Compensation claims submitted under the ACV legislation

Josh Forrest made this Rhyddid Gwybodaeth request to Northumberland County Council as part of a batch sent to 237 authorities

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn llwyddiannus.

Dear Northumberland County Council,

Under the Freedom of Information Act, please provide me with a copy of the following:

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Under the Localism Act 2011, the council is required to maintain a list of Assets of Community Value which have been successfully and unsuccessfully nominated since the act came into force in September 2012.

For all Asset of Community Value (Community Right to Bid) nominations the council has received since 2012 I request the following information:

For each property where a compensation claim has been filed against the council as is the owners right under The Localism Act 2011, Part 5, Chapter 3, Section 99. I request a copy of all documents associated with that claim (initial claim documents & if applicable internal review & first tier tribunal documents) including but not limited to the following points :

*The result of the compensation claim
*A copy of all documents submitted with the claim by the owner
*A copy of any additional documents the council considered in deciding the claim
*A copy of the council's decision letter to the property owner
*If the owner requested an internal review of the compensation claim - A copy of all associated documents
*If the owner requested an independent review to the first tier tribunal - A copy of all associated documents

Please note I am aware that my response from the council may contain redacted information (where redaction time is not included in FOI request time calculation).

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I understand that under the Act I am entitled to a response within 20 working days of your receipt of this request.

If my request is denied in whole or in part, I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect you to release all non-exempt material. I reserve the right to appeal your decision to withhold any information or to charge excessive fees.

I would prefer to receive the information electronically.

If you require any clarification, I expect you to contact me to provide advice and assistance if you find any aspect of this FOI request problematic.

Please acknowledge receipt of this request, and I look forward to receiving the information in the near future.

Yours faithfully,

Josh Forrest

Northumberland County Council

1 Atodiad

Our Ref: 7703  

Dear Enquirer,

INFORMATION REQUEST

Thank you for your request for information which will be dealt with under
the terms of the Freedom of Information Act 2000 / Environmental
Information Regulations 2004

In some circumstances a fee may be payable and if that is the case, we
will let you know the likely charges before proceeding

If you have any queries about this matter please contact us Please
remember to quote the reference number above in any future communications

Please note, that due to the recent outbreak of Covid-19, there may be a
delay in responding to your request We appreciate your patience at this
busy period

Kind regards

Information Governance Office
Northumberland County Council
County Hall
Morpeth
Northumberland
NE61 2EF

Tel: 0345 600 6400
Email: FOI@northumberlandgovuk
Web: http://wwwnorthumberlandgovuk

Northumberland County Council

1 Atodiad

Our Ref: 7703   

Dear Enquirer,

FREEDOM OF INFORMATION ACT REQUEST

I refer to your Freedom of Information request received Friday 15 May
2020.

Right of Access

Section 1(1) of the Act provides any person making a request for
information to a public authority is entitled.

(a) to be informed in writing by the public authority whether it holds
information of the description specified in the request (which Section
1(6) of the Act designates as the "duty to confirm or deny"), and

(b) if that is the case, to have that information communicated to him.

The right is to obtain access to the information itself and not to the
document or record which contains it.

The Act creates a general right of access to information held by public
authorities subject to various exemptions.
 
Request:
Under the Localism Act 2011, the council is required to maintain a list of
Assets of Community Value which have been successfully and unsuccessfully
nominated since the act came into force in September 2012.  For all Asset
of Community Value (Community Right to Bid) nominations the council has
received since 2012 I request the following information:

Q.1 For each property where a compensation claim has been filed against
the council as is the owners right under The Localism Act 2011, Part 5,
Chapter 3, Section 99. I request a copy of all documents associated with
that claim (initial claim documents & if applicable internal review &
first tier tribunal documents) including but not limited to the following
points :

Q.1a The result of the compensation claim
Q.1b A copy of all documents submitted with the claim by the owner
Q.1c A copy of any additional documents the council considered in deciding
the claim
Q.1d A copy of the council's decision letter to the property owner
Q.1e If the owner requested an internal review of the compensation claim -
A copy of all associated documents
Q.1f If the owner requested an independent review to the first tier
tribunal - A copy of all associated documents  
Response:
Northumberland County Council has never received any compensation claims
for any properties under the Asset of Community Value (Community Right to
Bid) nomination scheme.
Complaints

If you are unhappy with the way your request for information has been
handled, you can request an internal review by writing within 2 months
from the date of this response to the Information Governance Office:

Information Governance Office
Northumberland County Council
County Hall
Morpeth
NE61 2EF

Email: [Northumberland County Council request email]

Information Commissioner

If you remain dissatisfied with the handling of your request, you have a
right by Section 50 of the Act to apply to the Information Commissioner
for a decision as to whether your request has been dealt with in
accordance with the requirements of the Act at:

The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Tel: 0303 123 1113
Email: [email address]

There is no charge for making an appeal.

Yours faithfully

FOI Coordinator - Planning Services
Information Governance Office
Northumberland County Council
County Hall
Morpeth
Northumberland
NE61 2EF

Tel: 0345 600 6400
Email: [Northumberland County Council request email]
Web: http://www.northumberland.gov.uk