Building control documents and correspondence concerning Rocklands caravan park

Wealden District Council did not have the information requested.

Dear Wealden District Council,

I believe that WDC are the body responsible for the East Sussex Building Control Partnership.

I request the following information:

1. All Building Control documents relating to Rocklands Caravan Park Rocklands Lane Hastings TN35 5DY for the period 2012 to date.

2. All correspondence relating to Rocklands Caravan Park Hastings Rocklands Lane TN35 5DY for the period 2012 to date.

Please take this as a formal request under EIR regulations.

Yours faithfully,

Chris Hurrell

InformationGovernance, Wealden District Council

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[1]www.wealden.gov.uk

[Wealden District Council request email]

01323 443322

 

Wealden District Council

Council Offices

Vicarage Field

Hailsham

BN27 2AX

 

 
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<Customer Services>, Wealden District Council

Our Ref: 7552FOI/EIR
ASK FOR: Wealden Information Governance

Dear Mr  Hurrell

FREEDOM OF INFORMATION ACT / ENVIRONMENTAL INFORMATION REGULATIONS REQUEST
- 7552FOI/EIR : ACKNOWLEDGEMENT

I am writing to acknowledge your request for information made under the
Freedom of Information Act 2000 / Environmental Information Regulations
2004 received on 16/03/2019 logged under our reference
number 7552FOI/EIR and passed to the appropriate officer for action.

Please note that we have a statutory obligation to reply to your request
within 20 working days (i.e. by 13/04/2019).

Yours sincerely,

Wealden Information Governance

 

 

 

Dear <Customer Services>,

This FOI request is now overdue. Could you please advise when I will receive a response.

Yours sincerely,

Chris Hurrell

InformationGovernance, Wealden District Council

1 Attachment

Please find attached a response to your recent request for information
dealt with under the Environmental Information Regulations 2004.

You can view the Open Government Licence (version 3). at:-
[1]http://www.nationalarchives.gov.uk/doc/o...
(External Link)

Yours sincerely

Information Governance Team

Enc.

 

Information Governance Officer

Legal Services, Wealden District Council

01323 443173

[2][Wealden District Council request email]

Council Offices | Vicarage Lane | Hailsham | East Sussex | BN27 2AX

 

[3]http://www.wealden.gov.uk

 

 
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This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please email us. Any views
expressed are not necessarily the views of Wealden District Council unless
stated. Wealden District Council is committed to ensuring that your
privacy is protected and will only use and store your personal data in
line with the General Data Protection Regulation 2016 and the Data
Protection Act 2018. We collect and use your personal data in order to
provide services you have requested from us or to carry out our legal
obligations to you. We will not disclose your personal data to any third
parties, unless we need to do so to provide a service to you or we are
legally required to do so. We may share your personal data with other
Council departments in order to provide the service you have requested and
to ensure that the information we hold about you is accurate and up to
date. Our Privacy Policy sets out how we collect, use and securely hold
your data. If you want more information on how a particular Council
service uses your personal data, please view the full [8]Policy and
Privacy Notices on our website

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Dear Wealden District Council,

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

I am writing to request an internal review of Wealden District Council's handling of my FOI request 'Building control documents and correspondence concerning Rocklands caravan park'.

The request has been refused as it is stated that the information is personal information which is exempt under EIR. I accept that parts of the caravan park are used as private dwellings and the exceptions applied may well apply to these parts of the park.

However parts of the park are not personal dwellings. The apartment buildings in the park and a new building are for commercial purposes only - the planning permissions granted for these buildings explicitly prevents their use as residential dwellings. These commercial parts of the park are not personal dwellings and are not exempt from EIR.

The requested information should be provided for the commercial parts of the park. I have identified two areas which are commercial and for which I request information.

I ask for my request to be reviewed and for the requested information to be supplied for the apartment building and the new building - these are non residential buildings exclusively used for commercial purposes.

My revised request is as follows:

1. All Building Control documents relating to the apartment building from 2004 to date and the new building from 2012 to date.

2. All correspondence relating to the apartment building from 2004 to date and the new building from 2012 to date.

I attach URLs of the planning permissions granted for these buildings to help you identify the buildings:

Apartment building:
http://publicaccess.hastings.gov.uk/onli...
http://publicaccess.hastings.gov.uk/onli...
http://publicaccess.hastings.gov.uk/onli...

