Disclosing information on pre-application discussions for planning application 20/01139/FUL (19/01517/PAC and 19/02837/PAC)

salvador exposito made this Freedom of Information request to Oxford City Council

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The request was partially successful.

Dear Oxford City Council,

As part of the Pre-Application Planning Advice and the Environmental Information Regulations 2004, I am requesting the two pre-applications advise Ref (19/01517/PAC and 19/02837/PAC) and any other recorded information resulting from these pre-application discussions (i.e. emails and any other correspondence between the planners and the architect)

Yours faithfully,

Salvador

freedomofinformation, Oxford City Council

Dear Mr Exposito,
 
Oxford City Council – Reference: 9507
 
Thank you for your email below.  Your request was received on 22nd
September 2020 and you will be sent a response within 20 working days (of
receipt) in accordance with the Freedom of Information Act 2000/
Environmental Information Regulations 2004 (EIR), subject to the
information not being exempt or containing reference to a third party.
 
The Information Commissioner’s Office (ICO) recognises the unprecedented
challenges all are facing during the coronavirus (COVID-19) pandemic.
 
In particular they understand that resources, whether they are finances or
people, may be diverted away from usual compliance or information rights
work. Whilst the ICO can’t extend statutory timescales, they will not be
penalising public authorities for prioritising other areas or adapting
their usual approach during this extraordinary period.
 
Therefore while the Council will make every effort to comply with the
Statutory Requirements you may experience understandable delays when
making information rights requests during the pandemic.
 
Yours sincerely
 
Kathryn Winfield
Freedom of Information Officer 
 
Kathryn Winfield | Freedom of Information Officer | Oxford City Council |
Law and Governance |
St. Aldate's Chambers | Oxford | OX1 1DS | Email: [email address]
| T: 01865 252007
My working days are Mondays, Tuesdays and Wednesdays
 
Stop the virus from spreading. Keep Oxford safe.
Follow the guidance: Clean hands. Wear a face mask. Keep your distance.
Get tested if you have symptoms.
 
 
 
 

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freedomofinformation, Oxford City Council

9 Attachments

Dear Mr Exposito,

 

Oxford City Council – Reference: 9508

 

Further to the acknowledgement below, it is more proper to consider your
request in accordance with the Environmental Information Regulations 2004,
rather than the Freedom of Information Act 2000.  Therefore, please see
the attached documents in response to your EIR request received on 22nd
September 2020:

 

Under Regulation 5 (1) of the EIR I can confirm that the Council does hold
the names and contact details, however, the Council considers that this is
 personal information and the Council has not received consent from the
persons concerned to disclose their details. I therefore consider that
exception under Regulation 13(1) of the EIR is engaged.

13.— Personal data

 

(1)  To the extent that the information requested includes personal data
of which the applicant is not the data subject, a public authority must
not disclose the personal data if—

(a)  the first condition is satisfied, or

(b)  the second or third condition is satisfied and, in all the
circumstances of the case, the public interest in not disclosing the
information outweighs the public interest in disclosing it.

 

 

(2A)  The first condition is that the disclosure of the information to a
member of the public otherwise than under these Regulations—

(a)  would contravene any of the data protection principles, or

(b)  would do so if the exemptions in section 24(1) of the Data Protection
Act 2018 (manual unstructured data held by public authorities) were
disregarded.

(2B)  The second condition is that the disclosure of the information to a
member of the public otherwise than under these Regulations would
contravene—

(a)  Article 21 of the GDPR (general processing: right to object to
processing), or

(b)  section 99 of the Data Protection Act 2018 (intelligence services
processing: right to object to processing).

 

(3A)  The third condition is that—

(a)  on a request under Article 15(1) of the GDPR (general processing:
right of access by the data subject) for access to personal data, the
information would be withheld in reliance on provision made by or under
section 15, 16 or 26 of, or Schedule 2, 3 or 4 to, the Data Protection Act
2018,

(b)  on a request under section 45(1)(b) of that Act (law enforcement
processing: right of access by the data subject), the information would be
withheld in reliance on subsection (4) of that section, or

(c)  on a request under section 94(1)(b) of that Act (intelligence
services processing: rights of access by the data subject), the
information would be withheld in reliance on a provision of Chapter 6 of
Part 4 of that Act.

(5A)  For the purposes of this regulation a public authority may respond
to a request by neither confirming nor denying whether such information
exists and is held by the public authority, whether or not it holds such
information, to the extent that—

(a)  the condition in paragraph (5B)(a) is satisfied, or

(b)  a condition in paragraph (5B)(b) to (e) is satisfied and in all the
circumstances of the case, the public interest in not confirming or
denying whether the information exists outweighs the public interest in
doing so.

(5B)  The conditions mentioned in paragraph (5A) are—

(a)  giving a member of the public the confirmation or denial—

(i)  would (apart from these Regulations) contravene any of the data
protection principles, or

(ii)  would do so if the exemptions in section 24(1) of the Data
Protection Act 2018 (manual unstructured data held by public authorities)
were disregarded;

(b)  giving a member of the public the confirmation or denial would (apart
from these Regulations) contravene Article 21 of the GDPR or section 99 of
the Data Protection Act 2018 (right to object to processing);

(c)  on a request under Article 15(1) of the GDPR (general processing:
right of access by the data subject) for confirmation of whether personal
data is being processed, the information would be withheld in reliance on
a provision listed in paragraph (3A)(a);

(d)  on a request under section 45(1)(a) of the Data Protection Act 2018
(law enforcement processing: right of access by the data subject), the
information would be withheld in reliance on subsection (4) of that
section;

(e)  on a request under section 94(1)(a) of that Act (intelligence
services processing: rights of access by the data subject), the
information would be withheld in reliance on a provision of Chapter 6 of
Part 4 of that Act.

 

(6)  In determining for the purposes of this regulation whether the
lawfulness principle in Article 5(1)(a) of the GDPR would be contravened
by the disclosure of information, Article 6(1) of the GDPR (lawfulness) is
to be read as if the second sub-paragraph (disapplying the legitimate
interests gateway in relation to public authorities) were omitted.

 

If you disagree with any part of the response to your request, you are
entitled to ask the Council for an internal review of the decision(s)
made.  You may do this by writing to the Monitoring Officer, by either
email – [1][email address] – or by post to Monitoring Officer,
Oxford City Council, St Aldate’s Chambers, St Aldate’s, Oxford, OX1 1DS. 
After the result of the internal review, if you remain dissatisfied, you
may ask the Information Commissioner to intervene on your behalf.  You may
do this by writing to the Information Commissioner's Office, Wycliffe
Lane, Wilmslow, Cheshire, SK9 5AF.

 

Yours sincerely

 

Kathryn Winfield

Freedom of Information Officer 

 

Kathryn Winfield | Freedom of Information Officer | Oxford City Council |
Law and Governance |
St. Aldate's Chambers | Oxford | OX1 1DS | Email:
[2][email address] | T: 01865 252007

My working days are Mondays, Tuesdays and Wednesdays

 

Stop the virus from spreading. Keep Oxford safe.

Follow the guidance: Clean hands. Wear a face mask. Keep your distance.
Get tested if you have symptoms.

 

 

 

 

_____________________________________________

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