Asset of Community Value 2013

The request was partially successful.

Dear Broadland District Council,

On 5th March 2013, the GPO Sorting Office at 82b Lower Street, Salhouse NR13 6AD was placed on Broadland Council’s Asset of Community Value Register.
In respect the ACV process in 2013, I would like to submit the following request for information.

Request 1
• A copy of the 2013 community nomination documents sent by Salhouse Parish Council to Broadland District as set out in the requirements in Section 6 of The Assets of Community Value (England) Regulations 2012.

Request 2 - The Assets of Community Value (England) Regulations 2012.
• A copy of the due process documentation and/or reports created by BDC that facilitated the nominated asset onto the ACV register.

• Copies of all correspondence that discuss any issues/technicalities associated with registering 82b Lower Street, Salhouse as an ACV. This is limited to, correspondences internally within Broadland Council departments and correspondences between Broadland Council and the nominating parish council of Salhouse.

• An approximate time scale (in weeks) that the process took from nomination receipt to BDC official registration of 82b Lower Street on to its ACV list on 5th March 2013?

Request 3 – Removal of 72b Lower Street, Salhouse from BDC’s Asset Register
It is believed that in June 2014, the GPO Sorting Office at 82b Lower Street, Salhouse NR13 6AD was removed from Broadland Council’s Asset of Community Value Register.

• Please could it be confirmed on what date in June 2014 was the asset removed from the asset register?
• Please provide a copy of Broadland’s official decision notice for its removal.

Yours faithfully,

Martyn Wilkinson

Coronavirus: Due to the unprecedented challenges we are facing during the
coronavirus (COVID-19) pandemic, please expect delays with our response to
you whilst we divert resources during this extraordinary period.

Thank you for your request. We have to respond to Freedom of Information
Act (FOIA) requests within 20 working days and as soon as is reasonably
practicable, however please expect delays currently in light of the above.

However, please note that if your request relates to the following, this
email acts as a response to your request and you will not receive further
correspondence from us.

Information relating to Norfolk County Council:

If your request relates to any of the following, you should refer your
request to [1][email address] , as the County
Council is responsible for these services:

* Roads and Transport – potholes, road safety
* Education and Learning - schools
* Care, support and health - adult social care, blue badges
* Children and Families - adoption
* Libraries, local history and archives
* Trading Standards

Information that is published on our website:

If your request relates to the following information, I should advise that
this information is exempt under Section 21 (1) of the Freedom of
Information Act 2000, as the information is reasonably accessible via our
website: [2]www.broadland.gov.uk/transparency

* Council Budgets - refer to our Budget Books
* Contracts - refer to the Council’s Contract Register
* Business Rates - refer to details about all Business Rate accounts
* Staff - refer to the Senior Structure Chart
* Money spent - refer to data relating to spending over £250

In accordance with the FOIA this email acts as a Refusal Notice. In terms
of the exemption, you have a right of appeal against our decision. In the
first instance this appeal must be internal, and you can email
[3][Broadland District Council request email] to request a review.

Please do not reply to this message - replies to this message are routed
to an unmonitored mailbox.

References

Visible links
1. mailto:[email address]
2. https://www.broadland.gov.uk/transparency
3. mailto:[Broadland District Council request email]

Freedom of Information,

5 Attachments

Dear Martyn

 

I refer to your Freedom of Information request to which I am now in a
position to respond on behalf of Broadland District Council. My response
is outlined below along with your questions for ease of reference.

 

The following is the extract from the ACV register, which you may find of
additional interest in relation to your request:

 

Has the
council
applied to
the Land
Request Registry for
to be Appeals an entry or
Nominating Sale treated against cancellation
Ref Asset Community Date of Expiry Notification as a Listing listing of a
number Details Group Decision Decision Date Date bidder Review review restriction Comments
Salhouse
Post office
and
Convenience Salhouse 04
store NR13 Parish 05 March March Removed from Relevant
CAR/13/02 6AD Council Accepted 2013 2018 Register   No   No Disposal
Salhouse
sorting and
Delivery Salhouse 04
office NR13 Parish 05 March March Removed from Relevant
CAR/13/03 6AD Council Accepted 2013 2018 Register   No   No Disposal

 

 

I hope this is of assistance and is sufficient to meet your requirements,
but if for whatever reason you wish to get back to me, please feel free to
do so. In particular if you are unhappy with the information provided or
how your request was handled please let me know and I will explain how you
can request an internal review of our decision. 

