Economic viability Assessment PA16/03063

P VINEY made this Freedom of Information request to Cornwall Council

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

The request was successful.

Dear Cornwall Council,
The Planning Appeal Ref: APP/D0840/A/14/2229298 condition 5 states
The first application for approval of the reserved matters submitted in accordance with conditions 2 and 3 shall be accompanied by a detailed Economic Viability Assessment.
The reserved matters PA16/03063 does not contain this information.
I request to see the Economic viability assessment for this application

Yours faithfully,
Paul Viney

Cornwall Council

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EGD - Freedom of Information, Cornwall Council

1 Attachment

Dear Mr Viney,

 

Your request under the Environmental Information Regulations 2004

 

Thank you for your request for information regarding “Planning Appeal Ref:
APP/D0840/A/14/2229298 - request to see the Economic viability assessment
for this application “which we received on 07/06/2018 and falls under the
Environmental Information Regulations 2004 (“EIR”).

 

The EIRs oblige the Council to respond to requests promptly and in any
case no later than 20 working days after receiving your request. However,
when the information being sought is particularly complex or voluminous,
the Regulations allow for the response time to be extended and a full
response must be provided within such time as is reasonable in all
circumstances of the case, but no more than 40 working days in total from
receiving your request. We do aim to make all decisions within 20 working
days, but in some cases, as in this instance, this is unfortunately not
possible.  This is due to the nature of the information being requested
and the amount of time we require to consider and formulate the response.

 

Therefore, we plan to let you have a response by 02/08/2018.  We will
however aim to respond sooner than this if at all possible.

 

If you have any queries about this letter, please do not hesitate to
contact me quoting the reference number above in any future
communications.

 

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provides information to members of the public about all aspects of the
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Freedom of Information Complaints

Cornwall Council

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Email: [1][Cornwall Council request email]

 

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FOI/EIR Complaints Resolution
Information Commissioner's Office
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Cheshire
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Email: [2][email address]

Yours sincerely

 

David Coulthard

Development Officer Specialist

Planning & Sustainable Development Service

Cornwall Council

E-mail [3][email address

Room 105, Council Offices, 39 Penwinnick Road, St Austell PL25 5DR

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Dear Cornwall Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Cornwall Council's handling of my FOI request 'Economic viability Assessment PA16/03063'.
The information is NOT voluminous or complex and has been referred to by Cornwall Council employees in correspondence and refers to a Cornwall Council decision made in 2016 and should be readily available.
I would remind you that under the Environmental Information Regulations that your
notification should be as specific as possible in in explaining the reasons for the delay and indicating when the requester is likely to receive the information .This was not the case in the reply received however you just gave the 40 day deadline date - this is a breach of the regulations.
I would also remind you that if information is withheld for a pecuniary interest (which Cornwall Council has in this matter) this may render Cornwall Council liable to Criminal proceedings.
This information must be produced at the earliest opportunity . The development associated with this planning application must not proceed until this is produced and parties are satisfied that it meets FULLY condition 5 of the Planning Inspectors Appeal Decision APP/D0840/A/14/2229298.
Yours faithfully,

P VINEY

Freedom Of Information Mail, Cornwall Council

Dear Mr Viney

 

Thank you for your e-mail.  We are sorry to hear that you are unhappy with
the response to your recent request for information under the
Environmental Information Regulations 2004 (EIR).

 

As required by the legislation, a full review of your original request
will now be undertaken. The case number remains as FOI-101003810453 which
we would kindly ask you to quote on all correspondence.

 

Please note that under the FOI, a public authority has up to 20 working
days in which to respond to an internal review. Where the information has
been dealt with under the EIR provisions, a public authority has up to 40
working days in which to respond. 

 

We therefore anticipate responding to you on or before the 30 August 2018,
but will endeavour to respond sooner wherever possible.

 

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We will only process the information input on this form to deal with your
Freedom of Information Request.

The information you provide may be shared across the various service areas
of Cornwall Council, as well as the Council’s wholly owned Group of
Companies (such as Cormac, Cornwall Housing, Cornwall Airport Newquay &
Cornwall Development Company), in order to fully investigate and answer
the request

You have a right to withdraw consent to your Freedom of information
request at at any time by contacting: Freedom of Information, New County
Hall, Treyew Road, Truro, TR1 3AY or [1][Cornwall Council request email].

If you would like to access any of the information we hold about you or
have concerns regarding the way we have processed your information, please
contact: Data Protection Officer, Cornwall Council, County Hall, Truro,
TR1 3AY.

 

Email: [2][email address]  Tel: 01872 326424 

 

Further details can be found on the full [3]privacy policy.

 

If the Internal Review does not resolve the matter to your satisfaction,
you then have the right to apply directly to the Information
Commissioner’s Officer (ICO) using the following contact details:

 

FOI/EIR Complaints Resolution

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Email: [4][email address]

 

Kind regards

 

Pete Cokell

Freedom of Information & Complaints Advisor

Customer Access and Digital Services

Customer and Support Services

Cornwall Council

Tel: 01872 322223

4N, New County Hall, Treyew Road, Truro, Cornwall, TR1 3AY

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Dear Freedom Of Information Mail,

The document that I requested was to fulfil Condition 5 of a planning application PA14/03546 and PA16/03063 which was decided by Cornwall Council in 2016

I am unhappy it took the Local Authority right up until the 20 day deadline to respond to my request and then state it would take another 20 days to respond further this in itself is unacceptable .

The Information requested under EIR may be complex. This is not in itself an argument for maintaining the exemption. The document that is requested is not voluminous.
The local Authority has previously referred to this document as “case sensitive”.

Even if wrongdoing is not an issue, there is a public interest in fully understanding the reasons for public authorities’ decisions, to remove any suspicion of manipulating the facts. There will always be a general public interest in transparency .

No reasons were given why the information is not forthcoming.

The development related to this application should not proceed until such time as the document is available and the public are satisfied that it meets Condition 5 of the Planning Inspectorates decision APP/D0840/A/14/2229298.

Yours sincerely,

P VINEY

EGD - Freedom of Information, Cornwall Council

3 Attachments

 

Dear Sir,

 

Please find attached a letter formally enclosing the Council’s response to
your request for information under the Environmental Information
Regulations 2004.

 

Kind regards

 

Marc Allen
Senior Business Officer
Economic Growth and Development
Cornwall Council

Room 117, St Austell One Stop Shop, 39 Penwinnick Road, St Austell, PL25
5DR
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Dear EGD - Freedom of Information,
Thank you for your response of 25/7/18.
I was expecting an updated document - as i already have a copy of this Economic viability Assessment.
I was informed by Cornwall Council this was " case sensitive" so this cannot be the document i requested as it is freely available online. Please can you clarify - is this the only Economic viability Assessment submitted with the first reserved matters PA16/03063 ?
Please provide details of why this document is supposed to be complex or voluminous as neither apply to this document and my FOIA request has been held up beyond FOIA legislation because of this.
Yes i still want an internal review to take place
I look forward to your prompt reply.
Yours sincerely,

P VINEY

EGD - Freedom of Information, Cornwall Council

1 Attachment

Dear Sir,

 

Please find the Council’s response to your Internal Review request.

 

Kind regards

 

Marc

 

 

Marc Allen | Senior Business Officer

Cornwall Council |Planning & Sustainable Development

[1]www.cornwall.gov.uk | 'Onen hag oll'

Room 117, St Austell One Stop Shop, Penwinnick Road, St Austell, PL25 5DR

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