Dear B Jones

Freedom of Information Request Case ID CAS-2798

Thank you for your request for information received on 11/04/2024 in which you asked for the following information:

Copies of all communications relating to planning application PL/2022/05259 including but not limited to those between the case officer and any consultee (statutory or otherwise), employee of Wiltshire Council, member of Southwick Parish Council, the developer, the applicant or any person representing them.

Details of meetings held with the applicant or any party acting on their behalf. Where written meeting minutes do not exist, please provide date, location, list of attendees and agenda.

Your request is being processed under the provisions of the Freedom of Information Act 2000 and you will receive a response within 20 working days of receipt of your request.

Kind Regards

Megan
Senior Administrative Officer
Legal, Democracy and Governance

[email address]
Tel: 0300 456 0100 (Customer Services)

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Dear B Jones

Freedom of Information Request Case ID CAS-2798

Thank you for your request for information received on 11/04/2024, in which you asked for the following information:

Copies of all communications relating to planning application PL/2022/05259 including but not limited to those between the case officer and any consultee (statutory or otherwise), employee of Wiltshire Council, member of Southwick Parish Council, the developer, the applicant or any person representing them. Details of meetings held with the applicant or any party acting on their behalf. Where written meeting minutes do not exist, please provide date, location, list of attendees and agenda.

Under the Freedom of Information Act 2000 (the Act) the Council is obliged to:

* Let you know whether we hold the information you have requested
* Provide you with the requested information, if held, (subject to any exemptions to disclosure that may apply)

I can confirm that Wiltshire Council holds the information you have requested, however, some of the information you have requested is exempt information under the Freedom of Information Act 2000 (FOIA) Section 40 (2) - Third Party Personal Data.
The council believes that disclosure of the requested information would not be lawful or fair because it would breach Article 5(1)(a) of the Data Protection Act.
Please bear in mind that disclosure of information under FOI is not simply to you the requester, but is considered to be a publication to the world.
Based on the above information I believe the public interest lies in maintaining the exception to the release of the requested information.

Information supplied under the Act may be subject to protection under the Copyright, Designs and Patents Act 1988. You may use the information we have provided in response to your request under the terms of the Open Government Licence.

If you are dissatisfied with the response to your request you can ask for a review of the handling of your request for information. Details of the complaints procedure are below.

Regards,
Parul

Information Governance Team
Legal and Governance
Wiltshire Council
[email address]

Freedom of Information Complaints and Review Procedure

Any person who has requested information from Wiltshire Council which has been dealt with under the Freedom of Information Act is entitled to make a complaint and request an internal review of the handling of their request if they are dissatisfied with the response they have received.

Requests for review of a Freedom of Information requests should be made, in writing, which includes email, to:

Freedom of Information and Records Lead
Information Governance Team
Legal and Governance
Wiltshire Council
[email address]

Please include the Case ID number, the date of your request and details of why you are asking for a review. Requests for a review should be brought to our attention within 40 calendar days of our response to your request.

Any request for a review will be acknowledged in writing confirming the reasons for the review. The review will be allocated to someone who is independent of the original decision. The person conducting the review will set a target date for a response with the intention to complete the review within 20 working days. In more complex cases the review may take up to 40 working days.

The reviewer will conduct a full review of the handling of the request for information and the decisions taken, including decisions taken about where the public interest lies in respect of exempt information where applicable. The review enables a re-evaluation of the case taking into account any matters raised by the requester.

On completion of the review the reviewer will contact the requester with the result of the review. If the requester is still dissatisfied with the council's handling of their request they should contact the Information Commissioners Office (ICO). The ICO can be contacted using the following details:

Information Commissioners Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel; 0303 123 1113 (local rate)
01625 545 745 (national rate)
Email; [email address]

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Dear B Jones

Freedom of Information Request Case ID CAS-3014

Thank you for your request for information received on 15/05/2024 in which
you asked for the following information:

Please could you provide the following in relation to planning application
PL/2022/05416 :

• Copies of all communications between Wiltshire Council’s planning team
or any employee of Wiltshire Council and any member of Southwick
Parish Council.
• Minutes of any meetings attended by any member of Southwick Parish
Council.
• Where written meeting minutes do not exist, please provide date,
location, list of attendees and agenda.
• Any communications between Wiltshire Council’s planning team and the
Wiltshire Council ecology and urban design teams.
• Any communications with external consultees (statutory or otherwise)
in relation to ecology, including Natural England.
• Any communications with the Environment Agency.

Your request is being processed under the provisions of the Freedom of
Information Act 2000 and you will receive a response within 20 working
days of receipt of your request.

