C2 and C3 land use classification for Knowle development

J Woodward made this Freedom of Information request to East Devon District Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Ms Symington,

I would like to make a formal request under the Freedom of Information Act 2000. I am also making this Request under the Environmental Impact Regulations 2004 which require disclosure on the part of Local Authorities.

In his letter to Mr Shillitoe of Tibbalds dated 12th February 2016, Planning Officer Ed Freeman considers at length the status of the proposed development and concludes thus: "We understand that both the assessment that the scheme constitutes a C3 use and the level of affordable housing sought will come as a disappointment but we can assure you that these issues have undergone a very detailed consideration by Officers with appropriate independent legal opinion."
https://www.whatdotheyknow.com/request/p...
https://www.whatdotheyknow.com/request/3...

However, in the agenda for the meeting of the Council's Development Management Committee of 6th December 2016, Planning Officers state the following: "In terms of use and recognising that on site personal care would be given to future residents within a framework of supported independent living, it is recognised that the use as proposed would represent a C2 use."
http://eastdevon.gov.uk/media/1936385/06...

I would be grateful if the Council could provide the following:
> All documentation produced and received by the Council, where questions concerning the C2 and C3 status of the proposed development at Knowle were considered.

The Council was prepared to provide documentation with regard to the land use classification following the FOI request of 17th April 2016: https://www.whatdotheyknow.com/request/p...

In which case, I would expect the Council to be able to provide me with any documentation regarding C2 and C3 use class, subsequent to the letter of 12th February 2016 referred to above.

I look forward to hearing from you.

Yours sincerely,
Jeremy Woodward

East Devon District Council

Thank you for submitting a request for information. We will respond to your request as quickly as possible, within the 20 working day statutory deadline under the Freedom of Information Act 2000.

For updates on this case, please quote your unique reference number 101000650284 .

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Customer Service Centre
East Devon District Council
Web: www.eastdevon.gov.uk

East Devon District Council

Dear Mr Woodward,

Thank you for your request for information.

We will be unable to respond to your FOI request by the due date, as it is due during the Holiday break when the council offices will be closed. We will provide a response very early in the New Year.

If you are not satisfied with the way we have responded to your request, please fill in our online complaint form at www.eastdevon.gov.uk/making_a_complaint or write to the Monitoring Officer, EDDC, Knowle, Sidmouth, EX10 8HL.

Yours sincerely,

Sara

Ms S Harvey
Information and Complaints Officer
East Devon District Council

01395 571659
www.eastdevon.gov.uk

Sara Harvey, East Devon District Council

2 Attachments

Dear Mr Woodward,

Thank you for your request for information.  You asked for all
documentation produced and received by the Council, where questions
concerning the C2 and C3 status of the proposed development at Knowle were
considered.

Your request concerns planning and land-use and has been treated under the
Environmental Information Regulations 2004.

Please find attached two PDF files containing documentation, within the
scope of your request, relating to C2 and C3 status of the proposed
development at Knowle. Please note that there has been some information
redacted from this correspondence to remove detail which is outside the
scope of your request. We have also redacted personal information which is
exempt from disclosure under Regulation 12(3).

We have withheld a small number of internal emails between officers of the
council as we believe that this information is exempt from disclosure
under Regulation 12(4)(e) – Internal Communications.

 

Further documentation received from Cllr Matthew Booth is already
published in the ‘comments’ section of the planning application
16/0872/MFUL on our Planning website [1]http://eastdevon.gov.uk/planning/

 

If you are not satisfied with the way we have responded to your request,
please contact our Monitoring Officer to request an internal review at
[2][email address]  or write to the Monitoring Officer,
EDDC, Knowle, Sidmouth, EX10 8HL.

