Dear Sir or Madam

Please can you provide me with the following information under the
Freedom Of Information Act 2000:-

(a) addresses and rateable values of empty Commercial properties
that are within Chorley Borough Council area; and

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

Yours faithfully

Natalie Davis

Dear Ms Davis,

Thank you for your Freedom of Information request. Please quote the above
reference number in all future correspondence.

Please find attached acknowledgement.

Yours sincerely

Paul Sudworth

Information Manager

Chorley Council

01257 515151

Beacon Council 2009-10 Better Outcomes for People & Places
The Beacon of Beacons

This e-mail and any attached files are confidential and may also be
legally privileged. They are intended solely for the intended addressee.
If they have come to you in error you must not use, copy or communicate
them to anyone. Please advise the sender and permanently delete the e-mail
and attachments.

Please note that while Chorley Council has policies in place requiring its
staff to use e-mail in an appropriate manner, any views expressed in this
message are those of the individual sender and may not necessarily reflect
the views of Chorley Council.

Chorley Council may monitor e-mails sent or received.

This e-mail and any attached files are confidential and may also be
legally privileged. They are intended solely for the intended addressee.
If they have come to you in error you must not use, copy or communicate
them to anyone. Please advise the sender and permanently delete the e-mail
and attachments.

Please note that while Chorley Council has policies in place requiring its
staff to use e-mail in an appropriate manner, any views expressed in this
message are those of the individual sender and may not necessarily reflect
the views of Chorley Council.

Chorley Council may monitor e-mails sent or received.

Dear Ms Davis

I am writing in response to your request for information under the terms
of the Freedom of Information Act 2000, Ref No FOI/09/008.

In relation to your request for a list of empty properties and owners it
is my view that, where the owners of such properties are individuals, this
information is personal information and that releasing it could breach the
Data Protection Principles. It is therefore potentially exempt from
release under section 40 (2) of the Freedom of Information Act. This is an
absolute exemption.

The first data protection principle requires information to be processed
fairly and lawfully. The Council believe that it would not be fair to
disclose this information. It is gathered under statutory powers and tax
payers are not advised that it will be made available to third parties. If
they were then they may choose not to advise the Council of a property
being vacant. For that reason your request for information is refused
insofar as it relates to properties owned by individuals.

The first data protection principle also requires at least one of the
conditions in schedule 2 to the Data Protection Act to be met before
information is processed. The Council has considered the schedule 2
conditions and believes that the only potentially relevant condition is
condition 6. This allows for the processing of personal data where:

"The processing is necessary for the purposes of legitimate interests
pursued by the Data Controller or by the third party or parties to whom
the data are disclosed, except where the processing is unwarranted in any
particular case by reason of prejudice to the rights and freedoms or
legitimate interests of the data subject."

It is the Council's view that the interests of the property owners would
be significantly prejudiced if the information were to be released. There
is an enhanced risk of crime where properties are known to be empty.
Individuals have a legitimate interest not to become the victim of crime
or to have their own fear of crime enhanced. Individuals also have a
legitimate interest in retaining privacy in relation to their personal
business. None of these interests is outweighed by any interest of yours
or any other person and for that reason also your request is refused in
relation to individual's information.

In considering your application the Council has also considered the
application of section 31(1)(a) of the Freedom of Information Act 2000.
This section allows public authorities to refuse to release information
where doing so would prejudice the prevention of crime.

The Council believe that if the list of empty properties were to be placed
in the public domain there would be a substantial risk of increasing crime
and that the section 31(1)(a) exemption is therefore engaged.

This is a qualified exemption under the Freedom of Information Act 2000.
The Council has therefore balanced the public interest in disclosing the
information against the public interest in maintaining the exemption.
There is a clear public interest in preventing crime. There is though also
a public interest in ensuring that empty properties are brought back into
use and in the public being able to evaluate the local authority's efforts
in that regard. The impact of crime on individuals is clearly greater than
the impact on organisations and for that reason there is a greater public
interest in maintaining this exemption where the owners are individuals.
The Council considers that, in the case of properties owned by
individuals, the balance is clearly against disclosure. Where the property
owners are not individuals though the balance is less clear cut but,
having considered the matter carefully and reviewed relevant decisions
from the Information Tribunal, the Council is prepared to release that
part of the information to you.

I therefore attach a list of empty residential properties that are not
owned by individuals together with details of the owners.

I hope the information provided here answers your enquiry. If however,
you are unhappy with the outcome, or the way in which Chorley Council has
handled your request, you may wish to make an appeal. This can be done in
writing to the Freedom of Information Officer, Chorley Council, Civic
Offices, Union Street, Chorley, PR7 1AL, or by e-mail to:
[1][email address] clearly stating your reasons for dissatisfaction.
Please quote the above reference number in all correspondence.

If your appeal is either not upheld or you remain dissatisfied with our
decision, you can appeal to the Information Commissioner at: Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF, or by e-mail to [2][email address].

Paul Sudworth
Information Manager
Chorley Council
DD: 01257 515151

Beacon Council 2009-10 Better Outcomes for People & Places
The Beacon of Beacons

This e-mail and any attached files are confidential and may also be
legally privileged. They are intended solely for the intended addressee.
If they have come to you in error you must not use, copy or communicate
them to anyone. Please advise the sender and permanently delete the e-mail
and attachments.

Please note that while Chorley Council has policies in place requiring its
staff to use e-mail in an appropriate manner, any views expressed in this
message are those of the individual sender and may not necessarily reflect
the views of Chorley Council.

Chorley Council may monitor e-mails sent or received.

This e-mail and any attached files are confidential and may also be
legally privileged. They are intended solely for the intended addressee.
If they have come to you in error you must not use, copy or communicate
them to anyone. Please advise the sender and permanently delete the e-mail
and attachments.

Please note that while Chorley Council has policies in place requiring its
staff to use e-mail in an appropriate manner, any views expressed in this
message are those of the individual sender and may not necessarily reflect
the views of Chorley Council.

Chorley Council may monitor e-mails sent or received.

References

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