Thank you for your request. We have to respond to Freedom of Information
Act (FOIA) requests within 20 working days and as soon as is reasonably
practicable. You will therefore hear back from us as soon as possible.

However, please note that if your request relates to the following, this
email acts as a response to your request and you will not receive further
correspondence from us.

Information relating to Norfolk County Council:

If your request relates to any of the following, you should refer your
request to Norfolk County Council
[1]https://www.norfolk.gov.uk/what-we-do-an...,
as they are responsible for these services:

* Roads and Transport – potholes, road safety
* Education and Learning - schools
* Care, support and health – adult social care, blue badges
* Children and Families – adoption
* Libraries, local history and archives
* Trading Standards

Information that is published on our website:

If your request relates to the following information, I should advise that
this information is exempt under Section 21 (1) of the Freedom of
Information Act 2000, as the information is reasonably accessible via our
website: [2]www.broadland.gov.uk/transparency

* Council Budgets - refer to our Budget Books
* Contracts - refer to the Council’s Contract Register
* Business Rates - refer to details about all Business Rate accounts
* Staff - refer to the Senior Structure Chart
* Money spent - refer to data relating to spending over £250

In accordance with the FOIA this email acts as a Refusal Notice. In terms
of the exemption, you have a right of appeal against our decision. In the
first instance this appeal must be internal, and you can email
[3][Broadland District Council request email] to request a review.

Please do not reply to this message - replies to this message are routed
to an unmonitored mailbox.

References

Visible links
1. https://www.norfolk.gov.uk/what-we-do-an...
2. https://www.broadland.gov.uk/transparency
3. mailto:[Broadland District Council request email]

Dear Kerry

I refer to your Freedom of Information request to which I am now in a
position to respond on behalf of Broadland District Council.

I attach the information which has been requested, however some
information is available on our website in respect of planning
applications with regard to communications between BDC and Salhouse parish
council, and Norfolk County Council. These can be found here:
[1]https://secure.broadland.gov.uk/Northgat...

I also advise that some of the requested information has been redacted or
withheld, in line with the exemptions set out in the Freedom of
Information Act 2000 (FOIA),outlined below.

Legal Professional Privilege (Section 42)

We have withheld communications with our legal advisors in relation to the
CPN under Section 42 (Legal Professional Privilege) of the FOIA. Legal
Professional Privilege protects the confidentiality of communications
between a lawyer and client and has been described as a set of rules or
principles which are designed to protect the confidentiality of legal or
legally related communications and exchanges between the client and their
lawyers, as well as exchanges which contain or refer to legal advice which
might be imparted to the client, and even exchanges between the clients
and third parties if such communication or exchanges come into being for
the purpose of preparing for litigation. The Council is satisfied that
such documentation falls within this description.

Section 42 is subject to the public interest test, the Council has
considered whether it is of the belief that the public interest in
withholding the information outweighs any public interest which might
exist in disclosing the documents. The Council is of the view that the
exemption does outweigh any public interest which might exist in
disclosing the documents. This is because the Council is entitled to seek
legal advice in confidence and it could materially prejudice the
Authority's interests if it were obliged to disclose privileged
communications. As a general principle, the public interest in maintaining
legal professional privilege is considered to be very strong, and we
consider there is nothing about these particular emails or the
circumstances of your request which changes that – or which suggests that
the balance in favour of disclosure outweighs it in this case.

Personal Data (Section 40)

We have withheld and redacted some information which is either the
personal data of a third party or personal data of the requester.

We consider the personal data of the requester is exempt under Section 40
(1) of the FOIA and has therefore been redacted from the attached files. I
have also withheld one email chain in its entirety as the majority of the
information is that of the requester and any data that I am able to
disclose is not logical without the withheld data. However, this chain has
been disclosed to the requester previously under the terms of a Subject
Access Request – email chain of 2 January 2018 at 14:51 to 3 January 2018
at 09:39.  The personal data of the requester can be identified by the red
redactions. However, the majority of the redacted information has been
supplied to you under the terms of a Subject Access Request, therefore I
do not consider any further action is required in the main, in relation to
the requester’s access to this data. To be clear, the Council has to
considered release of information under the FOIA to be released to the
world at large – this is particularly relevant in this instance as the
request has been made via the WhatDoTheyKnow website. Therefore, the
information has been withheld to protect your position and to ensure that
the Council meets its obligations under relevant legislation.

