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NMLee made this Freedom of Information request to Redditch Borough Council
The request was partially successful.
From: NMLee
12 February 2011
Dear Redditch Borough Council,
Request for Information under the Environmental Information
Regulations 2004.
I am concerned to read within the "Revised Preferred Draft Core
Strategy", which is currently under consultation, which states that
"due to the high level of housing need and limited locations for
development, exceptional circumstances existed to remove land from
the Green Belt to form part of the strategic site for development",
within the Brockhill East area.
This is a very important decision which will not only affect the
landscape but also impacts on the citizens of Brockhill and
surrounding area. The Environmental Information Regulations (EIR)
were introduced to allow the general public access to environmental
information for amongst other things, to understand how public
bodies work and how they reach their decisions with a view to
furthering public understanding and stimulating debate and
challenge with regard to environmental matters.
Therefore, in accordance with my rights under regulation 5 of the
Environmental Information Regulations I would like to request
information that shows how the decision to remove the land from the
Green Belt was arrived at. This will include:
a) Copies of minutes of meetings that discussed the matter.
b) Reports on the issue.
c) Communications sent by either Council officers, or Councillors
or third parties on the matter. This will include not only paper
correspondence but also electronic email also.
If you are unclear about any part of my request I would like to
respectfully remind you of your obligations under regulation 9 of
the EIR (to ‘Advice and Assist’) and also remind you that unlike
the Freedom of Information Act regulation 12(2) of the EIR require
a public authority to make a presumption in favour of disclosure.
If however, my request is denied in whole or part, I ask that you
justify any refusal by explaining which exception you are relying
on, how it applies to the information in question and why the
public interest favours upholding the exemption.
Yours faithfully,
NMLee
From: FOI RBC
Redditch Borough Council
14 February 2011
Our Reference: 248
Dear NM Lee
Thank you for your EIR request for Redditch Borough Council.
Your request is being dealt with in accordance with the Freedom of
Information Act 2000. In accordance with the act, we will respond by 14^th
March 2011.
Kind Regards,
Julie Smout
Information Support Officer
Business Transformation Bromsgrove District & Redditch Borough Councils
Bromsgrove District Council
Redditch Borough Council
The Council House
Town Hall
Burcot Lane
Walter Stranz Square
Bromsgrove
Redditch
Worcestershire
Worcestershire
B60 1AA
B98 8AH
Tel: 01527 64252, ext 7612
Web: [1]www.bromsgrove.gov.uk Web:
[2]www.redditch.whub.org.uk
Email: [3][email address]
show quoted sections
References
Visible links
1. http://www.bromsgrove.gov.uk/
http://www.bromsgrove.gov.uk/
2. http://www.redditch.whub.org.uk/
http://www.redditch.whub.org.uk/
3. mailto:[email address]
From: FOI RBC
Redditch Borough Council
15 February 2011
Our Reference: 248
Dear NM Lee,
Thank you for your recent EIR Request made under the Freedom of
Information Act. I can now offer you the following information:
No decision has been made in respect of the removal of land from the Green
Belt at Brockhill. This is still under consultation. It is only at the
point of publishing and submitting a final core strategy that the evidence
underpinning Councils preferred approaches are finalised, and the Council
is not near this position yet.
Below is a link to details of the Consultation, should you wish to take
part.
[1]http://redditch.whub.org.uk/cms/environm...
I hope this resolves your enquiry and that you are satisfied with the
response.
However, if you are dissatisfied with the way your request has been
handled, you have the right to request an internal review.
If you are still dissatisfied following a review by the Council, you have
the right to complain to the Information Commissioner. You can contact the
Information Commissioner at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone 01625 545 700
www.ico.gov.uk/
Regards
Julie Smout
Information Support Officer
Business Transformation Bromsgrove District & Redditch Borough Councils
Bromsgrove District Council
Redditch Borough Council
The Council House
Town Hall
Burcot Lane
Walter Stranz Square
Bromsgrove
Redditch
Worcestershire
Worcestershire
B60 1AA
B98 8AH
Tel: 01527 64252, ext 7612
Web: [2]www.bromsgrove.gov.uk Web:
[3]www.redditch.whub.org.uk
Email: [4][email address]
show quoted sections
References
Visible links
1. http://redditch.whub.org.uk/cms/environm...
