Our Ref:         FOI-0632-1920

Thank you for your request received on 31 May 2019 asking for a copy of the latest valuation report for the property interests held by Earls Court Partnership.

Your request has been considered in accordance with the requirements of the Freedom of Information (FOI) Act and our information access policy. We do hold the information you require.

Please find the requested report attached. In accordance with the FOI Act, we are not obliged to supply some of the information as it is subject to a statutory exemption to the right of access to information under section 43(2).

In this instance the exemption has been applied to some of the information as disclosure would be likely to prejudice our commercial interests. We are currently in negotiations for the purchase of part of the site and the information could be use by our competitors who are also interested in the site. This could result in us have to pay more for the site or not being able to complete the purchase.

The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. We recognise the need for openness and transparency by public authorities but in this instance the public interest in ensuring that we are able to obtain the best value for public money outweighs the general public interest in increasing transparency of our processes.

Additionally, in accordance with our obligations under Data Protection legislation some information has been withheld from the attached correspondence, as required by section 40(2) of the FOI Act. This is because disclosure of this personal data would be a breach of the legislation, specifically the first principle of Article 5 of the General Data Protection Regulation which requires all processing of personal data to be fair and lawful. It would not be fair to disclose this personal information when the individuals have no expectation it would be disclosed and TfL has not satisfied one of the conditions which would make the processing ‘fair’.

This exemption to the right of access to information is an absolute exemption and not subject to an assessment of whether the public interest favours use of the exemption.

Please see the attached information sheet for details of your right to appeal.

Yours sincerely

Gemma Jacob
Senior FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

[email protected]

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