Legal and Electoral Services

Our Ref MG 1890

Your Ref RFI 1845

1 July 2009

Dear Ms .Davis,

In reply to your request received on 8 May 2009 for :

(a) addresses and rateable values of empty Commercial properties

that are within Richmond Upon Thames Borough Council area; and

(b) the names of the owners of those properties referred to in (a)

The Council is not able to deal with your request comprehensively as it does not have details of all empty commercial properties within the Borough, whether long term or otherwise but it does have details of those commercial properties which are empty and in respect of which the owners have sought and been granted relief from Business Rates.  I am instructed that there are currently 557 empty rateable hereditaments falling within this category but without examining the details of each one it is not possible to say the length of time they have been empty or whether or not any are owned by individuals (see below).  On the assumption that at least 5 minutes would need to be spent in connection with each one, to extract the relevant information would take some 46 hours, which far exceeds the appropriate limit in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004.

Separately from the above and following the decision in England v Bexley LBC and The Information Commissioner I am also of the view that insofar as properties are owned by living and identifiable individuals their details are exempt information under section 40 of the FOI Act 2000 in that those details amount to personal data and disclosing it is not permitted by any of the conditions in Schedule 2 to the DP Act 1998.

In accordance with the Freedom of Information Act 2000 this letter acts as a Refusal Notice.

You have the right of appeal against the decision using the Council's Corporate Complaints procedure which is attached at the following link :

http://www.richmond.gov.uk/home/council_government_and_democracy/council/councilprocedures/complaints_procedure.htm

If you wish to appeal please set out in writing your grounds of appeal and send to the Data Protection & Information Officer, Civic Centre, 44 York Street, Twickenham, TW1 3BZ. Tel: 020 8891 7135. E-mail: [email address].

If you are dissatisfied with the outcome of the internal appeal you may appeal further to the Information Commissioner's Office at :

Wycliffe House 
Water Lane 
Wilmslow 
Cheshire  SK9 5AF 

http://www.ico.gov.uk/

Yours sincerely

Matt Ginn

For Head of Legal and Electoral Services

Civic Centre, 44 York Street, Twickenham TW1 3BZ DX 200027 Twickenham

t) 020 8891 1411 f) 020 8891 7733 www.richmond.gov.uk

Personal Callers: Regal House, London Road, Twickenham TW1 3QB

Richard Mellor, Head of Legal and Electoral Services MA (Oxon) FCMI Solicitor

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