Can you please provide me details of consultation figures in regard to the consultation on the Main Modifications

CEO Mr Newbold (Account suspended) made this Freedom of Information request to Hastings Borough Council

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

Waiting for an internal review by Hastings Borough Council of their handling of this request.

CEO Mr Newbold (Account suspended)

Dear Hastings Borough Council,

Can you please profide me the relavent consultation figures information below.

The quantity of recieved responses in regard the Inspectors Main Modifications consultations . Can you profvide this information in a format below :

Site name [tab] Area name eg CV01. CV04 [tab]Quantity Response in favour [tab}Quantity Response not in favour

Yours faithfully,

CEO Mr Newbold

Information Officer, Hastings Borough Council

Thank you for contacting us.
 
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act. 
 
If your request is for personal information your request will be dealt
with according to the requirements of the Data Protection Act and the
timescale for response may be extended to 40 days.
 
The Freedom of Information area on our website, [1]www.hastings.gov.uk,
can be accessed via a 'Quick Hit' direct link from the site's home page
and contains advice about how to make a request for information.
 
Information about all our services, including contact details, location,
and links to information published by services on the site, is available
in the A to Z of Services area which can also be accessed via a 'Quick
Hit' direct link from the site's home page.
 
 
Information Officer
Hastings Borough Council
01424 451066
[2]www.hastings.gov.uk
 
 
 

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CEO Mr Newbold (Account suspended)

Dear Information Officer,

Can you please stop responding with an autoresponder this matter has been sent to ICO Please note this correspondence.

Yours sincerely,

CEO Mr Newbold

Information Officer, Hastings Borough Council

Thank you for contacting us.
 
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act. 
 
If your request is for personal information your request will be dealt
with according to the requirements of the Data Protection Act and the
timescale for response may be extended to 40 days.
 
The Freedom of Information area on our website, [1]www.hastings.gov.uk,
can be accessed via a 'Quick Hit' direct link from the site's home page
and contains advice about how to make a request for information.
 
Information about all our services, including contact details, location,
and links to information published by services on the site, is available
in the A to Z of Services area which can also be accessed via a 'Quick
Hit' direct link from the site's home page.
 
 
Information Officer
Hastings Borough Council
01424 451066
[2]www.hastings.gov.uk
 
 
 

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CEO Mr Newbold (Account suspended)

Dear Information Officer,

You previously submitted that exact follow up message for this request.

Yours sincerely,

CEO Mr Newbold

Information Officer, Hastings Borough Council

Thank you for contacting us.
 
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act. 
 
If your request is for personal information your request will be dealt
with according to the requirements of the Data Protection Act and the
timescale for response may be extended to 40 days.
 
The Freedom of Information area on our website, [1]www.hastings.gov.uk,
can be accessed via a 'Quick Hit' direct link from the site's home page
and contains advice about how to make a request for information.
 
Information about all our services, including contact details, location,
and links to information published by services on the site, is available
in the A to Z of Services area which can also be accessed via a 'Quick
Hit' direct link from the site's home page.
 
 
Information Officer
Hastings Borough Council
01424 451066
[2]www.hastings.gov.uk
 
 
 

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CEO Mr Newbold (Account suspended)

Dear What Do They Know Team

I am receiving duplicate exactly the same verbose responses from an auto responder which is situated on a Hastings Borough Council system which has sending replies you your system alerts. The Information officer has stated that they don’t know how to turn this off. Can you please enable your software to restrict duplicate exactly the same Reponses sent in by email as a response to your system please?

This is very annoying and I note that people using your system receive a response stating that this cannot be done. Can you explain therefore why my requests are littered with the same response from my Council, which a) makes it hard to see real information and b) would by your own rules not be allowable.

I look forward to your response

The admition of this by my council is here:https://www.whatdotheyknow.com/request/i...

Kind Regards

Information Officer, Hastings Borough Council

Thank you for contacting us.
 
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act. 
 
If your request is for personal information your request will be dealt
with according to the requirements of the Data Protection Act and the
timescale for response may be extended to 40 days.
 
The Freedom of Information area on our website, [1]www.hastings.gov.uk,
can be accessed via a 'Quick Hit' direct link from the site's home page
and contains advice about how to make a request for information.
 
Information about all our services, including contact details, location,
and links to information published by services on the site, is available
in the A to Z of Services area which can also be accessed via a 'Quick
Hit' direct link from the site's home page.
 
 
Information Officer
Hastings Borough Council
01424 451066
[2]www.hastings.gov.uk
 
 
 

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CEO Mr Newbold (Account suspended)

Dear What Do They Know Team

I am receiving duplicate exactly the same verbose responses from an auto responder which is situated on a Hastings Borough Council system which has sending replies you your system alerts. The Information officer has stated that they don’t know how to turn this off. Can you please enable your software to restrict duplicate exactly the same Reponses sent in by email as a response to your system please?

This is very annoying and I note that people using your system receive a response stating that this cannot be done. Can you explain therefore why my requests are littered with the same response from my Council, which a) makes it hard to see real information and b) would by your own rules not be allowable.

