RE: Your request under the Environmental Information Regulations 2004

Case Reference: RFI 4623

Dear T Remmington and A McGovern

Thank you for your email dated 27 October 2021.

It will be treated as a request within the meaning of the Act: this means that we will send you a full response within 20 working days, either supplying you with the information which you want, or explaining to you why we cannot supply it.

If we need any further clarification or there is any problem we will be in touch.

Yours sincerely

Disclosures Team
Customer Relations and Information Governance
Compliance and Assurance Service
Cheshire West and Chester Council
Tel: 0300 123 8 123 (Customer Contact Centre)
Email: [email address]
Visit: www.cheshirewestandchester.gov.uk

Cheshire West and Chester Council is committed to ensuring the security and protection of the personal information that we process and to provide a compliant and consistent approach to data protection. To learn more about how we handle your personal information when you contact the Council’s Data Protection and Compliance Team, please see our Advice, Enquiries and Complaints Privacy Notice on the Council's website or ask for a copy of the notice to be sent to you.

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Dear Tracey Remmington,  

Thank you for your request for information of 27^th October 2021 which has
been logged as RFI 4623

Your request meets the definition of environmental information and has
therefore been answered under the Environmental Information Regulations
2004. 

Your request

Dear Cheshire West and Chester Council,

Please can you provide all communications (including, but not limited to,
notes on phone calls, emails, faxes, letters, advice notes and meetings,
etc.) relating to the planning applications (on the same site in Dark
Lane, Kingsley):  19/04448/FUL and 18/01294/FUL.

This includes any communication relating to these applications, such as
those between CWAC Planning officers, the local Ward Councillor, the
applicants, the agent and architect (Beeston Aspinall Architecture),
Kingsley Parish Council and all consultees (e.g. the PROW officers, the
Biodiversity Team, the Conservation Officers, Local Lead Flood Authority,
United Utilities, the Highways Team, all public commentators and any other
interested parties).

We confirm that Cheshire West and Chester Council does hold information
relating to your request.  

We can confirm that the amount of information you have requested would be
a huge undertaking for the service areas to firstly research and then
collate the required information. We have assessed the data located up to
now, assessed the scope of your request and unfortunately we are not able
to comply with your request as it creates a cost to the authority that is
unreasonable to be borne.

The Council is therefore excepting the information from disclosure under
the EIR as your request is considered Manifestly Unreasonable, as defined
by Regulation 12(4)(b) of the EIR.

Regulation 12(4)(b) states that a public authority may refuse to disclose
information to the extent that:

(b) the request is manifestly unreasonable.

We consider that to fulfil your request it would create costs that could
be considered unreasonable.

More information about regulation 12(4)(b) can be found on the Information
Commissioners Website on the following link:
[1]https://ico.org.uk/media/for-organisatio...

Using the FOIA fees limit as a guidance CWaC consider that your request
would take far more than 18 hours of officer time to fulfil, which is the
limit set by the (ICO) Information Commissioners Office when deciding what
is deemed as a reasonable timeframe for a local authority to undertake
answering a freedom of Information request.

We can advise you that as you have asked for ‘all communications’ relating
to 2 planning applications from a number of different council services and
other organisations and to date your request has already taken a number of
hours for officers to begin a search to see what information is held as
you are asking for a very large amount of information.

We have explored how Cheshire West and Chester Council may best assist you
to request relevant information which we hold by focussing on one area of
your request (for example, by refining your request firstly by a
reasonable date range and limiting it to certain council services. We may
be able to comply with a reduced request for information from our planning
service and information relating to the applicant.

Narrowing down the request would result in a reduced amount of records and
information to be assessed which may be able to be actioned within the
cost limit. as this stands it will be classed as manifestly unreasonable
and we are not able using the parameters of the FOI act to comply.

If you wish to narrow the scope of your request and resubmit a refined
request you can do so to [2][email address]

The Council considers that your request has been answered in full by
either confirming that information is not held, providing you with the
information requested, or explaining why any information has been withheld
and the reasons for any redaction. Where applicable, the Council has also
told you the reasons for the delay in responding to your request.

