A Freedom of Information request has belatedly shed some light on the process through which Bristol City Council and Legal & General proposed mixed-use development on Arena Island instead of the Bristol Arena (although some information is withheld, there seem to have been quite a few meetings with no notes taken, and one attachment seems to be missing). Details are here:
and below :
1. Please confirm whether Bristol Council has published an invitation to tender in relation to proposals to develop a mixed use scheme at Temple Island.
Bristol City Council has not published and [sic] invitation to tender in relation to proposals to develop a mixed use scheme at Temple Island.
2. Please confirm whether Legal & General first approached Bristol City Council, or Bristol City Council first approached Legal & General, in relation to a proposed mixed use development scheme on Temple Island.
Representatives of L&G met with Executive Director for Growth and Regeneration [Colin Molton] on the 24th January 2018. Preliminary consideration of the alternative forms of development on the Temple Island site was discussed.
3. Please confirm the date on which the approach in relation to the mixed use development opportunities at Temple Island was first made.
Please answer to question 2.
4. Please confirm which Officers, Councillors or other staff or consultants to Bristol City Council were involved in discussions with Legal & General in relation to the proposed mixed use development at Temple Island.
The following individuals have been involved in discussions with Legal & General to the proposed mixed use development at Temple Island:
Officers: Colin Molton, Richard Marsh
Consultants: Nigel Greenhalgh
Councillors: no councillors have been involved in the discussions with Legal & General
5. Please confirm whether Mayor Rees and/or Colin Molton met with any representatives of Legal & General in the last 18 months. If so, please confirm:
a. Who Mayor Rees and/or Colin Molton met with, when, and where;
b. Whether there were any discussions about the potential for mixed use development on the Temple Island land, and if so, details of those discussions (please provide a copy of any agendas or meeting notes); and
c. Whether any costs associated with the meetings (for example, food and drinks, accommodation, travel, entertainment etc) were paid by Legal & General or the Council and the amount of each cost or expense.
· Tuesday 12th December 2017 (1000-1100): Colin Molton met with representatives of L&G. The meeting took place at the L&G Office, One Coleman Street, London EC2R 5AA. There were no costs associated with the meetings.
· Wednesday 24th January 2018 (1630-1800): Colin Molton met with representatives of L&G. The meeting took place in room 2P10 at City Hall, Bristol. No costs were associated with this meeting. No notes from the meeting exist.
· Monday 5th March 2018 (1200-1300): Colin Molton had a telephone call with representatives of L&G. No notes from the conversation exist. No costs were associated with the telephone call.
· Friday 8th June 2018 (1330-1530): Mayor Rees and Colin Molton met with representatives of L&G. The meeting took place in City Hall in the Mayor s Office. No costed [sic] were associated with this meeting.
· Tuesday 2nd October 2018 (0730-0930): Mayor Rees and Colin Molton attended a Breakfast with representatives of Legal & General and the Bristol Chamber of Commerce & Initiative on how we can create renewed infrastructure, housing, energy and urban regeneration in Bristol . The breakfast was organised by Business West. Bristol City Council has no information regarding what costs were associated with the meeting. Attached is the agenda for the meeting and attendee list [although these were not attached]. This [sic] documents have been redacted to remove the personal information of third parties. The meeting took place at Arcadis LLP, 2 Glass Wharf, Temple Quay, Bristol BS2 0FR.
· Tuesday 2nd October 2018 (1030-1130): Mayor Rees and Colin Molton met with the CEO and the Head of Public Affairs of L&G at City Hall in room 1P02. No notes from this meeting exist. No costs were associated with this meeting. The meeting had an inform agenda which covered the following issues:
Wider Bristol vision particularly One Bristol vision
L&G emphasis on inclusive capitalism and our value
Update on current projects, particularly Temple Meads / Island
Next steps / what more could we do together?
6. Please confirm whether any discussions between Legal & General and Bristol City Council in relation to mixed use development opportunities at Temple Island took place prior to the Overview and Management Scrutiny meetings on 18 22 June, and if so please provide details of the date, time, duration, subject matter, and participants in those discussions.
Monday 5th March 2018 (1200-1300): Colin Molton had a telephone call with representatives of L&G. While no notes from the conversation exist, the conversation did focus on the future of Temple Island.
7. Please confirm the date on which plans or images of the proposed mixed use site were first provided by Legal and General to Bristol City Council and who at Bristol City Council they were sent to.
Bristol City Council first received images of the proposed mix use site on Saturday 14th April at 21:12hrs. They were sent to Colin Molton’s assistant.
8. Please provide copies of all correspondence and documents between Legal & General and Bristol City Council in relation to the mixed use development scheme at Temple Island.
