eir request, EPC Unit 3 Europa Centre CH41 4PF, part 2
Dear Wirral Metropolitan Borough Council,
Under the EIR environmental information regulations please provide –
1 a copy of or link to the current valid EPC energy performance certificate for 3 Europa Centre CH41 4PF
2 where there is none then details of all action informally or formally wirral council as i think the responsible agency for enforcing epc regulations has taken against the landlord of that property who I think may be wirral council but if that is incorrect please say so, including details of any fines levied and paid
3 all correspondence internally or externally, and all information received, obtained, created or shared about the lack of an epc here since I first brought this to your attention on 01/05/2024, and all correspondence internally or externally, and all information received, obtained, created or shared about the level of action proposed to be taken and actually taken as landlord and as enforcement agency https://www.whatdotheyknow.com/request/e...
Yours faithfully,
John Jones
Information request
Our reference: 546694
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Dear John Jones
Environmental Information Regulations 2004
Thank you for your request received on 30 October 2024. We note that this
request seeks the same information as previously answered under an earlier
request <[email address]> and as such we do not propose to respond
further.
Yours sincerely
Lynette Paterson
Principal Information Management Officer
Information Management
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Dear Wirral Metropolitan Borough Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Wirral Metropolitan Borough Council's handling of my FOI request 'eir request, EPC Unit 3 Europa Centre CH41 4PF, part 2'.
REASONS -
The link you give is bad and does not work.
I assume you meant to link this?
https://www.whatdotheyknow.com/request/e...
The requests are different and you should respond fully and properly as required by EIR.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/e...
Yours faithfully,
John Jones
Information request
Our reference: 546694
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Dear John Jones
Outcome of internal review: 546694
Thank you for your Internal Review request received on 30 October 2024
regarding a Information request that you made to the Council :
The purpose of an Internal Review is to assess how your Information
request was handled in the first instance and to determine whether the
original decision given to you was correct. This is an independent review:
I was not involved in the original decision.
I have reassessed your case and after careful consideration, I have
concluded that the initial response that was sent to you was compliant
with the requirements of the relevant regulations. An explanation of my
decision follows.
Regarding point 1 in your email about the webpage link that you mention, I
can confirm that this was to the FOI request you had made to the Council
earlier in the year. So, you have been provided with a link to the current
EPC certificate held by the Council.
Regarding point 2 in your email, I have checked with the relevant
department within the Council, to check whether we hold any information
relating to enforcement about this matter, and they have confirmed that
the we do not hold any information.
Therefore, the Council does not the information as specified in your
request.
Regarding point 3 in your email, about correspondence relating to actions
taken by the Council since 1st May 2024. I have checked with the relevant
department within the Council about any external correspondence in
relation to this matter, and they have confirmed that the Council does not
hold any external correspondence. Therefore, the Council does not hold the
information as specified in your request.
Regarding any internal correspondence that the Council holds about this
matter, we have made the decision to utilise the exception under Section
12(4)(e) of the Environmental Information Regulations 2004.
Regulation 12(4)(e) exists to protect discussions from outside
interference. The Council must have the opportunity to have space to think
and discuss in private when considering proposals and implications of
decisions. This exception must be balanced against the public interest in
disclosure.
There is a public interest in the Council being accountable for the
quality of their decision making. Transparency in the discussion process
and access to the information upon which decisions have been made can
enhance this accountability.
Exception 12(4)(e) reflects a strong public interest in the Council being
able to communicate freely to discuss matters in confidence
without outside interference. Without such private space the free flow of
discussion, recommendations and decisions would become stilted and the
quality of decision making affected.
On balance, the public interest in maintaining the exception in respect of
this part of your request outweighs the public interest in disclosing the
information.
Therefore, the Council declines to disclose any internal correspondence
held, relying upon the exception contained in Regulation 12 (4) (e) of the
legislation.
If you remain still dissatisfied with our response after the internal
review you have a right of appeal to the Information Commissioner at:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF.
