Planning Application Documents.

The request was partially successful.

Dear Powys County Council,

Please will you provide me with a copy of the following Planning / Building Control application / documents, and associated plans etc.
1. Planning Application Reference RAD/ 1994/ 0271. ( Alternate Ref. R 343809 ).
2. Building Control Application/Documents, CPS/2019/3976, & CPS/2022/00366.
All associated with No 10 Gorse Farm, Llandrindod Wells, LD1 5SH.

Yours faithfully,

DAVID HAWKER

Information Compliance, Powys County Council

 

Nigel Brinn, Corporate Director Rheoli Gwybodaeth/
(Economy and Environment) /
Cyfarwyddwr Corfforaethol (Yr Information Compliance
Economi a’r Amgylchedd)/
Neuadd Y Sir / County Hall

Spa Road East

Llandrindod Wells

Powys LD1 5LG
  If calling please ask for / Os yn galw
gofynnwch am
 
Information Compliance
 
Tel / Ffôn: 01597 82 7543
 
Email/Llythyru electronig:
[1][email address]

Our ref / Ein cyf: 2022-0081E

Date / Dyddiad: 31/01/2022

 

 

Request Accepted

 

FREEDOM of INFORMATION ACT 2000

 

Dear Mr Hawker

 

Thank you for your request for information, received at this office on
31/01/22, in which you requested details of the following:

 

Planning Application and Building Control Documents - No. 10 Gorse Farm

 

The above is a summary of your request. The full details of the
information sought is provided to the officer to whom the request is
tasked.

 

Please note that we have received two requests from yourself which we have
interpreted to be seeking the same information. As such we will provide a
response to the questions in the first request which asks for both the
Planning and Building Control documents.  However, if we have
misinterpreted this, please let us know.

 

Your request will now be considered and you will receive a response within
the statutory timescale of 20 working days as defined by the Act, subject
to the information not being exempt. In some circumstances Powys County
Council may be unable to achieve this deadline. If this is likely you will
be informed and given a revised time-scale at the earliest opportunity.

 

On some occasions there may be a fee payable for the retrieval, collation
and provision of the information you request. If this is the case you will
be informed and the 20 working day timescale will be suspended until we
receive payment from you. If you choose not to make a payment then your
request will remain unanswered.

 

The due date for responding to this request for information is 28/02/22.

 

Should you need to discuss this further please contact the Information
Compliance Team on 01597 827543.

 

I would like to take this opportunity to thank you for your interest in
Powys County Council.

 

Yours sincerely,

 

Information Compliance Team

 

 

We keep your details safe in line with the requirements set out in the
United Kingdom General Data Protection Regulations. We will only ever use
the details you share with us to enable us to undertake our statutory
obligations. You can find out more by looking on our web site.
[2]https://en.powys.gov.uk/privacy

 

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References

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1. mailto:[email address]
2. https://en.powys.gov.uk/privacy

Dear Information Compliance,
Please provide the information requested in this foi, for the Gorse Farm property.
My previous request, made via email only, for a different location,has remained unanswered to date. A separate reply to this email request would also be appreciated.

Yours sincerely,

DAVID HAWKER

Information Compliance, Powys County Council

Dear Mr Hawker

Thank you, as noted in our acknowledgment we will be taking the request forward for information from Planning and Building Control in relation to the Gorse Farm property.

In regards to the previous request you refer to, please could you clarify which location this was in relation to? Did you receive an acknowledgement email/reference number for this request?

Yours sincerely

Information Compliance Team
Powys County Council

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Information Compliance, Powys County Council

3 Attachments

Nigel Brinn, Corporate Director Rheoli Gwybodaeth/
(Economy and Environment) /
Cyfarwyddwr Corfforaethol (Yr Information Compliance
Economi a’r Amgylchedd)/
Neuadd Y Sir / County Hall

Spa Road East

Llandrindod Wells

Powys LD1 5LG
If calling please ask for / Os yn galw
gofynnwch am

Tel / Ffôn: 01597 82 7543

Email/Llythyru electronig:
[1][email address]

Our ref / Ein cyf: 2022-0081E

Date / Dyddiad: 09/02/2022

Dear Mr Hawker

 

Thank you for your request for information which was received by the
Authority on the 31/01/22.

This is to inform you that your request has been considered and the
Authority can provide the following response:

 

Request:

 

Please will you provide me with a copy of the following Planning /
Building Control application /  documents, and associated plans etc.

 

1. Planning Application Reference RAD/ 1994/ 0271. ( Alternate Ref. R
343809 ).

2. Building Control Application/Documents, CPS/2019/3976, & CPS/2019/3976

 

All associated with No 10 Gorse Farm, Llandrindod Wells, LD1 5SH.