I look forward to your response

The admition of this by my council is here:https://www.whatdotheyknow.com/request/i...

Yours sincerely,

CEO Mr Newbold

Information Officer, Hastings Borough Council

Thank you for contacting us.
 
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act. 
 
If your request is for personal information your request will be dealt
with according to the requirements of the Data Protection Act and the
timescale for response may be extended to 40 days.
 
The Freedom of Information area on our website, [1]www.hastings.gov.uk,
can be accessed via a 'Quick Hit' direct link from the site's home page
and contains advice about how to make a request for information.
 
Information about all our services, including contact details, location,
and links to information published by services on the site, is available
in the A to Z of Services area which can also be accessed via a 'Quick
Hit' direct link from the site's home page.
 
 
Information Officer
Hastings Borough Council
01424 451066
[2]www.hastings.gov.uk
 
 
 

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CEO Mr Newbold (Account suspended)

Dear Information Officer, What Do they Know Team

Can you please explain why this request has been reported as vexations as it apopears that an auto responder is being used to delay reponses
I note that the url I provided for some reason has been currupted

https://www.whatdotheyknow.com/request/i...
Which states :
Dear Mr Newbold
Each time you send an e mail to '[Hastings Borough Council request email]' you will receive our automatic response. I am unable to switch this off.
Yours sincerely
Lisa Greathead
Information Officer
I am providing this email in quotes
"www.whatdotheyknow.com/request/information_in_relation_to_deleg#incoming-897480"

I am still recieving these ato reponsse electronic messages from Information Controller which she has not been able to stop.
Yours sincerely,

CEO Mr Newbold

Information Officer, Hastings Borough Council

Thank you for contacting us.
 
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act. 
 
If your request is for personal information your request will be dealt
with according to the requirements of the Data Protection Act and the
timescale for response may be extended to 40 days.
 
The Freedom of Information area on our website, [1]www.hastings.gov.uk,
can be accessed via a 'Quick Hit' direct link from the site's home page
and contains advice about how to make a request for information.
 
Information about all our services, including contact details, location,
and links to information published by services on the site, is available
in the A to Z of Services area which can also be accessed via a 'Quick
Hit' direct link from the site's home page.
 
 
Information Officer
Hastings Borough Council
01424 451066
[2]www.hastings.gov.uk
 
 
 

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Information Officer, Hastings Borough Council

1 Attachment

18 Nov 2016
Our Reference: FOI201118
Mr. Newbold The Information Officer
Hastings Borough Council
Aqulia House
Breeds Place
Hastings
TN34 3UY
Dear Mr. Newbold

I refer to your recent request for information from this Authority
regarding Inspectors Main Modification Consultations.  Our response is
detailed below:

I trust we have interpreted your request correctly, and this is the
information you required.

You have a right to make a complaint to us if you are not happy with any
aspect of the way we have handled your request for information.
Please contact me in writing with details of any complaint you wish to
make. I will then arrange for your complaint to be dealt with through our
usual internal complaints process.
If you are then still unhappy you may complain to the Information
Commissioner who will decide whether the request has been handled
properly.
Please note that the Information Commissioner cannot generally make a
decision unless our complaints process has first been exhausted.

The Information Commissioner can be contacted at:
The Information Commissioners' Officer,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire
SK9 AF.

Yours sincerely,

Lisa Greathead
Information Officer
Aquila House
Breeds Place
Hastings
TN34 3UY
01424 451066

E Mail: [Hastings Borough Council request email]

Subject: Inspectors Main Modification Consultations

Details of Request:

Can you please profide me the relavent consultation figures information
below.

The quantity of recieved responses in regard the Inspectors Main
Modifications consultations . Can you profvide this information in a
format below :

Site name [tab] Area name eg CV01. CV04 [tab]Quantity Response in favour
[tab}Quantity Response not in favour

Response:

The attached document provides a breakdown of the number and type
(support; object; comment) of representation made to the Planning
Inspector on his "Preliminary Findings on Hastings Borough Council's
Development Management Plan" (refID/9). Please note the Inspector did not
propose any main modifications to site CVO4.

End of Request

Please note: This information is copyrighted to Hastings Borough Council
and is supplied for your personal use only.
Except as permitted under the Copyright, Designs and Patents Act 1988, the
information supplied may not be copied, distributed, published, or
exploited for commercial purposes or financial gain without the explicit
written consent of Hastings Borough Council.
We do not give permission for this information to be used for the purposes
of direct marketing.

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CEO Mr Newbold (Account suspended)

Dear Information Officer,

I am requesting an internal review as I believe your statistics omit sites with you received responses for in regard CV04 and a few other sites. I would be grateful you provide me with the correct data in the same tabled format with the correct information on it in regard to the consultations you received on the Main Modifications.

Yours sincerely,

CEO Mr Newbold

Information Officer, Hastings Borough Council

Thank you for contacting us.
 
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act. 
 
