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Application Number: 08/02809/FUL

Michael Dolan made this Freedom of Information request to North Wiltshire District Council

The request was partially successful.

From: Michael Dolan

4 February 2009

Dear Sir or Madam,

How many letter or online comments in support of Application
Number: 08/02809/FUL have been received but excluded from the total
tally of 31 displayed on your website as at today and why have any
such respondents comments been excluded from the tally
(notwithstanding that copies of their responses are included in the
pdf files containing the omitted responses)?

Please specify by full title of any law, statutory instrument or
other legally binding authority by which the Council believes it
has the right to deny each respondent from being included in the
tally even if another person from the same household has already
responded and been included in the tally?

Yours faithfully,

Michael Dolan

Link to this

North Wiltshire District Council

4 February 2009

Dear Mr Dolan

I have today received your email and I would confirm that, as requested,
this is being treated as a Freedom of Information request. I have duly
forwarded this to the appropriate Officer and will be in contact with you
shortly.

Kind Regards

Sally Armstrong
Senior Administrative Officer

Sent on behalf of

Wendy Gubbins
Freedom of Information Coordinator
Governance
North Wiltshire District Council
Tel: (01249) 706606
Fax: (01249) 654999
email: [email address]

show quoted sections

Link to this

North Wiltshire District Council

4 March 2009

Dear Mr Dolan

Re: FOI/469

Further to your request of below I would confirm the following:

61 comments have been received in relation to application number
09/02809/FUL. Copies of all letters have been displayed on our website.
The tally on the website currently shows a total of 52 comments received.
This is because we have joined together comments from the same household,
as comments from the same household are counted as 1 comment, in line with
the guidelines in the Council's scheme of delegation.

There is no statutory basis for the procedure adopted for recording levels
of support or objection in respect of individual planning applications.
This does not make the procedure unlawful.

If you are dissatisfied with the response to your request and wish to
complain, please contact me in the first instance giving full details of
your complaint. This will then be considered by the Council's Head of Paid
Service, who will review any decision taken regarding the disclosure of the
information requested. You will normally be notified of the outcome of this
review within 20 working days of receipt of a complaint. You will be
advised if the review is likely to take longer.

If you remain dissatisfied following this internal review, you have the
right to refer your complaint to the Information Commissioner. Details of
how to contact the Information Commissioner in such circumstances will be
given at the time you are notified of the outcome of the Council's internal
review.

Kind Regards

Wendy Gubbins
Freedom of Information Coordinator
Governance
North Wiltshire District Council
Tel: (01249) 706606
Fax: (01249) 654999
email: [email address]

Michael Dolan
<request-7673-6
a13d24a@whatdot To
heyknow.com> FOI requests at North Wiltshire
District Council
04/02/2009 <[email address]>
13:53 cc

Subject
Freedom of Information request -
Application Number: 08/02809/FUL

Dear Sir or Madam,

How many letter or online comments in support of Application
Number: 08/02809/FUL have been received but excluded from the total
tally of 31 displayed on your website as at today and why have any
such respondents comments been excluded from the tally
(notwithstanding that copies of their responses are included in the
pdf files containing the omitted responses)?

Please specify by full title of any law, statutory instrument or
other legally binding authority by which the Council believes it
has the right to deny each respondent from being included in the
tally even if another person from the same household has already
responded and been included in the tally?

Yours faithfully,

Michael Dolan

show quoted sections

Link to this

From: Michael Dolan

4 March 2009

Dear Ms Gubbins,

Thank you for your letter of March 4, 2009.

I am not satisfied that your records record the 61 responses you
received as 52. If you received 61 it should record 61. I
understand that discounting multiple responses from the same
household may be appropriate with regard to the policy of requiring
responses from five different households to call an application
into committee but that is quite a different matter. I request that
you modify your records to indicate you have received 61 responses
and that you do so before my application is heard by the
Development control committee on March 18, 2009. The change, once
made should also be communicated to the Planning Officer Ms Judy
Enticknap with a request that she modifies her report to the
committee to state the correct number of responses.

Yours sincerely

Michael Dolan

Link to this

From: Mail Delivery System

4 March 2009

This message was created automatically by mail delivery software.