If you are unhappy with the way your request for information has been
handled you can request a review by writing to the Disclosures Team within
40 working days from the date of the Council’s response.

You are entitled to a review by the Council if:

·       You are dissatisfied with the Council’s explanation of why the
application was not dealt with within the 20 working day time limit.

·       All the information requested is not being disclosed and you have
not received an explanation why some information is not being disclosed.

·       A reason for the disclosures under the request being refused is
not received.

·       You consider that exemptions have been wrongly applied, and/or

·       You consider that a fee has been wrongly applied.

Please set out your grounds for seeking a review together with what
specific part of your request those grounds apply to and the outcome you
are seeking. The Council reserves the right to ask you for clarification
of the grounds for your review request if the grounds are not clear, and
to delay commencing the review if such grounds are not provided.

The Disclosures Team can be contacted by email via:
[3][Cheshire West and Chester Council request email] or at the following address:

Disclosures Team

Cheshire West and Chester Council

4 Civic Way

Ellesmere Port

CH64 0BE

The Disclosures Team will acknowledge a request for an internal review
within 5 working days and complete the review as soon as possible and no
later than 40 working days from receipt of the request.

More information about the Council’s internal review process can be found
via:

[4]http://www.cheshirewestandchester.gov.uk...

If you remain dissatisfied following the outcome of your review, you have
a right of appeal to the Information Commissioner at:

The Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Telephone: 08456 30 60 60 or 01625 54 57 45

Website: [5]www.ico.org.uk

There is no charge for making an appeal.

Yours sincerely

Disclosures Team – Customer Relations and Information

Cheshire West and Chester Council

Tel: 0300 123 8 123

Email: [6][email address]

Location: Cheshire West and Chester Council, 4 Civic Way, Ellesmere Port
CH65 0BE

Visit: cheshirewestandchester.gov.uk

ND (Fees)

Cheshire West and Chester Council is committed to ensuring the security
and protection of the personal information that we process and to provide
a compliant and consistent approach to data protection.  To learn more
about how we handle your personal information when you contact the
Council’s Data Protection and Compliance Team,  please see our [7]Advice,
Enquiries and Complaints Privacy Notice on the Council's website or ask
for a copy of the notice to be sent to you.

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References

Visible links
1. https://ico.org.uk/media/for-organisatio...
2. mailto:[email address]
3. mailto:[Cheshire West and Chester Council request email]
4. http://www.cheshirewestandchester.gov.uk...
5. http://www.ico.org.uk/
6. mailto:[email address]
7. https://www.cheshirewestandchester.gov.u...

Dear Tracey Remmington,

In relation to your request, which is being handled under Environmental
Regulations 2004;

Following our last response to you where we stated your request was
manifestly unreasonable under the EIR act 2004, it is noted you have now
refined your request, as seen below

Please can you provide all communications (including, but not limited to,
notes on phone calls, emails, faxes, letters, advice notes and meetings,
etc.) relating to the planning application: 19/04448/FUL.

This includes any communication relating to these applications, such as
those between CWAC Planning officers, the local Ward Councillor, the
applicants, the agent and architect (Beeston Aspinall Architecture),
Kingsley Parish Council and all consultees (e.g. the PROW officers, the
Biodiversity Team, the Conservation Officers, Local Lead Flood Authority,
United Utilities, the Highways Team, all public commentators and any other
interested parties).

Cheshire West and Chester Council confirms that it does hold information
covered by your request and this request may still be considered
manifestly unreasonable as there is still a very large amount of
information to research, collate and process. Also the release of this
information may be subject to further exceptions. However the disclosures
team will not be in a position to ascertain this until all the information
held is found, collated and examined to determine what can reasonably
released. Under Regulation 7 of the Environmental Regulations 2004, the
Council may extend the 20 working day deadline to a maximum of 40 working
days.

Regulation 7 states:

“7.—(1) Where a request is made under regulation 5, the public authority
may extend the period of 20 working days referred to in the provisions in
paragraph (2) to 40 working days if it reasonably believes that the
complexity and volume of the information requested means that it is
impracticable either to comply with the request within the earlier period
or to make a decision to refuse to do so.