If your request is for personal information your request will be dealt
with according to the requirements of the Data Protection Act and the
timescale for response may be extended to 40 days.
 
The Freedom of Information area on our website, [1]www.hastings.gov.uk,
can be accessed via a 'Quick Hit' direct link from the site's home page
and contains advice about how to make a request for information.
 
Information about all our services, including contact details, location,
and links to information published by services on the site, is available
in the A to Z of Services area which can also be accessed via a 'Quick
Hit' direct link from the site's home page.
 
 
Information Officer
Hastings Borough Council
01424 451066
[2]www.hastings.gov.uk
 
 
 
IMPORTANT NOTICE
 
Please note that Council Offices will be closed for the Festive Season
from 4.30pm on Friday 23^rd December 2016 until 8.30am on Tuesday 3^rd
January 2017, any new Freedom of Information requests received during this
time will not be dealt with until offices re-open in the New Year.
 
 

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CEO Mr Newbold (Account suspended)

Dear Information Officer,

Can you explain if in your opinion this is legal malfeasance or legal misfeasance that is causing you to provide incorrect informaton please?

Yours sincerely,

CEO Mr Newbold

Information Officer, Hastings Borough Council

Thank you for contacting us.
 
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act. 
 
If your request is for personal information your request will be dealt
with according to the requirements of the Data Protection Act and the
timescale for response may be extended to 40 days.
 
The Freedom of Information area on our website, [1]www.hastings.gov.uk,
can be accessed via a 'Quick Hit' direct link from the site's home page
and contains advice about how to make a request for information.
 
Information about all our services, including contact details, location,
and links to information published by services on the site, is available
in the A to Z of Services area which can also be accessed via a 'Quick
Hit' direct link from the site's home page.
 
 
Information Officer
Hastings Borough Council
01424 451066
[2]www.hastings.gov.uk
 
 
 
IMPORTANT NOTICE
 
Please note that Council Offices will be closed for the Festive Season
from 4.30pm on Friday 23^rd December 2016 until 8.30am on Tuesday 3^rd
January 2017, any new Freedom of Information requests received during this
time will not be dealt with until offices re-open in the New Year.
 
 

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CEO Mr Newbold (Account suspended)

Dear Information Officer,

I believe the Council recieved a minimum of 270 reponses in relation to the church street CV04 , CV03 that came through your systems. Why are these not listed . Please address my question in relation to Legal misfeasance and legal malfeasance.

Yours sincerely,

CEO Mr Newbold

Information Officer, Hastings Borough Council

Thank you for contacting us.
 
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act. 
 
If your request is for personal information your request will be dealt
with according to the requirements of the Data Protection Act and the
timescale for response may be extended to 40 days.
 
The Freedom of Information area on our website, [1]www.hastings.gov.uk,
can be accessed via a 'Quick Hit' direct link from the site's home page
and contains advice about how to make a request for information.
 
Information about all our services, including contact details, location,
and links to information published by services on the site, is available
in the A to Z of Services area which can also be accessed via a 'Quick
Hit' direct link from the site's home page.
 
 
Information Officer
Hastings Borough Council
01424 451066
[2]www.hastings.gov.uk
 
 
 
IMPORTANT NOTICE
 
Please note that Council Offices will be closed for the Festive Season
from 4.30pm on Friday 23^rd December 2016 until 8.30am on Tuesday 3^rd
January 2017, any new Freedom of Information requests received during this
time will not be dealt with until offices re-open in the New Year.
 
 

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CEO Mr Newbold (Account suspended)

Dear Information Officer,

I am due a response under Section 1(a) asnd Section 1(b) by the 17th December 2016. If this is not forth-comming I will notify ICO of this infringement.

Yours sincerely,

CEO Mr Newbold

Information Officer, Hastings Borough Council

Thank you for contacting us.
 
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act. 
 
If your request is for personal information your request will be dealt
with according to the requirements of the Data Protection Act and the
timescale for response may be extended to 40 days.
 
The Freedom of Information area on our website, [1]www.hastings.gov.uk,
can be accessed via a 'Quick Hit' direct link from the site's home page
and contains advice about how to make a request for information.
 
Information about all our services, including contact details, location,
and links to information published by services on the site, is available
in the A to Z of Services area which can also be accessed via a 'Quick
Hit' direct link from the site's home page.
 
 
Information Officer
Hastings Borough Council
01424 451066
[2]www.hastings.gov.uk
 
 
 
IMPORTANT NOTICE
 
Please note that Council Offices will be closed for the Festive Season
from 4.30pm on Friday 23^rd December 2016 until 8.30am on Tuesday 3^rd
January 2017, any new Freedom of Information requests received during this
time will not be dealt with until offices re-open in the New Year.
 
 

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CEO Mr Newbold (Account suspended)

Dear Information Officer,

I am providfing you copy or correspondenvce recieved from Ms Kerry Culbert in regard to the meeting propossed by ther Council in regsard to the figures being tampered with.