A message that you sent could not be delivered to one or more of its
recipients. This is a permanent error. The following address(es) failed:

[email address]
SMTP error from remote mail server after RCPT TO:<[email address]>:
host mailhost.northwilts.gov.uk [194.106.40.194]:
550 relaying denied

show quoted sections

Link to this

From: Michael Dolan

4 March 2009

Dear Ms Gubbins,

Thank you for your letter of March 4, 2009.

I am not satisfied that your records record the 61 responses you
received as 52. If you received 61 it should record 61. I
understand that discounting multiple responses from the same
household may be appropriate with regard to the policy of requiring
responses from five different households to call an application
into committee but that is quite a different matter. I request that
you modify your records to indicate you have received 61 responses
and that you do so before my application is heard by the
Development control committee on March 18, 2009. The change, once
made should also be communicated to the Planning Officer Ms Judy
Enticknap with a request that she modifies her report to the
committee to state the correct number of responses.

Yours sincerely

Michael Dolan

Link to this

North Wiltshire District Council

6 March 2009

Dear Mr Dolan

Re: FOI/469

Thank you for your email of below. As this email is concerning our present
planning procedures and not a request for information I have requested that
Charles Pescod, Development Control Manager, responds to you direct.

Kind Regards

Wendy Gubbins
Freedom of Information Coordinator
Governance
North Wiltshire District Council
Tel: (01249) 706606
Fax: (01249) 654999
email: [email address]

Michael Dolan
<request-7673-6
a13d24a@whatdot To
heyknow.com> FOI requests at North Wiltshire
District Council
04/03/2009 <[email address]>
19:08 cc

Subject
Internal review of Freedom of
Information request - Application
Number: 08/02809/FUL

Dear Ms Gubbins,

Thank you for your letter of March 4, 2009.

I am not satisfied that your records record the 61 responses you
received as 52. If you received 61 it should record 61. I
understand that discounting multiple responses from the same
household may be appropriate with regard to the policy of requiring
responses from five different households to call an application
into committee but that is quite a different matter. I request that
you modify your records to indicate you have received 61 responses
and that you do so before my application is heard by the
Development control committee on March 18, 2009. The change, once
made should also be communicated to the Planning Officer Ms Judy
Enticknap with a request that she modifies her report to the
committee to state the correct number of responses.

Yours sincerely

Michael Dolan

show quoted sections

Link to this

From: Michael Dolan

20 March 2009

Dear Ms Gubbins

Further to your letter of March 6, 2009 under reference FOI/469 I
have not yet heard from Charles Pescod and will be obliged if you
could ask him to respond shortly. If Mr Pescod is reluctant to
reply because the enquiry relates to a specific application then
please advise and I will re-phrase the question to be non-specific,
notwithstanding I shall in any event seek an answer to the existing
question by an alternative route.

Yours sincerely

Michael Dolan

Link to this

From: Mail Delivery System

20 March 2009

This message was created automatically by mail delivery software.

A message that you sent could not be delivered to one or more of its
recipients. This is a permanent error. The following address(es) failed:

[email address]
SMTP error from remote mail server after RCPT TO:<[email address]>:
host mailhost.northwilts.gov.uk [194.106.40.194]:
550 relaying denied

show quoted sections

Link to this

8 April 2009

Sent a follow up to North Wiltshire District Council again.

From: Mail Delivery System

8 April 2009

This message was created automatically by mail delivery software.

A message that you sent could not be delivered to one or more of its
recipients. This is a permanent error. The following address(es) failed:

[email address]
SMTP error from remote mail server after RCPT TO:<[email address]>:
host cluster8.eu.messagelabs.com [85.158.139.19]:
550-Invalid recipient <[email address]
550 .uk> (#5.1.1)

show quoted sections

Link to this

Alex Skene left an annotation (10 May 2009)

Hi Michael

Snce 1st April, North Wiltshire District Council no longer exists, so I'd be very grateful if you could resubmit any follow-ups to your FOI request to its unitary authority successor, Wiltshire Council:

http://www.whatdotheyknow.com/body/wilts...

This is so we can prevent any new FOI requests being made to North Wiltshire.

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