The Council has also not yet reached a decision whether any exemption(s)
apply to the information. We now need further time in which to consider
the information.

We estimate that we will have reached a decision no later than 22nd
December 2021 and we will write to on or before this date.

If you are unhappy with the way your request for information has been
handled, you can request a review by writing to:

Disclosures Team – Customer Relations and Information

Cheshire West and Chester Council

Tel: 0300 123 8 123

Email: [1][email address]

Location: Cheshire West and Chester Council, 4 Civic Way, Ellesmere Port
CH65 0BE

Visit: cheshirewestandchester.gov.uk

Yours sincerely

Disclosures Team – Customer Relations and Information

Cheshire West and Chester Council.

Cheshire West and Chester Council is committed to ensuring the security
and protection of the personal information that we process and to provide
a compliant and consistent approach to data protection.  To learn more
about how we handle your personal information when you contact the
Council’s Data Protection and Compliance Team,  please see our [2]Advice,
Enquiries and Complaints Privacy Notice on the Council's website or ask
for a copy of the notice to be sent to you.

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References

Visible links
1. mailto:[email address]
2. https://www.cheshirewestandchester.gov.u...

Dear Tracey Remmington,

Thank you for your request for information of 27 October 2021 which has
been logged as RFI 4623

Your request meets the definition of environmental information and has
therefore been answered under the Environmental Information Regulations
2004. Following the extension of the 20 working day deadline we confirm we
are now in a position to respond.

For the purposes of clarity your request is reproduced below.

Please can you provide all communications (including, but not limited to,
notes on phone calls, emails, faxes, letters, advice notes and meetings,
etc.) relating to the planning applications (on the same site in Dark
Lane, Kingsley):  19/04448/FUL and 18/01294/FUL.

This includes any communication relating to these applications, such as
those between CWAC Planning officers, the local Ward Councillor, the
applicants, the agent and architect (Beeston Aspinall Architecture),
Kingsley Parish Council and all consultees (e.g. the PROW officers, the
Biodiversity Team, the Conservation Officers, Local Lead Flood Authority,
United Utilities, the Highways Team, all public commentators and any other
interested parties).

As this original request was deemed manifestly unreasonable we asked you
to narrow the request. You responded for all information relating to one
application 19/04448/FUL. This was still considered a large request but
the Disclosures Team confirm that all information held in the attached
redacted PDF bundle is all information held by the Council to address your
refined request. You will note below that we have enacted two exceptions
to the EIR 2004. These are Regulations 12 (5) F (interests of a person)
and regulation 12 (3) and 13 (redaction of personal information) This is
explained below.

Regulation 12(5)(f) EIR

Regulation 12(5)(f) EIR states that information is exempt from disclosure
if the interests of the person providing the information to the public
authority will be adversely affected by disclosure and that the public
interest in maintaining the exception outweighs the public interest in
disclosing the information. The Council considers that some of the
information contained within the bundle of documents attached, if
disclosed, could adversely affect the interests of a person.

The EIR states that the bias should be in favour of disclosure and that
this exception is subject to a public interest test. The Council is
required to consider the public interest factors which favour both the
disclosure and continued withholding of the requested information. The
Council is required to "weigh" the public interest factors it has
identified and to determine where the balance of the public interest lies.
The table below sets out reasons for disclosure and reasons for
non-disclosure:

Factors in favour of maintaining the Factors in favour of disclosure
exception
The interests of third parties who have Council business should be
not been approached should be taken into conducted in an open and
consideration as the disclosure of certain transparent manner HIGH
information or opinions may have adverse
effects on individuals HIGH
Third parties providing the information
were not under any legal duty to do so
HIGH
Where the disclosure of information
includes certain opinions of individuals
that if released, may cause a person harm
then a local authority owe that person a
duty of confidence. HIGH
Individuals have not consented to the
release of their comments/opinions via the
Environmental Information Regulation 2004
HIGH

There are more factors in favour of non-disclosure than in favour of
disclosure. In all the circumstances the Council consider that the public
interest in maintaining the exception outweighs the public interest in
disclosure and the public interest test is made out.