In terms of redacted third party data, we have removed third party data ,
including contact details,  names and information that can reveal the
identity of a third party. We have withheld two email threads in their
entirety as we are unable to disclose these with redactions without the
possibility of individuals being identified, therefore we consider the
whole thread to be third party personal data. Due to this, I am unable to
provide any further information regarding the context of these emails as
this would reveal identities of third parties. In terms of redactions,
these are marked in black on the attachments.  We consider that these
details are exempt under Section 40(2) of the FOIA as the information is
personal data as an individual could be identified from the information.
Disclosure of this personal data would contravene the first data
protection principle of the General Data Protection Regulation (GDPR),
that being Principle (a) – lawfulness, fairness and transparency. We
consider that due to the nature of the information involved and that it
could be attributed to an individual, this would constitute unfair
processing of the data. In this case we consider that these individuals
would expect for this information to remain confidential and not released
to the public. The Council is only permitted to disclose personal data if
to do so would be fair, lawful and transparent. Therefore, the
requirements of this exemption are met and we are unable to disclose this
information.

In accordance with the Freedom of Information Act 2000 this email acts as
a Refusal Notice in respect of the withheld data.  In terms of the
exemption, you have a right of appeal against our decision.  In the first
instance this appeal must be internal and we enclose a copy of our
guidance regarding how to request an internal review.  We hope that you
will not feel it necessary to invoke an appeal, but if you do we will take
every care to re-assess your request and let you have our findings.

You also requested details of legal firms engaged – these were nplaw and
Eastlaw.

Please quote BFOI 20-533 in any further correspondence concerning this
request.

Regards

Emma Goddard
Senior Governance Officer
t 01508 533943 e [2][email address]  

[3]Broadland District Council Logo [6]South Norfolk Council Logo
[4]Facebook Logo [5]Twitter Logo [7]Facebook Logo [8]Twitter Logo

This email and any attachments are intended for the addressee only and may
be confidential. If they come to you in error you must take no action
based on them, nor must you copy or show them to anyone. Please advise the
sender by replying to this email immediately and then delete the original
from your computer. Unless this email relates to Broadland District
Council or South Norfolk Council business it will be regarded by the
council as personal and will not be authorised by or sent on behalf of the
councils. The sender will have sole responsibility for any legal actions
or disputes that may arise. We have taken steps to ensure that this email
and any attachments are free from known viruses but in keeping with good
computing practice, you should ensure they are virus free. Emails sent
from and received by members and employees of Broadland District Council
and South Norfolk Council may be monitored. 

References

Visible links
1. https://secure.broadland.gov.uk/Northgat...
2. mailto:[email address]
3. https://www.broadland.gov.uk/
4. https://www.facebook.com/BroadlandDistri...
5. https://twitter.com/broadlanddc
6. https://south-norfolk.gov.uk/
7. https://www.facebook.com/SouthNorfolkCou...
8. https://twitter.com/SNorfolkCouncil

Dear Kerry

Thank you for your email and request for an internal review which has been forwarded to me. I will arrange for this to be conducted. We aim to undertake reviews within 20 working days, therefore you should hear back from us by 4 March 2021 with the outcome of this review. If this will take longer, we will inform you as soon as possible.

Regards
Sue

Sue White
Senior Governance Officer
t 01508 533800 e [email address]

This email and any attachments are intended for the addressee only and may be confidential. If they come to you in error you must take no action based on them, nor must you copy or show them to anyone. Please advise the sender by replying to this email immediately and then delete the original from your computer. Unless this email relates to Broadland District Council or South Norfolk Council business it will be regarded by the council as personal and will not be authorised by or sent on behalf of the councils. The sender will have sole responsibility for any legal actions or disputes that may arise. We have taken steps to ensure that this email and any attachments are free from known viruses but in keeping with good computing practice, you should ensure they are virus free. Emails sent from and received by members and employees of Broadland District Council and South Norfolk Council may be monitored.

dangos adrannau a ddyfynnir

Thank you for your request. We have to respond to Freedom of Information
Act (FOIA) requests within 20 working days and as soon as is reasonably
practicable. You will therefore hear back from us as soon as possible.

