Details of empty commercial properties with a current rateable value greater than £50,000

Natalie Davis made this Freedom of Information request to Elmbridge Borough Council

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Natalie Davis

Dear Elmbridge Borough Council,

Please can you provide me with the following information under the Freedom Of Information Act 2000:-

(a) addresses and rateable values of empty Commercial properties with a current rateable value greater than £50,000 that are within Elmbridge Borough Council area; and

(b) the names and addresses of the owners of those properties referred to in (a)

Yours faithfully,

Natalie Davis

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Elmbridge Borough Council
High Street, Civic Centre, Esher
Surrey, KT10 9SD
http://www.elmbridge.gov.uk
Direct Line: 01372 474474

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Terry Batchelor, Elmbridge Borough Council

1 Attachment

Dear Natalie

Please find attached the information you requested. The list was created
and redacted on 9 July 2010.

You should be aware that we have redacted the attached list to exclude
properties owned by an individual(s), and explain the reason for
this below.

In accordance with section 17 of the 2000 Act, please be advised that this
Council refuses to release all the information requested. This is because
some of the information requested is exempt from disclosure under section
40(2) and (3) - ‘Personal Information’.

According to section 40:

(2) Any information to which a request for information relates is also
exempt information if –

a) it constitutes personal data which do not fall within subsection
(1), and

b) either the first or the second condition below is satisfied.

(3) The first condition is

a) in a case where the information falls within any of the paragraphs
(a) to (d) of the definition of “data” in section 1(1) of the Data
Protection Act 1998 that the disclosure of the information to a member of
public otherwise than under this Act would contravene –

i) any of the data protection principles, or

ii) section 10 of that Act (right to prevent processing
likely to cause damage or distress), and…….

The Council has considered the following in applying this exemption and in
this instance believes that the public interest in maintaining this
exemption outweighs the public interest to disclose it:

o to disclose this information would be to breach the first data
protection principle under the Data Protection Act 1998 on the grounds
that to do so would be unfair and detrimental to the sole traders.
While business information that does not identify individuals is not
covered by the exemption, information about a sole trader’s business
will often be personal information about him/her and therefore
constitutes as personal data. With the name and the full postal
address, it is possible to uncover the home of that person and their
family.
o the release of this information may cause unwarranted intrusion or
interference into their privacy and personal life and consequently may
cause them distress or damage, which would breach section 10 of the
Data Protection Act 1998.

The Council operates a presumption of openness in its access to
information. It provides much information outside the provisions of the
Freedom of Information Act and it will continue to do on a “business as
usual” basis. Persons do not need to engage the statutory provisions to
access all reasonable information about the Council and its services.

If, for whatever reason, you are unhappy with our response, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to Head of Legal Services,
Elmbridge Borough Council, Civic Centre, High Street, Esher, Surrey KT10
9SD.

Should you then remain dissatisfied at the outcome of that process, you
are entitled to appeal against the decision by contacting:

The Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.

Telephone: 08456 30 60 60 or 01625 54 57 45

Website: [1]www.ico.gov.uk

Yours sincerely

Disclaimer:

While Elmbridge Borough Council has taken reasonable measures to check the
accuracy and content of the list attached, we cannot warrant its
completeness or accuracy. The Council cannot accept any responsibility or
liability for any loss, damage or inconvenience caused as a result of
reliance on material contained in the attached list.

Terry Batchelor
Head of Local Taxation & Cashiers
Elmbridge Borough Council, Civic Centre, High Street, Esher, Surrey, KT10
9SD
Direct line: 01372 474030
email: [email address]
www.elmbridge.gov.uk

>>> Natalie Davis <[FOI #41124 email]> 08/07/2010
16:18 >>>
Dear Elmbridge Borough Council,

Please can you provide me with the following information under the
Freedom Of Information Act 2000:-

(a) addresses and rateable values of empty Commercial properties
with a current rateable value greater than £50,000 that are within
Elmbridge Borough Council area; and

(b) the names and addresses of the owners of those properties
referred to in (a)

Yours faithfully,

Natalie Davis

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