Regulation 12 (3) and 13

The Council also considers that some parts of the attached redacted bundle
of information is excepted from disclosure under Regulation 12(3) and
other ICO guidance which states information which includes personal data
where applicant is not the data subject, the personal data shall not be
disclosed otherwise than in accordance with regulation 13. This includes
members of the public and junior council officers, listed in the attached
correspondence.

For further information regarding the exception to disclose personal data
under Regulation 12 (3) and 13 EIR, please follow the below link to the
Information Commissioners Office website:
[1]https://ico.org.uk/media/for-organisatio...

There are also listed below links to attached publicly available
information in relation to this request, to assist with your request

Biodiversity report
[2]https://pa.cheshirewestandchester.gov.uk...

UU
[3]https://pa.cheshirewestandchester.gov.uk...

[4]https://pa.cheshirewestandchester.gov.uk...

Transport Assessments 
[5]https://pa.cheshirewestandchester.gov.uk...

And update
 [6]https://pa.cheshirewestandchester.gov.uk...

Any further information will be available on the planning website using
the planning reference numbers.

If you are unhappy with the way your request for information has been
handled you can request a review by writing to the Disclosures Team within
40 working days from the date of the Council’s response.

You are entitled to a review by the Council if:

·       You are dissatisfied with the Council’s explanation of why the
application was not dealt with within the 20 working day time limit.

·       All the information requested is not being disclosed and you have
not received an explanation why some information is not being disclosed.

·       A reason for the disclosures under the request being refused is
not received.

·       You consider that exemptions have been wrongly applied, and/or

·       You consider that a fee has been wrongly applied.

Please set out your grounds for seeking a review together with what
specific part of your request those grounds apply to and the outcome you
are seeking. The Council reserves the right to ask you for clarification
of the grounds for your review request if the grounds are not clear, and
to delay commencing the review if such grounds are not provided.

The Disclosures Team can be contacted by email via:
[7][Cheshire West and Chester Council request email] or at the following address:

Disclosures Team

Cheshire West and Chester Council

4 Civic Way

Ellesmere Port

CH64 0BE

The Disclosures Team will acknowledge a request for an internal review
within 5 working days and complete the review as soon as possible and no
later than 40 working days from receipt of the request.

More information about the Council’s internal review process can be found
via:

[8]http://www.cheshirewestandchester.gov.uk...

If you remain dissatisfied following the outcome of your review, you have
a right of appeal to the Information Commissioner at:

The Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Telephone: 08456 30 60 60 or 01625 54 57 45

Website: [9]www.ico.org.uk

There is no charge for making an appeal.

Yours sincerely

Disclosures Team – Customer Relations and Information

Cheshire West and Chester Council

Tel: 0300 123 8 123

Email: [10][email address]

Location: Cheshire West and Chester Council, 4 Civic Way, Ellesmere Port
CH65 0BE

Visit: cheshirewestandchester.gov.uk

PD (Ex)

Cheshire West and Chester Council is committed to ensuring the security
and protection of the personal information that we process and to provide
a compliant and consistent approach to data protection.  To learn more
about how we handle your personal information when you contact the
Council’s Data Protection and Compliance Team,  please see our [11]Advice,
Enquiries and Complaints Privacy Notice on the Council's website or ask
for a copy of the notice to be sent to you.

show quoted sections

References

Visible links
1. https://ico.org.uk/media/for-organisatio...
2. https://pa.cheshirewestandchester.gov.uk...
3. https://pa.cheshirewestandchester.gov.uk...
4. https://pa.cheshirewestandchester.gov.uk...
5. https://pa.cheshirewestandchester.gov.uk...
6. https://pa.cheshirewestandchester.gov.uk...
7. mailto:[Cheshire West and Chester Council request email]
8. http://www.cheshirewestandchester.gov.uk...
9. http://www.ico.org.uk/
10. mailto:[email address]
11. https://www.cheshirewestandchester.gov.u...