I would be grateful you provide the 17 reports made on 17 days by the Planning Inspector Richard Hollux

CEO Mr Newbold (Ataliwyd y cyfrif) made this Rhyddid Gwybodaeth request to Planning Inspectorate

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

Yn disgwyl am adolygiad mewnol gan Planning Inspectorate o'u triniaeth o'r cais hwn.

CEO Mr Newbold (Ataliwyd y cyfrif)

Dear Planning Inspectorate,

I would be grateful you provide the 17 reports made on 17 days by the Planning Inspector Richard E Hollux BA(Hons) BSc(Econ) MPhil FRTPI - Planning Inspector as detailed in the Invoice dated 11.06.2015 reference 1800001202 that cost £16,881.00 in regard to the Hastings Development Management Plan Public Examination REVISED PROPOSED SUBMISSION
VERSION 10 MARCH – 22 APRIL 2014 under the Freedom of Information Act.

This information should be supplied in the format of a Microsoft Word document originating from the Planning Inspector. These documents should be genuine and authenticatable. Please note if these documents are not held please inform me of such.

This request is not vexatious as it is requesting different documents.

Yours faithfully,

CEO Mr Newbold

CEO Mr Newbold (Ataliwyd y cyfrif)

Dear Planning Inspectorate,

You should be advised for mor information this invoice was prepared from Finance Shared Services Division in Hemel Hemstead under cusumer number 707324. I hope this information is helpful.

Yours faithfully,

CEO Mr Newbold

Long, Martin,

Dear Mr Newbold

I see that the invoice you refer to is available from https://www.whatdotheyknow.com/request/3... and the relevant extract appears to be "Reporting 17 days @ £993".

To clarify, I confirm that the invoice represents the 17 reporting days charged for the preparation of the Inspector's report on the Hastings Borough Council Development Management Plan. From previous requests you are aware that the Inspector's report is already publicly available - eg from http://www.hastings.gov.uk/environment_p... and a copy in word format has also previously been sent to you.

Yours sincerely

Martin Long
Planning Inspectorate

dangos adrannau a ddyfynnir

CEO Mr Newbold (Ataliwyd y cyfrif)

Dear Long, Martin,

if this is the case why does the invoice not show a line for the cost of drafting of the report . I am quite sure that there would be a charge for this as there was a charge for everything else. In addition there is already an ICO decision that states you dont hold this single report. If you do not have 17 preorts and do not hold this single report what is ther a charge for 16K for please?

I refer you to the ICO Descison https://ico.org.uk/media/action-weve-tak...

Yours sincerely,

CEO Mr Newbold

Long, Martin,

Dear Mr Newbold

As I said in my previous email, the charge for 17 days represents the time spent reporting - i.e to consider all of the representations presented to him and to draft his report.

The report which you already have (as is clearly confirmed by any reasonable reading of the ICO decision you refer to).

I would also refer you to paragraph 19 and 20 of the ICO decision - and would ask you to reflect on alternative remedies if you consider that the absence of an 'authenticated' version ('authenticated' as defined by you) represents a shortcoming on the part of the Inspectorate. I would simply point out that the use of a stylised font (rather than wet signatures) by Inspectors to sign off their decisions and reports is standard practice in the Inspectorate and is not considered to render the report (which you have) invalid.


Yours sincerely

Martin Long

dangos adrannau a ddyfynnir

CEO Mr Newbold (Ataliwyd y cyfrif)

Dear Long, Martin,

You seem to misunderstand this request. I advise you to look at my original request here it was for 17 Reports not one or the Final Report which has a decision notice on its authenticity.

Please kindly keep your comments in regard to this 17 Reports only!
Are you stating these 17 reports are not held?

Yours sincerely,

CEO Mr Newbold

Long, Martin,

Dear Mr Newbold

As I have already clarified, in the invoice you referred to, the 17 days relates to the time spent drafting the final report (and not a charge for 17 reports).

Yours sincerely

Martin Long

dangos adrannau a ddyfynnir

CEO Mr Newbold (Ataliwyd y cyfrif)

Dear Long, Martin,

Dear Sir ,

I would be grateful you stick to my request and inform me whether you hold or do not hold these 17 reports. My request is quite straightforward and requires a simple this information is held or this information is not held answer. Would you kindly stick to the request as this sis now the second time I have clarified this with you.