Dear Mr Newbold
On the 17th November under a Freedom of Information Request (FOI) (Ref FOI201118) you requested information held by the Council regarding the consultation undertaken for the Development Management Plan Proposed Main Modifications. As Planning Policy Manager it fell to myself and my team to respond to that FOI request. Having received the information supplied by the Council you subsequently requested an internal review.

In spite of having invoked the Council’s FOI internal review process, you separately raised the same concerns again in your correspondence to Mrs Evans, Planning Services Manager, and in your letter of January 3rd, you specifically requested a meeting regarding the information you had received under FOI201118.

As the officer directly responsible for responding to your FOI request, and in the hope of being helpful, I contacted you directly to arrange a potential meeting date. I clearly indicated in that letter, dated 6th January, both my title “Ms” and my post title – Planning Policy Manager. However you have very clearly expressed in your letter set via email late yesterday that to meet with an “un-chaperoned female” is against your company policy. I therefore unequivocally withdraw my offer to meet with you on Friday 13th January at 10:30. Since I head-up the Planning Policy team, which also includes 2 other female members of staff, both of whom you have not met, and the 4th team member – Mr Sujeet Sharma is unavailable on Friday 13th you should regard tomorrow’s meeting as cancelled at your own request.

You will be receiving the outcome of the Council’s internal review of FOI201118 very shortly.

I cannot account for the person you describe as attending the DMP hearing sessions. There we a number of Council officers who attended during the course of the Examination, but none of whom were called “Mr Culbert”. I myself attended every day in the capacity of ‘Senior Planning Officer’, as did Mr David Phillips and Mr Sujeet Sharma.

Please treat this email as bring to end any further offers of a meeting in relation to FOI201118.

Yours Sincerely
Ms Kerry Culbert
Planning Policy Manager

I am additionally providing my communication to Mr. Chowney Leader of Hastings Council:

Dear Mr Peter Chowney, Leader of Hastings Borough Council

Re: Meeting tomorrow

Perhaps you can explain to us why your council is failing to meet with my organisation in regard to the alleged "tampered consultation responses" which was allegedly produced by council after the Main Modification Consultation. My organisation expected to meet with Council with agreed agenda tomorrow . I received a communication from Ms Culbert at 12:44pm today. stating "I therefore unequivocally withdraw my offer to meet with you on Friday 13th January at 10:30. ". I can only consider Ms. Culbert has no base of evidence that she can deliver which will prove this consultation has not been tampered with. I would be grateful therefore you inform me who has tampered with this consultation?

Can you explain to me why when We wrote to Eleanor Evans to ask her for a meeting she referred this to a third party who clearly was not working as an officer under the Complaints Policy. We will be at Muriles House at 10:30am. Can you provide some officers prepared to meet with us at Muriel Matters House to discuss this? I understand you are obliged to provide an officer or officers to discuss this serious matter. Please note I have inforemed the press of your current position.

I would point out that I have not met with any of the Planning Policy Team . I have spoken to Sujeet Sharam by telephone shortly after the Examination process to express that the procedures where not being followed correctly. He suggested a meeting but was unprepared to come to this meeting with a word document containing the Inspectors Report . This meeting therefore never happened.

Yours sincerely,

CEO Mr Newbold

Information Officer, Hastings Borough Council

Thank you for contacting us.
 
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act. 
 
If your request is for personal information your request will be dealt
with according to the requirements of the Data Protection Act and the
timescale for response may be extended to 40 days.
 
The Freedom of Information area on our website, [1]www.hastings.gov.uk,
can be accessed via a 'Quick Hit' direct link from the site's home page
and contains advice about how to make a request for information.
 
Information about all our services, including contact details, location,
and links to information published by services on the site, is available
in the A to Z of Services area which can also be accessed via a 'Quick
Hit' direct link from the site's home page.
 
 
Information Officer
Hastings Borough Council
01424 451066
[2]www.hastings.gov.uk
 
 
 
 

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Information Officer, Hastings Borough Council

3 Attachments

Dear Mr Newbold
 
I refer to your email dated 13^th December 2016 requesting an Internal
Review following our response to your Freedom of Information request ref:
FOI201118.
 
I have been asked as a Senior Officer of the Council that has not been
directly involved with this request to carry out the review.
 
Hastings Borough Council received the following request for information on
the 17^th November 2016
 
Can you please profide me the relavent consultation figures information
below.
 
The quantity of recieved responses in regard the Inspectors Main
Modifications consultations . Can you profvide this information in a
format below :
 
Site name [tab] Area name eg CV01. CV04 [tab]Quantity Response in favour
[tab}Quantity Response not in favour
 
Hastings Borough Council responded with the following on the 9^th December
2016
 
The attached document provides a breakdown of the number and type
(support; object; comment) of representation made to the Planning
Inspector on his "Preliminary Findings on Hastings Borough Council's
Development Management Plan" (refID/9). Please note the Inspector did not
propose any main modifications to site CVO4.
You requested an Internal Review dated 13^th December 2016
 
The Review
 
Background
 
The Inspector’s Preliminary Findings and Proposed Main Modifications of
the Development Management Plan (DMP) were consulted upon between 13.02.15
and 27.03.15.
 