Regards,

Information Governance Team
Legal and Governance
Wiltshire Council
[email address]

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Dear B Jones

Request for Information - Environmental Information Regulations Case ID
CAS-3014
Thank you for your request for information received on 11/04/2024, in
which you asked for the following information:

Copies of all communications relating to planning application
PL/2022/05416 including but not limited to those between the case officer
and any consultee (statutory or otherwise), employee of Wiltshire Council,
member of Southwick Parish Council, the developer, the applicant or any
person representing them. Details of meetings held with the applicant or
any party acting on their behalf. Where written meeting minutes do not
exist, please provide date, location, list of attendees and agenda.

Under the Environmental Information regulations 2004 (EIR) the Council is
obliged to make environmental information, that it holds, available to the
public by electronic means.

 

I have been instructed to inform you that this disclosure is the same as
the previous one you have received, as no new communications have been
received and you have received everything you are entitled to outside of
the below exemptions.

I can confirm that following searches of the environmental information
held, the council does hold the information you requested. However some of
the information you have requested is excepted from disclosure under EIR
by virtue of Regulation 12(3), Regulation 12(4)(d), Regulation 12(4)(e)
and Regulation 12(5)(b)

 

Regulation 12(3) - Third Party Personal Data

 

The requested information includes information about an/named
individual(s). Clearly, therefore, this information would identify
that/those individual(s).  It is the view of Wiltshire Council that the
information falling within the scope of the request would be the personal
data of the individual(s) referred to in the request and is therefore
exempt from disclosure by virtue of regulation 12(3) of EIR. 

 

Please bear in mind that disclosure of information under the EIR is not
simply to you the requester, but is considered to be a publication to the
world. 

Regulation 12(4)(d) – Unfinished Documents

 

Regulation 12(4)(d) provides an exception to the duty to disclose
environmental information where the information relates to material which
is still in the course of completion, to unfinished documents or to
incomplete data

 

The requested information consists of draft documents, plans and
incomplete documents which concern the planning process. 

 

The Council considers that its officers should have a ‘thinking space’
which will allow them to review and refine their approach to a particular
subject. We also consider that applicants are entitled to submit and
discuss draft documents without the fear that they will be published
particularly where such documents are likely to change over time.
Publication of draft or incomplete information is likely to be of little
relevance to the final planning application or approval. 

 

The Council may withhold the requested information if, in all
circumstances of the case, the public interest in maintaining the
exception outweighs the public interest in publishing it. 

 

Exceptions to disclosure under the EIR are subject to a public interest
test to ascertain whether the requested information should be disclosed.

 

Factors Favouring Publication of the Requested Information 

• The Council recognises the general principle of achieving
accountability and transparency through the disclosure of information
held by public authorities. 
• Publication of information can assist the public in understanding how
public authorities make their decisions which is likely to lead to
greater trust in public authorities. 
• Publication of information can also lead to greater public
participation in the public authority’s decision making processes. 
• Publication of the requested information may help the public to
understand some of the issues which are to be considered by the
Council in respect of the particular planning application. 
• Publication of the requested information could assure the public that
the Council was satisfying any obligations it has in respect of its
statutory functions associated with planning matters. 

 

Factors Favouring Withholding of the Requested Information 

• During the period leading to a formal planning application there is a
need for free and frank informal discussion to take place between
parties concerning planning matters. This need applies to all the
stages of the planning process but particularly at the pre-development
stage.  
• There is a need to safeguard the right of interested persons, such as
landowners or operators of businesses, to obtain planning advice and
the views of Council officers in confidence. 
• At the pre-planning stage, the contents of incomplete and draft
documents are unlikely to have a significant effect on the general
public. 
• There is a need for planning officers to consider matters which are of
interest or importance to the Council as the Planning Authority; these
considerations remain confidential between the Council and its
advisors unless they are relevant to the final planning application
which is placed into the public domain. 
• There is no obligation for the Council to publish the withheld
information. Pre-planning information which is supplied to a planning
authority is provided on a voluntary basis, publication could deter
developers from approaching planning authorities in the future making
the planning process more protracted and costly to the public purse. 
• The withheld information is incomplete: it is possible that it
contains inaccurate or potentially misleading information which could
distract public debate from the final planning documents which are
placed into the public domain. 

 

Based on the preceding I consider that the public interest favours
maintain the exception at Regulation 12(4)(d) and that the requested
information should not be published. 

Regulation 12(4)(e) – Internal Communications

The purpose of Regulation 12(4)(e) is to protect the ability to have free,
frank and necessary consideration of relevant issues, without the
requirement to disclose what may be confidential matters which could
damage the Council’s interests or prejudice its position in matters. 

 

The Council is required by the Town & Country Planning Act to make
information relating to planning applications available to the public
which it does via the Council website. Any records as described in this
part of your request which are not published are excepted from disclosure
by Regulation 12(4)(e) – internal communications. 

 

The EIR require that the public interest must be considered when a public
authority refuses to disclose requested information. 

 

Factors Favouring Publication of the Requested Information 

• There is a genuine public interest in information being disclosed in
order to demonstrate the openness and transparency of planning
decisions which affect local communities.  