2. http://www.bromsgrove.gov.uk/
http://www.bromsgrove.gov.uk/
3. http://www.redditch.whub.org.uk/
http://www.redditch.whub.org.uk/
4. mailto:[email address]
From: NMLee
17 February 2011
Dear RBC FOI
Thank you for your response.
Within my request, I included the exact phrasing from Redditch
Borough Council’s Revised Preferred Draft Core Strategy and
appreciate that this document is still under consultation; however,
I wish to restate my original request in that, “exceptional
circumstances existed to remove land from the Green Belt to form
part of the strategic site for development within the Brockhill
East area.”
I can infer that as “exceptional circumstances existed” is in the
past tense, a decision has been reached and therefore wish to
request to obtain:-
a) Copies of minutes of meetings that discussed the matter.
b) Reports on the issue.
c) Communications sent by either Council officers, or Councillors
or third parties on the matter. This will include not only paper
correspondence but also electronic email also.
Yours sincerely,
NMLee
From: NMLee
17 February 2011
Dear Redditch Borough Council,
To provide yourselves with further clarity on the letter sent to
you earlier today, I have added some words into the paragraph which
starts, I can infer.
"I can infer that as “exceptional circumstances existed” is in the
past tense, a decision has been reached on the exceptional
circumstances and therefore wish to request what these exceptional
circumstances are and wish to obtain....(as in previous letter)
I hope that this provided further clarification
Yours faithfully,
NMLee
From: FOI RBC
Redditch Borough Council
18 February 2011
Our Ref: 248
Dear NM Lee
We acknowledge receipt of further correspondence, in relation to this
request. In accordance with the act, we will respond by 14th March 2011 as
previously stated.
Julie Smout
Information Support Officer
Business Transformation Bromsgrove District & Redditch Borough Councils
Bromsgrove District Council
Redditch Borough Council
The Council House
Town Hall
Burcot
Lane
Walter Stranz Square
Bromsgrove
Redditch
Worcestershire
Worcestershire
B60
1AA
B98 8AH
Tel: 01527 64252, ext 7612
Web: www.bromsgrove.gov.uk Web:
www.redditch.whub.org.uk
Email: [email address]
show quoted sections
From: Information Management
Redditch Borough Council
3 March 2011
Our Reference: 248
Dear NM Lee,
Thank you for your recent correspondence refining your request to
exceptional circumstances in respect of your original Freedom of
Information request. I can now offer you the following information:
Extracts from PEG:
Para 2.6 - Once the general extent of a Green Belt has been approved it
should be altered only in exceptional circumstances. If such an alteration
is proposed, the Secretary of State will wish to be satisfied that the
authority has considered opportunities for development within the urban
areas contained by and beyond the Green Belt. Similarly, detailed Green
Belt boundaries defined in adopted local plans or earlier approved
development plans should be altered only exceptionally.
Para 2.7 - Where existing local plans are being revised and updated,
existing Green Belt boundaries should not be changed unless alterations to
the structure plan have been approved, or other exceptional circumstances
exist, which necessitate such revision.
Extract of MP letter:
The WMRSS Preferred Option (December 2007) Objective for Green Belts:
"To retain the Green Belt but to allow an adjustment of boundaries, where
exceptional circumstances can be demonstrated, either to support urban
regeneration or to allow for the most sustainable form of development to
deliver the specific housing proposals referred to within the sub-regional
implications of the strategy."
Para 3.65
"In the case of Redditch...given the scale of housing required to meet its
needs (I.e. reflecting the population structure of this previous new
town)...with limited development capacity within the town itself this will
require extensions to the urban area including provision in adjoining
Districts with implications for Green Belt."
Extract of the Panel Report:
Overview para. vii, recommends to "...tighten the policy towards Green
Belt by specifying more clearly those locations in which the RSS supports
boundary changes."