 

Please quote BFOI 20-408 in any further correspondence concerning this
request.

 

Regards

 

Emma Goddard
Senior Governance Officer
t 01508 533943 e [1][email address]  

 

[3]cid:image002.jpg@01D59ED8.21766730 [6]cid:image005.jpg@01D59ED8.21766730
[2]cid:image001.jpg@01D5BFB7.EFCCBB70 [4]cid:image003.jpg@01D59ED8.21766730 [5]cid:image004.jpg@01D59ED8.21766730 [7]cid:image003.jpg@01D59ED8.21766730 [8]cid:image004.jpg@01D59ED8.21766730

This email and any attachments are intended for the addressee only and may
be confidential. If they come to you in error you must take no action
based on them, nor must you copy or show them to anyone. Please advise the
sender by replying to this email immediately and then delete the original
from your computer. Unless this email relates to Broadland District
Council or South Norfolk Council business it will be regarded by the
council as personal and will not be authorised by or sent on behalf of the
councils. The sender will have sole responsibility for any legal actions
or disputes that may arise. We have taken steps to ensure that this email
and any attachments are free from known viruses but in keeping with good
computing practice, you should ensure they are virus free. Emails sent
from and received by members and employees of Broadland District Council
and South Norfolk Council may be monitored. 

 

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Dear Ms Goddard

Freedom of Information Response - BFOI 20-408 - Clarification

Thank you for your prompt response. The response from Broadland District Council to all three questions is that the council 'does not hold the information I have requested'. However, it leaves me somewhat confused. Therefore, if Broadland would please clarify the following:

1. If Broadland District Council does not hold a copy of ACV documents relating to the 2013 nominations of 82 Lower Street & 82b Lower Street then is it the case:

- That in 2013, Salhouse Parish Council did NOT submit an official nomination?

Or
- That in 2013 Salhouse Parish Council submitted an official nomination but Broadland District Council have
not retained a copy and/or has destroyed the documentation?

2. Nomination WAS submitted by Salhouse Parish Council but documentation is not held and/or has been destroyed by Broadland District Council.
The ACV is an eight-week legal process with administrative milestones. It is understood that when Salhouse Parish Council's nomination was received by Broadland District Council a nomination end date was set.
- Please could it be clarified what end date Broadland District Council set for Salhouse Parish Council’s nomination.
- The date during the nomination process that Broadland District Council submitted form QQ to the Land Registry to register the ACV Restriction onto the title deeds of both 82 Lower Street and 82b Lower Street?

3. Nomination not Submitted by Salhouse Parish Council
If an official nomination does not exist because a nomination was NOT submitted by Salhouse Parish Council to Broadland District Council then please could it be clarified:
- without a nomination from Salhouse Parish Council how did Broadland District Council meet the requirements of Section 6 of the Assets of Community Value (England) Regulations 2012 and Section 88 of the Localism Act 2011?
- why does the 5.3.13 Cabinet Minutes confirm that a nomination was received from Salhouse Parish Council?

I would also be grateful if Broadland District Council's would provide a copy of its retention policy for ACV nominations and associated documentation.

Yours sincerely
Martyn Wilkinson

Coronavirus: Due to the unprecedented challenges we are facing during the
coronavirus (COVID-19) pandemic, please expect delays with our response to
you whilst we divert resources during this extraordinary period.

Thank you for your request. We have to respond to Freedom of Information
Act (FOIA) requests within 20 working days and as soon as is reasonably
practicable, however please expect delays currently in light of the above.

However, please note that if your request relates to the following, this
email acts as a response to your request and you will not receive further
correspondence from us.

Information relating to Norfolk County Council:

If your request relates to any of the following, you should refer your
request to [1][email address] , as the County
Council is responsible for these services:

* Roads and Transport – potholes, road safety
* Education and Learning - schools
* Care, support and health - adult social care, blue badges
* Children and Families - adoption
* Libraries, local history and archives
* Trading Standards

Information that is published on our website:

If your request relates to the following information, I should advise that
this information is exempt under Section 21 (1) of the Freedom of
Information Act 2000, as the information is reasonably accessible via our
website: [2]www.broadland.gov.uk/transparency

* Council Budgets - refer to our Budget Books
* Contracts - refer to the Council’s Contract Register
* Business Rates - refer to details about all Business Rate accounts
* Staff - refer to the Senior Structure Chart
* Money spent - refer to data relating to spending over £250

In accordance with the FOIA this email acts as a Refusal Notice. In terms
of the exemption, you have a right of appeal against our decision. In the
first instance this appeal must be internal, and you can email
[3][Broadland District Council request email] to request a review.