 

Factors Favouring Withholding of the Requested Information 

• There is a clear public interest in allowing officials to communicate
with one another about a particular matter, without fear of disclosure
and before that matter is finally settled. If that information was to
be disclosed prematurely, it could be detrimental to the Councils
handling of the application
• Discussions of the type contained in the withheld information are part
of the processing of a planning application: The outcome of these
discussions may or may not form part of the outcome but it is right
that the Council and its Officers can have such discussions openly and
in a recorded manner to ensure that all relevant aspects of policy and
procedure are considered, even where these discussions do not
ultimately affect the final outcome. Disclosure of the withheld
information would inhibit the Council from engaging in free and frank
discussions in the future which would damage the quality of advice
leading to poorer decision making.  

 

On balance the Council believes the public interest is better served in
maintaining the exception to disclosure.

 

Regulation 12(5)(b) – Legal Professional Privilege

EIR R12(5)(b) disclosure of the requested information would adversely
affect the course of justice; more commonly known as legal professional
privilege

 

Exceptions to disclosure under the EIR are subject to a public interest
test to ascertain whether the requested information should be disclosed.

 

Factors in favour of disclosing the requested information

• The council accepts there is a general public interest in openness and
transparency and acknowledges that disclosure of the information would
serve the public interest in these principles.  The council also
acknowledges that disclosure would assist the public interest in
furthering understanding of council decisions.

 

Factors in favour of maintaining the exception

• There is a strong public interest in withholding the information
because it would be likely to inhibit the free and frank provision of
legal advice for the purposes of decision-making. 
• Disclosure of the information would reveal the council’s legal
position, which would undermine the principle of legal professional
privilege. 

 

Whilst there is a clear public interest in knowing that public authorities
have reached decisions on the basis of sound advice this general principle
does not in itself overturn the public interest in preventing adverse
effect to the course of justice.

 

Based on the above information I believe the public interest lies in
maintaining the exception to the release of the requested information.

 

If you are dissatisfied with the response to your request you can ask for
a review of the handling of your request for information. Details of the
complaints procedure are below.

Regards,
Freya

Information Governance Team
Legal and Governance
Wiltshire Council
[1][email address]

Environmental Information Regulations Complaints and Review Procedure

Any person who has requested information from Wiltshire Council which has
been dealt with under the Environmental Information Regulations is
entitled to make a complaint and request an internal review of the
handling of their request if they are dissatisfied with the response they
have received.

Requests for review of an Environmental Information Regulations request
should be made, in writing, which includes email, to:

Freedom of Information and Records Lead
Information Governance Team
Legal and Governance
Wiltshire Council
[2][email address]

Please include the Case ID number, the date of your request and details of
why you are asking for a review. Requests for a review should be brought
to our attention within 40 working days of our response to your request.

Any request for a review will be acknowledged in writing confirming the
reasons for the review. The review will be allocated to someone who is
independent of the original decision. Regulation 11(4) allows a maximum of
40 working days to respond to a complaint however, the person conducting
the review will set a target date for a response with the intention to
complete the review within 20 working days.
The reviewer will conduct a full review of the handling of the request for
information and the decisions taken, including decisions taken about where
the public interest lies in respect of exempt information where
applicable. The review enables a re-evaluation of the case taking into
account any matters raised by the requester.

On completion of the review the reviewer will contact the requester with
the result of the review. If the requester is still dissatisfied with the
council's handling of their request they should contact the Information
Commissioners Office (ICO). The ICO can be contacted using the following
details:

Information Commissioners Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel; 0303 123 1113 (local rate)
01625 545 745 (national rate)
Email; [3][email address]

 

 

From: Information Governance <[email address]>
Sent: Thursday, May 16, 2024 7:42 AM
To: [FOI #1115757 email]
Cc: Information Governance <[email address]>
Subject: CAS-3014 - EIR re. planning application PL/2022/05416

 

Dear B Jones

Freedom of Information Request Case ID CAS-3014

Thank you for your request for information received on 15/05/2024 in which
you asked for the following information:

Please could you provide the following in relation to planning application
PL/2022/05416 :

• Copies of all communications between Wiltshire Council’s planning team
or any employee of Wiltshire Council and any member of Southwick
Parish Council.
• Minutes of any meetings attended by any member of Southwick Parish
Council.
• Where written meeting minutes do not exist, please provide date,
location, list of attendees and agenda.
• Any communications between Wiltshire Council’s planning team and the
Wiltshire Council ecology and urban design teams.
• Any communications with external consultees (statutory or otherwise)
in relation to ecology, including Natural England.
• Any communications with the Environment Agency.

Your request is being processed under the provisions of the Freedom of
Information Act 2000 and you will receive a response within 20 working
days of receipt of your request.

Regards,

Information Governance Team
Legal and Governance
Wiltshire Council
[4][email address]

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