The Council is of the view that this is a request for environmental information under the Environmental Information Regulations 2004 (EIR) and has further identified that the qualified exception provided by reg. 12(5)(e) EIR the confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest is engaged in relation to the requested information. The purpose of the exception is to protect the underlying commercial confidentiality of any legitimate economic interests. We are of the view that the exception is engaged in relation to the Council s legitimate economic interests and those of the third party in the potential disposition/acquisition and development of this area of land. The information requested is commercial in nature since it relates to the commercial activities of both the Council and a third party. The confidentiality is protected by the common law of confidence, having the necessary quality of confidence since it is not trivial or in the public domain and it was shared in circumstances that created an obligation of confidence. Disclosure of the requested information would cause harm to both the Council and the third party. The information requested would be highly valuable to Legal & General’s competitors and it is asserted that it was shared on the explicit understanding that it would remain confidential. Any disclosure would seriously inhibit the Council’s ability to have detailed commercial discussions with other investors, as investors would not be able to disclose their key, confidential investment requirements without risk of those being made public. Setting a precedent in this manner would leave both the Council and potential investors hamstrung, not only in relation to this transaction but all future transactions. The information requested relates to ongoing negotiations. Disclosure of this information into the public domain would inevitably harm the confidential nature of that information by making it publicly available, and would also harm the legitimate economic interests that have already been identified. The public interest test has been considered in relation to the application of this exception. There is a presumption in favour of disclosure and a clear public interest in transparency and accountability. There is also a clear public interest in the Council’s ability to negotiate effectively with third parties in order to obtain the best value for the public purse. Though the degree of the requester’s interest in the requested information may be strong, the Council is of the view that the wider public interest is better served by upholding the application of the exception in this case in order to ensure that the Council is able to enter into full and frank negotiations with this and other third parties to ensure that best value is achieved. For these reasons the requested information has been withheld.
9. Please confirm whether Bristol City Council has taken any legal advice in relation to the proposed mixed use development scheme (including, without limitation, in relation to planning permission).
The Council has considered your request and is of the view that this is a request for environmental information in accordance with the Environmental Information Regulations 2004 (EIR). In deciding whether to consider this request under the Freedom of Information Act 2000 (FOIA) or the EIR, we have applied the test set out in the Information Commissioner v Department for Transport & Hastings [2018] UKUT 184 (AAC) where it was held that the test is what the information is on . As such the Council is of the view that this is a request on the development of an arena and so consider this to be
environmental information under the EIR.
The Council can provide a neither confirm or deny response under the qualified exception provided by reg. 12(5)(b) EIR. We are of the view that the qualified exception provided by reg. 12(5)(b) the course of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an inquiry of a criminal or disciplinary nature is engaged. The qualified exception provided by reg. 12(5)(b) encompasses those communications that are protected by Legal Professional Privilege (LPP). Confirming or denying that the information as set out in the request existed could reveal details of the advice that would otherwise be withheld in reliance upon the exception. The Council has considered the public interest in applying this exemption and providing a neither confirm nor deny response. There is a presumption in favour of disclosure and there is obviously a significant public interest in transparency and accountability. However, the ICO and the Tribunal have found that there is a strong inbuilt public interest in favour of maintaining the principle of and confidence in the principle of LPP. In DCLG v Information Commissioner & WR [2012] UKUT 103 (AAC) (28 March 2012), case number GIA/2545/2011, the Upper Tribunal accepted that there would need to be special or unusual factors in play for this not to be the case. The Council is of the view that in all the circumstances of this case, the public interest in maintaining the exception and providing a neither confirm nor deny response outweighs the public interest in disclosure in order to preserve the course of justice.
10. In relation to the press statement released by Legal & General on or around 23 August 2018, please confirm whether a draft or copy of this statement was sent to Bristol City Council, and if so, to whom, when, and what response was given.
On 09:22am 17th August 2018 Bristol City Council received draft copy of press statement titled Legal & General unveils vision for major urban regeneration project at the Temple Island (former Arena Island) site in Bristol . The press statement was received by:
- Marvin Rees Mayor of Bristol.
- Colin Molton Executive Director for Growth and Regeneration
- Kevin Slocombe Head of Mayor s Office
- Eric Andrews Senior Solicitor
- Richard Marsh Enterprise Zone Director
Please see the attached responses from Kevin Slocombe and Colin Molton and attachment. These documents have been redacted to remove the personal data of third parties.
18 08 16 PRESS RELEASE Bristol Draft redacted
Email from Colin Molton 20 August 2018 redacted a
email from Kevin Slocombe 20 August 2018 Redacted a
11. To the extent this information is in your possession, please confirm the date on which Legal & General instructed Zaha-Hadid Architects to design the mixed use development scheme on Temple Island.
Bristol City Council does not hold this information.
Image: Proposed mixed-use development on Arena Island
