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Appeal APP/N5090/C/19/3229937

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Dear Planning Inspectorate,

Please can you disclose all case papers connected to Planning Inspectorate Appeal APP/N5090/C/19/3229937 which you hold.

Yours faithfully,
G Webber

PINS FOI Requests, Planning Inspectorate

Dear Sir or Madam
Thank you for your email.  We aim to respond to requests for information
within 20 working days.  If we need any further information from you, or
can't meet this deadline, then we will contact you to let you know.
Yours faithfully
Customer Quality Team
The Planning Inspectorate
Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN 
[1]https://www.gov.uk/government/organisati...
Twitter: @PINSgov
Email: [email address]
Complaints Line: 0303 444 5884

References

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1. https://www.gov.uk/government/organisati...

PINS FOI Requests, Planning Inspectorate

1 Attachment

Dear Mr Webber

Thank you for your email requesting information from the Planning Inspectorate, which we have considered under the Environmental Information Regulations 2004 (EIR).

The information that you are requesting is in respect of a live enforcement appeal proceeding via the inquiry method. In that respect the relevant procedural regulations for the inquiry are The Town and Country Planning (Enforcement)(Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002. In accordance with rule 6(13) the local planning authority are required to make the appeal case documents publicly available.

As there are already statutory requirements on the local planning authority to make this case information available, then the Inspectorate considers that this information is already accessible to you in light of your existing statutory rights (and EIR Regulation 6 refers). The Inspectorate is not separately resourced to provide you with these documents and doing so, in light of the Councils responsibilities, is considered manifestly unreasonable (EIR Regulation 12(4)(b) refers). However, if there is a particular reason why you cannot access the information through the local planning authority then please let me know and we will investigate further.

If you have any queries with this response then please let me know. Details of our review procedures - should you consider that we have breached the provisions of the EIR then details of our review procedures are attached.

Yours sincerely

Martin Long
Planning Inspectorate

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Dear PINS FOI Requests,

Thank you for your response. Unfortunately the local planning authority has *not* made the documents available on its planning portal. They are therefore not accessible to me and my request to you stands.

Yours sincerely,

G Webber

PINS FOI Requests, Planning Inspectorate

Dear Mr Webber

Thank you for your further email. The documents may not be made available by the Council on their online portal, but the obligation on them to make the documents available to the public for inspection and, where practicable, copying, remains. You will therefore need to contact the Council to exercise your statutory rights.

Yours sincerely

Martin Long
Planning Inspectorate

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Dear PINS FOI Requests,

Please conduct an internal review as I do not accept that having to travel to the Council’s offices from my home - one presumes during working hours - to view this information is an excessive burden. The ‘reasonably accessible’ exemption therefore does not apply.

Yours sincerely,

G Webber

Hendore, Gina, Planning Inspectorate

Dear Mr Webber

 

Our reference RF12508

Internal review of request for information in relation to enforcement
appeal at Hippodrome, 3 North End Road, London, NW11 7RP
APP/N5090/C/19/3229937

 

I refer to your request for an internal review dated 21 October 2019 in
relation to your previous request for information in respect of the above
enforcement appeal.

 

In my capacity as senior manager of the Customer Quality Team, I have
undertaken an internal review of how your request for information has been
processed under the Environmental Information Regulations 2004 (EIR),
given your view that ‘the reasonably accessible exemption therefore does
not apply’.

 

Under Regulation 11 of the EIR, I have considered your request
correspondence alongside the replies of the Customer Quality Team, any
relevant information and the circumstances that applied at the time of
your request, to decide if we have complied with the requirements of the
EIR and to provide you with an outcome of our review within 20 working
days.

 

The information that you requested is in relation to a live enforcement
appeal that is proceeding by the inquiry method. You were advised that the
relevant procedural regulations for the inquiry are The Town and Country
Planning (Enforcement)(Determination by Inspectors) (Inquiries Procedure)
(England) Rules 2002. In accordance with rule 6(13) of the regulations,
the local planning authority is required to make the appeal documents
publicly available. You were further advised that the Planning
Inspectorate considers that this information is already accessible to you
in light of your existing statutory rights (EIR Regulation 6 refers). You
were also advised that the Planning Inspectorate is not separately
resourced to provide you with these documents and doing so, in light of
local planning authority’s responsibilities, is considered manifestly
unreasonable (EIR Regulation 12(4)(b) refers).

 

Having reviewed the matter, it remains the case that the information you
have requested is accessible as per The Town and Country Planning
(Enforcement)(Determination by Inspectors) (Inquiries Procedure) (England)
Rules 2002. Whilst it may well be necessary for you to travel from your
home to the local planning authority’s office during working hours, the
statutory arrangements nonetheless provide you with the right of access.
Furthermore, the Planning Inspectorate is not resourced to provide parties
with individual responses, especially in cases such as this where there
are a large number of interested parties to the appeal. I also note that
the local planning authority wrote to interested parties on 30 October
2019 to notify them that the appeal had changed procedure and the deadline
for comments had been extended. In that letter, the local planning
authority also confirmed that the appeal documents were available for
inspection.

 

The internal review is now complete. I hope this response has been useful
in clarifying the position and confirm there is nothing further I can
usefully add. In the event of continued dissatisfaction, with either this
response or our previous responses, you may wish to contact the
Information Commissioner’s Office for their review. Further information is
available on their website: www.ico.org.uk.

 

Yours sincerely

 

Gina Hendore

Senior Customer Quality Manager

The Planning Inspectorate,

3H Hawk Wing, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1
6PN

 

[1]www.planningportal.gov.uk/planninginspectorate

Twitter: @PINSgov

Email: [2][email address]

Telephone: 0303 444 5580 (direct line) or 0303 444 5884 (general line)

 

This communication does not constitute legal advice.

 

Please view our Information Charter before sending information to the
Planning Inspectorate.

 

 

 

From: G Webber <[3][FOI #611884 email]>
Sent on: Monday, October 21, 2019 8:40:03 AM
To: PINS FOI Requests <[4][email address]>
Subject: RE: Freedom of Information request - Appeal
APP/N5090/C/19/3229937
   

 

Dear PINS FOI Requests,

 

Please conduct an internal review as I do not accept that having to travel
to the Council’s offices from my home - one presumes during working hours
- to view this information is an excessive burden. The ‘reasonably
accessible’ exemption therefore does not apply.

 

Yours sincerely,

 

G Webber

 

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We don't know whether the most recent response to this request contains information or not – if you are G Webber please sign in and let everyone know.