Leasing of Torbay Council’s Berry Head coastal land

Torbay Borough Council did not have the information requested.

Dear Torbay Borough Council,

With reference to the Council’s leasing in 1999 of land including Berry Head to the Torbay Coast and Countryside Trust please provide the following.

1. A copy (or link to) the Deed document that constitutes the initial lease agreement.

2. A copy (or link to) later contractual documents (if any) that have amended the initial lease.

3. If there have been any amendments to the initial lease, copies of any council minutes that record the purposes of and agreement to the making of those amendments.

4. A copy of any Land Registry document that record the initial status of the leased land together with subsequent Land Registry document(s), if any, that record any amended status of the leased land.

Yours faithfully,

Susan Fletcher

Freedom of Information, Torbay Borough Council

Dear Ms Fletcher

Thank you for your request for information, which was received on 5 July 2018. We are currently processing your request and will contact you within 20 working days.

If you have any queries regarding your request, please do not hesitate to contact us, quoting the reference number above in all communications.

Yours sincerely

Katherine Boyer
Information Compliance Apprentice
Torbay Council
 
Phone: 01803 207034
Mail: Information Compliance, Torbay Council, Town Hall, Castle Circus, Torquay, TQ1 3DR

The Information Compliance Team will aim to acknowledge correspondence within 3 working days unless a restriction is in place.

This email and any attachments are intended solely for the use of the intended recipient(s) and may contain confidential information and/or may be legally privileged. If you have received this email in error, please notify the sender immediately and delete this email.

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Dear Freedom of Information,

Your response is overdue contrary to law as you well know. The same as your response to my earlier request which still remains overdue.

Please stop prevaricating and deal with it now.

Yours sincerely,

Susan Fletcher

Freedom of Information, Torbay Borough Council

1 Attachment

Dear Ms Fletcher

 

Thank you for your email received on 4 August 2018, I am sorry you have
still not received a response, we have chased the department but
unfortunately we have still not heard from them so are unable to reply to
your request. I have chased it again so will hopefully hear from them
soon.

 

Regards

 

Bee

 

Bee Laithwaite

Information Compliance Support Officer

Torbay Council

Torquay Town Hall

Castle Circus

Torquay

TQ1 3DR

01803 207177

*: [1][email address]

[2]cid:image001.png@01CF5A20.BA7692A0

 

The Information Compliance Team will aim to acknowledge correspondence
within 3 working days unless a restriction is in place.

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Susan Fletcher left an annotation ()

Dear Ms Laithwaite
I appreciate that you are able only to provide information made available to you by relevant officers and are not personally responsible for unlawful failings of your Council in breach of the Freedom of Information Act that is well known to the Council.

Please ensure that your Chief Executive is now informed that the slovenly underperformance of the relevant officers in this matter has put your Council in breach of the Freedom of Information Act. As the Council’s Freedom of Information Officer, please now request that your Chief Executive makes known to all Departments the necessity for them aways to provide you with requested information that they are required by law to do (a) PROMPTLY, which means not leisurely as and when they feel like doing, and (b) always within the statutory maximum time permitted.

Please confirm that you have done so.

Freedom of Information, Torbay Borough Council

1 Attachment

Dear Ms Fletcher

 

Further to your request received on 5 July 2018, I confirm that Torbay
Council has now considered your request under the Freedom of Information
Act 2000. I am sorry for the delay in providing you with a response.

 

Our response is attached.

 

The information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988. You are free to use it for your
own purposes, including any non-commercial research you are doing and for
the purpose of news reporting. Any other re-use, for example commercial
publication, would require the permission of the copyright holder.

 

Torbay Council publishes Access to Information requests and responses on
its online Disclosure Log. Only requests deemed to be in the public
interest will be included and any request included within this log will be
de-personalised accordingly.

 

To view the Council’s Disclosure Log, please visit
[1]www.torbay.gov.uk/disclosurelog

 

If you have any queries about this email please do not hesitate to contact
me directly, quoting the reference number listed at the top of this letter
in all communications.

 

If you are unhappy with the Council’s response to your request and wish to
make a complaint please write to Information Compliance, Town Hall, Castle
Circus, Torquay, TQ1 3DR or complete the on-line complaint form that can
be found at [2]www.torbay.gov.uk.

 

If after going through the Council’s complaints process you are still not
satisfied, you can contact the Information Commissioner direct.

 

Information Helpline: 0303 123 1113
Commissioner 01625 545 745
 
Wycliffe [3][email address]
House Email:
[4]www.ico.org.uk
Water Lane Website:

Wilmslow

Cheshire SK9
5AF

 

Yours sincerely

 

 

Information Compliance

Torbay Council

 

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References

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1. http://www.torbay.gov.uk/disclosurelog
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Peter Harry left an annotation ()

The underhand way in which TBC (officers) have handled this request is abysmal.
I do know that TBC do have access to the lease which is deposited with the land registry.
The lease will show who owns the car park in question and the lease has never been amended as it is claimed to have been by the other partner of this leased land (Torbay Coast and Countryside Trust). Untruths abound and it is time that someone (Maybe the CEO of TBC) got to grips with this issue.