[1]http://www.hastings.gov.uk/planning/poli...
 
The above webpage provides a link to:

i. the Inspector’s document, ie his Preliminary Findings and Proposed Main
Modifications of the Development Management Plan (reference No ID/9);
ii. The Council’s sustainability appraisal of the Proposed Main
Modifications (MMs);
iii. The Council’s ‘statement of representation procedure’; which is sets
how to and where to make a representation in respect of ID/9, and
iv. A printable (PDF) report of all the representations received on the
Proposed Main Modifications.  This report is generated from the
Council’s dedicated Local Plan online consultation system.  All of the
representations received were entered in to this software by the
Council’s Planning Policy team.  This report is produced in MM order. 
The Inspector’s proposed 9 Main Modifications to the Plan (DMP).

 
In addition to viewing the specially generated report of all the
representation received, the webpage also includes a direct link in to the
consultation software.  This is set out in the text as follows “Copies of
the consultation documents, together with all the representations received
can be viewed on our [2]online consultation system …”  clicking on this
link and following subsequent click-throughs will actually allow the
viewer to ascertain the number of representations that we made against
each of the Inspector’s Proposed Main Modifications.  All of this
information was made available as soon as was practically possible after
the close of the consultation on the Proposed MMs.   Everyone who made a
representation was contacted via a letter, which included confirmation
that all representations received had been passed to the Inspector and
guidance on how to view those representations that had been made (a copy
of that letter is attached for information - please note that names, email
addresses etc have been redacted as these fall under Section 40(2) of the
Freedom of Information Act ‘personal data’ this is an absolute exemption
and will not be provided).
 
 
 
The request for an internal review of the information supplied under
FOI201118 appears to stem the absence of any statistical information in
relation to the number of representations received regarding the then
proposed site allocation Policy CV04 – Church Street.  Importantly, in
terms of the consultation on the Proposed Main Modifications and in
relation to the subsequently FOI request, a Planning Inspector, and this
includes the Inspector examining the Hastings Development Management Plan,
is only inviting representations on those Main Modifications which are
being proposed.  The Hastings DMP Inspector was clear about this in
paragraph 15 of his ID/9 and this is again stated clearly in the Planning
Inspectorate’s “Procedural Practice in the Examination of Local Plans” the
first bullet point under paragraph 5.27 of that document clearly states:
 
“The precise arrangements for public consultation on any proposed MMs may
vary from case to case but there are a number of important principles that
apply throughout:

* it should be made clear that the consultation is only about proposed
MMs and not other aspects of the plan and that these are put forward
without prejudice to the Inspector’s final conclusions on the plan”;  

 
In addition, the Examination Programme Officer, employed to work on behalf
of the Inspector and to liaise with the Council and everyone involved in
the DMP Examination process, also made this clear in response to material
submitted by the Friends of Speckled wood Management Trust during the
consultation period on the Proposed MM’s.
 
However, whilst the Inspector made no Proposed Main Modifications in
relation to site CVO4 – Church Street, but indeed had sight of and heard a
good deal of evidence leading up to and during the course of the
examination in relation to CVO4, anyone wishing to make a representation
in relation to site CVO4 (or any other site or policy) during the
consultation period on the Proposed MMs, isn’t prevented from doing so and
importantly all representations received regardless of whether or not they
related to the Proposed MMs were passed on to the Inspector.
 
This is indeed the case in relation site CVO4.  Sites CVO1, CVO3 and CVO4
are linked in as much as they relate to 3 land parcels proposed for
housing development on the periphery of a wider area of land identified as
‘Amenity Green Space’ (Speckled Wood) in what was then the Submission
DMP.  The Inspector, as set out in his document ID/9 proposed the deletion
from the DMP of sites CVO1 (Main Modification 8) and CVO3 (Main
Modification 9) but not CVO4 
 
The vast majority of representations received on the Proposed MMs were
made in relation MM8 and MM9 (see attached information supplied under
FOI201118).  These representations, whilst supporting the Inspector’s
proposed MM8 and MM9, included additional text which would have left the
Inspector in doubt that these representations were also seeking the
deletion of site CVO4 from the Plan.  The Friends of Speckled Wood
Management Trust, of which Mr Newbold is the chairman, submitted their own
representations and assisted many other people to do so via the Trust’s
website.  These representations, which were submitted to the Council via
the Friends of Speckled Wood Management Trust website, fell in to one of 3
types:

 1. A ‘standard’ Friends of Speckled Wood (FOSW) representation which was
submitted by people in relation to MM8 & MM9.  The text of this FOSW
‘standard’ representation requested a new Modification or an expansion
of MM9 to include an additional area of Speckled Wood (ie CVO4)
 2. A ‘non-standard’ representation where the person making the
representation chose to submit their own wording rather than using
FOSW’s wording, and
 3. representations which simply stated the word ‘yes’

