22 Briton Crescent - Date of Planning Application submission (20/06345/CONR)
Dear Croydon Borough Council,
The Council's website shows 8 December 2020 as the date on which it received this application, but the 'Documents' tab shows that by then, only four drawings (and an earlier decision) had been uploaded (by someone), and there was no application form.
In her response to a Stage 1 corporate complaint (CAS-258401), on 5 January 2021 the Council's Head of Development Management (Nicola Townsend) told me "... the applicant has now submitted a Section 73 for a Minor Material Amendment application which officers are reviewing to see if sufficient information has been received in order to make it valid."
In May 2021, I was informed by Heather Cheesbrough), that a planning application is only VALID from the day it is submitted with ALL the relevant plans, documents and fee. I would add, that according to the legislation, there also needs to be a fully completed application form and ownership certificate.
The required Application Form (and ownership certificate) finally arrived on the portal (along with 21 other documents) on 20 January 2021 and application 20/06345/CONR was validated the following day.
Fast-forward FOUR YEARS, and the long-awaited officer report (by Joe Sales), (to a 'Delegated Business Meeting' w/c 23 January 2024, rather than a planning committee), included the following:
"6.7 Officers have given full consideration to the timing of the submission ... As the application was submitted on the 8th of December 2020, it is concluded that the item in question had not been constructed prior to the date of the application submission, nor had the other items included within this application and is therefore prospective development in nature rather than retrospective."
The 'item in question' was the WHOLE of a prefabricated, 3-storey building. The relevance of the officers' conclusion was that the application should be considered solely under s.73 of the TCPA 1990 (as VARIATIONS to the permission granted in October 2018 for 18/04026/FUL) rather than under s.73A (as a 'new', RETROSPECTIVE application for the development that was already substantially complete).
It was on that basis that on 23 January 2024 (with most, if not all of the nine flats occupied), Ms Townsend finally approved the application.
+++ Please provide copies of all the information sent by the applicant (Amplo 1 Ltd) to the Council on (or before) 8 December 2020, regarding the planning application that would be given the reference 20/06345/CONR. The information provided should include (but not be restricted to) any relevant, completed application form (and ownership certificates) and evidence of fee payment.
+++ Please also confirm that the 'supporting letter' (with photographs) referred to at paragraph 6.7 is that dated 28 March 2023, uploaded to the website on 5 April 2023. If it is not, please provide a copy of that 'supporting letter'.
Yours faithfully,
Stephen Whiteside
Dear Croydon Borough Council,
The Council has not replied to this request promptly, as normally required by law.
If I do not have a substantive response by 28 March 2025, I will submit a complaint to the ICO.
Yours faithfully,
Stephen Whiteside
Information Team Croydon
Digital Services
Assistant Chief Executive Directorate
Bernard Wetherill House
7th Floor, Zone B
Croydon
CR0 1EA
Contact: Information Team
[email address]
NOTE: Please do not edit the subject line when replying to this email. If
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Dear Stephen Whiteside
FOI/11832
Subject: FOI - 22 Briton Crescent - Date of Planning Application
submission (20/06345/CONR)
Thank you for your e-mail. Please accept our apologies for the delay in
responding to you.
We can confirm that the relevant service who hold this information are
working on your request and are aware of the urgency and that it is now
overdue. We are monitoring its progress and as soon as we receive this
information from them we forward this onto you.
Your email has come into our Infreemation system that we use for FoIs and
has automatically been given a new ref number. This will be cancelled and
your email
will be merged into the current request F/11832. Please use this reference
in any correspondence regarding this request.
Should we have any further delays we will keep you informed.
Further information about your rights to information is available from the
Information Commissioner's Office at www.ico.org.uk
Kind Regard
Information Management Team
Croydon Digital Services
Assistant Chief Executive Directorate
7th Floor, Zone B
Bernard Weatherill House
8 Mint Walk
Croydon CR0 1EA
Stephen Whiteside left an annotation ()
The Information Commissioner has now contacted the Council and asked it to respond to this request within 10 working days. (1 May 2025)
ICO Case Reference: IC-374132-M4R7
Stephen Whiteside left an annotation ()
In the absence of a substantive response from the Council, the Information Commissioner has told them that one MUST be provided within 30 calendar days. "Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of FOIA and may be dealt with as a contempt of court."
ICO Case Reference Number: IC-374132-M4R7
Information Team Croydon
Digital Services
Assistant Chief Executive Directorate
Bernard Wetherill House
7th Floor, Zone B
Croydon
CR0 1EA
Contact: Information Team
[email address]
Dear Stephen Whiteside
Request FOI/11832
Environmental Information Regulations 2004
Your request has been considered under the provisions of the Environmental
Information Regulations 2004. Please accept our apologies for the delay in
responding to you. Specifically, you have requested the following
information:
+++ Please provide copies of all the information sent by the applicant
(Amplo 1 Ltd) to the Council on (or before) 8 December 2020, regarding the
planning application that would be given the reference 20/06345/CONR. The
information provided should include (but not be restricted to) any
relevant, completed application form (and ownership certificates) and
evidence of fee payment.
All information received by the council is available and dated on the
planning register. Therefore Regulation 6(1)(b) of the Environmental
Information Regulations applies where the requested information is already
publicly available and easily accessible to the applicant in another form
or format.
This means that the Council is relieved of the duty to communicate the
requested information to an applicant if there is an existing method by
which the information can be obtained, outside of the operation of the
Freedom of Information Act and Environmental Information Regulations.
Payment confirmation attached. Some information has been redacted as it
held information relating to individuals. Personal data is exempt from
disclosure under Regulations 12(3) and 13 of the Environmental Information
Regulations 2004
+++ Please also confirm that the supporting letter (with photographs)
referred to at paragraph 6.7 is that dated 28 March 2023, uploaded to the
website on 5 April 2023. If it is not, please provide a copy of that
supporting letter.
This is confirmed. No further information required.
The Council publishes Access to Information requests and responses on its
online Disclosure Log. (Any request included within this log will be
anonymised appropriately)
To view the Council’s Disclosure Log, please visit our website available
here:
[1]The Freedom of Information (FOI) Act | Croydon Council
(disclosure-log.co.uk)
If you are dissatisfied with the way the council has handled your request
under the Environmental Information Regulations you may ask for an
internal review. This should be submitted to us within 40 working days of
this response. You can do this by outlining the details of your complaint
by:
Email: [2][email address]
Writing: Information Team
London Borough of Croydon
Bernard Weatherill House
3^rd Floor - Zone E
8 Mint Walk
Croydon CR0 1EA
Any requests received after the 40 working day time limit will be
considered only at the discretion of the council.
If you are not content with the outcome of the internal review, you have
the right to apply directly to the Commissioner for a decision. The
Commissioner can be contacted at:
Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
SK9 5AF
Yours sincerely
Croydon Council
References
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1. https://croydon.disclosure-log.co.uk/
2. mailto:[email%20address]
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Stephen Whiteside left an annotation ()
I submitted a complaint to the ICO on 1 April 2025.
Now that Heather Cheesbrough no longer works for the Council, I understand that for 'town planning matters' (like this) the main contact is Nicola Townsend. Worth noting then that a letter (of acknowledgement)** from Ms Townsend, dated 26 January 2021 includes the following:
"Thank you for your application which I received on 21st January 2021 ..." (i.e. NOT 8 December 2020!).
** This letter was disclosed in response to a request for information in October 2021. Full details of that request can be found at the following address:
https://www.whatdotheyknow.com/request/2...