Dear M C Rands
 
Freedom of Information Act 2000
 
 
Thank you for your request for information that was received on 8 November
2024. It is being handled under reference 53198549.
 
We are dealing with your request and we aim to send a response within 20
working days from the date we received your request.
 
For further information regarding FOI requests, please visit
[1]https://ico.org.uk/your-data-matters/off...
 
If you have any further queries about your request please contact
[2][email address].
 
 
Yours sincerely
 
 
Disclosures Team
 
NOTE: Please do not edit the subject line when replying to this email.
 
Bristol City Council
This email contains proprietary confidential information some or all of
which may be legally privileged and/or subject to the provisions of
privacy legislation. It is intended solely for the addressee. If you are
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disseminate the information contained within this e-mail. Please notify
the author immediately by replying to this email. Any views expressed in
this email are those of the individual sender, except where the sender
specifically states these to be the views of Bristol City Council.
 
This email has been scanned for all viruses and all reasonable precautions
have been taken to ensure that no viruses are present. Bristol City
Council cannot accept responsibility for any loss or damage arising from
the use of this email or attachments.

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Dear M C Rands

Environmental Information Regulations 2004 

Thank you for your information request which we received on 08/11/24. 

We have processed your request under the Environmental Information
Regulations 2004 ('EIR'), as the information requested is environmental
according to the definition in regulation 2 of the EIR. Section 39 of the
Freedom of Information Act 2000 ('the Act') exempts environmental
information from the Act but requires us to consider it under the EIR. 

We repeat your original request here for ease of reference: 

Please may I see the application or correspondence from Bristol City
Council or Goram Homes, for Brownfield Land Release Funding at the Baltic
Wharf Caravan Club Park.

We can confirm that Bristol City Council holds information in the scope of
your request. However, we are refusing this request on the following
grounds: 

Regulation 12(4)(b): 'Manifestly unreasonable' on the grounds of costs or
diversion of resources 

Regulation 12(4)(b) of the EIR allows public authorities to refuse a
request for information that is 'manifestly unreasonable' and where the
cost or burden of dealing with the request would be too great. The request
has been assessed as being 'manifestly unreasonable'. This is because to
provide copies of the application and correspondence referred to will take
an excessive amount of time. To comply with your request, we require to
clarify whether you would like us to disclose the application or the
correspondence. 

To help us reach this decision we have completed an assessment of the time
it would take to comply with both elements your request. 

Collating all relevant correspondence and records of all meetings within
scope of your request, and considering related disclosure with all
relevant stakeholders, will take an excessive amount of time. 

This activity, in addition to considering your request and preparing a
formal response, would take in excess of 24 hours of officer time to
comply with, which is considered 'manifestly unreasonable'. 

Public Interest Test 

In engaging the Regulation 12(4)(b) exception of the EIR a public interest
test is required. All exceptions under the EIR are subject to a public
interest test which means that consideration must be given to whether the
public interest favouring disclosure is greater than the public interest
in maintaining the exemption. Public interest means what is in the best
interests of the wider public, not what is of interest to the public.  

To explain further, 'manifestly unreasonable' exception under EIR
12(4)(b), is a qualified exception, meaning prior to engaging the
exception, the Council must carry out a test to determine whether the
public interest in maintaining the exception outweighs the public interest
in disclosing the information. In considering the public interest the
Council applied a presumption in favour of disclosure as required by
Regulation 12(2) of the EIRs. The matters which were considered in
applying the public interest test are as follows: 

Factors in Favour of Disclosure 

• Promoting transparency and accountability in environmental decision
making, all of which ultimately contribute to a better environment.  

• Having insight into how the Council is working with Goram Homes and
other partners to deliver housing in Bristol at the Baltic Wharf
site. 

Factors in Favour of Withholding 

• It is not the public interest to allocate officer time in excess of 24
hours to locate, identify and extract information to satisfy the
interests of one information request, that may be of limited interest
to the wider public.  

