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

Building Control Charging Scheme

We're waiting for K Hamer to read a recent response and update the status.

Dear Sir/Madam,

I make the following request under the Freedom of Information Act 2000. Where "Regulations" are referred to, this is The Building Control (Local Authority Charges) Regulations 2010.

Please supply the following:

1. An electronic copy of the full charging scheme as the authorised means to set and make charges in performance of the Local Authority’s building regulation function.

2. An electronic copy of the correspondence (redacted for data protection purposes as necessary) between the “independent party” and the Local Authority in relation to a charging scheme, or method of charge determination for all building control activity.

3. An electronic copy of any internal policy, procedure or research documents relating to charges for Part J building control.

4. An explanation of the specific legal authority that SODC relies upon to make charges out with a charging scheme, as referred to in Section 3(1) of the Regulations.

5. An explanation of any software used to calculate the appropriate charge i.e. an excel model, proprietary software, third-party software.

6. An electronic copy of the last review of the charging scheme and the analysis outputs which fed in to this (as per Section 6(2) of the Regulations).

7. An electronic copy of the last financial year statement, and any year to date statement or tracker which set out the chargeable income and costs incurred in relation to building control (as per Section 6(4) of the Regulations).

8. A electronic copy of any evidence that 12(1) of the Regulations relating to publication of the fact of a charging scheme has been adhered to.

Regards
Dr K Hamer

FOI South, South Oxfordshire District Council

Dear Dr Hamer

Thank you for your Environmental Information Regulation request, which was
received by South Oxfordshire District Council on 21 December 2016.
Please accept this email as confirmation that your request has been
received and forwarded to the relevant department and that a response will
be sent to you within 20 working days.
The deadline for this will be 19 January 2017.
The reference number for this request is 16/707 South.
I trust that this email is sufficient to assure you that your request is
being dealt with. However, should you have an queries in the meantime,
please do not hesitate to contact the FOI team at [South Oxfordshire District Council request email]
Regards
FOI Team
 
Policy & Partnerships
South Oxfordshire and Vale of White Horse District Councils
 
Direct line: 01235 422371
[1]www.southoxon.gov.uk 

--------------------------------------------------------------------------

From: K Hamer <[FOI #378353 email]>
Sent: 21 December 2016 09:03
To: FOI South
Subject: Freedom of Information request - Building Control Charging Scheme
 
Dear Sir/Madam,

I make the following request under the Freedom of Information Act 2000. 
Where "Regulations" are referred to, this is The Building Control (Local
Authority Charges) Regulations 2010. 

Please supply the following:

1. An electronic copy of the full charging scheme as the authorised means
to set and make charges in performance of the Local Authority’s building
regulation function.

2. An electronic copy of the correspondence (redacted for data protection
purposes as necessary) between the “independent party” and the Local
Authority in relation to a charging scheme, or method of charge
determination for all building control activity.

3. An electronic copy of any internal policy, procedure or research
documents relating to charges for Part J building control.

4. An explanation of the specific legal authority that SODC relies upon to
make charges out with a charging scheme, as referred to in Section 3(1) of
the Regulations.

5. An explanation of any software used to calculate the appropriate charge
i.e. an excel model, proprietary software, third-party software.

6. An electronic copy of the last review of the charging scheme and the
analysis outputs which fed in to this (as per Section 6(2) of the
Regulations).

7. An electronic copy of the last financial year statement, and any year
to date statement or tracker which set out the chargeable income and costs
incurred in relation to building control (as per Section 6(4) of the
Regulations). 

8. A electronic copy of any evidence that 12(1) of the Regulations
relating to publication of the fact of a charging scheme has been adhered
to.

Regards
Dr K Hamer

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #378353 email]

Is [South Oxfordshire District Council request email] the wrong address for Freedom of Information
requests to South Oxfordshire District Council? If so, please contact us
using this form:
[2]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[3]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[4]https://www.whatdotheyknow.com/help/ico-...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

References

Visible links
1. http://www.southoxon.gov.uk/
2. https://www.whatdotheyknow.com/change_re...
3. https://www.whatdotheyknow.com/help/offi...
4. https://www.whatdotheyknow.com/help/ico-...

Becky Moore,

12 Attachments

Dear Dr Hamer

 

Thank you for your request for information to South Oxfordshire District
Council, as follows:

 

“I make the following request under the Freedom of Information Act 2000. 
Where "Regulations" are referred to, this is The Building Control (Local
Authority Charges) Regulations 2010. 

Please supply the following:

1. An electronic copy of the full charging scheme as the authorised means
to set and make charges in performance of the Local Authority’s building
regulation function.

2. An electronic copy of the correspondence (redacted for data protection
purposes as necessary) between the “independent party” and the Local
Authority in relation to a charging scheme, or method of charge
determination for all building control activity.

3. An electronic copy of any internal policy, procedure or research
documents relating to charges for Part J building control.

4. An explanation of the specific legal authority that SODC relies upon to
make charges out with a charging scheme, as referred to in Section 3(1) of
the Regulations.

