Property and Assets and Buildings

The request was refused by Aylesbury Vale District Council.

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

Records, Aylesbury Vale District Council

Dear Mr Patel

Thank you for your information request received on 29 July 2018.

We confirm receipt of your request for information and will handle it under the Freedom of Information Act 2000.

You can expect to receive a response by 24 August 2018.

Kind regards

Francisca Harpur
Senior Support Officer
Business Support & Enablement
Aylesbury Vale District Council
The Gateway
Gatehouse Road
Aylesbury
Bucks
HP19 8FF

Tel: 01296 585771

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Records, Aylesbury Vale District Council

Dear Mr Patel

 

Please accept our apologies that we have not been able to provide you with
a response by the deadline.

 

We would respectfully ask that we be granted another 20 working days (from
the date of the original deadline).  We currently consider the data to be
exempt from disclosure under S31 (1) (a) of the Freedom of Information Act
2000 (“the prevention or detection of crime”).  However, no decision as to
whether the public interest favours maintenance of the exemption or the
disclosure of the information has been reached.

 

You have obviously pointed out factors in favour of disclosure but as we
are the holders of the data, we shall need to undertake our own public
interest test.

 

We estimate that such a decision will be reached by 24 September 2018.

 

We should like to thank you for your patience and would like to apologise
for any inconvenience caused..

 

Kind regards

 

Francisca Harpur

Senior Support Officer

Business Support & Enablement

Aylesbury Vale District Council

The Gateway

Gatehouse Road

Aylesbury

Bucks

HP19 8FF

 

01296 585771

 

 

 

 

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Records, Aylesbury Vale District Council

Please accept our apologies that this is so late and for any inconvenience
caused.

To: Information Requester

 

RESPONSE TO INFORMATION REQUEST
This request was answered under the Freedom of Information (FOI) Act 2000

Thank you for your information request to Aylesbury Vale District Council
(AVDC).

 

AVDC owns four properties that are currently vacant – three in the HP20
postcode area and one in HP21.

 

We are not disclosing details of the exact addresses because we consider
such information “would, or would be likely to, prejudice - the prevention
or detection of crime” and therefore is exempt from disclosure under
Section 31 (1) (a). This exemption is subject to the Public Interest Test.
Please see below the factors in favour of withholding the data and those
in favour of disclosing them.

 

Factors in favour of maintaining the exemption:

 

a.The inherent public interest in the prevention of all crimes (even those
where the damage caused may be limited or the chances of securing a
conviction problematic);

b. The cost of securing properties vulnerable to squatting and repairing
damage resulting from it, whether that cost falls on the private or public
purse;

c. The cost of evicting squatters;

d. The potential detrimental impact on those directly affected by criminal
damage;

e. The impact on the community in the vicinity of a squatted property;

f. The problems faced by Council staff having to deal with squatting and
its consequences;

g. The impact on police resources.

 

Factors in favour of disclosure:

 

a.The need to ensure that the Council takes appropriate measures to bring
empty properties back into use;

b. The need for openness and transparency with regard to which empty
properties are owned by the Council.

 

We have concluded that the public interest in maintaining the exemption
outweighs the public interest in disclosure.

 

If you feel that your request has not been properly handled or if you are
dissatisfied with the outcome, you can request an internal review by
e-mailing us at [email address] or writing to us at the
address given below.

 

Please note that you have the right to make a complaint direct to the
Information Commissioner and details on how to do this are set out on the
Information Commissioner’s website:

[1]www.ico.org.uk 

 

The Information Commissioner, however, will normally expect a complainant
to have exhausted a public authority's internal review procedures first.

Copyright

The copyright in the material contained in this email (and any
attachments) is owned by Aylesbury Vale District Council unless otherwise
stated. The supply of documents under the Freedom of Information Act 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, for
example, by making multiple copies, publishing and issuing copies to the
public. Brief extracts of the material may be reproduced under the fair
dealing provisions of the Copyright, Designs and Patents Act 1988
(sections 29 and 30) for the purposes of research for non-commercial
purposes, private study, criticism, review and news. Authorisation to
re-use copyright material not owned by Aylesbury Vale District Council
should be sought from the copyright holders concerned. If in doubt, users
should contact us in the first instance.

 

Data Protection
AVDC is a Data Controller under the General Data Protection Regulation
(GDPR). We hold information for the purposes specified in our notification
to the Information Commissioner and may use this information for any of
them. We may receive information about you from other organisations, or we
may give information to them. If we do it will only be as the law permits,
to check the accuracy of information, to prevent fraud or detect crime, or
to protect public funds.

 

Kind regards

Francisca Harpur

Senior Support Officer

Business Support & Enablement
Aylesbury Vale District Council
The Gateway
Gatehouse Road
Aylesbury
Bucks 
HP19 8FF

Tel: 01296 585771

--------------------------------------------------------------------------

From: Viran Patel <[FOI #502965 email]>
Sent: Sunday, July 29, 2018 03:55 PM
To: Records
Subject: Freedom of Information request - Property and Assets and
Buildings FOI 7388
 
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:
[2]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

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