Details of Empty Commercial Properties

Thank-you for your email.
I am out of the office until Monday 11th May 2009. I will deal with your email on my return. If your query is urgent, please contact Mair Hill at [email address] or 01200 413126.
Many thanks. Best regards, Debbie

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Dear Ms Davis,

Thank-you for your request. We have two questions to clarify this
please:
1. Do you have a specific "empty-as-at" date in mind or shall we
just provide you with a list of properties that are empty as at the date
we respond?
2. We can only provide owners' names where the owner is a company.
I trust that this will be ok. We will explain more about why this is
the case when we respond.
I look forward to hearing from you,
Bests
Debbie Nuttall

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Thank-you Natalie. I will respond in full to your request in due
course.
Best regards
Debbie

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Dear Ms Davis,
Thank-you for your request for information on empty commercial
properties. It was received by Ribble Valley Borough Council ("the
Council") on 8 May 2009, and has been dealt with under the terms of the
Freedom of Information Act 2000 ("the Act").
You requested:
(a) addresses and rateable values of empty Commercial properties
that are within the Council's area; and
(b) the names of the owners of those properties referred to in (a).
Information on living persons (i.e. personal names and addresses)
constitutes personal data (in respect of which you are not the data
subject). The disclosure of this information would, in my view,
contravene the data protection principles. This information would
therefore be exempt under section 40(2) of the Act.
In addition, section 30(1)(a) of the Act provides that information shall
be exempt if its disclosure would, or would be likely to, prejudice the
prevention or detection of crime. I believe that this exemption would
be engaged in the instant case, in that publication of a list of empty
commercial properties would be likely to lead to criminal targeting of
such properties.
The Information Tribunal considered the issue of the provision of lists
of empty properties under the Act in England and the London Borough of
Bexley and the Information Commissioner (EA/2006/0060 & 0066).
The Tribunal confirmed that (in that case) disclosure of a list of empty
properties would be likely to prejudice the prevention of crime, but
considered that the public interest analysis in relation to that
exemption would, in the case of properties that were owned by those
other than individuals, be in favour of disclosure. In respect of those
properties owned by individuals, the Tribunal found that the public
interest favoured withholding the information. I would agree with this
analysis in the current case.
The Tribunal also agreed that the exemption in section 40(2) was engaged
in respect of any properties owned by individuals.
We have therefore not provided details of any property where the liable
party is an individual.
Section 21 of the Act provides that information which is reasonably
accessible to the applicant otherwise than under section 1 is exempt
information.
The exemption in section 21 of the Act would therefore apply in respect
of the rateable values as these are available at www.voa.gov.uk.
Following my further enquiries, you confirmed that:
* The properties that are empty as at the date of our response
would be sufficient; and
* The details of company names only was acceptable.
I attach a spreadsheet with the information that we are able to disclose
(as at 12.5.09).
If you have any queries about this email please feel free to contact me
at the above email address or by telephone on 01200 414403.
If you are unhappy with the service you have received in relation to
your request and wish to make a complaint or request a review of our
decision, you should write to Diane Rice, Legal Services Manager, Ribble
Valley Borough Council, Council Offices, Church Walk, Clitheroe,
Lancashire, BB7 2RA.
If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision. Generally, the
Information Commissioner's Office cannot make a decision unless you have
exhausted the complaints procedure provided by Ribble Valley Borough
Council. The Information Commissioner can be contacted at: The
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.
Yours sincerely,
Debbie Nuttall
SOLICITOR

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