5. An explanation of any software used to calculate the appropriate charge
i.e. an excel model, proprietary software, third-party software.

6. An electronic copy of the last review of the charging scheme and the
analysis outputs which fed in to this (as per Section 6(2) of the
Regulations).

7. An electronic copy of the last financial year statement, and any year
to date statement or tracker which set out the chargeable income and costs
incurred in relation to building control (as per Section 6(4) of the
Regulations). 

8. A electronic copy of any evidence that 12(1) of the Regulations
relating to publication of the fact of a charging scheme has been adhered
to”

 

We have processed your request under the Environmental Information
Regulations (2004). Please find our responses to your above questions
attached. As part of our response we are also sending 10 quotations,
please also find these attached. You should receive 11 documents in total.

 

I hope you find this information helpful, however, if you are dissatisfied
with the way your request for information has been handled, you can
request a review within the next 40 working days by emailing
[1][South Oxfordshire District Council request email].

 

If, having exhausted our review procedure, you remain dissatisfied with
the handling of your request, you have a right to 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.org.uk.

 

Many thanks and kind regards

 

Becky Moore

 

Business Support Officer

 

Planning Service

South Oxfordshire and Vale of White Horse District Councils

email: [3][email address

visit us at:

[4]www.southoxon.gov.uk and [5]www.whitehorsedc.gov.uk

 

Customer Service: 01235 422600

 

[6]cid:image001.jpg@01D073AB.E7B783F0

 

References

Visible links
1. mailto:[South Oxfordshire District Council request email]
2. http://www.ico.org.uk/
3. mailto:[email address]
4. http://www.southoxon.gov.uk/
5. http://www.whitehorsedc.gov.uk/

Dear Sir/Madam,

Please pass this on to the person who conducts EIR reviews.

I am writing to request an internal review of South Oxfordshire District Council's handling of my request 'Building Control Charging Scheme'.

I refer to the same numerical ordering of my request: Point 1 and Point 6, was rejected under 12(5) (e) of the EIR 2004. You will be aware that there is a presumption in favour of disclosure under EIR Regulation 12(2). Furthermore, the Authority has an obligation of disclosure under The Building Control (Local Authority Charges) Regulations 2010 and therefore I request again, disclosure on these matters. Section 7 of these regulations requires the hourly rate to be disclosed in the Charging Scheme, and Section 12(2) requires that this be made public.

The basis of your refusal to disclose is also on the basis that "we compete with the private sector". On the contrary, the principal of charging is simply to cover costs in order to provide the statutory service obligation. Section 6(3) of the The Building Control (Local Authority Charges) Regulations 2010 make the overriding objective to cover costs, only - there is no reference to competing with the private sector. Refusal on the grounds of commercial interests is therefore not sustainable, because the economic interest to compete with the private sector, is not legitimate.

I note that you consider there not to be an overriding public interest in disclosure, however fail to provide any evidence that any such test has been applied. Please provide full disclosure of the public interest test, including the likelihood and severity of any risk effect, that has been applied. I request to see the original public interest test workings as well as that carried out under this review.

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

Yours faithfully,

Dr K Hamer

FOI South, South Oxfordshire District Council

Dear Dr Hamer
Thank you for your Environmental Information Regulation request for an
Internal Review, which was received by South Oxfordshire District Council
on 19 March 2017.
Please accept this email as confirmation that your request has been
received and forwarded to the relevant department and that a response will
be sent to you within 20 working days.
The deadline for this will be 18 May 2017.
The reference number for this request is 16/945 South.
I trust that this email is sufficient to assure you that your request is
being dealt with. However, should you have an queries in the meantime,
please do not hesitate to contact the FOI team at [South Oxfordshire District Council request email]
Regards
FOI Team
 
Policy & Partnerships
South Oxfordshire and Vale of White Horse District Councils
 
Direct line: 01235 422371
[1]www.southoxon.gov.uk 
www.whitehorsedc.gov.uk

--------------------------------------------------------------------------

From: K Hamer <[FOI #378353 email]>
Sent: 19 March 2017 11:20
To: FOI South
Subject: Internal review of Freedom of Information request - Building
Control Charging Scheme
 
Dear Sir/Madam,

Please pass this on to the person who conducts EIR reviews.

I am writing to request an internal review of South Oxfordshire District
Council's handling of my request 'Building Control Charging Scheme'.

I refer to the same numerical ordering of my request: Point 1 and Point 6,
was rejected under 12(5) (e) of the EIR 2004.  You will be aware that
there is a presumption in favour of disclosure under EIR Regulation 12(2).
Furthermore, the Authority has an obligation of disclosure under The
Building Control (Local Authority Charges) Regulations 2010 and therefore
I request again, disclosure on these matters.  Section 7 of these
regulations requires the hourly rate to be disclosed in the Charging
Scheme, and Section 12(2) requires that this be made public. 

