17/1950/FUL - Crown Road

T Hoy made this Freedom of Information request to Hertsmere Borough Council

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

The request was refused by Hertsmere Borough Council.

Dear Hertsmere Borough Council,

Apart from Crown Road garages, what other council owned garages are earmarked for development and what is the occupancy rate for those garages".

Yours faithfully,
T Hoy

foi, Hertsmere Borough Council

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foi, Hertsmere Borough Council

 

Dear T Hoy

 

I am writing in response to your Freedom of Information request received
20 November 2017.

Your request has now been considered under the terms of the Freedom of
Information Act and/or Environmental

Information Regulations and we are able to respond as follows:

 

Your request:

Apart from Crown Road garages, what other council owned garages are
earmarked for development and what is the occupancy rate for those
garages".

 

Our response:

HBC hold information relevant to your request but decline to disclose
under exemption 12(5) (e) of the Environmental Information Regulations
2004 (the confidentiality of commercial and industrial information where
such confidentiality is provided by law to protect a legitimate economic
interest)

In deciding to rely on this exemption, we have carried out a public
interest test and concluded the public interest in withholding the
requested information outweighs any competing public interest in its
disclosure.

 

Any development sites earmarked by the council for development will become
publically available information through the Planning/Consultation process
if and when formalised.

 

If you have any queries about the processing of your request then please
do not hesitate to contact me.  Further information explaining the
Council's process for responding to information requests together with a
complaints/appeals procedure is available in our reception or via our
website at:

 

http://www.hertsmere.gov.uk/councildemoc...

 

The Information Commissioner oversees the application of the Freedom of
Information Act.  You may contact the Information Commissioner at:

Information Commissioners Office

Wycliffe House, Water Lane

Wilmslow

Cheshire    SK9 5AF

Telephone: 01625 545700

Website:  www.informationcommissioner.gov.uk

 

Please include the above reference number on all correspondence related to
this request.

 

Thank you for your request.

 

Kind regards

Information Services

 

 

 

 

Dear foi,

In respect of the reply given to my request.
Could Hertsmere Borough Council please confirm :-
Who carried out the public interest test ? Names please
When was it carried out?
Where was it carried out (venue or area)?
How was it carried out?
What were the results/findings - figures please?

Yours sincerely,

T Hoy

foi, Hertsmere Borough Council

Dear T Hoy

 

I am writing in response to your Freedom of Information request received
19 December 2017.

Your request has now been considered under the terms of the Freedom of
Information Act and/or Environmental

Information Regulations and we are able to respond as follows:

 

Your request:

In respect of the reply given to my request.

Could Hertsmere Borough Council please confirm :- Who carried out the
public interest test ? Names please When was it carried out?

Where was it carried out (venue or area)?

How was it carried out?

What were the results/findings - figures please?

 

Our response:

The Council responds corporately to information requests, that is to say,
it the decision of the Council, not an individual officer.  Consequently,
the Council does not disclose the names of individual officers who have
contributed to the formulation of a response.  In any event such
information would constitute ' internal correspondence’ and internal
correspondence is not disclosable under the Environmental Information
Regulations 2004 - please see Regulation 12(4) (e).

 

As to the 'when' and 'where',  the Council is  required by the 2004
Regulations  to consider as part and parcel  of deciding whether  to apply
an exemption,  whether the public interest lies in  withholding  or
disclosing  some or all  of the requested information.   It follows  from
the Council's decision  in this case that it considered that the
information you requested  fell with the exemption  at Regulation 12
(5)(e) of the 2004 Regulations (which protects commercially sensitive
information from disclosure) and that it was in the public interest to
withhold all of that information from publication .

 

As to the 'how'  the advice of the  Information Commissioner is  for the
public authority to consider the  public interest factors  that favour
disclosure of the requested information and those that favour non-
disclosure - and to then carry out a balancing  exercise to resolve
whether the public interest lies disclosure or non- disclosure .

 

In this case the public interest factors that favoured disclosure included
the promotion of public understanding of how the Council obtains best
value from publically owned assets.  The public interest factors that
favoured withholding the requested information included the public
interest in the Council being able to protect commercially sensitive
information from disclosure where such disclosure could harm the Council’s
financial interests by, for example, adding hope or ransom value to
contiguous third party land. The Council also had regard to the fact that
if it intended to redevelop any of the garage sites in its ownership, it
would have to (as for Crown Road) obtain planning permission and that any
such application would be in the public domain where the persons likely to
be affected would have the right to be consulted and to register their
objections or support.  Moreover, as an application by the Council in
respect of its own land, it would have to be determined in public by the
democratically elected members of the planning committee, not by the
planning officers.  That being so, the Council considered that there was
only a  limited public interest  in the disclosure of information relating
to the earmarking  of garage sites for future development whereas there
was a  more substantial public interest  in the  Council  being able to
carry out preliminary development activities in private  such as
commissioning  feasibility  studies and conducting options appraisals  or
engaging  in pre-planning application consultations with the planning
officers before  presenting any  proposal to  the  Executive for approval
(via the Asset Management Panel)  and then to  the public  in the form of
a properly considered planning application.

 

Consequently,  the Council  determined that the overall public interest 
lay in withholding information relevant to your request  and applied the 
exemption  at  Regulation 12 (5)(e)  of the Environmental Information
Regulations 2004,

 

I trust that you find this information of assistance.

 

 

If you have any queries about the processing of your request then please
do not hesitate to contact me.  Further information explaining the
Council's process for responding to information requests together with a
complaints/appeals procedure is available in our reception or via our
website at:

http://www.hertsmere.gov.uk/councildemoc...

 

The Information Commissioner oversees the application of the Freedom of
Information Act.  You may contact the Information Commissioner at:

Information Commissioners Office

Wycliffe House, Water Lane

Wilmslow

Cheshire    SK9 5AF

Telephone: 01625 545700

Website:  www.informationcommissioner.gov.uk

 

Please include the above reference number on all correspondence related to
this request.

 

Thank you for your request.

 

Kind regards

Information Services