a copy of the ALC and all communication with CHSP Ltd

Lut Stewart made this Freedom of Information request to Kent County 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 partially successful.

Dear Kent County Council,


As you are no doubt aware, there is a presumption in favour of disclosure of information, even where information is considered to be confidential. Recent court decisions indicate that there is a strong public interest in the release of information held by public bodies.

Where a document is considered by KCC to contain confidential information, then KCC must provide a copy of the document if necessary with the relevant part blanked out, and cannot simply refuse to provide a copy of the document, letter, etc.

Information requested:

Please provide :
-a copy of the agricultural land classification (ALC) relating to the land proposed to be developed by Cleve Hill Solar Park Ltd in Graveney
-all the information held by KCC and/or officials of KCC as to any communication with, to, about or from representatives and employees acting on behalf of the Cleve Hill Solar Park Ltd (CHSP Ltd) proposed development in Graveney.

I trust that you are fully aware of KCC's obligation under the Act and/or the Regulations and I look forward to receiving the information and documents requested above within the statutory limits, or preferably before.

Yours faithfully,

Lut Stewart


Information request
Our reference: 4619466


Dear Sir/Madam
Freedom of Information Act 2000
Thank you for your email which we received on 7 January 2019.
Kent County Council acknowledges your request for information under 
the Freedom of Information Act 2000.  Assuming KCC holds this information,
we will endeavour to supply the data to you as soon as possible but no
later than 1 February 2019 (20 working days from date of receipt).
We will advise you as soon as possible if we do not hold this information
or if there are exemptions to be considered and/or any costs for providing
the information.
Please quote our reference - 4619466 in any communication regarding this
particular request.
Yours faithfully
Kelly Leeson
Strategic and Corporate Services

NOTE: Please do not edit the subject line when replying to this email.

Dear Kent County Council,

I requested a copy of the ALC relating to the land proposed to be developed on Cleve Hill.
This response has not arrived and this delay is not acceptable as you are required to respond promptly. Please can you give this your urgent attention ,

Yours sincerely,

Lut Stewart

Kent County Council

20 Attachments

Dear ‎Mr Stewart,


Freedom of Information Act 2000


Thank you for your request for information made under the Freedom of
Information Act (FOIA) 2000, relating to Cleve Hill Solar Park. Please
accept my sincerest apologies for the delay in responding to you; I
appreciate that the Council have not complied with statutory timescales on
this occasion. Please see the response below and attached:


 1. The requested Agricultural Land Classification (ALC) is led by Cleve
Hill Solar Park Ltd and was submitted as part of the DCO application
[1]here in November 2018.


 2. As part of the DCO process, KCC is a statutory consultee and has
responded to each stage of the NSIP process as requested. The
information relevant to KCC and Cleve Hill Solar Park Ltd is listed


 a. Requests for and response to the SoCC;
 b. Requests for and responses to the Scoping Consultation;
 c. Section 42 (PEIR) request and response;
 d. Acceptance of application and adequacy of consultation; and
 e. Notice of acceptance.


Question 2 is considered to be an unreasonable request, as it would
involve all communication between a lot of KCC officers for over two years
(dating back from April 2017). This would require an amount of officer
time to process and collate information that would certainly exceed the
appropriate limit of £450 (18 hours @ £25 per hour), so under section 12
of the Freedom of Information Act, we are not obliged to deal with this
element of your request. The vast amount of correspondence would require a
number of days to collate and would be an unreasonable and excessive use
of officer time. The correspondence relates to and informs the formal
submissions that KCC has made in relation to this project, which are


This statement is wholly in respect of the nature of the request and the
impact of dealing with it, and not any adverse effect that might arise
from disclosure of the content of the information requested. I would
request therefore that the enquirer refines the scope of the request.


If you are unhappy with this response, and believe KCC has not complied
with legislation, you have 40 working days from the date of this response
to ask for a review. You can do this by following our complaints process;
details can be found at this link
on our website. Please quote reference 4619466.



If you remain dissatisfied following an internal review, you can appeal to
the Information Commissioner, who oversees compliance with the Freedom of
Information Act 2000. Details of what you need to do, should you wish to
pursue this course of action, are available from the Information
Commissioner’s website [3]http://ico.org.uk/concerns



Yours sincerely,




Carly Wattle | Information Access Officer | Information Resilience &
Transparency Team | Kent County Council | Room 2.87, Sessions House,
Maidstone, ME14 1XQ | Phone 03000 417061 | Fax 03000 420303 |[4]Access to
Information | Please see our [5]Information Rights Privacy Notice for
details of how we process your personal data in line with our data
protection obligations.



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