New Building:
http://publicaccess.hastings.gov.uk/onli...
http://publicaccess.hastings.gov.uk/onli...
http://publicaccess.hastings.gov.uk/onli...

https://acp.planninginspectorate.gov.uk/...

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,

Chris Hurrell

InformationGovernance, Wealden District Council

Good morning

Further to your email received on 17 May 2019, we would be grateful for your clarification as to how you would like us to proceed.

To confirm, we dealt with your request for information under the Environmental Information Regulations (EIRs), not the Freedom of Information Act. Under the EIRs, Regulation 11(1), you have the right to request that we undertake an internal review to re-examine the original decision and handling of your request.

Within your email, you request an internal interview, but go on to submit a revised request. In order to deal with your request appropriately, we require you to be more specific on how you would like us to deal with your communication.

We would like to thank you in advance of any clarification that you can provide. We would also like to highlight that the statutory time limit has ‘stopped’ and will commence again the day after we receive your response. We will then recalculate the response date.

Regards

Information Governance Officer
Legal Services, Wealden District Council
01323 443322
[Wealden District Council request email]
Council Offices | Vicarage Lane | Hailsham | East Sussex | BN27 2AX

http://www.wealden.gov.uk

show quoted sections

Dear InformationGovernance,

Following your request for clarification. I request a review of your decision to apply a blanket refusal of all information under exceptions restricted to domestic properties. It is true that some parts of the site are residential but there are parts of the site which are purely commercial and therefore not subject to this exception.

Rather than issue a blanket refusal as you have done you should have released the requested information for the commercial parts of the site. In order to make this task simpler I previously provided you with details of two buildings and details of the planning applications that I consider to be commercial in nature only.

You are correct that I made changes to the selection criteria whilst clarifying my request. This was to avoid having to raise a second EIR and to reduce work for all concerned. I have now removed these changes to the selection criteria and ask that you use my original selection criteria to provide information for all relevant commercial buildings not covered by the exceptions you have used for refusal.

The request was refused as it is stated that the information is personal information which is exempt under EIR. I accept that parts of the caravan park are used as private dwellings and the exceptions applied may well apply to these parts of the park.

However parts of the park are not personal dwellings. For example the apartment buildings in the park and a new building are for commercial purposes only - the planning permissions granted for these buildings explicitly prevents their use as residential dwellings. These commercial parts of the park are not personal dwellings and are not exempt from EIR.

The requested information should be provided for the commercial parts of the park.

I ask for my request to be reviewed and for the requested information to be supplied for all non residential buildings used for commercial purposes.

I attach URLs of the planning permissions grantedon the site buildings to help you identify buildings which are no residential:

Apartment building:
http://publicaccess.hastings.gov.uk/onli...
http://publicaccess.hastings.gov.uk/onli...
http://publicaccess.hastings.gov.uk/onli...

New Building:
http://publicaccess.hastings.gov.uk/onli...
http://publicaccess.hastings.gov.uk/onli...
http://publicaccess.hastings.gov.uk/onli...

https://acp.planninginspectorate.gov.uk/...

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

Yours faithfully,

Chris Hurrell

Yours sincerely,

Chris Hurrell

InformationGovernance, Wealden District Council

1 Attachment

 

 
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This email and any files transmitted with it are confidential and intended
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If you have received this email in error please email us. Any views
expressed are not necessarily the views of Wealden District Council unless
stated. Wealden District Council is committed to ensuring that your
privacy is protected and will only use and store your personal data in
line with the General Data Protection Regulation 2016 and the Data
Protection Act 2018. We collect and use your personal data in order to
provide services you have requested from us or to carry out our legal
obligations to you. We will not disclose your personal data to any third
parties, unless we need to do so to provide a service to you or we are
legally required to do so. We may share your personal data with other
Council departments in order to provide the service you have requested and
to ensure that the information we hold about you is accurate and up to
date. Our Privacy Policy sets out how we collect, use and securely hold
your data. If you want more information on how a particular Council
service uses your personal data, please view the full [5]Policy and
Privacy Notices on our website

References

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InformationGovernance, Wealden District Council

1 Attachment

Please find attached correspondence for your attention.

