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Monitoring Officer Reports
Henry Hardwick made this Freedom of Information request to Carmarthenshire Council
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From: Henry Hardwick
3 June 2009
Dear Sir or Madam,
Please provide the following:
1) list of all modifications and changes to any planning consents
awarded by the Council following appeal to the Secretary of State
since the current head of planning was appointed.
2) details of all local settlements agreed by Carmathenshire
Council involving the planning department with the Ombudsman since
the current head of planning was appointed.
3) details of all findings of maladministration and/or
maladministration and injustice involving the Carmathenshire
Council since the current head of planning was appointed.
4) details of all local land charges that the registrar of local
land charges has refused to register since the current head of
planning was appointed.
5) copies of all monitoring officer reports that relate to the
current head of planning of Carmathanshire Council since the Head
of Planning was appointed to this position.
Yours faithfully,
Henry Hardwick
From: FOIA
Carmarthenshire Council
10 June 2009
Dear Mr Hardwick,
Thank you for your request for information, which was received on 3rd
June, 2009 and is being dealt with under the Freedom of Information Act
2000. We are therefore required to provide you with a response within
20 working days, which will be on or before 1st July, 2009.
If we require any clarification or further details, we will contact you
as soon as possible.
In the meantime, if you have any queries, please do not hesitate to
contact me, remembering to quote the reference number above in any
communications.
Yours sincerely
John Tillman
Swyddog Gwybodaeth a Diogelu Data
Adran y Prif Weithredwr
Cyngor Sir Gaerfyrddin
Information & Data Protection Officer
Chief Executive's Department
Carmarthenshire County Council
Tel: (01267) 246108
Mewnol/Internal: 6108
Ffacs/Fax: (01267) 246134
show quoted sections
From: FOIA
Carmarthenshire Council
22 June 2009
Dear Mr Hardwick,
I refer to your request for information which was received on 3rd June,
2009.
The specific information you requested was as follows:
1. A list of all modifications and changes to any planning consents
awarded by the Council following appeal to the Secretary of State since
the current Head of Planning was appointed.
2. Details of all local settlements agreed by Carmarthenshire County
Council involving the planning department with the Ombudsman since the
current Head of Planning was appointed.
3. Details of all findings of maladministration and/or maladministration
and injustice involving the Carmarthenshire County Council since the
current Head of Planning was appointed.
4. Details of all local land charges that the registrar of local land
charges has refused to register since the current Head of Planning was
appointed.
5. Copies of all monitoring officer reports that relate to the current
head of planning of Carmarthenshire Council since the Head of Planning was
appointed to this position.
Having carefully considered your request, it is evident that to comply
with it would entail a very large amount of work. The first part alone,
concerning planning appeals, would take a significant amount of time to
respond to.
To illustrate this point, during the period covered by your request, 718
planning appeals have been decided. To establish which of these involved
modifications and changes to planning permissions would involved manually
checking each decision. Based on an estimate of 2 minutes per appeal
decision, we have calculated that to retrieve this information would take
in excess of 24 hours. This calculation does not of course take into
account the other elements of your request, which would add considerably
to the amount of time it would take to respond.
Under Section 12 of the Act, a public authority is not obliged to comply
with a request if it considers that to do so would exceed the appropriate
limit. This limit is defined in The Freedom of Information and Data
Protection (Appropriate Limit and Fees) Regulations 2004 as £450, which
equates to 18 hours of work at the standard rate specified in the
Regulations of £25.00 per hour.
As explained above, we have estimated that responding to your request
would far exceed the above limit.
Please therefore consider this email as a formal notice of refusal under
Section 17 (5) of the Act.
If you disagree with this decision or the way in which your request has
been dealt with, you have the right to complain in the first instance to:
The Head of Administration & Law
Carmarthenshire County Council
County Hall
Carmarthen
SA31 1JP
Email: [email address]
If you remain unhappy with any subsequent decision, you have the right to
appeal to the Information Commissioner to rule on your complaint. You may
write to him at:
Information Commissioner
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
If I can be of further assistance please do not hesitate to contact me.
Yours sincerely
John Tillman
Swyddog Gwybodaeth a Diogelu Data
Adran y Prif Weithredwr
Cyngor Sir Gaerfyrddin
Information & Data Protection Officer
Chief Executive's Department
Carmarthenshire County Council
Tel: (01267) 246108
Mewnol/Internal: 6108
Ffacs/Fax: (01267) 246134
Mae*r e-bost hwn ac unrhyw atodiadau yn gyfrinachol ac wedi*u bwriadu at
ddefnydd yr unigolyn y*u cyfeiriwyd ato/ati yn unig. Os derbyniwch y neges
hon trwy gamgymeriad, rhowch wybod i*r sawl a*i hanfonodd ar unwaith,
dilëwch y neges o*ch cyfrifiadur a dinistriwch unrhyw gopïau papur
ohoni. Ni ddylech ddangos yr e-bost i unrhyw un arall, na gweithredu ar
sail y cynnwys. Eiddo*r awdur yw unrhyw farn neu safbwynt a fynegir, ac
nid ydynt o reidrwydd yn cynrychioli safbwynt y Cyngor. Dylech wirio am
firysau eich hunan cyn agor unrhyw atodiad. Nid ydym yn derbyn unrhyw
atebolrwydd am golled neu niwed a all fod wedi*i achosi gan firysau
meddalwedd neu trwy ryng-gipio*r neges hon neu ymyrryd â hi.