 
An example of the representations submitted under type 1 above is shown
under Representations 10548 & 10549:
10548:
Full Text: The decision to delete MM8 site allocation at Victoria Avenue
(CV01) due to environment and community considerations overriding any
requirement for development is welcomed. MM9 deletion of proposed housing
allocation
CV03 at Rear of Old London Road is welcomed but it does not provide
protection for the remainder of the woodland.
To make the plan sound either an additional or new Main Modification
should be created. MM9 should be expanded to encompass the entire Speckled
Wood/ Upper Ore Valley green-space lying to the Rear of Old London Road
and encompassing Church Street (un-adopted) to Clifton Road, Frederick
Road, known locally as nomenclature Speckled Wood essentially on the
grounds that the environmental and community considerations outweigh the
need/requirement for housing. Policies for Local Nature Reserve, Ancient
Woodland and Local Wildlife Site would appear to be the appropriate status
for this site. This is in line with the Policies contained within the
Local Plan.
Summary: The decision to delete MM8 site allocation at Victoria Avenue
(CV01) due to environment and community considerations overriding any
requirement for development is welcomed.
 
10549:
Full Text: The proposals are welcome but I wish to make the following
amendments below to make the unsound Plan sound.
Please register my opinion and respond via my email address.
The decision to delete MM8 site allocation at Victoria Avenue (CV01) due
to environment and community considerations overriding any requirement for
development is welcomed. MM9 deletion of proposed housing allocation CV03
at Rear of Old London Road is welcomed but it does not provide protection
for the remainder of the woodland.  To make the plan sound either an
additional or new Main Modification should be created. MM9 should be
expanded to encompass the entire Speckled Wood/ Upper Ore Valley
green-space lying to the Rear of Old London Road and encompassing Church
Street (un-adopted) to Clifton Road, Frederick Road, known locally as
nomenclature Speckled Wood essentially on the grounds that the
environmental and community considerations outweigh the need/requirement
for housing. Policies for Local Nature Reserve, Ancient Woodland and Local
Wildlife Site would appear to be the appropriate status for this site.
This is in line with the Policies contained within the Local Plan.
Summary: Qualified support: MM9 the deletion of allocation CV03 is
welcomed but it does not provide protection for the remainder of the
woodland. To make the plan sound MM9 should be expanded to encompass the
entire Speckled Wood/ Upper Ore Valley green-space lying to the Rear of
Old London Road and encompassing Church Street (un-adopted) to Clifton
Road, Frederick Road, known locally as nomenclature Speckled Wood on the
grounds that the environmental and community considerations outweigh the
need/requirement for housing. Policies for Local Nature Reserve, Ancient
Woodland and Local Wildlife Site would appear to be the appropriate status
for this site.
 
An example of type 2 above is shown under Representations 9754 and 9755:
9754:
Full Text: The proposals are welcome but I wish to make the following
amendments below to make the unsound Plan sound.
Please register my opinion and respond via my email address.
My children idealise speckled wood hours of fun and learning and not man
mad fun and learning a very rare thing to find in Hastings unless you have
transport.
Summary: The proposals are welcome but I wish to make the following
amendments below to make the unsound Plan sound.
My children idealise speckled wood hours of fun and learning and not man
mad fun and learning a very rare thing to find in Hastings unless you have
transport.
 
9755:
Full Text: The proposals are welcome but I wish to make the following
amendments below to make the unsound Plan sound.
Please register my opinion and respond via my email address.
My children idealise speckled wood hours of fun and learning and not man
mad fun and learning a very rare thing to find in Hastings unless you have
transport.
Summary: The proposals are welcome but I wish to make the following
amendments below to make the unsound Plan sound.
My children idealise speckled wood hours of fun and learning and not man
mad fun and learning a very rare thing to find in Hastings unless you have
transport.
 
And an example of type 3 is shown in Representation 11134:
Full Text: The proposals are welcome but I wish to make the following
amendment below to make the unsound Plan sound.
Please register my opinion and respond via my email address.
Yes
Summary: The proposals are welcome but I wish to make the following
amendment below to make the unsound Plan sound.
Please register my opinion and respond via my email address.
Yes
 
For those representations which were submitted as a simple ‘yes’, of which
there were only a small number, these were recorded against paragraph 15
of the Main Modifications as they had insufficient text to conclusively
identify which of the 1-9 MMs they related to.   The statistics for the
number of representations made in relation to MM8, MM9 and paragraph 15
along with the number of representations made in relation to all other
Proposed Modifications were shown in the table supplied in response to the
FOI (attached to this note).  With regard to MM8 and MM9, these statistics
also include other representations made to these Proposed MMs which were
submitted independently of the Friends of Speckled Wood website.
 
In all instances, the Inspector was able to see the full text of all the
Representations made in relation to his Proposed MMs (ID/9).  These were
supplied to him in paper format as well as electronically as soon as
practicable after the consultation closed.  These were and still are also
available for anyone to see, via the Council’s website (weblinks provided
above). 
 
Confirmation that all representations received had been passed to the
Inspector was confirmed in letters sent by post and email on 07.05.15 to
all those who commented.  The letter included details on how to view all
the representations that had been received and those receiving the letter
were invited to get in touch with the Planning Policy team with any
queries.
 
