Request ID: FOI-2445-2122 Date published: 20 April 2022
You asked
• A copy of the application submitted by Transport for London under section 163 of the Greater London Authority Act 1999 to dispose of operational land at Cockfosters.
• A copy of the applications made to the Department for Transport by TfL under section 163 of the Greater London Authority Act 1999 to dispose of operational land at (a) Arnos Grove Underground Station in the London borough of Enfield in 2020-21 and (b) Canons Park Underground Station, Rayners Lane Underground Station and Stanmore Underground Station in the London borough of Harrow in 2019.
• A copy of the Secretary of State for Transport’s reasons for approving the applications submitted by Transport for London under section 163 of the Greater London Authority Act 1999 to dispose of operational land at (a) Arnos Grove Underground Station in 2020-2021, (b) Canons Park Underground Station in 2019, (c) Rayners Lane Underground Station in 2019 and (d) Stanmore Underground Station in 2019.
We answered
Our Ref: FOI-2445-2122
Thank you for your request received on 26 January 2022 asking for information about applications made by TfL under section 163 of the Greater London Authority (GLA) Act.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm we do hold the information you require.
Please find the requested information attached.
• A copy of the application submitted by Transport for London under section 163 of the Greater London Authority Act 1999 to dispose of operational land at Cockfosters. • A copy of the applications made to the Department for Transport by TfL under section 163 of the Greater London Authority Act 1999 to dispose of operational land at (a) Arnos Grove Underground Station in the London borough of Enfield in 2020-21 and (b) Canons Park Underground Station, Rayners Lane Underground Station and Stanmore Underground Station in the London borough of Harrow in 2019.
Please find the requested documents attached.
In accordance with the FOI Act, we are not obliged to supply some of the information contained within the attached documents as it is subject to a statutory exemption to the right of access to information under section 43(2) – prejudice to commercial interests.
In this instance section 43(2) has been applied as disclosure would be likely to prejudice our commercial interests. A final developer has been confirmed, however disclosure of who our preferred bidder was at an earlier stage could adversely affect the course or outcome of future bids we receive for the further stages of this development.
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 feel that balance lies in favour of withholding the requested information to ensure that the tender process remains as competitive as possible to ensure that we are able to obtain best value for public money when awarding contracts.
In addition, in accordance with our obligations under Data Protection legislation some personal data has been removed, 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 UK 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.
• A copy of the Secretary of State for Transport’s reasons for approving the applications submitted by Transport for London under section 163 of the Greater London Authority Act 1999 to dispose of operational land at (a) Arnos Grove Underground Station in 2020-2021, (b) Canons Park Underground Station in 2019, (c) Rayners Lane Underground Station in 2019 and (d) Stanmore Underground Station in 2019
This information is published in a response issued by the Department for Transport (DfT) to a parliamentary question.
In accordance with section 21 of the FOI Act, we are not obliged to supply you with a copy of the requested information as it is already accessible to you elsewhere.
If this is not the information you are looking for, or if you are unable to access it for some reason, please feel free to contact me.
Please see the attached information sheet for details of your right to appeal.
