Comments for planning application OUT/23/00478
Dear Wirral Metropolitan Borough Council,
Please could you provide the comments from the public (and names - like other Council's do) made with regards to planning application OUT/23/00478.
Yours faithfully,
Jeremy Bramley
Good Morning
Please see the following link for the information you have requested.
https://online.wirral.gov.uk/planning/in...
Please note how data is published on the link provide under Terms and Conditions and How We Process Your Data, we trust this answers your queries.
Many Thanks
Emma
Information Management Officer
Dear InfoMgr, FinDMT,
Thank you Emma. However, there are no public comments attached on the link.
Did Wirral borough Council receive no public comments - supportive or otherwise as part of the application?
Yours sincerely,
Jeremy
Dear InfoMgr, FinDMT,
I'm afraid that there is no information. This is simply a link to the planning application. The decision notice advising that there was public comments made. Could you please provide these comments and the names of respondonts
Yours sincerely,
Jeremy
Good Morning Jeremy
You have already inputted a follow up FOI request in Ref 1663943 in which you stated:
Please could you provide the comments from the public (and names - like other Council's do) made with regards to planning application OUT/23/00478.
Please be assured this is currently with the service area pending a response to you due 19th September.
Many Thanks
Emma Murphy
Information Management Officer
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 'Comments for planning application OUT/23/00478'.
I note that you have aggregated my requests, which authorities are permitted to do for the purposes of a Section 12 exemption — but as you may be aware, ICO guidance (https://ico.org.uk/media/for-organisatio...) states that this practice allows "the aggregation period to only run up to 20 days ‘forward’ from the date of any single request under consideration" and "up to 20 days ‘backwards’ from the date of any single request under consideration" and "the total aggregation period (running either forwards or backwards or a combination of both) from the date of any single request must not exceed 60 working days".
For this reason I believe the exemption is invalid when applied in this manner, and request that you review your response.
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
Dear Mr Bramley
We refer to your email of 16 October 2023 in which you refer to an
aggregation of requests in relation to your request for comments in
respect of planning application OUT/23/00478.
Please be advised that a response to your request was sent to you on 25
September 2023 and a copy of that response is shown below. No Section 12
exemption has been replied upon in this matter and I am therefore unclear
as to what you reference in your email of today's date.
I have tried to resend the response with attachments and it has been
rejected by the WDTK servers, possibly due to size limitation on
attachments. If you would provide us with an alternative email address we
can re-send the information requested. Please email us at
[1][Wirral Borough Council request email] from an email account that is not part
of the WDTK platform.
You may also wish to raise this with the WDTK website support team.
Yours sincerely
Lynette Paterson
Principal Information Management Officer
Resources – Digital and Improvement
Wirral Council
PO Box 290
Brighton Street
Wallasey
CH27 9FQ
Email: [2][Wirral Borough Council request email]
Visit our website: [3]www.wirral.gov.uk
Dear InfoMgr, FinDMT,
Thank you for reply. I have taken this as a refusal. So please would Wirral Borough Council please provide one document submitted by S L Evans. I would like to see the names of the public who signed this document.
Yours sincerely,
Jeremy
Dear Mr Bramley
We refer to your email 18 December 2023 and have treated this as a
request for an Internal Review as you have expressed dissatisfaction of
the Council’s original decision as follows:
'Thank you for reply. I have taken this as a refusal. So please would
Wirral Borough Council please provide one document submitted by S L
Evans. I would like to see the names of the public who signed this
document.'
It has been necessary for the Council to redact personal information from
the document. In doing so, the Council is relying on the exemption under
section 40(2) of the Freedom of Information Act (FOIA).
The Council therefore upholds its decision as this states that the
personal information of a third party must not be disclosed, if to do so
would contravene any of the data protection principles.
“Personal data” is defined under section 3(1) of the Data Protection Act
2018 as any information relating to an identified or identifiable living
individual.
If the Council released the personal information included in the document,
the names of individuals would be identified.
The data protection principle that is most likely to be relevant is the
first principle of the DPA 2018 which states that personal data must be
processed in a lawful, fair and transparent manner. If the processing (in
this case the disclosure) would not be lawful, fair, and transparent then
it would contravene the first DPA principle, and the information is then
exempt from disclosure under FOIA section 40(2).
Accordingly, the Council is refusing to release the personal information
under section 40(2) of the FOIA.
Should you remain dissatisfied with this internal review then you also
have the right to appeal to the Information Commissioner who can be
contacted at [1]https://ico.org.uk/global/contact-us/ Wirral Council
consider that this request is now closed.
Yours sincerely
Tracy O'Hare
Information Management Officer
Wirral Council
PO Box 290
Brighton Street
Wallasey
CH27 9FQ
Email:[2][Wirral Borough Council request email]
Visit our website: [3]www.wirral.gov.uk
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
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 notify the system manager.