The Planning Policy team is aware that additional advice about making a
representation on the Proposed MMs was given to the Friends of Speckled
Wood Trust via the Examination Programme Officer.  I draw your attention
to the Examination Programme Officer’s email dated 26.03.15 (attached,
please note that names, email addresses etc have been redacted as these
fall under Section 40(2) of the Freedom of Information Act ‘personal data’
this is an absolute exemption and will not be provided) and in particular
her comments (reproduced here) in which she advises on material that can
be submitted at the Proposed MM consultation stage, and that the Council
was carrying out the consultation in accordance with procedure:
 
 
 
“Dear Mr Newbold
 
As you know and have been advised on several occasions, I cannot accept
any further submissions from any party at this stage.  I am unable to
process and forward your representations to the Inspector directly.
 
Currently the Inspector has invited responses to the proposed Main
Modifications and the Council, in accordance with procedure, is carrying
out this consultation and receiving the responses.  It does appear however
that you have not concerned yourself with the Main Modification
Consultation solely as requested but have brought in other issues which
may not be within the Inspector's remit to consider or recommend any
action”. 
 
 
In conclusion, I can confirm the Inspector had sight of all
representations submitted to the Main Modifications consultation, that
there was no Proposed Main Modification relating to CVO4, and hence
comments relating to CVO4 do not appear in the table supplied under
FOI201118.  But that the Inspector clearly had sight of all those
representations (specifically in relation to MM8 & MM9) which made
reference to CVO4.  These representations were available to the Inspector
and still are available to view via our website even though the
Development Management Plan is now adopted. 
 
I trust that this deals with your concerns.
 
If you are still unhappy with our response you may complain to the
Information Commissioner who will decide whether the request has been
handled properly.
 
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113
[3]www.ico.org.uk
 
Yours sincerely
 
Mrs C Barkshire-Jones
Chief Legal Officer
 
 
 

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CEO Mr Newbold (Account suspended)

Dear Mrs. Barkshire-Jones,
Chief Legal Officer

Ref: FOI201118.
13 January 2017

Thank you for your response as of 2017-01-13 13:50:47 PM

You were informed of the request for an Internal Review "www.whatdotheyknow.com/request/can_you_please_provide_me_detail " at 2016-11-22 10:48:24. You should note this Internal Review was required within 40 days of this date. You provided a review finally today on day 45 outside the period of time allowed by FOIA .

Mrs. Barkshire -Jones, who conducted this Review, was aware of our attempts to meet with Mrs. Eleanor Evans, Ms. Lisa Greathead and Ms. Kerry Culbert. Having received an invitation with Agenda by recorded Royal Mail Special Delivery on the 11th January 2017 (SF198257332GB) and the 8th January 2017(SF246352256GB) She was notified of our continuing request for this meeting as late as Thu, Jan 12, 2017 at 6:13 PM. Ms. Kerry Culbert wrote her email 11th January 2017 at 4:51pm in an attempt to derail this meeting stating that she would only meet with me and not with anyone else and unless this was complied with, her offer to meet would be withdrawn . Ms. Kerry Culbert then wrote by email Thu, Jan 12, 2017 at 12:44 PM stating “I therefore unequivocally withdraw my offer to meet with you on Friday 13th January at 10:30am.” At no point did Ms. Lisa Greathead or Mrs. Eleanor Evans write to inform that they would not be attending. Emails from Mrs. Eleanor Evans were received Thu, Jan 12, 2017 at 9:07 AM and Thu, Jan 12, 2017 at 9:17 AM stating “Kerry Culbert is not within my team therefore. If you wish to discuss the question of who attends the meeting you will have to take it up with her however I will pass your concerns onto her so she is aware”.

Three Directors of the Hastings Badger Protection Society Ltd came to this meeting which we felt was with Ms. Lisa Greathead who had not cancelled advising her nonattendance. Neither had Mrs. Eleanor Evans. It was evident from the reception staff that no meeting room had been allocated. It further transpired on a signed paper note that Mrs. Eleanor Evans was at home working and had no intention of meeting with us. The intention of this meeting was to allow Ms. Kerry Culbert to explain the difference in the actual consultation and the table that had been provided. It was also written on agenda that were asking for Ms. Kelly Culbert to explain why her name and computer was embedded in the Inspector Report electronic files as author of the work and to explain why one report was not evident at all. This was a requirement under the legislation detailed on page 28-30 the Procedural Practice in Examination of Local Plans written by the Planning Inspectorate June 2016 (4th Edition v.1) [1]. It is stated here under Main Modifications 5.24 - 5.33. We were also informed that Ms. Lisa Greathead was in another meeting and could not speak to us by telephone or in reception. Ms. Kerry Culbert and Mr. Pranesh Datta came down to speak with us at reception informing “I repeat again I cancelled the meeting.”. Mr. Wise asked “Can we go into the meeting room and sit down” Ms. Kerry Culbert said “that she had not booked the meeting room” and ushered us to the side of the foyer for a brief discussion. The whole situation was inappropriate as Ms. Kerry Culbert appeared with her colleague Mr. Pranesh Datta, there no reason why the meeting could not comfortably go ahead.

