List of commercial properties not receiving small business rate relief

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

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Dear Mr Woodley

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

Please find attached acknowledgement.

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.

Link: [1]File-List

Dear Mr Woodley,

I am writing in response to your request for information under the terms
of the Freedom of Information Act 2000, Ref No FOI/10/003.

In relation to your request for a list of

a) addresses and rateable values of Commercial properties that are
within your Chorley up to a rateable value of £12,000 who are eligible
for, but not currently receiving small business rate relief; and

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

it is my view that, where the owners of such businesses are private
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.
Individuals also have a legitimate interest in retaining privacy in
relation to their personal business. This interest is outweighed by any
interest of yours or any other person and for that reason your request is
refused in relation to individual's information.

In respect of the above, please find attached a spreadsheet containing the
addresses of commercial properties with a rateable value up to £12000 who
are eligible for, but not currently receiving small business rate relief,
and that are owned by a company. Where known, the name of the company who
owns the property has been included.

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:
[2][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 [3][email address].

Please note that the information provided by Chorley Borough Council is
intended for your personal use. If it is your intention to re-use the
information for commercial gain, you will need to apply to the Council for
a licence to re-use it, under the Re-Use of Public Sector Information
Regulations 2005.

Yours sincerely

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.

References

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mailto:[email address]