Telephone: 0330 123 1113
Website: www.ico.org.uk
Regards,
Jonathan Morley
Deputy Data Protection Officer
Law & Corporate Services
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Dear Jonathan Morley,
I am unable to properly consider your review until you clarify or correct an apparent error in it. You say I have received a link for the current certificate but I have not, and even now the government webpage for these certificates is still only showing the certificate which expired on 23/03/2023, 615 days ago. Please provide the link to the current certificate you claim I have already received. If there is none then please correct your response. This will then also have a direct effect on the safe space exemption you claim which will also then need re-assessing in your review.
Yours sincerely,
John Jones
Dear Mr Jones,
Thank you for the email below.
There appears to have been a misunderstanding in the terminology that was
used in my response.
The reference to you having already received the current EPC certificate
link, I meant that this is the existing certificate, and the Council does
not hold any other one.
The Council does not need to re-assess the internal review that was
carried out; so, the outcome remains the same.
I can confirm that you have now exhausted the Council's FOI/EIR process,
and we now consider this matter closed.
Therefore, any further correspondence that is received about this matter
from yourself will be noted but not responded to.
If you remain dissatisfied with our response after the internal review you
have a right of appeal to the Information Commissioner at:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF.
Telephone: 0330 123 1113
Website: www.ico.org.uk
Regards,
Jonathan Morley
Deputy Data Protection Officer
Law & Corporate Services
══════════════════════════════════════════════════════════════════════════
From: [FOI #1190894 email]
Sent: Wed Nov 27 2024 17:44:51 GMT
To: [Wirral Borough Council request email]
Subject: Re: Outcome of internal review - (ref: 546694)
(Attachments:) Email from [FOI #1190894 email] - Re: Outcome of internal
review - .txt, Email (original message) from [FOI #1190894 email] received
on 27/11/2024.eml
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error, please notify the sender
immediately.
Dear Jonathan Morley,
My request was for the current valid EPC. The ‘current’ and ‘existing’ EPC you refer to is that which expired 616 days ago, and you now confirm wirral council does not hold any other one.
In response to the related part 1 request on this property
https://www.whatdotheyknow.com/request/e...
and my various other EIR requests relating to EPCs as they relate to the responsibilities of wirral council both as landlord of non-domestic property and also as the body responsible for enforcing energy certificate standards, wirral council have repeatedly denied there is a requirement for the landlord of non-domestic property to obtain an EPC with at least an E rating where there has been no change of tenancy.
If that remains wirral council’s position then your claimed exception under EIR 12(4)(e) makes no sense. What safe space for thinking could the council possibly require to protect internal discussions relating to this property having no EPC, the council as landlord having not obtained a new one, and the council having not taken any enforcement action against itself, and how can that outweigh the public interest on the other side of the assessment, if the council still believes that there is no requirement for a new EPC here?
If instead that safe space for thinking includes consideration that wirral council’s multiple publicly stated position on EPCs to block EIR requests may not have been correct then there are many EIR requests for it to revisit and the public interest on this one would now significantly outweigh any claim for safe space thinking.
So that the claimed EIR exception 12(4)(e) for this request can be properly understood please confirm whether wirral council’s official public position remains as in the related part 1 request https://www.whatdotheyknow.com/request/e...
‘Energy Performance Certificates (EPC) are only required to market / let a property. When negotiating a lease extension with an existing tenant, an EPC is not legally required under EPC Regulations. There is no requirement to obtain a new EPC if it expires during an ongoing tenancy and there are no plans to market the property.’
I remind you once again of the Government guidance here
https://www.gov.uk/guidance/non-domestic...
‘From 1 April 2023, the requirement for non-domestic landlords to obtain at least an EPC E rating, unless they have registered a valid exemption, applies to all privately rented non-domestic properties (even where there has been no change in tenancy).’
Yours sincerely,
John Jones
Dear Jonathan Morley,
With more reflection I see I will have to follow this up elsewhere.
Yours sincerely,
John Jones
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