The basis of your refusal to disclose is also on the basis that "we
compete with the private sector".  On the contrary, the principal of
charging is simply to cover costs in order to provide the statutory
service obligation.  Section 6(3) of the The Building Control (Local
Authority Charges) Regulations 2010 make the overriding objective to cover
costs, only - there is no reference to competing with the private sector.
Refusal on the grounds of commercial interests is therefore not
sustainable, because the economic interest to compete with the private
sector,  is not legitimate. 

I note that you consider there not to be an overriding public interest in
disclosure, however fail to provide any evidence that any such test has
been applied.  Please provide full disclosure of the public interest test,
including the likelihood and severity of any risk effect, that has been
applied.  I request to see the original public interest test workings as
well as that carried out under this review.

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

Yours faithfully,

Dr K Hamer

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #378353 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[3]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[4]https://www.whatdotheyknow.com/help/ico-...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

References

Visible links
1. http://www.southoxon.gov.uk/
2. https://www.whatdotheyknow.com/request/b...
3. https://www.whatdotheyknow.com/help/offi...
4. https://www.whatdotheyknow.com/help/ico-...

FOI South, South Oxfordshire District Council

Dear Dr Hamer

Thank you for your request for an internal review.  I have looked into
this matter and concluded as follows.

I agree with you that regulation 7(4) of the Building (Local Authority
Charges) Regulations 2010 requires that the hourly rate should be stated
in the charging scheme, and that regulation 12 requires that the charging
scheme be available for inspection. 

Although it is correct that the council's chargeable income should match
its chargeable costs as closely as possible, it is also true to say that
there is no obligation on residents to use the building control service
provided by the council.  In this regard, the council service is in
competition with private sector providers, and and for that reason the
council does not publish its charging scheme widely as to do so would
potentially offer a competitive advamtage to other service providers.

It is common practice for councils to offer interested parties the
opportunity to inspect the charging scheme at council premises, in
accordance with regulation 12.  I would be very happy for you to visit the
council office and inspect our charging scheme, and I invite you to
contact the building control team on 01235 422700 or by email at
[email address] in order to make an appointment.

Kind regards.

Andrew Down
Head of HR, IT & Technical Services

--------------------------------------------------------------------------

From: K Hamer <[FOI #378353 email]>
Sent: 19 March 2017 11:20
To: FOI South
Subject: Internal review of Freedom of Information request - Building
Control Charging Scheme
 
Dear Sir/Madam,

Please pass this on to the person who conducts EIR reviews.

I am writing to request an internal review of South Oxfordshire District
Council's handling of my request 'Building Control Charging Scheme'.

I refer to the same numerical ordering of my request: Point 1 and Point 6,
was rejected under 12(5) (e) of the EIR 2004.  You will be aware that
there is a presumption in favour of disclosure under EIR Regulation 12(2).
Furthermore, the Authority has an obligation of disclosure under The
Building Control (Local Authority Charges) Regulations 2010 and therefore
I request again, disclosure on these matters.  Section 7 of these
regulations requires the hourly rate to be disclosed in the Charging
Scheme, and Section 12(2) requires that this be made public. 

The basis of your refusal to disclose is also on the basis that "we
compete with the private sector".  On the contrary, the principal of
charging is simply to cover costs in order to provide the statutory
service obligation.  Section 6(3) of the The Building Control (Local
Authority Charges) Regulations 2010 make the overriding objective to cover
costs, only - there is no reference to competing with the private sector.
Refusal on the grounds of commercial interests is therefore not
sustainable, because the economic interest to compete with the private
sector,  is not legitimate. 

I note that you consider there not to be an overriding public interest in
disclosure, however fail to provide any evidence that any such test has
been applied.  Please provide full disclosure of the public interest test,
including the likelihood and severity of any risk effect, that has been
applied.  I request to see the original public interest test workings as
well as that carried out under this review.

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...

[2][IMG] [3]Building Control Charging Scheme - a Freedom of ...
www.whatdotheyknow.com
I make the following request under the Freedom of Information Act
2000. Where "Regulations" are referred to, this is The Building
Control (Local Authority Charges ...

Yours faithfully,

Dr K Hamer

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #378353 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[4]https://www.whatdotheyknow.com/help/offi...

[5][IMG] [6]FOI officer questions - WhatDoTheyKnow
www.whatdotheyknow.com
FOI officer questions # I just got here from bottom of an FOI
request, what is going on? # WhatDoTheyKnow is a service run by a
charity. It helps ordinary members of ...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[7]https://www.whatdotheyknow.com/help/ico-...

[8]Page not found
www.whatdotheyknow.com
The page or document you are looking for is not available.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

References

Visible links
1. https://www.whatdotheyknow.com/request/b...
2. https://www.whatdotheyknow.com/request/b...
3. https://www.whatdotheyknow.com/request/b...
4. https://www.whatdotheyknow.com/help/offi...
5. https://www.whatdotheyknow.com/help/offi...
6. https://www.whatdotheyknow.com/help/offi...
7. https://www.whatdotheyknow.com/help/ico-...
8. https://www.whatdotheyknow.com/help/ico-...

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

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org