FOI Response Document
FOI07105
Thank you for your request under the Freedom of Information Act 2000 about
Land Planning for the Land to the North of County Hall received on
30/07/2015.
We have considered your request and enclose the following information:
It came to my attention some months ago that the land to the north of
County Hall, Cardiff Bay and South of Henke Court facing into Schooner
Way has been the subject of heightened discussions over the last 4-6
months (see plan below)
1. Is the land owned by Cardiff Council?
The land is owned freehold by Cardiff Council.
2. Is the land being transferred to another party? If so who? (We
hear CCHA are involved?)
The land is being sold to a third party at an Open Market Value. The
land value is being agreed with reference to the District Valuer.
3. What are the commercial (or other) terms of this transfer or
disposal?
This information is commercially sensitive therefore is exempt from this
request.
In accordance with section 17 of the Freedom of Information Act 2000
this acts as a Refusal Notice.
The exemption applied is Section 43(2) Commercial Interests.
Under the Freedom of Information Act 2000 we must also consider if it
is in the public interest to disclose the information relating to your
request. In this case we consider that the public interest in withholding
the information outweighs the public interest in disclosing it for the
reasons explained below.
Factors Favouring Non-disclosure:

Processes only work properly where there is trust between the
authority and the purchaser, so that purchases do not fear that their
information will be communicated to third parties including competitors.
The Operational Manager, Improvement and Information, City of Cardiff Council, Room 401, County Hall, CARDIFF,
CF10 - 4UW. Telephone: 029 2087 2087 Email: foi@cardiff.gov.uk
You
can
find
out more about
the
Regulations from
the Information Commissioner
at:
Information Commissioner's Office (Wales), 2nd Floor, Churchill House, Churchill Way, Cardiff, CF10 2HH.
http://www.ico.org.uk/about_us/our_organisation/wales, Telephone: 029 2067 8400, Fax: 029 2044 8045, Email:
Wales@ico.gsi.gov.uk

This information is critical to the transaction and because negotiations
are ongoing with the purchaser disclosure at this time could adversely
affect the Council’s ability to conclude suitable terms.
Factors Favouring Disclosure (if any)

Transparency and openness under the Freedom of Information Act.
4. What stage are these discussions at? Have terms been agreed
with the potential buyer / transferor?
The basis of the sale has been agreed with solicitors in process of
drawing up legal documentation. The final land value will be agreed
upon completion of site investigation work currently being undertaken.
5. What process has Cardiff Council gone through to dispose of this
site? Are there Cabinet reports or similar that are available to
view?
The matter was reported to Cabinet 19th March 2015 within the report
‘Realignment of the 21st Century Schools Programme’. Decision No.
CAB/14/108; Minute No 140. Which can be accessed via the following
link:
http://cardiff.moderngov.co.uk/ieListMeetings.aspx?CId=151&Year=0
We therefore will not be providing the information in the format
requested under Section 21 of the Freedom of Information Act 2000.
6. As public land, why hasn't the site been bought to the market as
one might expect with public land disposal?
The Council is following the Welsh Government Land Transfer Protocol
to enable the need to secure by exchange a school site in the
Butetown area.
7. Have the council got any aspirations for the development of this
land? Are any documents available that describe the Councils
position?
The Council will be guided by the City Planning Department on an
acceptable development of the site.
8. Should this land be acquired by an affordable housing provider
(CCHA or similar) will the site be 100% social housing (including
Low Cost Home Ownership)?
The Operational Manager, Improvement and Information, City of Cardiff Council, Room 401, County Hall, CARDIFF,
CF10 - 4UW. Telephone: 029 2087 2087 Email: foi@cardiff.gov.uk
You
can
find
out more about
the
Regulations from
the Information Commissioner
at:
Information Commissioner's Office (Wales), 2nd Floor, Churchill House, Churchill Way, Cardiff, CF10 2HH.
http://www.ico.org.uk/about_us/our_organisation/wales, Telephone: 029 2067 8400, Fax: 029 2044 8045, Email:
Wales@ico.gsi.gov.uk
No scheme has yet been identified for the site and will be determined
by the developer through consultation with the Planning Department
9. Have any formal or informal pre-application requests been made?
Can copies of any documents be provided?
Pre application discussions have recently commenced however to
release this information at this stage is commercially sensitive therefore
is exempt from this request.
In accordance with section 17 of the Freedom of Information Act 2000
this acts as a Refusal Notice.
The exemption applied is Section 43(2) Commercial Interests.
Under the Freedom of Information Act 2000 we must also consider if it
is in the public interest to disclose the information relating to your
request. In this case we consider that the public interest in withholding
the information outweighs the public interest in disclosing it for the
reasons explained below.
Factors Favouring Non-disclosure:

Processes only work properly where there is trust between the
authority and the purchaser, so that purchases do not fear that their
information will be communicated to third parties including competitors.

Disposal of this information will be subject to a satisfactory planning
consent which is currently ongoing.

Negotiations are ongoing with the current purchaser therefore
disclosure at this time could adversely affect the Council’s ability to
conclude suitable terms.
Factors Favouring Disclosure (if any)

Transparency and openness under the Freedom of Information Act.
10. What is the timeline of any milestones / decisions made by the
council to date? (Decision to dispose, agreement of HOT,
instruction of solicitors etc.)
The decision to dispose of the site was made by Cabinet in March
2015 (Decision No CAB/14/108) based on the need to provide statutory
Education provisions in the area.
11. Are the Council aware of the timescales for the completion of any
disposal, planning application etc. going forward?
The Operational Manager, Improvement and Information, City of Cardiff Council, Room 401, County Hall, CARDIFF,
CF10 - 4UW. Telephone: 029 2087 2087 Email: foi@cardiff.gov.uk
You
can
find
out more about
the
Regulations from
the Information Commissioner
at:
Information Commissioner's Office (Wales), 2nd Floor, Churchill House, Churchill Way, Cardiff, CF10 2HH.
http://www.ico.org.uk/about_us/our_organisation/wales, Telephone: 029 2067 8400, Fax: 029 2044 8045, Email:
Wales@ico.gsi.gov.uk
The Council is working towards an agreed Time Plan with the
purchaser with a view to securing a valid planning consent on the site
and completing a land sale by the end of the financial year.
12. Have any surveys been taken of the land (ground condition,
ecology, contamination, services etc.?). Can these surveys be
made available?
Surveys have been undertaken on the site and some are still being
carried out.
However to release the survey information is commercially sensitive
therefore is exempt from this request.
In accordance with section 17 of the Freedom of Information Act 2000
this acts as a Refusal Notice.
The exemption applied is Section 43(2) Commercial Interests.
Under the Freedom of Information Act 2000 we must also consider if it
is in the public interest to disclose the information relating to your
request. In this case we consider that the public interest in withholding
the information outweighs the public interest in disclosing it for the
reasons explained below.
Factors Favouring Non-disclosure:

Processes only works properly where there is trust between the
authority and the purchaser, so that purchases do not fear that their
information will be communicated to third parties including competitors.

This information is critical to the transaction and because negotiations
are ongoing with the purchaser disclosure at this time could adversely
affect the Council’s ability to conclude suitable terms.
Factors Favouring Disclosure (if any)

Transparency and openness under the Freedom of Information Act.
13. Are there any covenants affecting the land? Height restrictions,
easements etc.?
There are no identified easements affecting the site. Building
restrictions such as height etc. will be addressed during the planning
process.
If you have any queries or concerns, please do not hesitate to contact us.
The Operational Manager, Improvement and Information, City of Cardiff Council, Room 401, County Hall, CARDIFF,
CF10 - 4UW. Telephone: 029 2087 2087 Email: foi@cardiff.gov.uk
You
can
find
out more about
the
Regulations from
the Information Commissioner
at:
Information Commissioner's Office (Wales), 2nd Floor, Churchill House, Churchill Way, Cardiff, CF10 2HH.
http://www.ico.org.uk/about_us/our_organisation/wales, Telephone: 029 2067 8400, Fax: 029 2044 8045, Email:
Wales@ico.gsi.gov.uk
Please remember to quote the reference number above in any future
communications.
The Operational Manager, Improvement and Information, City of Cardiff Council, Room 401, County Hall, CARDIFF,
CF10 - 4UW. Telephone: 029 2087 2087 Email: foi@cardiff.gov.uk
You
can
find
out more about
the
Regulations from
the Information Commissioner
at:
Information Commissioner's Office (Wales), 2nd Floor, Churchill House, Churchill Way, Cardiff, CF10 2HH.
http://www.ico.org.uk/about_us/our_organisation/wales, Telephone: 029 2067 8400, Fax: 029 2044 8045, Email:
Wales@ico.gsi.gov.uk