Planning applications / noise reports

Dan made this Rhyddid Gwybodaeth request to Cherwell District Council

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

Roedd y cais yn rhannol lwyddiannus.

Dear Cherwell District Council,

I understand that you have recently declined to release a noise report surrounding complaints around the train station and depot.

I would like to request that this information be released as it is in the public interest to see it, given those concerned have already been identified publicly and found to be in breach.

I would like to know :

1) Who commissioned the report(s)?
2) Who carried it out the investigation and over what period?
3) Who paid for the report and how much it cost?
4) Specific details of the assessment you carried out prior to refusing to disclose this report and in particular details of any public interest assessment carried out.
5) The specific legal basis for refusing to disclose the report.
6) Finally a copy of the report itself.

I would like to make you aware that I have now talked to a number of residents and there is expressed concern about this matter, in particular the lack of transparency and what this means for planning applications past, present and future.

7) Therefore please can you confirm the details of the planning application(s) which allowed this the noisy installation and detail what investigations / analysis we're undertaken to assess the environmental impact in particular noise and publish these.

Yours faithfully,

Daniel Bayley

Cherwell District Council

PLEASE DO NOT REPLY TO THIS EMAIL, if you wish to contact us regarding your request please email [Cherwell District Council request email] and quote case reference 101001017089

Freedom of Information Act 2000 / Environmental Information Regulations 2004

The Council is dealing with your request for information in accordance with the above legislation. This means that it has 20 working days to respond to your request. Unless the Council does not have the information or determines that, if it has the information, it is not required to release it to you, the Council should send you the information requested, or a notification of the cost of supplying that information within 20 working days.

If you are provided with any information as a result of your request, you may be required to pay the Council's disbursements in providing that information. Disbursements consist of any costs arising from:

? Complying with your request for the information to be provided in a particular format;
? Reproducing the document (ie photocopy/ printing);
? Costs of postage or fax.

You will be notified of any disbursement costs once the Council is in a position to provide the information requested and the Council will not release the information until these costs have been paid. You will have 3 months from the date you are notified of the disbursement costs to pay such costs.

If the Council confirms that it has the information you have requested, but considers that it is not required to release it to you, you will be given a written notification detailing why the information is not being released.

In the event you need to contact the Council about your request, please email [Cherwell District Council request email] and quote case reference (system to insert reference).

Kind regards

Information Access Team (Email: [email address])

PLEASE DO NOT REPLY TO THIS EMAIL, if you wish to contact us regarding your request please email [Cherwell District Council request email] and quote case reference 101001017089

This e-mail (including any attachments) may be confidential and may contain legally privileged information. You should not disclose its contents to any other person. If you are not the intended recipient, please notify the sender immediately.

Whilst the Council has taken every reasonable precaution to minimise the risk of computer software viruses, it cannot accept liability for any damage which you may sustain as a result of such viruses. You should carry out your own virus checks before opening the e-mail(and/or any attachments).

Unless expressly stated otherwise, the contents of this e-mail represent only the views of the sender and does not impose any legal obligation upon the Council or commit the Council to any course of action.

Julie Godwin,

Dear Mr Bayley

 

Freedom of Information Act 2000

Reference 101001017089

 

Please find below the response to your request under the terms of the
Freedom of Information Act.

 

1.    The report was commissioned by Chiltern Railways.

2.    A noise consultant engaged by Chiltern Railways. The assessment was
undertaken overnight on 05/07/18 – 06/07/18.

3.    The report was commissioned and paid for by Chiltern Railways.

4.    The Head of Legal Services was consulted.  As the noise report was
submitted to the Council by Chiltern Railways in confidence and not for
public release the advice was that Section 41 (Information provided in
confidence) of the Freedom of Information Act 2000 applied to the request
and the noise report  could not  be provided.

5.    See 4 above.

6.    A copy of the report cannot be provided for the reason given in 4
above.

7.    The planning applications for this development are 14/01621/F and
 16/02386/F. A noise assessment was submitted with application 14/01621/F,
which was also relevant to application 16/02386/F and this was taken in to
account when the applications were considered.

 

The Council endeavours to answer requests for information as fully and
accurately as possible. If you are not satisfied with this response, you
may request an internal review by contacting the Information Governance
Manager at Cherwell District Council, Bodicote House, Bodicote, Banbury
OX15 4AA.  [1][email address] If following the
review you are still not satisfied with the Council’s response, you are
advised to contact the Information Commissioner directly at the
Information Commissioners Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF or on [2][email address].

 

Kind Regards

 

Trevor Dixon

Team Leader - Environmental Protection

South Northamptonshire Council and Cherwell District Council

01327 322279

[3][email address]

[4]www.southnorthants.gov.uk   [5]www.cherwell.gov.uk

 

This e-mail (including any attachments) may be confidential and may
contain legally privileged information. You should not disclose its
contents to any other person. If you are not the intended recipient,
please notify the sender immediately.
Whilst the Council has taken every reasonable precaution to minimise the
risk of computer software viruses, it cannot accept liability for any
damage which you may sustain as a result of such viruses. You should carry
out your own virus checks before opening the e-mail(and/or any
attachments).
Unless expressly stated otherwise, the contents of this e-mail represent
only the views of the sender and does not impose any legal obligation upon
the Council or commit the Council to any course of action.

References

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3. mailto:[email address]
4. http://www.southnorthants.gov.uk/
5. http://www.cherwell.gov.uk/