• It is not in the public interest to divert a significant amount of
council staff resources to dealing with a manifestly unreasonable
request, that would distract from the delivery of services for the
wider public or responding to other service requests. 

We have weighed up the benefits to the public of releasing the information
against the factors for not releasing it. On balance, we find that
complying with both elements of your request would place a substantial and
disproportionate burden on the council's resources and therefore the
public interest in maintaining the exemption outweighs the public interest
for disclosure.  

This response therefore acts as a refusal notice under Regulation 14 of
the Environmental Information Regulations. 

Narrowing your request 

Regulation 9(1) of the EIR requires public authorities to provide advice
and assistance to requesters.  

You may wish to refine your request to focus on the information that you
are most interested in. For example, you could request that the relevant
grant funding application be disclosed.  

Please note that any reformulated request we receive will be treated as a
new request and we cannot guarantee that any relevant exceptions under the
EIR will not apply to a revised request. 

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should sent to [1][Bristol City Council request
email].

Once we receive a refined request, we will process your request within the
20 working days statutory timeframe from the date of receipt, provided it
is specific and unambiguous.

If you are still dissatisfied with the Council's response after the
internal 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: 0303 123 1113

Website: [2]www.ico.gov.uk 

Please contact the address below if you have any queries or concerns.

Yours faithfully

Shareholder Liaison 
[3][email address] 

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

 
Bristol City Council
This email contains proprietary confidential information some or all of
which may be legally privileged and/or subject to the provisions of
privacy legislation. It is intended solely for the addressee. If you are
not the intended recipient, an addressing or transmission error has
misdirected this e-mail; you must not use, disclose, copy, print or
disseminate the information contained within this e-mail. Please notify
the author immediately by replying to this email. Any views expressed in
this email are those of the individual sender, except where the sender
specifically states these to be the views of Bristol City Council.
 
This email has been scanned for all viruses and all reasonable precautions
have been taken to ensure that no viruses are present. Bristol City
Council cannot accept responsibility for any loss or damage arising from
the use of this email or attachments.

══════════════════════════════════════════════════════════════════════════

Council services: http://www.bristol.gov.uk/service
Latest council news: http://www.bristol.gov.uk/ournews
Consultations: http://www.bristol.gov.uk/consult
Privacy Notice: https://www.bristol.gov.uk/about-our-web...

References

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Dear M C Rands
 
Environmental Information Regulations 2004
 
 
Thank you for your request for information that was received on 6 December
2024. It is being handled under reference 54078577.
 
We are dealing with your request and we aim to send a response within 20
working days from the date we received your request.
 
For further information regarding FOI requests, please visit
[1]https://ico.org.uk/your-data-matters/off...
 
If you have any further queries about your request please contact
[2][email address].
 
 
Yours sincerely
 
 
Disclosures Team
 
NOTE: Please do not edit the subject line when replying to this email.
 
Bristol City Council
This email contains proprietary confidential information some or all of
which may be legally privileged and/or subject to the provisions of
privacy legislation. It is intended solely for the addressee. If you are
not the intended recipient, an addressing or transmission error has
misdirected this e-mail; you must not use, disclose, copy, print or
disseminate the information contained within this e-mail. Please notify
the author immediately by replying to this email. Any views expressed in
this email are those of the individual sender, except where the sender
specifically states these to be the views of Bristol City Council.
 
This email has been scanned for all viruses and all reasonable precautions
have been taken to ensure that no viruses are present. Bristol City
Council cannot accept responsibility for any loss or damage arising from
the use of this email or attachments.

══════════════════════════════════════════════════════════════════════════

Council services: http://www.bristol.gov.uk/service
Latest council news: http://www.bristol.gov.uk/ournews
Consultations: http://www.bristol.gov.uk/consult
Privacy Notice: https://www.bristol.gov.uk/about-our-web...

References

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