The development targets proposed for Redditch, by implication, necessitate
boundary change, due to the acknowledged limited capacity.
I acknowledge your request asked for copies of documents however Freedom
of Information covers the information contained therein (of which we have
provided extracts) and not the actual documents themselves.
I hope this resolves your enquiry and that you are satisfied with the
response.
However, if you are dissatisfied with the way your request has been
handled, you have the right to request an internal review.
If you are still dissatisfied following a review by the Council, you have
the right to complain to the Information Commissioner. You can contact the
Information Commissioner at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone 01625 545 700
www.ico.gov.uk/
Regards
Julie Smout
Information Support Officer
Business Transformation Bromsgrove District & Redditch Borough Councils
Bromsgrove District Council
Redditch Borough Council
The Council House
Town Hall
Burcot Lane
Walter Stranz Square
Bromsgrove
Redditch
Worcestershire
Worcestershire
B60 1AA
B98 8AH
Tel: 01527 64252, ext 7612
Web: [1]www.bromsgrove.gov.uk Web:
[2]www.redditch.whub.org.uk
Email: [3][email address]
show quoted sections
References
Visible links
1. http://www.bromsgrove.gov.uk/
http://www.bromsgrove.gov.uk/
2. http://www.redditch.whub.org.uk/
http://www.redditch.whub.org.uk/
3. mailto:[email address]
From: NMLee
4 March 2011
Dear Redditch Borough Council,
I am writing to request an internal review of Redditch Borough
Council's handling of my request for Information under the
Environmental Information Regulation Ref: 248
In connection with my request for information and your response I
wish to log an appeal. You have not either interpreted or applied
the Environmental Information Regulations (EIR) properly and in the
spirit of the EU Directive on Public Access to Environmental
Information (Council Directive 2003/4/EC) or the Aarhus Convention
(on which the European Directive on access to environmental
information and ultimately the EIR were based).
I explained in my original request the EIR were introduced to allow
the general public access to environmental information for amongst
other things, to understand how public bodies work and how they
reach their decisions with a view to furthering public
understanding and stimulating debate and challenge with regard to
environmental matters.
My Appeal:
· The Council has breached regulation 5(2) in respect of not making
the information I requested available.
· The Council has breached regulation 6(1) in not making the
information available in the format I have asked for.
· The Council has breached regulation 14(1), 14(2) and 14(3) for
failing to issue a proper refusal notice under the EIR.
· The Council has handled my request under the wrong access regime.
The information I have requested falls within the definition of
‘environmental information’ as defined in regulation 2 of the EIR
in particular regulations 2(1)(c) and 2(1)(d).
· Additionally, you are correct in stating that the Freedom of
Information Act provides a right of access to information rather
than copies of documents, however, as mentioned above you have
applied the wrong legislation. Having said this, the Environmental
Information Regulations also provides a right of access to
information rather than copies of documents. However, a request for
a copy of a document is a valid request for all of the information
contained within that document. In considering whether you have
fulfilled your obligations under the EIR you must consider whether
all of the information recorded in the document has been provided.
It will not be sufficient to rephrase the document or provide an
outline or summary or samples of text of its contents unless this
is what has been asked for.
Note also that information caught within the scope of EIR
(regulation 3(2) ) is in the authority’s possession or produced or
received by the public authority; or is held by another person on
behalf of the authority. As such, all environmental information in
the possession of a public authority would be covered by this
legislation regardless of the reasons for its possession.
In my request I explained that the exact phrasing from Redditch
Borough Council’s Revised Preferred Draft Core Strategy was that
“exceptional circumstances existed to remove land from the Green
Belt to form part of the strategic site for development within the
Brockhill East area” and I asked to see copies of:
a) Minutes of meetings that discussed the matter.
b) Reports on the issue.
c) Communications sent by either Council officers, or Councillors
or third parties on the matter. This will include not only paper
correspondence but also electronic email also.