References
Visible links
1. https://ico.org.uk/global/contact-us/
2. mailto:[Wirral Borough Council request email]
3. http://www.wirral.gov.uk/
Dear InfoMgr, FinDMT,
Thank you for your reply. Politely, I refer to you the Local Government Act 2000.
Comments whether submitted online or via email will become public documents, they cannot be treated as confidential even if the writer expressly wishes it (in accordance with the Local Government Act 2000).
Wirral Borough Council have not disclosed these documents on the planning application website, which you are required to do. I refer you to your previous email, where Wirral Borough Council advised that they were willing to provide this information - but have not done so. Please could you now provide.
Yours sincerely,
Jeremy
Dear Mr Bramley
Wirral Council have reviewed correspondence to date as there appears to be
some confusion over what has been supplied to you and what can/cannot be
disclosed.
On 25 September 2023, a copy of the public comments, redacted in
accordance with our data protection obligations, was forwarded to the WDTK
website.
On 16 October 2023, you requested an internal review, referring to an
“aggregation of requests” that had not taken place. We responded on the
same day, confirming that an alternative email address would be required,
as the WDTK website server had rejected the document due to size
limitations. No response was received.
An internal review was completed on 20 December 2023. You immediately
responded, asking for one submission document by a S L Evans so you may
“see the names of the public who signed this document.”
As previously explained, we are obligated to protect the rights of third
party individuals and whilst their comments are not protected, the names
of those signatories are exempt under Section 40(2) FOIA. If we were to
provide you with a singular submission made by S L Evans, this would
breach that individual’s data rights and again, all personal identifiable
data would be redacted.
In summary, we can provide you with a copy of all public comments (subject
to redactions under S40(2) FOIA) if you provide us with a suitable
alternative email or postal address. This should be sent direct to
[1][Wirral Borough Council request email] or submitted at this link
[2]https://www.wirral.gov.uk/about-council/...
and note not posted on this platform.
If you are dissatisfied with this suggestion, you may complain to the ICO,
details of which have been provided and we will be happy to cooperate with
their enquiries.
*Please note that whilst we aim to comply with the legislative timescales,
we are currently dealing with a very high volume of requests which will
lead to a delay in our response times. We apologise for any inconvenience
this may cause.
The Information Management service will be closed over the Christmas
period from 22 December 2023 - 2 January 2024. Any request received after
Monday 27 November 2023 is likely to be delayed as a result of this
holiday period.
Yours sincerely
Tracy O'Hare
Information Management Officer
Wirral Council
PO Box 290
Brighton Street
Wallasey
CH27 9FQ
Email:[3][Wirral Borough Council request email]
Visit our website: [4]www.wirral.gov.uk
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
Dear InfoMgr, FinDMT,
Thank you - please could you confirm that correct email address for the Council that I need to contact , as none is supplied in your response.
Yours sincerely,
Jeremy
Dear Mr Bramley
Please be advised the email address is contained in the correspondence
provided and is: [Wirral Borough Council request email] . We advise you may
need to contact your platform provider if you cannot view this.
Alternatively please submit your enquiry at this link
[1]https://www.wirral.gov.uk/about-council/...
*Please note that whilst we aim to comply with the legislative
timescales, we are currently dealing with a very high volume of requests
which will lead to a delay in our response times. We apologise for any
inconvenience this may cause.
The Information Management service will be closed over the Christmas
period from 22 December 2023 - 2 January 2024. Any request received after
Monday 27 November 2023 is likely to be delayed as a result of this
holiday period.
Yours sincerely
Tracy O'Hare
Information Management Officer
Wirral Council
PO Box 290
Brighton Street
Wallasey
CH27 9FQ
Email:[2][Wirral Borough Council request email]
Visit our website: [3]www.wirral.gov.uk
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
Dear InfoMgr, FinDMT,
Thank you . Please could you provide the information to [email address].
Yours sincerely,
Jeremy
Dear Mr Bramley
[1]https://www.whatdotheyknow.com/request/c...
Thank you for your further contact 19 January 2024 16:26 shown below,
please find attached information resubmitted to the email you have
provided: [WhatDoTheyKnow contact email].
Yours sincerely
Tracy O'Hare
Information Management Officer
Wirral Council
PO Box 290
Brighton Street
Wallasey
CH27 9FQ
Email:[2][Wirral Borough Council request email]
Visit our website: [3]www.wirral.gov.uk
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
Dear InfoMgr, FinDMT,
Thank you for your email, but as with your response of the 25th. There is no information attached. Please could you resend.
Yours sincerely,
Jeremy
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