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the use of the individual to whom it is addressed. If received in error
please notify the sender immediately, delete the message from your
computer and destroy any hard copies. The e-mail should not be disclosed
to any other person, nor the contents acted upon. Any views or opinions
expressed are those of the author and do not necessarily represent those
of the Council. You should carry out your own virus check before opening
any attachment. We accept no liability for any loss or damage which may be
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From: Henry Hardwick
26 June 2009
Dear FOIA,
Allow me to refocus my request. I had not realized that you did not
maintain the records in electronic format, and maintained
management information that was easily accessible.
As I am unsure what management information you maintain relevant to
the request could you identify what is easily available. As the
application relates to performance metrics (based on democratic
structures) I would anticipate that some information would be
available in an easily retrievable format.
At this stage I don't see a need for an internal review and believe
that the Council has yet to meet its duties under s16 of the FOIA
and was wrong to issue a refusal notice. Consequently, could you
identify what information is easily accessible - or if there is no
monitoring of the lawfulness of the Council's decision making.
Yours sincerely,
Henry Hardwick
From: FOIA
Carmarthenshire Council
1 July 2009
Dear Mr Hardwick,
Thank you for your request for information regarding monitoring reports, which was received on 26th June, 2009 and is being dealt with under the Freedom of Information Act 2000. We are therefore required to provide you with a response within 20 working days, which will be on or before 24th July, 2009.
If we require any clarification or further details, we will contact you as soon as possible.
In the meantime, if you have any queries, please do not hesitate to contact me, remembering to quote the reference number above in any communications.
Yours sincerely
John Tillman
Swyddog Gwybodaeth a Diogelu Data
Adran y Prif Weithredwr
Cyngor Sir Gaerfyrddin
Information & Data Protection Officer
Chief Executive's Department
Carmarthenshire County Council
Tel: (01267) 246108
Mewnol/Internal: 6108
Ffacs/Fax: (01267) 246134
show quoted sections
From: FOIA
Carmarthenshire Council
2 July 2009
Dear Mr Hardwicke,
I refer to your request for information received on 26th June, 2009.
In order for us to proceed and to avoide any misinterpretation, we would be most grateful if you could confirm whether your request is now only concerned with monitoring officer reports issued in relation to planning matters, and the details of those reports.
Once we have received sufficient clarification from you we will be required to respond within 20 working days.
If we do not hear from you within three months of the date of this email it will be considered that your request has been withdrawn.
If you have any queries, please do not hesitate to contact me, remembering to quote the reference number above in any communications.
Yours sincerely
John Tillman
Swyddog Gwybodaeth a Diogelu Data
Adran y Prif Weithredwr
Cyngor Sir Gaerfyrddin
Information & Data Protection Officer
Chief Executive's Department
Carmarthenshire County Council
Tel: (01267) 246108
Mewnol/Internal: 6108
Ffacs/Fax: (01267) 246134
show quoted sections
From: Henry Hardwick
9 July 2009
Dear FOIA,
As identified i don't know what information you have available.
I am merely requesting information that is easily available.
Obviously people can make up their own minds about the management
of the Council. Please identify what information within the domains
originally identified what information the Council has and what
information that the Council does have but does not use.. (i.e.
findings of secretary of state against the head of planning).
Yours sincerely,
Henry Hardwick
From: FOIA
Carmarthenshire Council
9 July 2009
Dear Mr Hardwick,
Thank you for your email.
For the sake of clarity, please confirm whether your request is, as
indicated in your email, now concerned specifically with details of any
"findings of the secretary of state against the head of planning" as
opposed to monitoring officer reports issued in relation to planning
matters.
Under Section 1 (3) (a) of the Freedom of Information Act 2000, where a
public authority "reasonably requires further information in order to
identify and locate the information requested." it does not have to
comply with the request where these details are not provided.
I would therefore be grateful if you could provide a precise response to
this email to enable me to clearly identify what information you are now
requesting.
If it would assist, please do not hesitate to contact me on the
telephone number below to discuss your request.
Yours sincerely
John Tillman
Swyddog Gwybodaeth a Diogelu Data
Adran y Prif Weithredwr
Cyngor Sir Gaerfyrddin
Information & Data Protection Officer
Chief Executive's Department
Carmarthenshire County Council
Tel: (01267) 246108
Mewnol/Internal: 6108
Ffacs/Fax: (01267) 246134
show quoted sections
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