Changes to West Kirby Leisure Centre (including the closure of 1st floor of Public Library).

Alan Rundle made this Freedom of Information request to Wirral Metropolitan Borough Council

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

Response to this request is long overdue. By law, under all circumstances, Wirral Metropolitan Borough Council should have responded by now (details). You can complain by requesting an internal review.

Dear Wirral Metropolitan Borough Council,

Please supply copies of ALL emails, faxes and letters to and from council officer Malcolm Flanagan that relate to the 2014 changes to the West Kirby Leisure Centre (including the closure of the first floor of West Kirby Public Library).

Yours faithfully,

Alan Rundle

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

1 Attachment

Good Afternoon

 

Thank you for your recent request made under the Freedom of Information
Act.

 

Other than the email from Graham Burgess to yourself of 23^rd July 2014
(into which Malcolm Flanagan was copied) and your email of 29^th July 2014
to Mr Flanagan (both of which you are already in possession of), the only
other correspondence sent or received by Mr Flanagan on this subject is
attached.

 

Please note that the name of the Council officer to whom the emails were
sent has been redacted in accordance with Section 40(2) of the Act, as
this is personal information of a third party. The officer in question
does not occupy a public-facing role, nor is the seniority of their role
sufficient to forego their reasonable expectation of privacy. It is
therefore considered that releasing this information would not constitute
the fair and lawful processing of their personal data, and as a result
would breach the First Data Protection Principle.

 

You have the right under Section 17 of the Act to ask for an internal
review in respect of this refusal of your request for information. This
should be addressed to:

Information Manager

Legal and Member Services

Town Hall

Brighton Street

Wallasey

CH44 8ED

[1][Wirral Borough Council request email]

 

If you are dissatisfied with the result of your internal review, you also
have the right to complain to the Information Commissioner, whose address
is

The Information Commissioner’s Office,

Wycliffe House,

Water Lane,

Wilmslow,

Cheshire SK9 5AF

[2]www.ico.gov.uk

 

Kind regards,

 

Sent on behalf of

 

Tracy O'Hare

Information Management

Transformation and Resources

Wirral Council

 

This information supplied to you is copyrighted and continues to be
protected by the Copyright, Designs and Patents Act 1988. You are free to
use it for your own purposes, including any non commercial research you
are doing and for the purposes of news reporting. Any other reuse, for
example commercial publication, would require our specific permission, may
involve licensing and the application of a charge.

 

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Dear Wirral Metropolitan Borough Council,

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

I am writing to request an internal review of Wirral Metropolitan Borough Council's handling of my FOI request 'Changes to West Kirby Leisure Centre (including the closure of 1st floor of Public Library).'.

Please can you explain the basis on which a decision was taken to go ahead with works on the Concourse Leisure Centre (including the Public Library) in West Kirby, when a challenge to the lawful status of the planning permission process is still to be judged in the Court of Appeal?

Why is Wirral Metropolitan Borough Council still not allowing members of the public to participate in environmental decision-making, in line with the requirements of the United Nations' 'Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters' (the Aarhus Convention), Article 6, paragraph 4?

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,

Alan Rundle

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

Good Afternoon

 

Thank you for your email.

 

It is unclear what aspect of the Council's response to your request you
would like to be reviewed, as the further questions you have asked do not
relate to the correspondence sent and received by Malcolm Flanagan. If you
were to specify the issues you have with the Council’s response to your
original enquiry we will happily conduct a review of it.

 

The further questions you have raised are not considered to be requests
for recorded information, but rather explanations for the Council’s
actions, and are therefore not covered by the Freedom of Information Act.
Guidance on the types of information covered by the Act can be found on
the Information Commissioner’s website at [1]this link.

 

Kind regards,

 

Sent on behalf of

 

Tracy O'Hare

Information Management

Transformation and Resources

Wirral Council

 

This information supplied to you is copyrighted and continues to be
protected by the Copyright, Designs and Patents Act 1988. You are free to
use it for your own purposes, including any non commercial research you
are doing and for the purposes of news reporting. Any other reuse, for
example commercial publication, would require our specific permission, may
involve licensing and the application of a charge.

 

show quoted sections

Dear Wirral Metropolitan Borough Council,

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

I am writing to request an internal review of Wirral Metropolitan Borough Council's handling of my FOI request 'Changes to West Kirby Leisure Centre (including the closure of 1st floor of Public Library).'.

Malcolm Flanagan's email of 16 October 2014 states:
"his judicial review was lost so in my view we can close this stage 2 as
being resolved by court action which was not upheld".

Malcolm Flanagan's conclusion completely ignores the fact that the case was taken, on appeal, in October 2014,to the Court of Appeal, the Royal Courts of Justice, London, and the date of issued was23 October 2014.

If the Court of Appeal, or the European Court of Human Rights subsequently, find that Wirral Metropolitan Borough Council acted unlawfully as a consequence of not fulfilling its obligations in line with the requirements of the United Nations' 'Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters' (the Aarhus Convention), Article 6, paragraph 4, what finances has the Council put aside to reverse the changes that it has made to the West Kirby Concourse (including the Public Library) since the significant alterations commenced on 21 July 2014?

Please provide information to explain the basis on which a decision was taken to go ahead with works on the Concourse Leisure Centre (including the Public Library) in West Kirby, when a challenge to the lawful
status of the planning permission process is still to be judged in
the Court of Appeal?

Please provide documentation to explain why Wirral Metropolitan Borough Council considers that it is not subject to the United Nations' 'Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters' (the Aarhus Convention) and is still not allowing
members of the public to participate in environmental
decision-making as specified by the Aarhus Convention.

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,

Alan Rundle

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

Good Afternoon

Thank you for your email.

As stated, you do not appear to be contesting the Council's response to your enquiry (for copies of correspondence), but have raised subsequent, separate questions.

Your email is therefore being treated as a new request and the Council will be in touch in due course.

Kind regards,

Sent on behalf of

Tracy O'Hare
Information Management
Transformation and Resources
Wirral Council
 
This information supplied to you is copyrighted and continues to be protected by the Copyright, Designs and Patents Act 1988. You are free to use it for your own purposes, including any non commercial research you are doing and for the purposes of news reporting. Any other reuse, for example commercial publication, would require our specific permission, may involve licensing and the application of a charge.

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InfoMgr, FinDMT, Wirral Metropolitan Borough Council

Good Afternoon

 

Further to your request below, Wirral Council can confirm there is no
further recorded information in respect to your queries to provide you.

 

Kind regards

 

Tracy O'Hare

Information Management

Transformation and Resources

Wirral Council

 

This information supplied to you is copyrighted and continues to  be
protected by the Copyright, Designs and Patents Act 1988. You are free  to
use it for your own purposes, including any non commercial research  you
are doing and for the purposes of news reporting. Any other reuse, for 
example commercial publication, would require our specific permission, 
may involve licensing and the application of a charge.

 

 

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