Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywKenneth Lowe mewngofnodwch a gadael i bawb wybod.

Incinerator planning consent documents

We're waiting for Kenneth Lowe to read a recent response and update the status.

Dear Cumbria County Council,

To the Cumbria County Council Information Governance Team

This is a request under the Freedom of Information Act 2000.

1. I am requesting all information held as to whether condition 1 of the ‪1/18‬/9012 planning consent is (or was) lawful (or unlawful) under section 73 legislation.  Please include all assessments and communications relating to the lawfulness (and/or unlawfulness) of condition 1 of ‪1/18‬/9012 under section 73 legislation made by, or communicated to/from, Cumbria County Council Development Control Officers (and/or their managers up to director level) and Cumbria County Council's Legal Officers (and/or their managers up to director level).  Please include all information held concerning the implications of the lawfulness or otherwise of condition 1.  Please include all assessments and communications even if these have since been superseded, changed or overruled.  Please include all information held on this, whether in databases, meeting minutes, emails or some other means.

2. Please indicate which of the above is Cumbria County Council's current assessment as to whether condition 1 of the ‪1/18‬/9012 planning consent as written is (or was) lawful (or unlawful) under section 73 legislation.  Based on this current assessment, please provide Cumbria County Council's current opinion on the effective lawful expiry date (the date by which development shall be begun) of the ‪1/18‬/9012 planning consent.
Please provide this information by email.
If it is not possible to provide the information requested due to the information exceeding the cost of compliance limits identified in Section 12, please provide advice and assistance, under the Section 16 obligations of the Act, as to how I can refine my request.

Thank you for your assistance.

Yours faithfully,

Kenneth Lowe

Information Governance, Cumbria County Council

Dear Kenneth Lowe 

Freedom of Information Act 2000 Reference: FOI-5699-2020

Thank you for your request for information regarding ‪1/18‬/9012 planning
consent, which was received on 12/06/2020.

The council aims to provide you with the information within the statutory
timescale of 20 working days in this case the date is 10/07/2020.
Subject to the information not being exempt or containing any references
to third parties.

While we endeavour to respond to in these timescales, we want to make you
aware that responding to the current clinical priority of Covid-19 may
mean at times, we struggle to meet these timescales.

The council will, as a matter of routine make information available in
electronic format. Where it is not practical to do this information will
be provided in hard copy (paper). If information is required in
alternative formats e.g. language, audio, large print, etc., please
indicate this as soon as possible so the council can consider your
request.

The Freedom of Information Act 2000 define a number of
exemptions/exceptions which may prevent information being released to you
automatically. The council will make an assessment about the application
of any exemptions/exceptions and issue you with a decision letter, which
will include details of your right to appeal.

If the information you request contains reference to a third party the
council will consult with them prior to making a decision about the
release of information.

In accordance with the council's Charging Policy a fee may be charged for
supplying information. If a fee is payable you will be issued with a fees
notice. The applicable fee must be paid in full before the information is
processed and released. The statutory time limit for responses is
suspended until the council has received and processed your payment. If
payment is not received within three months of issuing the fees notice
your request will be closed.

If you have any queries or concerns about this email do not hesitate to
contact us.

Many thanks 

Information Governance Team
Corporate, Customer & Community | Cumbria County Council
Service Centre | Parkhouse Building | Kingmoor Business Park
| Carlisle | CA6 4SJ
 
t: 01228 221234 
[1]https://cumbria.gov.uk
 

References

Visible links
1. https://cumbria.gov.uk/

Information Governance, Cumbria County Council

2 Atodiad

Dear Kenneth Lowe 

Freedom of Information Act 2000, Reference: FOI-5699-2020

Please see attached for a response to your request for information.

Many thanks 

Information Governance Team
Corporate, Customer & Community | Cumbria County Council
Service Centre | Parkhouse Building | Kingmoor Business Park
| Carlisle | CA6 4SJ
 
t: 01228 221234 
[1]https://cumbria.gov.uk
 

References

Visible links
1. https://cumbria.gov.uk/

Dear Cumbria County Council,

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

I am writing to request an internal review of Cumbria County Council's handling of my FOI request 'Incinerator planning consent documents'.

Thank you for your response dated 2 July 2020. I wish to request an internal review of Cumbria County Council's response for the following reasons:

1. Cumbria County Council's response states "Enclosed with this request are copies of emails ..." but only one email has been included. Please provide all emails and any other information relevant to my request.