From this you can glean that I am interested in learning how the
decision about exceptional circumstances was reached (and it must
have been reached for the statement to end up in the Revised
Preferred Draft Core Strategy) but I do not want Redditch Council
to determine for me what information they choose to disclose in
order for me to learn this because by providing a few selected
quotes and samples of text from various sources (which out of
context are meaningless) this is exactly what you have done.
For the avoidance of doubt, whether you believe that the
information I am seeking will or will not further my understanding
of the matter I still reserve the right to ask for and receive the
information and would remind you that regulation 12(2) of the EIR
requires public authorities to apply a presumption in favour of
disclosure. I therefore reiterate that I would like to see copies
of all the information contained in
a) Minutes of meetings that discussed the matter.
b) Reports on the issue.
c) Communications sent by either Council officers, or Councillors
or third parties on the matter. This will include not only paper
correspondence but also electronic email also.
I would appreciate it if in your acknowledgement to this appeal you
would let me know the Council’s deadline for responding to my
appeal and reserve the right to escalate the matter to the
Information Commissioner if I do not believe that Redditch Council
have fulfilled their obligations under the EIR or are being
deliberately obstructive.
A full history of my request and all correspondence is available on
the Internet at this address:
http://www.whatdotheyknow.com/request/br...
Yours faithfully,
NMLee
From: Charlotte Shepard
Redditch Borough Council
7 March 2011
Dear Mr Lee,
Thank you for your recent email requesting an internal review. This will
be conducted by two members of staff who were not involved in the original
case. We aim to conduct this review and get the results back to you by the
1^st April.
Kind regards,
Charlotte Shepard, Information Officer
Business Transformation
Bromsgrove District & Redditch Borough Councils
Bromsgrove District Council Redditch Borough
Council
The Council House Town Hall
Burcot Lane Walter
Stranz Square
Bromsgrove Redditch
Worcestershire
Worcestershire
B60 1AA B98 8AH
Tel: 01527 64252 ext 3258
Web: [1]www.bromsgrove.gov.uk Web:
[2]www.redditch.whub.org.uk
Email: [3][email address]
show quoted sections
References
Visible links
1. http://www.bromsgrove.gov.uk/
http://www.bromsgrove.gov.uk/
2. http://www.redditch.whub.org.uk/
http://www.redditch.whub.org.uk/
3. mailto:[email address]
From: Charlotte Shepard
Redditch Borough Council
1 April 2011
Our Reference: 248
Dear Mr Lee
An internal review has been conducted on the response to your recent
Freedom of Information request. Below is the internal review findings on
your points raised.
Appeal Point 1. · The Council has breached regulation 5(2) in respect
of not making the information I requested available.
Response Point 1. Under regulation 5(2) of the Environmental Information
Regulations ‘The Council should communicate that information to the
applicant as soon as possible, and no later than 20 working days after
receipt of the request.’. After reviewing the timescales involved in
the request being made and the date of the response, this was done within
the timescale set out by the regulations.
Appeal Point 2. · The Council has breached regulation 6(1) in not
making the information available in the format I have asked for.
Response Point 2. This internal review cannot see evidence of a preferred
format in the original request, in these circumstances the council aims to
respond to the request in the same format that the request was made. In
this case we sent the response as an email. If you would like to receive
information in a different format please let the team know and they will
do all they can to comply with your request.
Appeal Point 3. · The Council has breached regulation 14(1), 14(2) and
14(3) for failing to issue a proper refusal notice under the EIR.
Response Point 3. The council has not refused access to information in
this case so a refusal notice has not been issued.
Appeal Point 4. · The Council has handled my request under the wrong
access regime. The information I have requested falls within the
definition of
‘environmental information’ as defined in regulation 2 of the
EIR
in particular regulations 2(1)(c) and 2(1)(d).
Response point 4. This internal review agrees that the request should have
been dealt with under Environmental Information Regulations rather than
Freedom of Information. A note will be added to the file. This internal
review has been conducted considering all points under EIR.
