EIR request: Who sighted the first/draft legal advice for nutrient neutrality?

Dave Orr made this Freedom of Information request to Somerset Council Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

The request was successful.

Dave Orr
Delivered

Dear Somerset Council,

Earlier this year, the Council instructed a KC to look at whether the Bunny Homes nutrient neutrality legal case in Bodmin, Cornwall could be applied to Somerset.

After the first/draft KC opinion was received, I believe the Council's planning solicitor and two Planning Managers held an undocumented verbal only meeting, where they supplied (verbally I believe) anecdotal information that all of the Phosphorus headroom created by Wessex Water had been used up by prior planning permissions. That resulted in a 2nd legal opinion that concluded therefore Somerset could not follow Cornwall.

The Council has refused access to the first/draft nutrient neutrality legal opinion on the grounds that only the final legal opinion is made available by Council policy. NB That policy has been extended to refuse access to the first/draft legal opinion even to the new Executive Councillor for Planning and even if sighted in a private and confidential session (usually "Pink Papers" would allow elected Councillors to sight confidential matters of all kinds for democratic oversight and good governance).

Accepting that currently the first/draft nutrient neutrality legal opinion remains confidential, please supply the following information under the Environmental Information Regulations:

1. Please supply a copy of the Council's policy whereby first/draft legal opinions are withheld from elected Executive Councillors?

2. Please provide a list of all who have had access to and/or sight of the first/draft nutrient neutrality legal opinion:

a) All Officers of the Council by name/job title;

b) All 3rd parties by organisation, name/job title eg Natural England, Defra, the Environment Agency, Wessex Water, legal or other similar consultants or contractors etc.

Yours faithfully,

Dave Orr

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Somerset Council

 
 
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Dear  Dave Orr
 
Environmental Information Regulations 2004
 
Thank you for your request for information about  Who sighted the
first/draft legal advice for nutrient neutrality?  which we received on 19
September 2024 .

We are currently dealing with your request under the  Environmental
Information Regulations 2004  and we aim to send our response to you on or
before 17 October 2024 .  
The  Environmental Information Regulations 2004  may restrict the release
of some or all of the information you have requested.  If this is the case
we will carry out an assessment and will inform you of any  exceptions
 that apply.
 
In some cases, a fee may be payable. If this happens, we will send you a
fees notice detailing a summary of the proposed cost, and terms of
payment, which would need to be paid before we are able to proceed.

If you have any further queries or would like to discuss your request
please contact me quoting your reference detailed at the top of this
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Please note: the structure of local government in Somerset has changed
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Yours faithfully

Jo Adams
Data Protection Records and Information Request Officer
 
 

References

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Somerset Council

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 Information Requests  
Information request
Our reference: 15980817
 

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Dear Mr Orr
 
Please find attached our response to your request.
Yours sincerely 

Lucy Wilkins
Data Protection Manager and DPO

Link to this Report