Noise nuisance Pumped Gym

Roedd y cais yn rhannol lwyddiannus.

Accessibility Consultancy

Dear Stevenage Borough Council,

This is an open government request for information to which I am 
entitled under the Freedom of Information Act. In order to assist
 you with this request, I am outlining my query as specifically as
 possible. If however this request is too wide or too unclear, I
 would be grateful if you could contact me as I understand that
 under the legislation, you are required to advise and assist
 requesters.


Residents in Stevenage Old Town have been suffering from an alleged statutory noise nuisance emanating from Pumped Gym 1 to 2 Pond Close since the gym has been operating. A number of local residents have complained to the council regarding this noise nuisance both to the Environmental Health and Planning Departments. Under the provisions of the Freedom of Information Act I request the following information:

1. Copies of all communications from members of the public with Environmental Health (including but not limited to officer notes, logs, email correspondence, online submissions, phone calls and letters) regarding complaints of an alleged noise nuisance emanating from Pumped Gym.
2. Copies of all communications from officers of the council to Pumped Gym notifying them of complaints to the council regarding the alleged noise nuisance. This should include a copy of the letter to the complainant(s) confirming follow up actions.
3. Officers contemporaneous notes of visits to complainants and any actions (to be) taken (or determination of no further action) as a result of those visits.
4. The results from recording equipment deployed to investigate the noise nuisance and its severity, the dates upon which this was deployed, approximate positioning of the device(s) and any officer reports regarding the results of the recording equipment deployment.
5. Do officers currently believe that the noise is loud enough (or not) for the council to undertake legal proceedings.
6. In the opinion of the Council is it satisfied that a statutory nuisance exists? If it is has a Noise Abatement Notice been sent to Pumped Gym and if so what response has been forthcoming?

Please supply this documentation in an accessible electronic form. I accept that it may be be necessary to redact name and location details to protect the identities of individual complainants involved in the case.

Yours faithfully,

Accessibility Consultancy

FOI, Stevenage Borough Council

Thank you for your recent request for information, which is now being handled in accordance with the Freedom of Information Act 2000.

The Council will provide you with the information requested by 17th October 2013, unless there is a legitimate reason preventing its release.

If the Council is unable to provide the information, you will be informed in writing of the reasons.

Yours faithfully,

David Traylor
Information Officer
Legal Services
 
 
 
Daneshill House, Danestrete, Stevenage, Herts, SG1 1HN

dangos adrannau a ddyfynnir

FOI, Stevenage Borough Council

1 Atodiad

Dear Sir,

1. Copies of all communications from members of the public with Environmental Health (including but not limited to officer notes, logs, email correspondence, online submissions, phone calls and letters) regarding complaints of an alleged noise nuisance emanating from Pumped Gym.

We can confirm that there have been 4 complaints received regarding this matter.

The complaint letters are exempt from disclosure as they contain personal data which is protected under the Data Protection Act 1998 and also they were supplied to the Council in the expectation that they would be treated as a confidential document.
For these reasons they are exempt from disclosure under Section 40 (personal information of individuals) and Section 41 (Information provided in confidence) of the Foi Act 2000.

2. Copies of all communications from officers of the council to Pumped Gym notifying them of complaints to the council regarding the alleged noise nuisance. This should include a copy of the letter to the complainant(s) confirming follow up actions.

Please find attached a copy of the standard letter sent on noise complaints, (this was sent to the Gym in July 2013) as this is an on-going investigation which is not complete the information relating to the investigation, at this stage is also exempt from disclosure under Section 30(1) (investigation and proceedings conducted by public authorities) of the Foi Act 2000.

3. Officers contemporaneous notes of visits to complainants and any actions (to be) taken (or determination of no further action) as a result of those visits.

Please see reply above as this is an on-going investigation.

4. The results from recording equipment deployed to investigate the noise nuisance and its severity, the dates upon which this was deployed, approximate positioning of the device(s) and any officer reports regarding the results of the recording equipment deployment.

Please see reply above as this is an on-going investigation.

5. Do officers currently believe that the noise is loud enough (or not) for the council to undertake legal proceedings.

Please see reply above as this is an on-going investigation.

6. In the opinion of the Council is it satisfied that a statutory nuisance exists? If it is has a Noise Abatement Notice been sent to Pumped Gym and if so what response has been forthcoming?

Please see reply above as this is an on-going investigation.

Just to re-iterate, the Council cannot release certain information as this stage, however this will change once its investigations have been concluded.

Finally, you have a right of appeal to the Council regarding the application of the exemptions via [Stevenage Borough Council request email]

Further information regarding foi can be viewed at www.ico.gov.uk

David Traylor
Information Officer
Legal Services

 

Daneshill House, Danestrete, Stevenage, Herts, SG1 1HN

dangos adrannau a ddyfynnir