Section 106 Agreements

Request:

“Please provide the following details for all payments received under Section 106 planning agreements:- 1. The value of the payment

  1. The purpose of the payment 3. The amount of the payment that has been spent 4. The amount that has been committed, but not spent 5. The amount that has not been committed or spent
  2. The amount that has been repaid
  3. The reason for the repayment Please provide these details for the following years: a. Q1 to 7 for 2015-2016 b. Q1 to 7 for 2014-2015 c. Q1 to 7 for 2013-2014 d. Q1 to 7 for 2012-2013 e. Q1 to 7 for 2011-2012 f. Q1 to 7 for 2010-2011 g. Q1 to 7 for 2009-2010 h. Q1 to 7 for 2008-2009 i Q5 Please also provide details of any unspent money that dates back prior to 2008-09.”

 

Response:

Unfortunately, Devon County Council (DCC) is unable to supply you with the information you request under Section 12 of the Freedom of Information Act. Under the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004 public authorities are not obliged to comply with requests which exceed the cost limit of £450 (equating to 18 hours of time).

Whilst the information you have requested does sit within our electronic and paper filing systems, these systems are not set up to easily provide us with the type of information you have requested.

In order to locate, retrieve and extract the requested information, the relevant team would need to go to each Section 106 Agreement separately, open it, interpret it and liaise with finance on the questions raised to ascertain the answers.

There are currently in excess of 1,000 Section 106 Agreements and Deeds of Variation for the time period specified, all which would need to be accessed and interpreted. On a conservative estimate of 30 minutes per document, we anticipate that this would take in the region on 500 hours to complete, which is clearly well in excess of the 18 hours public authorities are obliged to spend responding to FOI requests.

However, if you are able to refine your request, perhaps by reducing the timescale or concentrating on specific agreements, so that it may fall within the cost limit as described above, we would be happy to review your request.

 

 

If you wish to speak with someone regarding the above request, please contact the Information Governance Team on 01392 383000 – ask for information governance – or email accesstoinformation-mailbox@devon.gov.uk

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