However, please note that if your request relates to the following, this
email acts as a response to your request and you will not receive further
correspondence from us.

Information relating to Norfolk County Council:

If your request relates to any of the following, you should refer your
request to Norfolk County Council
[1]https://www.norfolk.gov.uk/what-we-do-an...,
as they are responsible for these services:

* Roads and Transport – potholes, road safety
* Education and Learning - schools
* Care, support and health – adult social care, blue badges
* Children and Families – adoption
* Libraries, local history and archives
* Trading Standards

Information that is published on our website:

If your request relates to the following information, I should advise that
this information is exempt under Section 21 (1) of the Freedom of
Information Act 2000, as the information is reasonably accessible via our
website: [2]www.broadland.gov.uk/transparency

* Council Budgets - refer to our Budget Books
* Contracts - refer to the Council’s Contract Register
* Business Rates - refer to details about all Business Rate accounts
* Staff - refer to the Senior Structure Chart
* Money spent - refer to data relating to spending over £250

In accordance with the FOIA this email acts as a Refusal Notice. In terms
of the exemption, you have a right of appeal against our decision. In the
first instance this appeal must be internal, and you can email
[3][Broadland District Council request email] to request a review.

Please do not reply to this message - replies to this message are routed
to an unmonitored mailbox.

References

Visible links
1. https://www.norfolk.gov.uk/what-we-do-an...
2. https://www.broadland.gov.uk/transparency
3. mailto:[Broadland District Council request email]

Dear Kerry

Please find attached the decision notice resulting from the internal
review of your request for information (BFOI 20-533), which was conducted
by a Senior Lawyer at nplaw.

You will note that the Review has released two further emails (within the
same email chain) which have been included at Annex 1 of the Decision
Notice, attached.  There have been some redactions made to this - red
denotes redactions for your own personal data - exempt under s 40(1) for
reasons outlined in the original response to your request, and blue is
where the content is not within the scope of your request.

If you are still dissatisfied, you can contact the Information
Commissioner and I show below the contact details for your information:

Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Tel: 0303 123 1113

Website: http://www.ico.org.uk

Regards

Sue

dangos adrannau a ddyfynnir

Thank you for your request. We have to respond to Freedom of Information
Act (FOIA) requests within 20 working days and as soon as is reasonably
practicable. You will therefore hear back from us as soon as possible.

However, please note that if your request relates to the following, this
email acts as a response to your request and you will not receive further
correspondence from us.

Information relating to Norfolk County Council:

If your request relates to any of the following, you should refer your
request to Norfolk County Council
[1]https://www.norfolk.gov.uk/what-we-do-an...,
as they are responsible for these services:

* Roads and Transport – potholes, road safety
* Education and Learning - schools
* Care, support and health – adult social care, blue badges
* Children and Families – adoption
* Libraries, local history and archives
* Trading Standards

Information that is published on our website:

If your request relates to the following information, I should advise that
this information is exempt under Section 21 (1) of the Freedom of
Information Act 2000, as the information is reasonably accessible via our
website: [2]www.broadland.gov.uk/transparency

* Council Budgets - refer to our Budget Books
* Contracts - refer to the Council’s Contract Register
* Business Rates - refer to details about all Business Rate accounts
* Staff - refer to the Senior Structure Chart
* Money spent - refer to data relating to spending over £250

In accordance with the FOIA this email acts as a Refusal Notice. In terms
of the exemption, you have a right of appeal against our decision. In the
first instance this appeal must be internal, and you can email
[3][Broadland District Council request email] to request a review.

Please do not reply to this message - replies to this message are routed
to an unmonitored mailbox.

References

Visible links
1. https://www.norfolk.gov.uk/what-we-do-an...
2. https://www.broadland.gov.uk/transparency
3. mailto:[Broadland District Council request email]

Dear Kerry

Please see below my responses (in red) to your email.

Sue White

Senior Governance and Deputy Monitoring Officer

dangos adrannau a ddyfynnir