Planning Applications featuring Change of Use from A1

Matt White made this Freedom of Information request to Castle Point Borough Council

The request was refused by Castle Point Borough Council.

From: Matt White

29 July 2009

Dear Sir or Madam,

I believe you are an authority with planning responsibilities
(according to
http://www.theplanningdirectory.co.uk/au...), apologies
if this is not the case.

Can you please let me know the following relating to planning
applications featuring a change of use from A1 (shop), under the
Town and Country Planning (Use Classes) Order 1987.

In the last 5 years:

1) How many planning applications have you received featuring a
change of use from A1?

2) Of those applications in 1, how many of these were
retrospective?

3) How many planning applications have you received from Starbucks
(or their representatives) featuring a change of use from A1?

4) Of those applications in 3, how many of these were
retrospective?

Yours faithfully,

Matt White

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From: Auto Reply
Castle Point Borough Council

29 July 2009

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From: Auto Reply
Castle Point Borough Council

29 July 2009

This is an automated response to thank you for your email which has just
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From: Caroline Barker
Castle Point Borough Council

4 August 2009


Attachment Mr White.doc
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Dear Mr White,

Please see attached our acknowledgement letter.

Thank you.

Caroline Barker

Monitoring Officer Assistant/Paralegal

Legal Services Castle Point Borough Council

Telephone No: 01268 882434

Fax No. 01268 882453

e-mail: [1][email address]

Website: [2]www.castlepoint.gov.uk

Please consider the environment before printing this e-mail

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From: Emma Holmes
Castle Point Borough Council

10 August 2009


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Dear Mr White,

Please see the Council's response to your FOI request attached

Regards

Emma Holmes (Mrs)

Legal Officer

Legal Services Castle Point Borough Council

Tel 01268 882430

Fax 01268 882453

Email [1][email address]

Web Site: [2]www.castlepoint.gov.uk

This email may contain information which is confidential. It is for the
exclusive use of the intended recipient(s) and therefore should not be
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error, please use the reply function to tell us immediately and then
permanently delete it and destroy any copies of it.

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From: Matt White

11 August 2009

Dear Emma,

Before we move down the routes of formal reviews and the like, can
I ask you to look at this again? I don't feel the site qualifies as
reasonably accessible for this particular information. There is no
facility to filter by date, type of planning application, or to
search for a wildcard in the planning description.

The MoJ's guidance states that one of the questions surrounding
whether information falls under a Section 21 exemption is "is it
catalogued and indexed?" Given the points I've listed above, I'd
ask if you could pull an extract from the data behind the site for
Change Of Use in the last five years, and include the address,
applicant and proposal description.

Yours sincerely,

Matt White

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From: Emma Holmes
Castle Point Borough Council

11 August 2009

I am currently out of the Office I will be back in the office on Wednesday 12th August 2009
If your enquiry is urgent please contact the legal team on 01268 882430.

Regards
Emma Holmes

This email may contain information which is confidential. It is for the exclusive use of the intended recipient(s) and therefore should not be re-transmitted or disclosed to a third party without the express permission of the original author.

If you are not the intended recipient(s) please do not read, print, re-transmit, disclose, copy, distribute, store, amend, alter or act in reliance on it or any attachments. If you have received this email in error, please use the reply function to tell us immediately and then permanently delete it and destroy any copies of it.

Amending, altering or otherwise interfering with the content of e-mail messages may result in a breach of the Data Protection Act and/or Regulation of Investigatory Powers Act for which criminal sanctions may apply.

Please note: Incoming and outgoing e-mail messages are routinely monitored for compliance with our policies on Information Security and communications.

We have taken steps to ensure that this e-mail and documents are free from any virus infection, but we advise the recipient to ensure they are actually virus free in keeping with good computing practice.

Link to this

From: Auto Reply
Castle Point Borough Council

11 August 2009

This is an automated response to thank you for your email which has just
been received by Emma Holmes.

We aim to respond fully to all emails from the public as soon as possible,
where they are seeking a response. However, please note that if your
enquiry is particularly complicated or requires substantial investigation
then it may take up to 10 working days to provide you with a full and
accurate response.

If you have access to the Internet you may wish to see if your enquiry can
be dealt with online at [1]www.castlepoint.gov.uk . The Council's website
enables many forms to be completed and payments to be made online as well
as providing comprehensive information.

Please do not reply to this automated response.

This email may contain information which is confidential. It is for the
exclusive use of the intended recipient(s) and therefore should not be
re-transmitted or disclosed to a third party without the express
permission of the original author.

If you are not the intended recipient(s) please do not read, print,
re-transmit, disclose, copy, distribute, store, amend, alter or act in
reliance on it or any attachments. If you have received this email in
error, please use the reply function to tell us immediately and then
permanently delete it and destroy any copies of it.

Amending, altering or otherwise interfering with the content of e-mail
messages may result in a breach of the Data Protection Act and/or
Regulation of Investigatory Powers Act for which criminal sanctions may
apply.

Please note: Incoming and outgoing e-mail messages are routinely monitored
for compliance with our policies on Information Security and
communications.

We have taken steps to ensure that this e-mail and documents are free from
any virus infection, but we advise the recipient to ensure they are
actually virus free in keeping with good computing practice.

This message has been scanned for viruses.

References

Visible links
1. http://www.castlepoint.gov.uk/

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From: Emma Holmes
Castle Point Borough Council

12 August 2009

Dear Mr White,

I have spoken to our planning department. Unfortunately our computer system does not allow us to extract the data you require. As this is not information the Council requires the system has been designed to search via reference number and ward. Our staff can search via address but this will be of no assistance to you.

The Town and Country Planning (general development procedure ) Order 1985 states that the Council must hold public registers. The part 2 list is a public document but which is currently only available to view at the council offices this will list all applications made and notes can be taken from this.

Unfortunately if the Council where to manually review every file to obtain the information you have requested for every application for the last 5 years this would exceed the cost threshold limit and the Council would refuse your application on this ground.

I would therefore state that the Council relies on section 21 of the Freedom of Informaiton Act in that the information is available. In the alternative the Council relies on section 12 of the Act that the cost of complying with the exemption would exceed the cost threshold.

The Council considers that the above response fully complies with the requirements placed on the Council under the Freedom of Information Act (FOIA) 2000 but a person making a request for information under the FOIA 2000 may complain to the Review Officer if they are dissatisfied with the Council’s response. Details regarding the complaints procedure may be obtained from the Monitoring Officer at the Council Offices in Benfleet.

Yours sincerely

Emma Holmes (Mrs)
Legal Officer
Legal Services Castle Point Borough Council
Tel 01268 882430
Fax 01268 882453
Email [email address]
Web Site: www.castlepoint.gov.uk

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