 

Response:

Please see the attached document for a copy of the planning file in
relation to the planning reference R3438 (RAD/1994/0271).  Please note
that where redaction has been applied this is because the document
includes information which would be considered personal information of the
data subjects referenced who do not have a reasonable expectation that
their name, or personal details, will be released to the public.  Such a
disclosure may breach Article 5 1(a) of The General Data Protection
Regulations and Section 13(1) of the Environmental Information Regulations
(EIR) 2004 would therefore be engaged.

 

Building Control do not hold documentation for works carried out under
Competent Person Schemes (CPS) and as such Regulation 12(4)(a) of the EIR
applies to this element of your request as the information you have
requested is not held.  However, we can advise that Building Control do
receive a notification that the works undertaken have been registered with
the Fenestration Self-Assessment Scheme (FENSA), and record of this for
the reference CPS/2019/3976 is shown below:

 

 

Regulation 14 of the Environmental Information Regulations requires Powys
County Council,

(1) If a request for environmental information is refused by a public
authority under regulations 12(1) or 13(1), the refusal shall be made in
writing and comply with the following provisions of this regulation.

(2) The refusal shall be made as soon as possible and no later than 20
working days after the date of receipt of the request.

(3) The refusal shall specify the reasons not to disclose the information
requested, including—

(a)any exception relied on under regulations 12(4), 12(5) or 13; and

(b)the matters the public authority considered in reaching its decision
with respect to the public interest under regulation 12(1)(b) or, where
these apply, regulations 13(2)(a)(ii) or 13(3).

Regulation 12(4)(a)

12.—(1) Subject to paragraphs (2), (3) and (9), a public authority may
refuse to disclose environmental information requested if—

 (4) For the purposes of paragraph (1)(a), a public authority may refuse
to disclose information to the extent that—

 a. it does not hold that information when an applicant’s request is
received;

 

We have considered your request and in this instance, the data is not
held.

 

Regulation 13(1)

13.—(1) To the extent that the information requested includes personal
data of which the applicant is not the data subject and as respects which
either the first or second condition below is satisfied, a public
authority shall not disclose the personal data.

(2) The first condition is—

(a)in a case where the information falls within any of paragraphs (a) to
(d) of the definition of “data” in section 1(1) of the Data Protection Act
1998, that the disclosure of the information to a member of the public
otherwise than under these Regulations would contravene—

(i)any of the data protection principles; or

(ii)section 10 of that Act (right to prevent processing likely to cause
damage or distress) and in all the circumstances of the case, the public
interest in not disclosing the information outweighs the public interest
in disclosing it; and

(b)in any other case, that the disclosure of the information to a member
of the public otherwise than under these Regulations would contravene any
of the data protection principles if the exemptions in section 33A(1) of
the Data Protection Act 1998([2]1) (which relate to manual data held by
public authorities) were disregarded.

(3) The second condition is that by virtue of any provision of Part IV of
the Data Protection Act 1998 the information is exempt from section 7(1)
of that Act and, in all the circumstances of the case, the public interest
in not disclosing the information outweighs the public interest in
disclosing it.

 

We believe that this request is now complete. Should any further
information be required regarding this topic, a separate request will need
to be submitted.

We would like to take this opportunity to thank you for your interest in
Powys County Council.

 

Yours sincerely,

Information Compliance Team

 

The supply of documents under Freedom of Information does not give the
person or organisation who receives them an automatic right to re-use the
documents in a way that would infringe copyright.

You are free to use any information supplied for your own use, including
for non-commercial research purposes. The information may also be used for
the purposes of news reporting. However, any other type of re-use, for
example, by publishing the information or issuing copies to the public
will require the permission of the copyright owner. The copyright of most
of the information that we provide in response to Freedom of Information
Act requests will be owned by Powys County Council. The copyright in other
information may be owned by another person or organisation, as indicated
in the information itself. For HMSO Guidance Notes on a range of copyright
issues, see the Office of Public Sector Information(OPSI) website:
[3]http://www.opsi.gov.uk/advice/crown-copy...

 

If you are not satisfied with this response or wish to seek clarity, then
you should contact us, we will try and deal with your query informally, in
the first instance. If informal resolution is not possible or you are
still dissatisfied, then you may apply for a formal internal review by
contacting the Information Compliance Team at
[4][email address]. Please note that any request for
an internal review must be made within 40 working days of the date on
which the attempt to reach informal resolution has come to an end.

 

If you remain dissatisfied following an internal review, you may take your
complaint to the Information Commissioner under the provisions of Section
50 of the Freedom of Information Act

 

If you are still not satisfied following this, you can make an appeal to
the Information Commissioner, who is the statutory regulator. The
Information Commissioner can be contacted at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

SK95AF

Tel: 03031231113

Email: [5][email address]

[6]www.ico.org.uk

[7]Footer_banner[1]

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References

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2. Go to footnote 1
http://www.legislation.gov.uk/uksi/2004/...
3. http://www.opsi.gov.uk/advice/crown-copy...
4. mailto:[email address]
5. mailto:[email address]
6. http://www.ico.org.uk/