2. Cumbria County Council's response included an email from the "Lead Officer" dated 17 March 2020 15:16 but no reply to this email from the "Lead Officer" was included. Please provide any reply or replies if held by Cumbria County Council.

3. I note that Cumbria County Council's response states "The redacted information is exempt from disclosure under Section 40(2) of the FOIA. Section 40(2) s ... The Council considers that a third party is identifiable from the withheld information, and it does not consider that the data subject would reasonably expect the information in question to be released". I have no wish to identify individuals. It is, however, in the public interest for Cumbria County Council to release the names of companies/organisations/public bodies that provide assessments to Cumbria County Council especially when the 1/16/9005 and 1/18/9012 planning applications received significant media interest and many objections from members of the public. Section 40(2) of the FOIA refers to "personal data" so names of third party companies/organisations/public bodies cannot be withheld under section 40(2). Please provide all information relevant to my Freedom of Information request. Personal names (and other information that would enable an individual to be identified) can be blacked-out if required by GDPR.

4. Since the 1/16/9005 and the 1/18/9012 planning applications required Environmental Impact Assessments, and since the development described by the planning applications would require an Environment Agency permit, it may be that this request should be considered under the Environmental Impact Regulations instead (or in addition) to the Freedom of Information Act regulations.

I look forward to hearing from you.
]

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,

Kenneth Lowe

Information Governance, Cumbria County Council

Dear Kenneth Lowe 

Freedom of Information Act 2000, Internal Review Acknowledgement
Reference: FOI-5699-2020

Following the disclosure that we sent to you on 02/07/2020 in response to
your request about ‪1/18‬/9012 planning consent.

As you are dissatisfied with the way your request has been handled your
request will now be considered through the Council's internal review
process. The internal review will be carried out by Belinda Taylor,
Complaints & Information Governance Officer.

The internal review stage is not an opportunity to consider the request
afresh. The disclosuremade by the council will be considered, in the light
of all the relevant information.

Following the internal review the Council aims to respond within 20
working days. If for any reason we are unable to meet that time frame we
will let you know.

If you are not satisfied with the council's internal review you have the
right to appeal to the Information Commissioner (contact details provided
below):

First Contact Team
Information Commissioners Office
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF

Telephone: 0303 123 1113
E-mail: [email address]
[1]https://ico.org.uk/make-a-complaint

If you have any queries please contact us.

Many thanks 

Information Governance Team
Corporate, Customer & Community | Cumbria County Council
Service Centre | Parkhouse Building | Kingmoor Business Park
| Carlisle | CA6 4SJ
 
t: 01228 221234 
[2]https://cumbria.gov.uk
 

References

Visible links
1. https://ico.org.uk/make-a-complaint
2. https://cumbria.gov.uk/

Dear Information Governance,

Further to my request for an internal review of Cumbria County Council's response, it has come to my attention that Cumbria County Council communicated the following in an email:

"The section 73 application, in my view, expires on 29/01/2022. Under the powers of section 73, the condition stipulating the timescales for implementation of a planning permission cannot be amended and must be repeated unchanged on the decision notice for any section 73 approval. In essence, this means the actual timescale for implementation (3 years usually), cannot be varied by this route or a longer period for implementation agreed as part of a section 73 application.
In my view, therefore, the County Council has not exceeded it powers under section 73 of the Town and County Planning Act."

I understand this communication to have taken place before Cumbria County Council's response to my request. I believe the communication shows there to be additional information that falls within the scope of our request that was not included in Cumbria County Council's response.

I request that Cumbria County Council provide all relevant information requested, including the one above, in their entirety.

Yours sincerely,

Kenneth Lowe

Information Governance, Cumbria County Council

1 Atodiad

Dear Kenneth Lowe 

Freedom of Information Act 2000 Reference: FOI-5699-2020

Please see attached for a response to your Internal Review Request.

Many thanks 

Information Governance Team
Corporate, Customer & Community | Cumbria County Council
Service Centre | Parkhouse Building | Kingmoor Business Park
| Carlisle | CA6 4SJ
 
t: 01228 221234 
[1]https://cumbria.gov.uk
 

References

Visible links
1. https://cumbria.gov.uk/

Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywKenneth Lowe mewngofnodwch a gadael i bawb wybod.