Direction Given to Energy from Waste Planning Applicants

Dear M. McEwen,

Environmental Information Regulations 2004

Thank you for your request for information about Direction Given to Energy
from Waste Planning Applicants which was received on 23/12/2024. 

We have handled your request under the above legislation.

Request

You asked us:

Please consider this request under the Environmental Information
Regulations 2004.

The Cumbria Minerals and Waste Local Plan says regarding Energy from Waste
planning permissions that "future capacity to be directed to other
suitable site allocations (AL3, AL8, AL18)".

1. Please provide the correspondence showing the Council directing the
Rockcliffe Carlisle gasification incinerator applicant to sites AL3, AL8
and/or AL18. Please include any response to that direction. The proposed
Rockcliffe gasification incinerator has planning reference 1/23/9005 and a
screening request reference of SCR-1/23/37. Should the Council hold no
relevant information, please state no information held.

2. Please provide the correspondence showing the Council directing the
Heathlands Carlisle pyrolysis plant applicant to sites AL3, AL8 and/or
AL18. Please include any response to that direction. The proposed
Heathlands pyrolysis plant has a planning screening request reference
SCR-1/24/51. Should the Council hold no relevant information, please state
no information held.

If it is necessary to time limit the search for such correspondence,
please search from whenever planning officers were first made aware of
these potential proposals or, if that date is unknown, one year prior to
any request for pre-application advice, screening request or planning
application submission (whichever is the earliest).

Our response

Please see attached correspondence that falls within the scope of your
request

Please note there was no explicit direction given to these site
allocations as the pre-application advice requests related to developments
with specific locational requirements – the Gasification proposal to
existing waste streams managed on the Rockcliffe site and the Heathlands
proposal to a waste tyre site at Carlisle Airport. The Council’s
pre-application advice made clear to the respective project promoters that
these were not specifically allocated sites and drew their attention to
the assessment framework for proposals on non-allocated sites.

You will note that some information has been removed or redacted this is
due to the information containing personal data.  Withholding personal
data falls under the exception in Regulation 13 of the Environmental
Information Regulations 2004 which relates to:-

[1]Regulation 13(1) of the EIR provides that information is exempt from
disclosure if it is the personal data of an individual other than the
requester, and where one of the conditions listed in regulation 13(2A),
13(2B) or 13(3A) is satisfied.

In this case the relevant condition is contained in regulation 13(2A)(a).
This applies where the disclosure of the information to any member of the
public would contravene any of the Data Protection principles relating to
the processing of personal data as set out in Article 5 of the General
Data Protection Regulation. It is considered that disclosure of
information that identifies living individuals in this instance would not
be lawful or fair and therefore would be a breach of principle (a) under
Article 5 of the UK GDPR.

The supply of information in response to an information request does not
confer an automatic right to re-use the information.  Under UK copyright
law you can use any information supplied for the purposes of private study
and non-commercial research without requiring permission.  Similarly,
information supplied can also be re-used for the purposes of news
reporting.  An exception to this is photographs.

For other forms of re-use, for example publishing the information, you
would need the permission of the organisation or person who owns the
copyright.  In the case of information produced by Cumberland Council you
can re-use the information under the Open Government Licence.  For
information about this please see

[2]http://www.nationalarchives.gov.uk/doc/o...

If, however, the copyright is identified as belonging to somebody else,
you will need to apply for permission.  For information about how to
obtain permission from a third party, please go to Intellectual Property
Office’s website at

[3]https://www.gov.uk/government/organisati...

Next steps

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. If you want us to carry out a review,
please let us know within 40 working days. An independent reviewing
officer unconnected with the original request will review the decision.  

If you are still dissatisfied after our internal review, you can complain
to the [4]Information Commissioner’s Office (ICO). You should make
complaints to the ICO within six weeks of receiving the outcome of an
internal review. The easiest way to lodge a complaint is through their
website: [5]www.ico.org.uk/foicomplaints. The ICO can also be contacted
at:

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF,  telephone 0303 123 1113. 

Please remember to quote the reference number above in any future
communications.

Kind regards,

Legal Information Governance Team | Information Governance

Resources | Cumberland Council

Civic Centre | Rickergate | Carlisle | CA3 8QG

[email address]

[6]https://www.carlisle.gov.uk/Privacy-Stat...

[7]Cumberland email signature graphic

This e-mail and its attachments may include confidential information or
protectively marked material up to OFFICIAL SENSITIVE and should be
handled accordingly and, is solely for use by the intended recipient(s).
If you have received this e-mail and its attachments in error, please
notify the sender immediately, delete them and do not disclose, copy,
distribute, disclose or retain any part of them. The views and opinions
expressed by the author are not necessarily those of Cumberland Council.
The Council has scanned this e-mail and its attachments to ensure that
they are virus free. The Council can take no responsibility if a virus is
actually present and you are advised to make the appropriate checks to
confirm that they are virus free. Any email and contents sent or received
by the Council may need to be disclosed by the Council under the Freedom
of Information Act 2000. Any personal information contained within this
email and its attachments must be processed in accordance with the Data
Protection Legislation. For further information on how Cumberland Council
will process your personal information, please visit the Council’s privacy
statement at
https://www.cumberland.gov.uk/your-counc...

References

Visible links
1. https://www.legislation.gov.uk/uksi/2004...
2. http://www.nationalarchives.gov.uk/doc/o...
3. https://www.gov.uk/government/organisati...
4. https://ico.org.uk/
5. http://www.ico.org.uk/foicomplaints
6. https://www.carlisle.gov.uk/Privacy-Stat...