ICO orders council to publish stadium viability assessment

The Council approved L&Q's plans to redevelop the former greyhound track site into a 294 home development in May this year. The permission is subject to approval by the Mayor of London as the development is over 150 units.

Campaign group, Save our Stow, which campaigns to get dog racing reintroduced to the Stadium, submitted a request under the Freedom of Information Act to obtain the viability assessment submitted by L&Q in support of its proposals. The Council first refused the request, citing confidentiality reasons, but later made a redacted version of the document available, which lacked information on costs assumptions and income analysis.

The ICO said that the Council had failed to justify withholding the information.

"The Commissioner’s decision is that the council has failed to demonstrate that the withheld information engages the exceptions relating to the course of justice and the confidentiality of commercial or industrial information," the ICO decision said.

"We maintain that this viability assessment is commercially sensitive. It is a normal part of the planning process for developers to submit commercial information to planning authorities, which both parties acknowledge may be of a confidential or sensitive nature," a L&Q spokesperson said. “As a not-for-profit housing association, L&Q makes long-term investments to generate a surplus that is re-invested in new and existing affordable homes, and services for the people who live in them."

Government Minister Iain Duncan Smith has welcomed the decision by the ICO. "I welcome this decision as it is important for my constituents to know what the viability assessment amounted to, as well as what assumptions L&Q made to arrive at it," Smith said.

Save our Stow claims that L&Q's redevelopment plans are not viable and that they will result in a £26 million loss. The plans have been criticised for not meeting the Council's guideline that 50% of homes in a development should be affordable, with only 60 affordable homes included in the 294-home proposal. The Council has said that the figure is the maximum that can be achieved, having regard to "considerations and costs".

The Council has 35 days from the date of the decision on 27 September to make the full viability assessment available, or it can lodge an appeal. If it fails to disclose the document within the timeline, the case may be referred to the High Court.