Property and Assets and Buildings
Dear Organisation,
I would like to know a full list of Vacant Properties held by your organisation and any of its subsidiaries.
If possible their market value for sale or to let, whether they would be considered for a community asset transfer, if not then whether they are for sale or to let. In a clear and easy to read format. It would be supportive if the property is for sale or to let that it is listed on here too: https://e-pims.cabinetoffice.gov.uk/gove... and that you inform us of this intention or such listing in the request.
In the previous case in Voyias v IC and LB Camden (EA/201v1/0007), the requesters asked for substantially similar information, and the judge favoured disclosure. I appreciate the circumstances here are quite different, but the same principles should apply.
I understand there is a risk that your empty properties would be targeted by squatters should this the list of empty properties be public, but this is a very slim risk. The prejudice to law enforcement should be real, likely and substantial, as per Hogan v the ICO and Oxford City Council. I can assure you that my request is not sent in order to cause trouble for the authority, it is predominantly for my own research, with publication as part of campaigning materials. I am concerned at the sale of public assets, not a not an advocate for their illegal occupation. I would also say that I cannot imagine the disclosure of this list of properties to significantly affect a squatting problem that pre-existed my interest in the organisation. Overall the prejudice to law enforcement is very slim, and not severe. Since 12 months will be the time that this information will be released onto this site, unless others request this information separately. The requester is not liable for any issues that may arise in between or after.
It is in the public interest and transparency that this information is made publicly available under the public sector duty under the equality act allowing people to know of this information and make use of it under the Community Asset Transfer scheme and under the Human Rights Act Article 11 enabling the community to gather and make decisions on the allocation of such assets.
Yours faithfully,
Viran Patel
Classification: OFFICIAL
Dear Mr Patel,
Thank you for making a request for information to the London Borough of Enfield.
We are aiming to respond to your request within 20 working days and will let you know if we hold the information you requested and if we can release it under the Freedom of Information Act 2000.
We are now making an initial assessment of your request and we will contact you if any clarification is needed.
If you have any queries regarding your request, please contact us at [Enfield Council request email] quoting your reference CRM FOI 4424
Kind regards,
Shaleena Burahee
Complaints and Access to Information Coordinator – Gateway Services Finance, Resources and Customer Services Department Enfield Council Thomas Hardy House
39 London Road
Enfield
EN2 6DS
Dear Viran Patel,
Thank you for your email dated 29 July 2018 where you requested
information about a full list of vacant properties held by Enfield Council
and any of its subsidiaries. I apologise for the delay in responding.
I can confirm that the Council holds this information. This information is
exempt under section(s) 31 and 43 of the Freedom of Information Act and is
therefore being withheld.
Section 31 of the Freedom of Information Act applies to this request. This
section provides that information is exempt from disclosure if such
disclosure would prejudice the “prevention or detection of crime”. Putting
the addresses of empty properties (residential or otherwise) within the
Borough into the public domain would, in the Authority’s view, compromise
the security of the buildings concerned and would prejudice the objectives
of preventing criminal behaviour. We consider there is a significant risk
that releasing details of empty properties might lead to burglary, arson
or squatting. Within the borough there have been occasions recently when
fires have been set in empty properties. In relation to domestic and
commercial empty properties, there is also known use of such empty
properties to commit benefit fraud, identity fraud and money laundering.
Section 31 is a qualified exemption to which the public interest test must
be applied. There do not appear to be any obvious public interest
considerations that would weigh in favour of disclosure beyond that
wherever possible it is in the public interest for them to have access to
information. There is however in our view clear public interest
considerations that weigh in favour of not disclosing the information
since to do so would prejudice the objective of prevention of crime which
is of course in everyone’s interests.
We have withheld the information under Section 43(1)(2) of the Freedom of
Information Act. Under Section 43, information is exempt from disclosure
if releasing it would, or would be likely to prejudice the commercial
interests of any person (including the public authority holding it). In
our view, disclosure of the list of vacant commercial assets would be
likely to subject these assets to potential trespass and expose the
Council to financial and potential legal risk from a Corporate Landlord
Perspective; not to mention prejudice potential future opportunities to
lease the premise and consequently weaken the Councils bargaining position
in the market place.
Section 43 is a qualified exemption therefore we have to consider the
public interest in disclosure. We acknowledge that the public interest is
served by promoting transparency by public authorities for decisions taken
by them so that individuals can understand the basis of those decisions
and, in some cases, assisting individuals in challenging them. However, in
this instance, we consider that there is a greater public interest in
protecting the confidentiality of commercially sensitive information,
which could, if disclosed, damage the Councils’ commercial interests and
potentially undermine the Council’s ability to underpin our forthcoming
estate strategy where all assets will be under review Therefore, we have
decided that in this case the public interest lies in favour of
withholding the requested information.
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:
Complaints and Access to Information Team
Email – [1][Enfield Council request email]
Please remember to quote the reference number above in any future
communications.
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
Kind Regards
Karen Maguire
Acquisitions & Development Surveyor
Strategic Property Services
Civic Centre
Enfield EN1 3XB
e.mail: [2][email address]
telephone: 0208 379 2495
[mobile number]
Enfield Council is committed to serving the whole borough fairly,
delivering excellent services & building strong communities
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Dear Viran Patel,
Thank you for your email dated 29 July 2018 where you requested
information about a full list of vacant properties held by Enfield Council
and any of its subsidiaries. I apologise for the delay in responding.
I can confirm that the Council holds this information. This information is
exempt under section(s) 31 of the Freedom of Information Act and is
therefore being withheld.
Section 31 of the Freedom of Information Act applies to this request. This
section provides that information is exempt from disclosure if such
disclosure would prejudice the “prevention or detection of crime”. Putting
the addresses of empty properties (residential or otherwise) within the
Borough into the public domain would, in the Authority’s view, compromise
the security of the buildings concerned and would prejudice the objectives
of preventing criminal behaviour. We consider there is a significant risk
that releasing details of empty properties might lead to burglary, arson
or squatting. Within the borough there have been occasions recently when
fires have been set in empty properties. In relation to domestic and
commercial empty properties, there is also known use of such empty
properties to commit benefit fraud, identity fraud and money laundering.
Section 31 is a qualified exemption to which the public interest test must
be applied. There do not appear to be any obvious public interest
considerations that would weigh in favour of disclosure beyond that
wherever possible it is in the public interest for them to have access to
information. There is however in our view clear public interest
considerations that weigh in favour of not disclosing the information
since to do so would prejudice the objective of prevention of crime which
is of course in everyone’s interests.
In our view, disclosure of the list of vacant commercial assets (which can
describe areas of land/sites as well as individual properties) would be
likely to result in a higher risk of criminal activity in relation to
those assets, in particular, anti-social behaviour, unlawful incursions
and fly-tipping, which cost the tax-payer large sums of money to
remedy. Enfield Council has been particularly vulnerable to this type of
criminal activity and despite putting legal injunctions in place, is still
suffering significant costs. The risk and cost is real and demonstrable in
Enfield’s case, and therefore not deemed to be ‘slim’ as per your request.
Therefore the release of this information would both affect the Council
itself and the public negatively, in terms of both cost and risk of
further criminal activity.
The Council can direct you to online information which gives details of
Council property currently being marketed to let by the council’s Property
Team. Please go to
[1]https://new.enfield.gov.uk/services/plan...
for further information.
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:
Complaints and Access to Information Team
Email – [2][Enfield Council request email]
Please remember to quote the reference number above in any future
communications.
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
Kind Regards
Nancy Wilson
(Complaints and Access to Information Team)
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