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Planning permission rejections due to protected species in England

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Dear Derbyshire Dales District Council,

I'm writing to enquire about the following information in relation to your Local Planning Authority.

I would like to know:

• How many planning permission requests were received last year?
• How many planning permission requests were rejected last year?
• How many planning permission requests were rejected due to protected species?
• Of these, how many were rejected due to: badgers, bats, birds, dormice, newts, invertebrates, natterjack toads, otters, reptiles, water voles, white-clawed crayfish, or other?

Yours faithfully,

John Griffiths, Cardiff

FOI Team, Derbyshire Dales District Council

Thank you for your request for information under the Freedom of
Information Act 2000 received on 11/04/2022, which has been passed to the
relevant section.

We aim to respond to all requests in a timely and prompt way and the
latest date for our response to your request for information should be on
or before 12/05/2022.

If you have any queries about this request please do not hesitate to
contact [Derbyshire Dales District Council request email]. Please quote reference number
FOI/5990/22 in any future correspondence.
 
[1]cid:image002.png@01D357B8.FA82EE40  All personal information provided
to Derbyshire Dales District Council will be held and treated in
confidence in accordance with the Data Protection Act 1998. It will only
be used for the purpose it was given. Some personal data may be shared
with trusted partners such as Serco and Arvato to enable the Council to
respond your request.

Yours sincerely
FOI\EIR Team

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The views expressed in this e-mail are personal and may not necessarily reflect those of Derbyshire Dales District Council, unless explicitly stated otherwise.

This e-mail, and any files transmitted with it, is confidential and intended for the sole use of the addressee. The unauthorised use, disclosure or copying of the e-mail is strictly prohibited.

Information on how Derbyshire Dales District Council use your data and our Privacy Policy can be found at http://www.derbyshiredales.gov.uk/your-c...

If you are not the intended recipient of this e-mail, please notify the sender immediately and delete and destroy any copies as soon as possible.
All traffic may be subject to recording and/or monitoring in accordance with relevant legislation

Whilst Derbyshire Dales District Council tries to ensure that emails and attachments are virus free, this cannot be guaranteed and the Council cannot accept responsibility for situations where this is not the case.
The recipient is advised to ensure that they are actually virus free in accordance with good computing practice.

Information communicated to the council may be disclosed to the public under the Freedom of Information Act 2000.
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References

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FOI Team, Derbyshire Dales District Council

Dear John Griffiths

Thank you for your recent request for information under the Freedom of
Information Act 2000. The answer to your question is as follows:

Section 12 of the Freedom of Information Act 2000 allows a public
authority to refuse a request if the cost of providing the information to
the applicant would exceed the ‘appropriate limit’ as defined by the
Freedom of Information and Data Protection (Appropriate Limit and Fees)
Regulations 2004:

“12 Exemption where cost of compliance exceeds appropriate limit

(1) Section 1(1) does not oblige a public authority to comply with a
request for information if the authority estimates that the cost of
complying with the request would exceed the appropriate limit”.

 

The Regulations provide that the appropriate limit to be applied to
requests received by local authorities is £450 (equivalent to 2.5 days of
work).  In estimating the cost of complying with a request for
information, an authority can only take into account any reasonable costs
incurred in:

“(a) determining whether it holds the information,

(b) locating the information, or a document which may contain the
information,

(c) retrieving the information, or a document which may contain the
information, and

(d) extracting the information from a document containing it”.

For the purposes of the estimate the costs of performing these activities
should be estimated at a rate of £25 per hour.

We believe that the cost of collating the information in order to respond
to your request would exceed the threshold of £450.00 as defined by the
Freedom of Information and Data Protection (Appropriate Limit and Fees)
Regulations 2004, as we are unable to extract this data from our
electronic system. In order to provide you with the requested data we
would need to manually check the application documentation for a
significant numbers of planning applications decided within the given
period. We estimate it would take in excess of 200 hours for this task to
be undertaken. Therefore, we are refusing your request under section 12 of
the Freedom of Information Act 2000.  

Under Section 16 of the Freedom of Information Act 2000, the duty to
provide advice and assistance to persons who have made request for
information, Derbyshire Dales District Council can offer the following
advice in relation to your request:

Planning application documentation, details of the assessment of the
application (including impact on protected species and decisions to refuse
planning permission due to protected species) can be viewed on the
Council’s website using the link below and can be filtered by date and
decision type under the advanced tab as desired.

[1]https://planning.derbyshiredales.gov.uk/...

This response has been provided by

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to: James McLaughlin, Director
of Corporate and Customer Services, Town Hall, Matlock Derbyshire DE4 3NN.

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.
 
[2]cid:image002.png@01D357B8.FA82EE40  All personal information provided
to Derbyshire Dales District Council will be held and treated in
confidence in accordance with the Data Protection Act 1998. It will only
be used for the purpose it was given. Some personal data may be shared
with trusted partners such as Serco and Arvato to enable the Council to
respond your request.

Yours sincerely
Caroline Leatherday

Freedom of Information Officer
Derbyshire Dales District Council
Town Hall | Matlock | Derbyshire, DE4 3NN
tel (01629) 761100 | fax (01629) 761148

To renew your garden waste subscription or to subscribe for the first time in 2022/23 do it online at www.derbyshiredales.gov.uk/gardenwaste

Sign up for our free email updates at www.derbyshiredales.gov.uk/enewsreg

The views expressed in this e-mail are personal and may not necessarily reflect those of Derbyshire Dales District Council, unless explicitly stated otherwise.