You state at paragraph named 104359 in regard to the majority of the consultation: “MM9 should be
expanded to encompass the entire Speckled Wood/ Upper Ore Valley green-space lying to the Rear of Old London Road and encompassing Church Street (un-adopted) to Clifton Road, Frederick Road, known locally as nomenclature Speckled Wood essentially on the grounds that the environmental and community considerations outweigh the need/requirement for housing. Policies for Local Nature Reserve, Ancient Woodland and Local Wildlife Site would appear to be the appropriate status for this site.”

Your response 9th December 2016 at 14:48:12 as shown in delivery event history “www.whatdotheyknow.com/details/request/can_you_please_provide_me_detail” is not correctly dated the tabled attachment to this communication bears no indication that these consultation responses at paragraph named 104359 were included.

The Hastings DMP Inspector was clear about this in paragraph 15 of his ID/9 and this is again stated clearly in the Planning Inspectorate’s “Procedural Practice in the Examination of Local Plans” the first bullet point under paragraph 5.27 of that document clearly states:

“The precise arrangements for public consultation on any proposed MMs may vary from case to case but there are a number of important principles that apply throughout:

*it should be made clear that the consultation is only about proposed MMs and not other aspects of the plan and that these are put forward without prejudice to the Inspector’s final conclusions on the plan”;

It is quite clear from these majority responses at paragraph named 104359 that the comment: “MM9 should be expanded to encompass the entire Speckled Wood/ Upper Ore Valley…” are quite within these guidelines and therefore quite acceptable to be put forward without prejudice to the Inspectors final conclusion of the plan. As the expansion of MM9 wording would encompass CV04 in its boundary expansion it would have been reasonable for the Inspector to be advised on the large consultation in respect to exiting MM9 and CV04. Your table attachment at 9th December 2016 at 14:48:12 shows no such evidence was presented to the Inspector. In fact it is absent in its entirety without substance or reason why it was withheld and by whom.

It is quite obvious to any reader of this that a Planning Inspector or Decision Maker would go straight to a table summary that was provided as a determination point. This determination point the table however was not transparent and did not present the facts of the true consultation. Your reason for withholding this information is also questionable when you note consultation references to Paragraph 14 "omission" sites and Paragraph 15 representations on the Main Modifications being included in the table. It appears that the Council is at liberty to choose what went into this table not the Planning Inspector as both of these are not Main Modifications.

Turning to last point in regard to the Inspectors Reports which have Ms. Kerry Culberts’ name and work station stamped electronically into them No reason for this was presented by Ms. Kerry Culbert when we spoke to her in the Reception/Information Center Foyer at Muriel Matters House this morning. Furthermore a telephone call to Mr. Sujeet Sharma later on the same day revealed that Council believes that this information was created by a conversion from Microsoft Word to Adobe Portable File Format and that this information was derived from her workstation here. However as an experienced Computer Software Programmer who has worked with Microsoft File Transfers and additionally under contract through third party for the Council. I am quite aware export of Microsoft Word documents preserves document formatting and enables file sharing. When the PDF format file is viewed online or printed, it retains the format that you intended. The PDF format is also useful for documents that will be reproduced using commercial printing methods. PDF is accepted as a valid format by many agencies and organizations, and viewers are available on a wider variety of platforms than XPS.

It is not understood why Mr. Sujeet Sharma felt that these formats were replaced with Ms. Kerry Culberts’ details. Integration of formats is given precedence in a conversion where data from the source is used in preference to any other data. It is clear then that this information must be in the source document prior to conversion. It is furthermore unexplained why if these electronic documents were available why they were not evidentially made available to the court which stated it held every document that the Council held. Despite all this no explanation for the missing Inspectors Report has been given which is clearly not contained in the Court bundle.

It should be noted that Church Street was a highway which became a public footpath and bridleway.

The particulars in respect to this meeting will be addressed in separate letter to Eleanor Evans.

I do not believe I have been shown a genuine Inspectors Report. I attended the Public Examination and expected to see a genuine report. One has not been forthcoming.

Yours sincerely,
CEO Mr. Martin Newbold

Information Officer, Hastings Borough Council

Thank you for contacting us.
 
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act. 
 
If your request is for personal information your request will be dealt
with according to the requirements of the Data Protection Act and the
timescale for response may be extended to 40 days.
 
The Freedom of Information area on our website, [1]www.hastings.gov.uk,
can be accessed via a 'Quick Hit' direct link from the site's home page
and contains advice about how to make a request for information.
 
Information about all our services, including contact details, location,
and links to information published by services on the site, is available
in the A to Z of Services area which can also be accessed via a 'Quick
Hit' direct link from the site's home page.
 
 
Information Officer
Hastings Borough Council
01424 451066
[2]www.hastings.gov.uk
 
 
 
 

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