 

Regards

 

Information Governance Team

Legal Services, Wealden District Council

01323 443322

[1][Wealden District Council request email]

Council Offices | Vicarage Lane | Hailsham | East Sussex | BN27 2AX

 

[2]http://www.wealden.gov.uk

 

 
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This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please email us. Any views
expressed are not necessarily the views of Wealden District Council unless
stated. Wealden District Council is committed to ensuring that your
privacy is protected and will only use and store your personal data in
line with the General Data Protection Regulation 2016 and the Data
Protection Act 2018. We collect and use your personal data in order to
provide services you have requested from us or to carry out our legal
obligations to you. We will not disclose your personal data to any third
parties, unless we need to do so to provide a service to you or we are
legally required to do so. We may share your personal data with other
Council departments in order to provide the service you have requested and
to ensure that the information we hold about you is accurate and up to
date. Our Privacy Policy sets out how we collect, use and securely hold
your data. If you want more information on how a particular Council
service uses your personal data, please view the full [7]Policy and
Privacy Notices on our website

References

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Dear InformationGovernance,

I have some follow up questions concerning the review.

The review has established that no information is held.

It is standard practice to first establish whether information is held and then decide whether to provide , redact or refuse depending on the nature o the information. It appears in this case that a decision was made to refuse without considering the information held. This is in breach of ICO guidance. Why was it not first established whether any information was held before refusing it?

My request was for information relating to Rocklands caravan park.The caravan park is a commercial organisation. The information was refused as it was private - why was it assumed that any records held would relate to private property? Was the nature of the site reviewed before this decision was made?
Could you please explain why the initial request was refused as the information was considered to be private?

You state that no records are held prior to Wealden taking over the service in 2017 and that all records prior to this would still held by HBC. This is a matter of concern as it appears that any continuity in record keeping is now lost. For example what happens to BC record for projects that started before 2017 but have yet to be completed? The Rocklands development began in 2014 and still remains uncompleted with conditions remaining to be discharged. Why have the records for ongoing uncompleted developments not been transferred?

Yours sincerely,

Chris Hurrell

<Customer Services>, Wealden District Council

Our Ref: 7772FOI/EIR
ASK FOR: Wealden Information Governance

Dear Mr  Hurrell

FREEDOM OF INFORMATION ACT / ENVIRONMENTAL INFORMATION REGULATIONS REQUEST
- 7772FOI/EIR : ACKNOWLEDGEMENT

I am writing to acknowledge your request for information made under the
Freedom of Information Act 2000 / Environmental Information Regulations
2004 received on 18/06/2019 logged under our reference
number 7772FOI/EIR and passed to the appropriate officer for action.

Please note that we have a statutory obligation to reply to your request
within 20 working days (i.e. by 16/07/2019).

Yours sincerely,

Wealden Information Governance

 

 

 

InformationGovernance, Wealden District Council

Good morning

We are writing to confirm that your questions have been put to the investigating officer and we hope to be in a position to respond to you by 5 July 2019.

If you have any queries in the meantime, please let us know.

Regards

Information Governance
Legal Services, Wealden District Council
01323 443322
[Wealden District Council request email]
Council Offices | Vicarage Lane | Hailsham | East Sussex | BN27 2AX

http://www.wealden.gov.uk

show quoted sections

InformationGovernance, Wealden District Council

1 Attachment

 

 
Communities

Environment

Economy

[1]www.wealden.gov.uk
[2]Facebook
[3]@wealdenDC

[4]Sign up to MyWealden to access
our services online

This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please email us. Any views
expressed are not necessarily the views of Wealden District Council unless
stated. Wealden District Council is committed to ensuring that your
privacy is protected and will only use and store your personal data in
line with the General Data Protection Regulation 2016 and the Data
Protection Act 2018. We collect and use your personal data in order to
provide services you have requested from us or to carry out our legal
obligations to you. We will not disclose your personal data to any third
parties, unless we need to do so to provide a service to you or we are
legally required to do so. We may share your personal data with other
Council departments in order to provide the service you have requested and
to ensure that the information we hold about you is accurate and up to
date. Our Privacy Policy sets out how we collect, use and securely hold
your data. If you want more information on how a particular Council
service uses your personal data, please view the full [5]Policy and
Privacy Notices on our website

References

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