Please do not reply to this message - replies to this message are routed
to an unmonitored mailbox.

References

Visible links
1. mailto:[email address]
2. https://www.broadland.gov.uk/transparency
3. mailto:[Broadland District Council request email]

Emma Goddard,

5 Attachments

Dear Mr Wilkinson

 

I am now in a position to respond to your further points raised regarding
BFOI 20-408, as below.

 

1. If Broadland District Council does not hold a copy of ACV documents
relating to the 2013 nominations of 82 Lower Street & 82b Lower Street
then is it the case:

 

 

-           That in 2013, Salhouse Parish Council did NOT submit an
official nomination?

 

Or

-       That in 2013 Salhouse Parish Council submitted an official
nomination but Broadland District Council have not retained a copy and/or
has destroyed the documentation?

 

The ACV Register records that an application was received by Salhouse
Parish Council, as does relevant Cabinet documentation relating to the
meeting held on 5 March 2013. Therefore, this shows that the nomination
was received and is no longer held

 

 

2. Nomination WAS submitted by Salhouse Parish Council but documentation
is not held and/or has been destroyed by Broadland District Council.

 

The ACV is an eight-week legal process with administrative milestones. It
is understood that when Salhouse Parish Council's nomination was received
by Broadland District Council a nomination end date was set.

 

- Please could it be clarified what end date Broadland District Council
set for Salhouse Parish Council’s nomination. We do not hold this data –
no information is held with regard to an end date.

 

-  The date during the nomination process that Broadland District Council
submitted form QQ to the Land Registry to register the ACV Restriction
onto the title deeds of both 82 Lower Street and 82b Lower Street? We do
not hold this data

 

 

3. Nomination not Submitted by Salhouse Parish Council

 

If an official nomination does not exist because a nomination was NOT
submitted by Salhouse Parish Council to Broadland District Council then
please could it be clarified:

 

- without a nomination from Salhouse Parish Council how did Broadland
District Council meet the requirements of  Section 6 of the Assets of
Community Value (England) Regulations 2012 and Section 88 of the Localism
Act 2011?

- why does the 5.3.13 Cabinet Minutes confirm that a nomination was
received from Salhouse Parish Council?

The information we hold shows that a nomination was received from Salhouse
Parish Council (as detailed above).

 

I would also be grateful if Broadland District Council's would provide a
copy of its retention policy for ACV nominations and associated
documentation. The council’s Retention Policy does not include ACV
nominations, however the following applies:

 

ACV Register: retained indefinitely

Successful nominations that result in an ACV listing: all information will
be destroyed within one month of the expiry of ACV.

Successful nominations that result in an ACV listing, where the property
is sold within the 5-year listing period: all information to be destroyed
within one month of the original five-year expiry date of the ACV.

Unsuccessful nominations: all relevant information will be destroyed five
years after the date that the nomination is refused.

Withdrawn nominations: destroyed within one month of being withdrawn

 

I hope this provides further clarity and I apologise again for the
confusion caused by our original response.

 

Regards  

 

Emma Goddard
Senior Governance Officer
t 01508 533943 e [1][email address]  

 

[3]cid:image002.jpg@01D59ED8.21766730 [6]cid:image005.jpg@01D59ED8.21766730
[2]cid:image001.jpg@01D5BFB7.EFCCBB70 [4]cid:image003.jpg@01D59ED8.21766730 [5]cid:image004.jpg@01D59ED8.21766730 [7]cid:image003.jpg@01D59ED8.21766730 [8]cid:image004.jpg@01D59ED8.21766730

This email and any attachments are intended for the addressee only and may
be confidential. If they come to you in error you must take no action
based on them, nor must you copy or show them to anyone. Please advise the
sender by replying to this email immediately and then delete the original
from your computer. Unless this email relates to Broadland District
Council or South Norfolk Council business it will be regarded by the
council as personal and will not be authorised by or sent on behalf of the
councils. The sender will have sole responsibility for any legal actions
or disputes that may arise. We have taken steps to ensure that this email
and any attachments are free from known viruses but in keeping with good
computing practice, you should ensure they are virus free. Emails sent
from and received by members and employees of Broadland District Council
and South Norfolk Council may be monitored. 

