Information request
Our reference: IR326945

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Information request
Our reference: IR326945

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Good Morning
 
I write in connection with your request for an Internal Review dated 13
July 2020. 

I understand that you have received our response to this request on the
legal deadline- 13 July 2020.

Please let us know if you have any further queries.

 
Kind regards,

Jane Shields
Policy & Communications Manager

Freedom of Information Team
London Borough of Lambeth 
Tel: 020 7926 0547
E-mail: [1][Lambeth Borough Council request email]
Website: [2]www.lambeth.gov.uk 
Corporate Complaints Unit
P.O. Box 734
Winchester
S023 5DG 
 

Disclaimers apply - full details at [3]www.lambeth.gov.uk/email-disclaimer

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Information request
Our reference: IR330852

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Dear Mr Kamireddy

Thank you for your request received on 14 July 2020.   This request is
being handled under the Environmental Information Regulations 2004 (EIR). 
Please find below our response to the information you requested, which
was:

Dear Lambeth Borough Council,

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

I am writing to request an internal review of Lambeth Borough Council's
handling of my FOI request 'Basaveshwara Statue Part 2'.

We would like to get full information , correspondence and documentations,
plans, copy of letters from initiation date till statue errection date of
the whole project, not just the maintenance agreement.

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

Our Response

Please note that the above request for information has been treated as a
new EIR request and not an Internal Review as we have no record that the
following information has been previously requested by you.  Full details
on the ‘whatdotheyknow’ website also bears out this statement:

We would like to get full information, correspondence and documentations,
plans, copy of letters from initiation date till statue errection date of
the whole project, not just the maintenance agreement.

Copies of the correspondence and documentation relating to the planning
application for the Basaveshwara statue can be found via our Planning
database at: [2]https://planning.lambeth.gov.uk/online-a...
The planning application reference is 12/00257/FUL.

Additional information on the Basaveshwara statue can be found on the
‘whatdotheyknow’ website at:
[3]https://www.whatdotheyknow.com/request/p...

We cannot comply with the remainder of your request for “copy of letters
from initiation date till statue errection date of the whole project” as
we consider that it is manifestly unreasonable in accordance with
Regulation 12 (4) (b) EIR.

We consider that this Regulation applies due to the amount of time it
would take us to contact each member of staff that may have been involved
in discussions regarding the Basaveshwara statue from at least 2012 until
its installation in 2015; to collate the information to respond to this
element of your request; and the burden the request places on our
authority.

We note the Commissioner’s position, as explained by the [4]East Devon
District Council case at paragraph 17:-

The EIR differ from the FOIA in that no specific limit is set on the
amount of work required by an authority to respond to a request as
provided by section 12 of the FOIA. The Freedom of Information and Data
Protection (Appropriate Limit and Fees) Regulations 2004 (the fees
regulations) which apply in relation to section 12 of the FOIA are not
directly relevant to the EIR - the cost limit and hourly rate set by the
fees regulations do not apply in relation to environmental information.
However, the Commissioner accepts that the fees regulations provide a
useful starting point where the reason for citing regulation 12(4)(b) is
the time and cost of a request but they are not a determining factor in
assessing whether the exception applies.

The Fees Regulations used by FOIA explains that the Council can refuse to
comply with a request if the cost of compliance will exceed the
Appropriate Limit under section 12. The limit is currently set at £450
which is the equivalent to 18 hours at £25 per hour.

We can also consider the time it would take our team to review the
information and apply any relevant exceptions. From our preliminary
assessment, we estimate that to retrieve and collate the requested
information to comply with your request would exceed the appropriate costs
limit under Regulation 12 (4) (b) EIR.

Public Interest in Disclosure

We note that Regulation 12 (2) has a presumption of disclosure.

We also note that this matter is likely to be of interest to the local
community.

Public Interest in maintaining the exception

We consider that compiling a response to this request would be a
significant diversion of resources which would not be in the public
interest as it may disrupt other decision-making or other workloads. It is
not in the public interest to divert officer’s attention from their core
work in order that we respond to a request made by one individual which
may have limited wider public interest.

We consider overall that the public interest in maintaining the exception
outweighs the public interest in disclosure.

We consider that the information provided above, and the information
already disclosed in response to your previous request on 14 July 2020,
meets the legitimate interest in the provision of information to the local
community.

In accordance with Regulation 14  this correspondence represents a Refusal
Notice for the remaining element of your request.

Right to Review

If you are dissatisfied with the way in which your Environmental
Information Regulations request has been dealt with you can request an
internal review.  Tell us why you are unhappy with our response within 40
working days, and it will be looked at afresh. We will aim to provide you
with our review response within 20 working days.

By email: [5][Lambeth Borough Council request email] (Please quote the reference number above)
or by writing to:

Freedom of Information
London Borough of Lambeth

P.O. Box 734

Winchester

S023 5DG

If you remain dissatisfied with the outcome of the review you have a
further right to appeal to the Information Commissioner, which regulates
the implementation of the Freedom of Information Act.  The Commissioner
can be contacted at the following address:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Enquiry line: 0303 123 1113

Website: [6]https://ico.org.uk/global/contact-us/

Thank you for your interest in Lambeth Council.

Corporate Complaints Unit

London Borough of Lambeth

Finance and Resources Department

Team Tel:  020 7926 0547

Website: [7]www.lambeth.gov.uk

Copyright

Some of the information that we provide in response to Freedom of
Information Act 2000 requests will be subject to copyright protection. In
most cases the copyright will be owned by Lambeth Council.

Applications for permission to reproduce extracts in published works,
should be made to the Freedom of Information Co-ordinator, London Borough
of Lambeth, P.O. Box 734, Winchester, S023 5DG.  Email:
[8][Lambeth Borough Council request email]

You are free to use any information supplied for your own non-commercial
research or private study purposes. The information may also be used for
any other purpose allowed by a limitation or exception in copyright law,
such as news reporting.

However, any other type of re-use, for example by publishing the
information in analogue or digital form, including on the internet, will
require the permission of the copyright owner.

The copyright in other information may be owned by another person or
organisation, is indicated on the information itself.  For information
where the copyright is owned by another person or organisation you must
apply to the copyright owner to obtain their permission.

Direct Marketing

If an organisation intends to use personal names and addresses from what
has been supplied to you for direct marketing, the organisation needs to
be registered with the Information Commissioner to process Personal Data
for this purpose.

Organisations must also check that the individual (whom you wish to
contact for direct marketing purposes) is not registered with one of the
Preference Services to prevent Direct Marketing, if they are you must
adhere to this Preference. Follow this Link [https://ico.org.uk/] for more
information. 

"This email (and/or attachments) may contain information that is legally
privileged.  If you have received this in error please delete all content
and notify the sender immediately."

Disclaimers apply - full details at [9]www.lambeth.gov.uk/email-disclaimer

References

Visible links
1. https://www.whatdotheyknow.com/request/b...
2. https://planning.lambeth.gov.uk/online-a...
3. https://www.whatdotheyknow.com/request/p...
4. https://ico.org.uk/media/action-weve-tak...
5. mailto:[Lambeth Borough Council request email]
mailto:[Lambeth Borough Council request email]
6. https://ico.org.uk/global/contact-us/
7. http://www.lambeth.gov.uk/
8. mailto:[Lambeth Borough Council request email]
9. https://www.lambeth.gov.uk/email-disclai...