Appeal Point 5 · Additionally, you are correct in stating that the
Freedom of
Information Act provides a right of access to information rather
than copies of documents, however, as mentioned above you have
applied the wrong legislation. Having said this, the Environmental
Information Regulations also provides a ri.ght of access to
information rather than copies of documents. However, a request for
a copy of a document is a valid request for all of the information
contained within that document. In considering whether you have
fulfilled your obligations under the EIR you must consider whether
all of the information recorded in the document has been provided.
It will not be sufficient to rephrase the document or provide an
outline or summary or samples of text of its contents unless this
is what has been asked for.
Note also that information caught within the scope of EIR
(regulation 3(2) ) is in the authority’s possession or produced or
received by the public authority; or is held by another person on
behalf of the authority. As such, all environmental information in
the possession of a public authority would be covered by this
legislation regardless of the reasons for its possession.
In my request I explained that the exact phrasing from Redditch
Borough Council’s Revised Preferred Draft Core Strategy was that
“exceptional circumstances existed to remove land from the Green
Belt to form part of the strategic site for development within the
Brockhill East area� and I asked to see copies of:
a) Minutes of meetings that discussed the matter.
b) Reports on the issue.
c) Communications sent by either Council officers, or Councillors
or third parties on the matter. This will include not only paper
correspondence but also electronic email also.
From this you can glean that I am interested in learning how the
decision about exceptional circumstances was reached (and it must
have been reached for the statement to end up in the Revised
Preferred Draft Core Strategy) but I do not want Redditch Council
to determine for me what information they choose to disclose in
order for me to learn this because by providing a few selected
quotes and samples of text from various sources (which out of
context are meaningless) this is exactly what you have done.
For the avoidance of doubt, whether you believe that the
information I am seeking will or will not further my understanding
of the matter I still reserve the right to ask for and receive the
information and would remind you that regulation 12(2) of the EIR
requires public authorities to apply a presumption in favour of
disclosure. I therefore reiterate that I would like to see copies
of all the information contained in
a) Minutes of meetings that discussed the matter.
b) Reports on the issue.
c) Communications sent by either Council officers, or Councillors
or third parties on the matter. This will include not only paper
correspondence but also electronic email also.
I would appreciate it if in your acknowledgement to this appeal you
would let me know the Council’s deadline for responding to my
appeal and reserve the right to escalate the matter to the
Information Commissioner if I do not believe that Redditch Council
have fulfilled their obligations under the EIR or are being
deliberately obstructive.
Response Point 5 – This internal review has found that although it was
believed that the request had been answered in the first instance, we do
take your point that you were not necessarily asking for the resulting
decision and justification, more the process and information involved in
making that decision. To that end we are releasing the following
information including reports, meeting notes, presentations and some
communications which can be found on the councils disclosure log via the
following link
[1]http://redditch.whub.org.uk/cms/about-yo...
I hope this resolves your enquiry and that you are satisfied with the
response. If there is anything else we can help you with please do not
hesitate to contact us.
If you are dissatisfied with the way your request has been handled, you
now have the right to complain to the Information Commissioner. You can
contact the Information Commissioner at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone 01625 545 700
www.ico.gov.uk/
Kind Regards
Charlotte Shepard, Information Officer
Business Transformation
Bromsgrove District & Redditch Borough Councils
Bromsgrove District Council Redditch Borough
Council
The Council House Town Hall
Burcot Lane Walter
Stranz Square
Bromsgrove Redditch
Worcestershire
Worcestershire
B60 1AA B98 8AH
Tel: 01527 64252 ext 3258
Web: [2]www.bromsgrove.gov.uk Web:
[3]www.redditch.whub.org.uk
Email: [4][email address].uk
show quoted sections
References
Visible links
1. http://redditch.whub.org.uk/cms/about-yo...
2. http://www.bromsgrove.gov.uk/
http://www.bromsgrove.gov.uk/
3. http://www.redditch.whub.org.uk/
http://www.redditch.whub.org.uk/
4. mailto:[email address]
From: NMLee
7 April 2011
Dear Redditch Borough Council
Thank you for your response. I wish to outline below how I disagree
with your findings.