 

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Dear Broadland District Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Broadland District Council's handling of my FOI request 'Asset of Community Value 2013'.

The nomination from SPC's 2013 is missing - there is only cabinet minutes. The nomination is a legal document and should be held as a record.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/a...

Yours faithfully,

Martyn Wilkinson

Thank you for your request. We have to respond to Freedom of Information
Act (FOIA) requests within 20 working days and as soon as is reasonably
practicable. You will therefore hear back from us as soon as possible.

However, please note that if your request relates to the following, this
email acts as a response to your request and you will not receive further
correspondence from us.

Information relating to Norfolk County Council:

If your request relates to any of the following, you should refer your
request to Norfolk County Council
[1]https://www.norfolk.gov.uk/what-we-do-an...,
as they are responsible for these services:

* Roads and Transport – potholes, road safety
* Education and Learning - schools
* Care, support and health – adult social care, blue badges
* Children and Families – adoption
* Libraries, local history and archives
* Trading Standards

Information that is published on our website:

If your request relates to the following information, I should advise that
this information is exempt under Section 21 (1) of the Freedom of
Information Act 2000, as the information is reasonably accessible via our
website: [2]www.broadland.gov.uk/transparency

* Council Budgets - refer to our Budget Books
* Contracts - refer to the Council’s Contract Register
* Business Rates - refer to details about all Business Rate accounts
* Staff - refer to the Senior Structure Chart
* Money spent - refer to data relating to spending over £250

In accordance with the FOIA this email acts as a Refusal Notice. In terms
of the exemption, you have a right of appeal against our decision. In the
first instance this appeal must be internal, and you can email
[3][Broadland District Council request email] to request a review.

Please do not reply to this message - replies to this message are routed
to an unmonitored mailbox.

References

Visible links
1. https://www.norfolk.gov.uk/what-we-do-an...
2. https://www.broadland.gov.uk/transparency
3. mailto:[Broadland District Council request email]

Freedom of Information,

Dear Martyn

Thank you for your email and request for an internal review. I will arrange for this to be conducted. This will be undertaken within the next 20 working days, therefore you will hear back from us by 3 March 2021 with the outcome of this review.

Regards

Emma Goddard
Senior Governance Officer
t 01508 533943 e [email address]  
 

This email and any attachments are intended for the addressee only and may be confidential. If they come to you in error you must take no action based on them, nor must you copy or show them to anyone. Please advise the sender by replying to this email immediately and then delete the original from your computer. Unless this email relates to Broadland District Council or South Norfolk Council business it will be regarded by the council as personal and will not be authorised by or sent on behalf of the councils. The sender will have sole responsibility for any legal actions or disputes that may arise. We have taken steps to ensure that this email and any attachments are free from known viruses but in keeping with good computing practice, you should ensure they are virus free. Emails sent from and received by members and employees of Broadland District Council and South Norfolk Council may be monitored. 

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Freedom of Information,

2 Attachments

Dear Martyn

Please find attached the decision notice resulting from the internal review of your request for information (FOI 20-408). In addition, in reviewing the documents held, the Reviewing Officer has located the Cabinet minutes from the meeting held 5 March 2013 and these are attached, as referred to in the Decision Notice.

If you are still dissatisfied, you can contact the Information Commissioner and I show below the contact details for your information:

Office of the Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

Tel: 0303 123 1113
Website: http://www.ico.org.uk

Regards

Emma Goddard
Senior Governance Officer
t 01508 533943 e [email address]  
 
This email and any attachments are intended for the addressee only and may be confidential. If they come to you in error you must take no action based on them, nor must you copy or show them to anyone. Please advise the sender by replying to this email immediately and then delete the original from your computer. Unless this email relates to Broadland District Council or South Norfolk Council business it will be regarded by the council as personal and will not be authorised by or sent on behalf of the councils. The sender will have sole responsibility for any legal actions or disputes that may arise. We have taken steps to ensure that this email and any attachments are free from known viruses but in keeping with good computing practice, you should ensure they are virus free. Emails sent from and received by members and employees of Broadland District Council and South Norfolk Council may be monitored. 

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