 

You may also approach the Information Commissioner for advice at
[3]www.ico.org.uk

 

Yours sincerely,

 

Sara

 

Ms S Harvey

Information and Complaints Officer

East Devon District Council

 

01395 571659

[4]www.eastdevon.gov.uk

 

 

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References

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1. http://eastdevon.gov.uk/planning/
2. mailto:[email address]
3. http://www.ico.org.uk/
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Dear Ms Harvey,

Thank you very much for providing me with a thorough set of documentation on the issue of C2 and C3 classification as part of the recent planning application at Knowle.

I would be very grateful, however, if you could forward me digital copies of the documentation, as it is not currently possible to conduct a search through this in its current state.

Thank you again and I look forward to hearing from you.

Yours sincerely,

Jeremy Woodward

Sara Harvey, East Devon District Council

Dear Mr Woodward,

Thank you for your email.

Please could you clarify in what digital format you wish to receive the documents and I will see if this is possible?

Kind regards

Sara

Ms S Harvey
Information and Complaints Officer
East Devon District Council

01395 571659
www.eastdevon.gov.uk

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Dear Ms Harvey,

Thank you for getting back to me.

The problem is that when I try to do a search of the pdf, the key words fail to be highlighted in the text.

It would be very useful and save a lot of time if the documents you have sent me were open to such a simple search tool.

I say 'digital format' in that I mean a format which is not simply photocopied or scanned, as a 'photograph' or image does not enable a search for individual items such as words.

I hope I have made myself a little clearer.

Thank you again and I look forward to hearing from you.

Yours sincerely,

Jeremy Woodward

Sara Harvey, East Devon District Council

2 Attachments

Dear Mr Woodward

Thank you for your email.

The original correspondence was scanned in so that we could redact and attach them to the email. This means that they were automatically saved as PDF files. I have converted both redacted PDF files into word documents so you will be able to carry out your search using specific words. However, in the process of converting the text from the PDF version into word, there are now some inconsistencies with some parts of the text within the document, which I'm afraid is unavoidable. You may need to refer to the PDF copies you were sent for clarification at times.

Kind regards

Sara

show quoted sections

Dear Ms Harvey,

Thank you very much for spending the time and effort to make these documents more accessible: they are now in exactly the format I had wished for.

I would like to conclude by saying I very much appreciate the attention and professionalism you have given my request.

Yours sincerely,

Jeremy Woodward

Dear Ms Harvey,

I have been looking through the documentation and have noted that you have redacted the following:

> From: Matt Shillito Sent: 22 April 2016 10:05 To: James Brown
Re: The Knowle, Sidmouth Planning Application
Attachments: The Knowle $106 List.docx

> On 21 April 2016 at 17:22, Matt Shillito wrote: Hi James...

> From: Matt Shillito Sent: 15 April 20th To: James Brown
Subject: Re: The Knowle, Sidmouth Planning Application

> On 11 April 2016 at 14:02, James Brown <[email address]> wrote:
Dear Matt, Thanks for the copies of the plans as submitted...

> From: Planning Central Sent: 18 Julv 2016 13:53 To: Ed Freeman
RE: The Knowle Planning Application 16/0872/MFUL Visual Intrusion - UNCLASSIFIED:

> Sent: 31 May 2016 To: 'Ed Freeman'
Subject: FW: The Knowle Planning Application 16/0872/MFUL Visual Intrusion

> Sent: 18 May 2016 12:05 To: 'Ed Freeman'
Subject: The Knowle Planning Application 16/0872/MFUL Visual Intrusion

> From: Shirley Shaw Sent: 01 August 2016 16:15 To: Jane Burgess Cc: James Brown
Subject: PROTECT: RE: Knowle Sidmouth 16/0872/MFUL - s106 agt

> From: Jane Burge Sent: 29 July 2016 rune To: Shirley Shaw Cc: Sebastian Charles
Subject: FW: Knowle Sidmouth 16/0872/MFUL- UNCLASSIFIED: s106 agt

> From: James Brown <[email address]> Date: 28 July 2016 at 18-22-36 BST To: 'Matt Shillito'
Subject: Knowle Sidmouth16/0872/MFUL ~ UNCLASSIFIED:

> From: Shirley Shaw {mailto:[email address]) Sent: 01 August 2016 16:15 To: Jane Burgess Cc: James Brown <[email address]>
Subject: PROTECT: RE: Knowle Sidmouth 16/0872/MFUL- s106 agt

> From: Jane Burgess Sent: 29 July 2016 10:16 To: Shirley Shaw Cc: Sebastian Charles
Subject: FW: Knowle Sidmouth 16/0872/MFUL- UNCLASSIFIED: s106 agt

> From: James Brown [mailto:[email address]] Sent: 19 August 2016 12:29
To: Jane Burgess; 5hirley Shaw <[email address]>
Subject: PROTECT: RE: s106 - The Knowle Sidmouth Devon EXlO 8HL • 16/0872/MFUL [ID=DEV.2-0332]

> From: Shirley Shaw [mailto:[email address]] Sent: 09 August 2016 15:01 To: Jane Burgess
Cc: James Brown <[email address]>
Subject: PROTECT: s106 - The Knowle Sidmouth Devon EXlO BHL • 16/0872/MFUL [ID=DEV.2-0332]

> From: 25 October 2016 09:41 Sent: Ed Freeman To: James Brown; Planning Central
Subject: RE: Knowle Planning Application 16/0872/MFUL- UNCLASSIFIED: RE: Knowle Planning Application 16/0872/MFUL - UNCLASSIFIED:

Now that the Council has made available the agent's report and the Pegasus contract - both in unredacted form - I would be grateful if you could now provide me with the complete, unredacted versions of the documentation (with signatures etc redacted) as well as the attachments indicated.

Thank you: I look forward to hearing from you.

Yours sincerely,

Jeremy Woodward

Sara Harvey, East Devon District Council

Thank you for your email. I am currently out of the office returning on
the 30th January 2017. I will reply to your email on my return.

 

If you wish to make a complaint or submit a request for information under
the Freedom of Information Act, please refer to our website at
[1]www.eastdevon.gov.uk 

 

Ms Sara Harvey

Information and Complaints Officer

East Devon District Council

 

References

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1. file:///tmp/www.eastdevon.gov.uk

Dear East Devon District Council,

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

I am writing to request an internal review of East Devon District Council's handling of my FOI request 'C2 and C3 land use classification for Knowle development'.

Please refer to the points made in my correspondence dated 29th January, which have not as yet been addressed.

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

Yours faithfully,

Jeremy Woodward

Henry Gordon Lennox, East Devon District Council

1 Attachment

Mr Woodward,

 

Thank you for your email of 29^th January. I am sorry that you felt
dissatisfied with our response to your request for information.

 

The reason stated for your dissatisfaction with our response is that you
felt that some of the redactions applied to the emailed correspondence
should be removed. I confirm that the reason for these redactions was
simply to reflect the fact that these elements of the correspondence were
outside the scope of your original request which was for correspondence
relating to a specific issue (namely the C2 C3 land-use issue).

Whilst not falling within the scope of your original request, we have
reviewed this correspondence and have concluded that there is no reason
within the legislation to withhold it. I have therefore attached a copy of
the unredacted correspondence – save for a few personal contact details
which have been withheld under regulation 12(3) of the Environmental
Information regulations.

I trust this now concludes your requests but if you remain dissatisfied
you do have the right to refer matters to the Information Commissioner at
[1]www.ico.org.uk

 

Yours sincerely,

 

HENRY GORDON LENNOX

 

Strategic Lead - Governance and Licensing

East Devon District Council

Tel: 01395 517401

Ext: 2601

Email: [email address]

 

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References

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Dear Mr Lennox,

Apologies for not having got back to you earlier.

Thank you for providing a full explanation as to why Ms Harvey had withheld some of the information - which I am quite prepared to accept.

And thank you for now forwarding me the complete document in its unredacted form.

I would therefore like to bring this particular line of enquiry to a close.

Yours sincerely,

Jeremy Woodward