EIR - Affordable housing allocations located in Barnet (Aug 2021)

Your request

Please provide a list of the affordable housing grant applications you received (and either allocated grants to or did not allocate grants to) between 2016 and 2019, to schemes in the London Borough of Barnet.

Please include grants allocated to all types of applicants (developers, local authorities, housing associations and the like) and include the following data:

1. Scheme name and address (the locations of the housing stock)
2. Applicant name
3. The affordable housing program name
4. Grant amount allocated
5. What was agreed with regards to rent setting
6. Why the application was declined (if applicable).

Our response

Please find attached the information the GLA holds within scope of your request. In relation to part 5 of your request, you can find the appropriate rent levels at: Homes for Londoners: Affordable Homes Programme 2016-2023 | London City Hall

We have decided that at this time, the information covered by parts 1 and 6 of your request is exempt from disclosure under the exception provisions found under Regulation 12(4)(d) of the EIR. Regulation 12(4)(d) is engaged when the request relates to material that is still in the course of completion, unfinished documents or incomplete data. If the information in question falls into one of these categories, then the exception is engaged.

This provision has been applied to withhold material in the course of completion.

Guidance published by the Information Commissioner clarifies:

'The fact that the exception refers to both material in the course of completion and unfinished documents implies that these terms are not necessarily synonymous. While a particular document may itself be finished, it may be part of material which is still in the course of completion.'

This same guidance also clarifies that material which is still in the course of completion can include information created as part of the process of formulating and developing a policy, decision or recommendation. In this instance it is necessary that partners should have the necessary space to undertake community consultations which should not be pre-empted. We are unable to release the reasons for rejection as there is likely to be ongoing discussion and negotiation on those projects.

Regulation 12(4)(d) constitutes a qualified exemption from our duty to disclose information under the EIR, and consideration must be given as to whether the public interest favouring disclosure of the information covered by this exemption outweighs the public interest considerations favouring maintaining the exemption and withholding the information.

It is however necessary to consider whether the public interest in maintaining the exemption, is greater than the public interest in releasing the information whilst plans for consultations and ongoing discussions and negotiations are still to take place. The public interest (meaning the best interests of the public) is met by the GLA being open and transparent, and we are able to disclose most of the information you are seeking. However, we also need to be able to manage our resources effectively, and this includes ensuring that plans are sufficiently progressed to offer enough information for residents to come to a view. We therefore find the balance of public interest falls in maintaining the exemption.

If you have any further questions relating to this matter, please contact me, quoting reference MGLA020821-9525.