This e-mail, and any files transmitted with it, is confidential and intended for the sole use of the addressee. The unauthorised use, disclosure or copying of the e-mail is strictly prohibited.

Information on how Derbyshire Dales District Council use your data and our Privacy Policy can be found at http://www.derbyshiredales.gov.uk/your-c...

If you are not the intended recipient of this e-mail, please notify the sender immediately and delete and destroy any copies as soon as possible.
All traffic may be subject to recording and/or monitoring in accordance with relevant legislation

Whilst Derbyshire Dales District Council tries to ensure that emails and attachments are virus free, this cannot be guaranteed and the Council cannot accept responsibility for situations where this is not the case.
The recipient is advised to ensure that they are actually virus free in accordance with good computing practice.

Information communicated to the council may be disclosed to the public under the Freedom of Information Act 2000.
Do you really need to print out this e-mail? Be Green - keep it on the screen

References

Visible links
1. https://planning.derbyshiredales.gov.uk/...

FOI Team, Derbyshire Dales District Council

Dear John Griffiths

Thank you for your recent request for information under the Freedom of
Information Act 2000. The answer to your question is as follows:

Section 12 of the Freedom of Information Act 2000 allows a public
authority to refuse a request if the cost of providing the information to
the applicant would exceed the ‘appropriate limit’ as defined by the
Freedom of Information and Data Protection (Appropriate Limit and Fees)
Regulations 2004:

“12 Exemption where cost of compliance exceeds appropriate limit

(1) Section 1(1) does not oblige a public authority to comply with a
request for information if the authority estimates that the cost of
complying with the request would exceed the appropriate limit”.

 

The Regulations provide that the appropriate limit to be applied to
requests received by local authorities is £450 (equivalent to 2.5 days of
work).  In estimating the cost of complying with a request for
information, an authority can only take into account any reasonable costs
incurred in:

“(a) determining whether it holds the information,

(b) locating the information, or a document which may contain the
information,

(c) retrieving the information, or a document which may contain the
information, and

(d) extracting the information from a document containing it”.

For the purposes of the estimate the costs of performing these activities
should be estimated at a rate of £25 per hour.

We believe that the cost of collating the information in order to respond
to your request would exceed the threshold of £450.00 as defined by the
Freedom of Information and Data Protection (Appropriate Limit and Fees)
Regulations 2004, as we are unable to extract this data from our
electronic system. In order to provide you with the requested data we
would need to manually check the application documentation for a
significant numbers of planning applications decided within the given
period. We estimate it would take in excess of 200 hours for this task to
be undertaken. Therefore, we are refusing your request under section 12 of
the Freedom of Information Act 2000.  

Under Section 16 of the Freedom of Information Act 2000, the duty to
provide advice and assistance to persons who have made request for
information, Derbyshire Dales District Council can offer the following
advice in relation to your request:

Planning application documentation, details of the assessment of the
application (including impact on protected species and decisions to refuse
planning permission due to protected species) can be viewed on the
Council’s website using the link below and can be filtered by date and
decision type under the advanced tab as desired.

[1]https://planning.derbyshiredales.gov.uk/...

This response has been provided by

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to: James McLaughlin, Director
of Corporate and Customer Services, Town Hall, Matlock Derbyshire DE4 3NN.

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.
 
[2]cid:image002.png@01D357B8.FA82EE40  All personal information provided
to Derbyshire Dales District Council will be held and treated in
confidence in accordance with the Data Protection Act 1998. It will only
be used for the purpose it was given. Some personal data may be shared
with trusted partners such as Serco and Arvato to enable the Council to
respond your request.

Yours sincerely
Caroline Leatherday

Freedom of Information Officer
Derbyshire Dales District Council
Town Hall | Matlock | Derbyshire, DE4 3NN
tel (01629) 761100 | fax (01629) 761148

To renew your garden waste subscription or to subscribe for the first time in 2022/23 do it online at www.derbyshiredales.gov.uk/gardenwaste

Sign up for our free email updates at www.derbyshiredales.gov.uk/enewsreg

The views expressed in this e-mail are personal and may not necessarily reflect those of Derbyshire Dales District Council, unless explicitly stated otherwise.

This e-mail, and any files transmitted with it, is confidential and intended for the sole use of the addressee. The unauthorised use, disclosure or copying of the e-mail is strictly prohibited.

Information on how Derbyshire Dales District Council use your data and our Privacy Policy can be found at http://www.derbyshiredales.gov.uk/your-c...

If you are not the intended recipient of this e-mail, please notify the sender immediately and delete and destroy any copies as soon as possible.
All traffic may be subject to recording and/or monitoring in accordance with relevant legislation

Whilst Derbyshire Dales District Council tries to ensure that emails and attachments are virus free, this cannot be guaranteed and the Council cannot accept responsibility for situations where this is not the case.
The recipient is advised to ensure that they are actually virus free in accordance with good computing practice.

Information communicated to the council may be disclosed to the public under the Freedom of Information Act 2000.
Do you really need to print out this e-mail? Be Green - keep it on the screen

References

Visible links
1. https://planning.derbyshiredales.gov.uk/...

We don't know whether the most recent response to this request contains information or not – if you are John Griffiths please sign in and let everyone know.