Croydon's Guidance on Planning Obligations
Dear Croydon Borough Council,
Planning Guidance Note 1 - Planning Obligations (PGN1) was adopted by UDP Cabinet Committee on 6 July 2005.
+++ Please provide a copy of the above.
Following consultation in 2011, a revised version of PGN1 was proposed in February 2012.
+++ Please provide confirmation of the date on which this version was adopted and when it was withdrawn.
The current version of PGN1, appears to be a document entitled 'Section 106 Planning Obligations in Croydon and their Relationship to the Community Infrastructure Levy Review 2019'
+++ Please confirm that that this IS the current version of PGN1, and provide the dates of any consultation and its formal adoption.
At 1.2, that current document (November 2019) tells us that the '... previous guidance on Planning Obligations (April 2013) has now been withdrawn by the Council and replaced by this guidance...'
+++ Please provide a copy of the previous guidance ['Planning Obligations (April 2013)]', and details of when and how THAT version of the guidance was consulted upon and formally adopted.
Yours faithfully,
Stephen Whiteside
Information Team Croydon
Digital Services
Assistant Chief Executive Directorate
Bernard Wetherill House
7th Floor, Zone B
Croydon
CR0 1EA
Contact: Information Team
[Croydon Borough Council request email]
NOTE: Please do not edit the subject line when replying to this email. If
you have a processing request, please ensure you quote that reference in
your emails to us.
Dear Stephen Whiteside
Environmental Information Regulations request - FOI/6213
Thank you for your request for information, which was received 03/10/22.
Subject: Croydon''s Guidance on Planning Obligations
The council has 20 working days from receipt of the request to respond,
either by providing the information requested or refusing the request.
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The Environmental Information Regulations 2004 may restrict the release of
some or all of the information you have requested. We will carry out an
assessment and if any exceptions apply to some or all of the information
then we might not provide that information to you. We will inform you if
this is the case and advise you of your rights to appeal this decision.
Unfortunately, the Council is currently experiencing a delay in our
response times due to demand and resource. As an organisation we are aware
of our legal duties under the legislation and are making every effort to
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timeframes as quickly as possible. All requests are being monitored and
continually reviewed to provide you with an expected date for disclosure.
London Borough of Croydon takes its role as a Data Controller seriously
and would like to thank you for your continued patience and understanding
whilst we improve our service to you.
Kind Regard
Information Management Team
Croydon Digital Services
Assistant Chief Executive Directorate
7th Floor, Zone B
Bernard Weatherill House
8 Mint Walk
Croydon CR0 1EA
Dear Croydon Borough Council,
Your Ref: FOI/6213
By law, the authority should normally have responded promptly and by 31 October 2022 at the latest.
Please provide all the information requested, without further undue delay.
Yours faithfully,
Stephen Whiteside
Dear [email address],
Your Ref: FOI/6213
Just in case my 'chasing' email to 'the main FOI contact address for Croydon Borough Council' didn't get through for some reason, to repeat:
By law, the authority should normally have responded promptly and by 31 October 2022 at the latest.
Please provide all the information requested, without further undue delay.
Yours sincerely,
Stephen Whiteside
Dear [email address],
I have now submitted a complaint to the ICO about the authority's handling of this request.
Yours sincerely,
Stephen Whiteside
Dear [email address],
In case the message didn't get through, the Information Commissioner has now contacted the Council and asked it to respond to this request within 10 working days, that is by 29 November 2022 at the latest.
Yours sincerely,
Stephen Whiteside
Dear [email address],
ICO Reference: IC-202045-P3N2
Just in case it didn't arrive for some reason, please note that on 9 December 2022, the Information Commissioner issued a Decision Notice that includes the following:
2. The Commissioner’s decision is that the Council has failed to respond to the request within 20 working days and has therefore breached regulation 5(2) of the EIR.
3. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation.
• Issue a substantive response to the request in accordance with its obligations under the EIR.
4. The Council must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Freedom of Information Act and may be dealt with as a contempt of court.
Yours sincerely,
Stephen Whiteside
Information Team Croydon
Digital Services
Assistant Chief Executive Directorate
Bernard Wetherill House
7th Floor, Zone B
Croydon
CR0 1EA
Contact: Information Team
[Croydon Borough Council request email]
Dear Mr Stephen Whiteside
Request FOI/6213
Environmental Information Regulations 2004
Your request has been considered under the provisions of the Environmental
Information Regulations 2004. Please accept our apologies for the delay in
responding to you. Specifically, you have requested the following
information:
Planning Guidance Note 1 - Planning Obligations (PGN1) was adopted by UDP
Cabinet Committee on 6 July 2005.
+++ Please provide a copy of the above.
The Council has been unable to source this document.
Following consultation in 2011, a revised version of PGN1 was proposed in
February 2012.
+++ Please provide confirmation of the date on which this version was
adopted and when it was withdrawn.
Revised Planning Guidance Note 1-
Planning Obligations : Developers Contributions – was adopted on
20/02/12. See link below to the Cabinet and papers can be viewed under
item 12.
[1]https://democracy.croydon.gov.uk/CeListD...
The current version of PGN1, appears to be a document entitled 'Section
106 Planning Obligations in Croydon and their Relationship to the
Community Infrastructure Levy Review 2019'
+++ Please confirm that that this IS the current version of PGN1, and
provide the dates of any consultation and its formal adoption.
The original draft of 'Section 106 Planning Obligations in Croydon and
their Relationship to the Community Infrastructure Levy’ was adopted in
July 2017.
Please see delegated decision to adopt attached. The last para on page 2
gives dates of the consultation period.
The 'Section 106 Planning Obligations in Croydon and their Relationship to
the Community Infrastructure Levy Review 2019' is the Council’s current
guidance on this matter. The Document was adopted in November 2019.
At 1.2, that current document (November 2019) tells us that the '...
previous guidance on Planning Obligations (April 2013) has now been
withdrawn by the Council and replaced by this guidance...'
+++ Please provide a copy of the previous guidance ['Planning Obligations
(April 2013)]', and details of when and how THAT version of the guidance
was consulted upon and formally adopted.
Copy of the 2013 document attached.
We do not hold the information as to when the 2013 document was consulted
upon and adopted. However, it is the Council’s view the 2013 version was
superseded early by the July 2017 version. Details set out above.
The Council publishes Access to Information requests and responses on its
online Disclosure Log. (Any request included within this log will be
anonymised appropriately)
To view the Council’s Disclosure Log, please visit our website available
here:
[2]The Freedom of Information (FOI) Act | Croydon Council
(disclosure-log.co.uk)
If you are dissatisfied with the way the council has handled your request
under the Environmental Information Regulations you may ask for an
internal review. This should be submitted to us within 40 working days of
this response. You can do this by outlining the details of your complaint
by:
Email: [3][Croydon Borough Council request email]
Writing: Information Team
London Borough of Croydon
Bernard Weatherill House
7^th Floor - Zone B
8 Mint Walk
Croydon CR0 1EA
Any requests received after the 40 working day time limit will be
considered only at the discretion of the council.
If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Yours sincerely
Croydon Council
References
Visible links
1. https://democracy.croydon.gov.uk/CeListD...
2. https://croydon.disclosure-log.co.uk/
3. mailto:[Croydon Borough Council request email]
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