Yours sincerely,

CEO Mr Newbold

Long, Martin,

Dear Mr Newbold CEO

Your request was "I would be grateful you provide the 17 reports made on 17 days by
the Planning Inspector Richard E Hollux BA(Hons) BSc(Econ) MPhil
FRTPI - Planning Inspector as detailed in the Invoice dated
11.06.2015 reference 1800001202 that cost £16,881.00 in regard to
the Hastings Development Management Plan Public Examination REVISED
PROPOSED SUBMISSION
VERSION 10 MARCH – 22 APRIL 2014 under the Freedom of Information
Act".

The answer to your request is, clarification, that there are not 17 reports detailed in the invoice that you refer to. The 17 days relate to the time spent preparing the Inspector's final report.

Yours sincerely

Martin Long

dangos adrannau a ddyfynnir

CEO Mr Newbold (Ataliwyd y cyfrif)

Dear Long, Martin,
If this is the case can you please confirm that you do not hold the authenticated genuine 17 reports as denoted in the invoice line provided to my LA.
I asked you to provide the 17 Reports detailed here :

1) Either “provide these authenticated genuine 17 reports made by Planning Inspector Richard E Hollux BA(Hons) BSc(Econ) MPhilFRTPI - Planning Inspector”.

2) “No authenticated genuine17 reports made by Planning Inspector Richard E Hollux BA(Hons) BSc(Econ) MPhil FRTPI - Planning Inspectorare are held”.

Can you please state what is the correct position in regard to these documents please. Thank you for your help. I am not really looking for any other comment other than this. Though I appreciate you have your own comments the Freedom of Information Act is quite rigid.

Yours sincerely,

CEO Mr Newbold

Long, Martin,

Mr Newbold

In short, I cannot answer your request because there are not "17 reports detailed here" (in the invoice) and therefore I do not understand what recorded information that you wish me to look for. To clarify:

The invoice that you refer to is for 17 days to produce the local report - i.e the report which contains the Inspector's recommendations and reasons, and which the local planning authority are required to publish - ie as defined in section 20(7) and section 20(8) of the Planning and Compulsory Purchase Act 2004 - http://www.legislation.gov.uk/ukpga/2004.... That report has already been provided to you and is published.

As you should also recall, in the confusion surrounding your previous request we thought you were referring to the fact check report, ie, the report that we initially provide to Council for fact checking and the purpose of which is detailed in section 6 of https://www.gov.uk/government/uploads/sy.... As you will know, a copy of the fact check report has also previously been sent to you.

I therefore reconfirm, I don't know what 17 reports you are asking for as I do not recognise these to be i) part of the invoice you refer to or ii) part of the plan process. I'm also conscious from the last round of requests that went to the ICO, that these were based on a misunderstanding of what you required, and that you appear to be misinterpreting the ICO decision (that you have been provided with a copy of the final report) with your own interpretation regarding the "authenticity" of that report. Therefore, I am conscious that we both need to have the same understanding of the material requested before proceeding with any request.

Yours sincerely

Martin Long
Planning Inspectorate

dangos adrannau a ddyfynnir

CEO Mr Newbold (Ataliwyd y cyfrif)

Dear Planning Inspectorate,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Planning Inspectorate's handling of my FOI request 'I would be grateful you provide the 17 reports made on 17 days by the Planning Inspector Richard Hollux'.

I do not seem to be getting a straight single answer with regard to my Freedom Information Request I am not looking for you to clarify my request. I am not confused as you state I am quite aware of what you have not provided I am also aware of the legislation in this regard which it would appear has not been followed . I have tried to be quite precise in what I have asked for throughout. You seem to be confused in relation to your other statements which have been made to the ICO.

Can you please confirm that you do not hold the authenticated genuine 17 reports as denoted in the invoice line provided in my request?

I asked you to provide the 17 Reports or state 2) here detailed here :
1) Either “provide these authenticated genuine 17 reports made by Planning Inspector Richard E Hollux BA(Hons) BSc(Econ) MPhilFRTPI - Planning Inspector”.

2) “No authenticated genuine17 reports made by Planning Inspector Richard E Hollux BA(Hons) BSc(Econ) MPhil FRTPI - Planning Inspectorate are held”.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/i...