Firstly, you had provided me with some information within 20 days,
however it was not what was asked for. By nature that Redditch BC
did not communicate the requested information and within 20 working
days; I therefore believe that Redditch BC have breached regulation
5(2).
Secondly, you have stated that you could not see evidence of a
preferred format in the original request; I wish to refer you to my
original request to what was asked for:-
“a) Copies of minutes of meetings that discussed the matter.
b) Reports on the issue.
c) Communications sent by either Council officers, or Councillors
or third parties on the matter. This will include not only paper
correspondence but also electronic email also.”
I believe that Redditch BC have failed to supply me with the
information that I have asked for (minutes, reports etc)
electronically, I believe that there has been a breach in EIR
regulation 6 (1)
Thirdly, as I have not been provided with
a) Copies of minutes of meetings that discussed the matter.
b) Reports on the issue.
c) Communications sent by either Council officers, or Councillors
or third parties on the matter. This will include not only paper
correspondence but also electronic email also.
I have not been supplied with the information sought and Redditch
BC have failed to explain why; therefore Redditch BC have not
exercised their duties to issue a formal refusal notice.
However, before deciding whether to escalate matters to the
Information Commissioners Office I would like to ask for further
clarification about your response to me. You state that “to that
end we are releasing the following information including reports,
meeting notes, presentations and some communications”. This
response does suggest that you have been selective about what
information has been supplied and doesn’t fill me with confidence
that I have been provided with all the information I asked for only
part of it (e.g. you quote “some communications”)
Of course I may be wrong and so for the avoidance of doubt can
Redditch Borough Council confirm that by pointing me towards the
information contained at
http://redditch.whub.org.uk/cms/about-yo...
that they have provided me with all of the information I have asked
and that no information falling within the scope of what I have
asked for exists and has been deliberately withheld.
What I am therefore looking for is a statement from Redditch
Council assuring me that I have been provided with ALL the minutes
that discussed the matter and I have been provided with ALL the
reports and ALL of the communications sent by either Council
officers, or Councillors or third parties that I asked for.
Yours sincerely,
NMLee (MRS)
From: Charlotte Shepard
Redditch Borough Council
7 April 2011
I am currently out of the office. If you require an urgent response please
contact Karen Jones on ext 3418 [email address] or Julie
Smout on ext 7612 [email address] - this email is NOT auto
forwarded.
If your email involves a request for information under legislation
governing Freedom of Information, Environmental Information or Data
Protection, please re-direct to [Redditch Borough Council request email] for requests
relating to Redditch or [email address] for requests relating to
Bromsgrove
Otherwise your email will be dealt with upon my return. My normal working
hours are Mon-Fri 9am - 2pm.
show quoted sections
From: Charlotte Shepard
Redditch Borough Council
8 April 2011
Dear Mr Lee,
I am sincerely sorry that you feel your request has not been handled correctly and I do take your comments on board. As an Information Management team we regularly review cases and the way we have handled them so we can improve our responses in the future.
Again I apologise that you do not feel confident that we have given you access to all the information that you have requested. I believe this is my fault in the wording I used, by saying 'some communications' I simply meant that there was not many emails contained in the response. As a council we do not keep all emails and as such I do believe that there may have been other emails sent over time relating to this matter that we no longer hold.
I can assure you that I have spoken directly with our Development Plans team to ensure that they have passed on all the information relating to you request and then I have personally uploaded this onto the councils disclosure log to which I sent you a link.
I hope that this reassures you that you have received all the information that you have requested. If you do have anymore questions or concerns please let me know, or feel free to call the office and I would be happy to discuss the matter further.
Kind regards,
Charlotte
Charlotte Shepard, Information Officer
Business Transformation
Bromsgrove District & Redditch Borough Councils
Bromsgrove District Council Redditch Borough Council
The Council House Town Hall
Burcot Lane Walter Stranz Square
Bromsgrove Redditch
Worcestershire Worcestershire
B60 1AA B98 8AH
Tel: 01527 64252 ext 3258
Web: www.bromsgrove.gov.uk Web: www.redditch.whub.org.uk
Email: [email address]
show quoted sections
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence