Meeting documents

PUBLIC INTEREST TEST - BATH QUAYS SOUTH

If the Council Executive wishes to consider a matter with press and public excluded, it must be satisfied on two matters.

Firstly, it must be satisfied that the information contained within the report or likely to be disclosed falls within one of the accepted categories of exempt information under the Local Government Act 1972. In the instant case, there is information about the negotiations and proposed terms with the futuredevelopers, the funders and the valuation of the various interests in land,including the amount the Council proposes to pay for land acquisition. This information falls within paragraph 3 of the revised Schedule 12A of the 1972 Act .

Secondly, it is necessary to weigh up the arguments for and against disclosure on public interest grounds. The main factor in favour of disclosure is that all possible Council information should be made public, and that increased openness about Council business allows the public the opportunity to participate in debates on important issues in their local area.

Weighed against this is the fact that its disclosure in advance of the conclusion of the negotiations would weaken the Council's negotiating position to the possible financial detriment of the Council with a consequent reduction in the availability of resources to provide services. This would be contrary to the public interest which the Council may conclude would be better served by protecting the details until the matter is settled.

Vernon Hitchman

Solicitor to the Council

July 2006