Dear Sir or Madam,

Please could you provide me with a copy of the Travel Plan for the
Blue Fin Building, 110 Southwark Rd, London SE1

Yours faithfully,

Alex Skene

Dear Alex Skene

Please see attached response to your request for information.

Regards

Janet McDonald
Corporate Access to Information Officer
Legal & Democratic Services
Room 3.12
Southwark Town Hall
Peckham Road
London SE5 8UB

Tel: 020 7525 7511
Fax: 020 7525 7675

email: [email address]

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Dear Janet,

Many thanks for the reply. Please could you confirm the link you
sent, as it did not take me to Southwark Council's website, but to
a page on london-se1.co.uk (a private website) containing a photo
of one of the restaurants in the Blue Fin Building.

A Travel Plan is usually a requirement for planning permission
consent, often forming part of Section 106 agreements.

Many thanks,

Alex Skene

Dear Alex

Apologies - a substantive response will be sent within the statutory
timeframe.

Regards

Janet McDonald
Corporate Access to Information Officer
Legal & Democratic Services
Room 3.12
Southwark Town Hall
Peckham Road
London SE5 8UB

Tel: 020 7525 7511
Fax: 020 7525 7675

email: [email address]

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Dear Sir or Madam,

I'd be very grateful if you could provide me with an update to my
FOI request Ref No. FOI 3238 as it is now overdue.

Yours sincerely,

Alex Skene

Dear Sir or Madam,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Southwark Borough
Council's handling of my FOI request 'Blue Fin Building - Travel
Plan'. FOI request Ref No. FOI 3238

A substantial answer to my FOI request has not been provided within
the 20 working days allowed for under the FOI Act.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/bl...

Yours sincerely,

Alex Skene

Dear Alex Skene,

Please find attached the response to your freedom of information request -
3238.
My apologies for the delay in responding.

<<081216 Response to FOI request FINAL - 3238.pdf>>
Please let me know if you need any further information.
Many thanks

Laura

Freedom of information officer
Regeneration & neighbourhoods
Council offices, Chiltern
Portland Street
London
SE17 2ES

t: 020 7525 5352 | f: 020 7525 5484
e: [email address]
[1]www.southwark.gov.uk/regeneration

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References

Visible links
1. file://www.southwark.gov.uk/regeneration

Dear Sir or Madam,

FOI request Ref No. FOI 3238

Thank you for your mail of 16 December.

Please can you confirm whether this was an official Fees Notice as
required under FOIA Section 9(1), and whether it was calculated in
accordance with the Freedom of Information and Data Protection
(Appropriate Limit and Fees) Regulations 2004?

I would also like to know what the fee covers - you are only
allowed to charge for actual disbursement costs (eg postage or
photocopying), not for the time taken in retrieving the information
where the costs fall below the £450 limit.

Yours sincerely,

Alex Skene

Dear Alex Skene

I acknowledge receipt of your request for a review of the decision
communicated to you on 16 December 2008. Please see attached letter.

Regards

Janet McDonald
Corporate Access to Information Officer
Legal & Democratic Services
Room 3.12
Southwark Town Hall
Peckham Road
London SE5 8UB

Tel: 020 7525 7511
Fax: 020 7525 7675

email: [email address]

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Dear Sir

I am advised that a substantive response was despatched by my colleague
which appears to have crossed with your email of 16 December 2008. For
ease of reference I append a copy.

I apologise that a response was not provided within the 20 working day
timeframe and for any inconvenience occasioned by that delay.

Regards

Janet McDonald
Corporate Access to Information Officer
Legal & Democratic Services
Room 3.12
Southwark Town Hall
Peckham Road
London SE5 8UB

Tel: 020 7525 7511
Fax: 020 7525 7675

email: [email address]

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Dear Janet,

Many thanks for your mail of 13 January reattaching "081216
Response to FOI request FINAL - 3238.pdf".

I did send 2 emails on 16 December, one requesting an internal
review (due to non-reply to my FOI request), and the other in
direct reply to the attachment "081216" you resent yesterday
(copied below).

In your letter from yesterday, you did not address the issue I
raised regarding your request for fees, and as such have not
correctly replied to my original request under FOIA Sections
1(1)(b), 9(1), or 17(1). I therefore request that you complete the
internal review requested on 16th December (as directed in FOIA
Section 45 Secretary of State's Code of Practice Part VI).

== COPY OF LETTER SENT ON 16 DEC 08 ==

Thank you for your mail of 16 December.

Please can you confirm whether this was an official Fees Notice as
required under FOIA Section 9(1), and whether it was calculated in
accordance with the Freedom of Information and Data Protection
(Appropriate Limit and Fees) Regulations 2004?

I would also like to know what the fee covers - you are only
allowed to charge for actual disbursement costs (eg postage or
photocopying), not for the time taken in retrieving the information
where the costs fall below the £450 limit.

== == == == == ==

All correspondence relating to this request can be viewed here:
<<http://www.whatdotheyknow.com/request/bl...>>

Kind regards,

Alex Skene

Dear Alex Skene

Please find attached the Council's response to your appeal together with
enclosure.

<<Appeal response Alex Skene 20090121 (4).pdf>> <<090126 Planning fees and
charges and application form.pdf>>

Kind regards

Carol

Carol Hughes-Young
Senior Lawyer - Governance Team
Legal & Democratic Services
Tel:  020 7525 7512
Fax: 020 7525 7108

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Dear Carol Hughes-Young

Many thanks for sending me the results of the internal review
earlier today, however it didn't address my points relating to the
handling of my request in terms of the Freedom of Information Act
sections 1(1)(b), 9(1), or 17(1).

I'd like to avoid making a complaint to the ICO, so please can you
confirm that your reply is in fact a s.17(1) refusal letter
claiming s.21 Information Accessible By Other Means?

This has implications on whether you can charge me or not
(notwithstanding that withholding information pending a cash
"deposit" may not be considered as reasonably accessible). The
ICO's guidance
<<http://www.ico.gov.uk/upload/documents/l...>>
states:

"There are two cases where charges may be made:
• Where there is a specific statutory scheme under which
information is provided for a fee, such as information from the
local land charges registry.
• Where the information is provided under the authority’s
publication scheme and the scheme indicates that a charge may be
made for information falling within a particular class. (See also
the Commissioner’s guidance on charging under publication
schemes.)"

Your FOI Publication Scheme did not contain any classes of
information relating to what was requested, therefore I can't see
how you can charge for the information requested. I request that
you should waive the deposit and charges and provide the
information under s(1).

If you wish to rely on another exemption under the FOI Act, please
let me know as soon as possible, especially given the delay so far
in trying to obtain this information.

Yours sincerely,

Alex Skene

Dear Mr Skene

Thank you for your email. It would not be appropriate to enter into any
further communication with you in relation to this matter. As per my
letter dated 27 January 2009, if you unhappy with the decision you may
contact the Information Commissioner.

Kind regards

Carol

Carol Hughes-Young
Senior Lawyer - Governance Team
Legal & Democratic Services
Tel: 020 7525 7512
Fax: 020 7525 7108

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