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Elmbridge Borough Council, Civic Centre, High Street, Esher, Surrey, KT10 9SD
Direct Line: 01372 474474
email: [email address]
www.elmbridge.gov.uk

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FOI-158-2009

Dear Ms Davis

REQUEST FOR INFORMATION UNDER THE FREEDOM OF INFORMATION ACT 2000
(‘The Act’)

Thank you for your recent request under the 2000 Act made on 8 May
2009.

Request:
(a) addresses and rateable values of empty commercial properties
that are within Elmbridge Borough Council area; and
(b) the names of the owners of those properties referred to in (a)

Please find the attached list, which was created and redacted on or
around 22 May 2009.

With regards to the part (b) of your request, please note that the
Elmbridge Borough Council may not know the exact nature of the
commercial holding. The names provided could be owners or leaseholders.

The attached list has been redacted to exclude from the list properties
owned or leased by an individual, e.g. a sole trader, and we explain the
reason for this as below.

In accordance with section 17 of the 2000 Act, please be advised that
this Council refuses to release a complete list of empty commercial
properties as requested. This is because some of the information
requested is exempt from disclosure under section 31 (Law Enforcement)
of the Act:

According to s31:
(1) “Information which is not exempt information by virtue of section
30 is exempt information if its disclosure under this Act would, or
would be likely to, prejudice –
(a) the prevention or detection of crime.”

To support our decision not to release this information, we seek to
draw your attention to an Information Tribunal decision dated 10 May
2007 (Bexley Council), which discusses the differences with properties
owned by individuals and those not owned by individuals and the related
public interest test. In particular, please may we direct you to the
following paragraph 86, where the Tribunal explained:

“Our conclusion on the public interest test is that, insofar as the
properties are owned by individuals, the public interest in maintaining
the exemption does outweigh the public interest in disclosure. The
impact of crime on individuals as an inherent part of the public
interest in this circumstance is a significant factor and leads to the
exemption outweighing the public interest test in disclosure in our
view. However, for those properties that are owned by those other than
individuals including public authorities, our conclusion is that it does
not and the public interest is in favour of disclosure. This is because
the impact of crime on an individual is not present and this inherent
aspect of the public interest in preventing crime is therefore absent
and changes the analysis of the balance.”

And paragraph 109:
“We have already decided that the Council does not have to disclose
the addresses of empty properties within the Borough where they are
owned by individuals.”

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.

Yours sincerely

Georgina Healy
Freedom of Information Co-ordinator
For Head of Legal Services

Disclaimer:
While Elmbridge Borough Council has taken reasonable measures to check
the accuracy and content of the list enclosed, 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.

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

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08/05/2009 10:08 >>>
Dear Sir or Madam

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
that are within Elmbridge Borough Council area; and

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

Yours faithfully

Natalie Davis

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