Yours faithfully,

CEO Mr Newbold

PINS FOI Requests,

Dear Mr Newbold.

Thank you for your further email. This is the final reply from the Inspectorate, which also amounts to our internal review decision.

The Inspector, as the person appointed to examine Hastings Development Management Plan, was ultimately tasked with the production a report on the soundness of the Council's Plan.

The invoice that you refer to relates to the number of reporting days charged to Hastings Borough Council, and not the number of reports that the Inspector was tasked with producing.

Your request for 17 reports is therefore based on a misunderstanding of the invoice and 17 reports were not produced by the Inspector in respect of the examination, nor are 17 reports denoted in the invoice.

As your request is based (deliberately or otherwise) on a misunderstanding of the invoice, to the extent that I am able, I confirm that the Inspectorate does not hold 17 reports (the existence of which appears to be of your own interpretation and creation) in respect of this examination. EIR Regulation 12(4)(a applies and, as we do not hold the information requested, there is no relevant public interest consideration as to whether the information should be released or withheld.

From previous requests, you have been sent the Inspector's final report to Hasting's Borough Council and the fact check version of that report which was also sent to Hastings Borough Council.

I refer you to paragraph 19 of the recent ICO decision (FER0601857), in respect of your previous and related request. In particular the ICO's view that "if the complainant considers that the absence of an "authenticated" version of the requested report represents a shortcoming on the part of the Inspectorate, this is a matter which they should pursue via remedies other than the EIR". Whilst it is appreciated that you have concerns (albeit based on your own definition of what constitutes an "authenticated" report), your repeated requests are becoming vexatious\unreasonable, and future related requests may be refused as such.

Yours sincerely

Martin Long
Planning Inspectorate

dangos adrannau a ddyfynnir

CEO Mr Newbold (Ataliwyd y cyfrif)

Dear PINS FOI Requests,

There was no mistake on the invoice or the invoice subsequently changed / or revoked at the time to state one report.

My request relates to 17 reports mentioned herein here and is not in relation to the final report which your Freedom of Information staff keeps referring to incorrectly and therefore my request is not vexatious as you state as the 17 reports are not 1 report but 17 reports. It is quite clear what was being charged for in this invoice.

Furthermore if you state this invoice was wrong and was not for 17 Reports how was the Inspectors Final Report created!

It would be apparent with no daily reports being created or charged to the Council there would be no base documents for the Inspectors Report to be created . Which it has previously been determined you don’t hold an authenticatable genuine report from the Planning Inspector only copies similar to the Councils.
I also understand that Martin Long is not the Information Officer for Planning Inspectorate and await my Internal Review

I am stiull awaiting you state you hold or do not hold these 17 Reports which can be authenticated as genuine. It is clear you are brininging another Request which has already been made and not rerlavent to this FOIR.

Yours sincerely,

CEO Mr Newbold

PINS FOI Requests,

Dear Mr Newbold

I acknowledge your further email. You have our internal review decision and the Inspectorate has nothing further to add with regards to your request and review.

If you have concerns about our compliance with the FOIA\EIR, then you will need to raise this with the Information Commissioner's Office. Further information and contact details are on their website (www.ico.org.uk), and you should raise your concerns within 2 months of the date of our internal review decision.

Yours sincerely

Martin Long
Planning Inspectorate

dangos adrannau a ddyfynnir

CEO Mr Newbold (Ataliwyd y cyfrif)

Dear PINS FOI Requests,

As you have nothing further to add I presume this means that you do not have these reports which you billed Hastings Borough Council for on invoice 1800001202 1.06.2015 . I woulkd be grateful that you return the monies given to you in regard to these interlectual properties which you have invoiced under invoice 1.06.2015 reference 1800001202 for cost £16,881.00 returning the monies in its entirety to Hastings Borough Council Accounts department at your earliest convienience.

Thank you for your assistance.

Yours sincerely,

CEO Mr Newbold

Gadawodd Don Wise anodiad ()

The council still has not made available the second report a after the Main Modifications examination written by the planning Inspector . The MP has written a letter stating that the council has written this last report and not the planning inspectorate. Why can this not be provided, does it contain something that the council do not want to be in the public domain?

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