Hi, Please can I have all of the valuation reports for the Earls Court Development Site (the joint venture between TfL and Capital & Counties). As I understnad JLL were commissioned to carry out the valuation report on a bi-annual basis. Thank you.

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TfL Ref: 2343-1920

Thank you for your request received by us on 5 November 2019 asking for copies of all valuation reports for the Earls Court Development Site.

Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.  You asked for:

all of the valuation reports for the Earls Court Development Site (the joint venture between TfL and Capital & Counties). As I understand JLL were commissioned to carry out the valuation report on a bi-annual basis

Please find attached the March 2019 edition of the requested valuation report, which was undertaken on behalf of Transport for London (TfL). In accordance with the FOI Act, we are not obliged to supply some of the information in the attached document 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 used by our competitors who are also interested in the site. This could result in us having 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’.

In accordance with the FOI Act, we are not obliged to supply copies of the other requested reports as they are subject to a statutory exemption to the right of access to information under section 41.

These reports were undertaken by Capco and shared with TfL for accountancy purposes with no expectation that they would be shared more widely and to do so would be a breach of confidence, therefore it possesses the necessary quality of confidence to justify exemption. This exemption is an absolute exemption, which is not subject to an assessment of whether the public interest favours application of the exemption.

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.

If this is not the information you are looking for, or if you are unable to access it for any reason, please do not hesitate to contact me.

Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.

Yours sincerely

Jasmine Howard
FOI Case Officer
Information Governance
Transport For London

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