BRADFORD Council has said it needs to "give consideration to the public interest arguments" before deciding whether to disclose key correspondence about Bradford Live.
On August 20, the Telegraph & Argus submitted a Freedom of Information (FOI) Act request to Bradford Council asking the authority to "provide all written correspondence everyone associated with Bradford Council has made and received in relation to Bradford Live" between a specific timeframe.
The Council has tonight contacted the T&A stating it has considered the request and "identified that the information requested may need to be withheld" under sections 42(1) and 43(2) of the FOI Act.
According to the Information Commissioner's Office (ICO), Section 42(1) "provides that information is exempt from disclosure if the information is protected by legal professional privilege (LPP) and this claim to privilege could be maintained in legal proceedings. LPP protects the confidentiality of communications between a lawyer and client".
Meanwhile, Section 43(2) is a "prejudice-based exemption which says that information is exempt if its disclosure would, or would be likely to, prejudice the commercial interests of any legal person (including the public authority holding it)", according to the ICO.
The Council told the T&A tonight: "As a result of the above and in accordance with Section 10(3) of the act, the Council is extending the statutory deadline date by which we must respond to this request until October 16, 2024, to give consideration to the public interest arguments in relation to disclosing this information."
A previous FOI request submitted by the T&A revealed that the overall cost of the Bradford Live project had climbed to £50.5 million - including £43.75m from the Council.
Bradford Live was due to open as a "world-class music and entertainment venue" this autumn.
But intended operator, the Birmingham-based NEC Group, has distanced itself from the scheme.
Concerns are mounting that Bradford Live may not open in time for the start of Bradford 2025 City of Culture.
The T&A revealed recently that only a preliminary contract - not a formal lease - currently exists between Bradford Live and the NEC Group.
Bradford Council and Bradford Live representatives have repeatedly said "the legal processes relating to handover to the NEC Group are progressing".
Claire Murphy, who is head of the commercial property department at Switalskis Solicitors, which has an office in Bradford, said: "The 'legal processes' could relate to conditions in the Agreement for Lease (the preliminary contract) - these conditions would all have to be satisfied before the formal lease is completed."
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