Email correspondence between Ebc and E.a

Paul Thatcher made this Freedom of Information request to Elmbridge Borough Council

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

The request was successful.

Dear Elmbridge Borough Council,

Please may I kindly request copies of the emails between Elmbridge Borough Council Local Planning Authority and the Environment Agency from 01/10/2019 and 01/12/2019 relating to the land between Hurst park and the Weir public house. Could this kindly include correspondence under HMLR title TGL2797336.

Many thanks for your support.

Yours faithfully,

Paul Thatcher

Freedom of Information, Elmbridge Borough Council

This is an automatic reply. Thank you for your enquiry which has been
passed to the most suitable officer for action.

To meet our customer care standards we will try to reply to you as soon as
possible and provide a full response within 7 working days.  The Council
regrets that the urgent allocation of resources in response to Covid 19
means that it may be unable, for a temporary period, to respond promptly
to FOI requests or always within the statutory time-limit

If you have asked for information under the Freedom of Information Act
2000, you should receive a reply from us within 20 working days. Please
look at our website for more details and exceptions to these response
times: [1]http://www.elmbridge.gov.uk/council/free...

Please note we are not able to reply to unsolicited emails.

Alternatively, please visit our website for more information on our
service [2]www.elmbridge.gov.uk 

Elmbridge Borough Council

High Street, Civic Centre, Esher

Surrey, KT10 9SD

[3]http://www.elmbridge.gov.uk 

01372 474474

 

 

This email, and any attachments, is strictly confidential and may be legally
privileged. It is intended only for use by the addressee. If you are not the
intended recipient, any disclosure, copying, distribution or other use of this
communication is strictly prohibited. If you have received this message in
error, please contact the sender and delete it from your system. The opinions
expressed in this email are not necessarily those of Elmbridge Borough Council.

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2. http://www.elmbridge.gov.uk/
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Dannielle Teran, Elmbridge Borough Council

Dear Mr Thatcher

 

Thank you for your Freedom of Information Request which states the
following:

 

“Please may I kindly request copies of the emails between Elmbridge
Borough Council Local Planning Authority and the Environment Agency from
01/10/2019 and 01/12/2019 relating to the land between Hurst park and the
Weir public house. Could this kindly include correspondence under HMLR
title TGL2797336.”

 

Please could I ask that you supply further information on the information
you are requesting? The area to which I think you are referring to covers
a large part of the Borough with many application sites. Is there a
particular application that you are interested in viewing any
correspondence with the Environment Agency?

 

Most of our correspondence between the Environment Agency on that stretch
of river would be either by consultations on a planning application or in
relation to unauthorised moorings.

 

Kind regards

 

Dannielle Teran

Business Support Team Leader | Planning Services | Elmbridge Borough
Council

Civic Centre | High Street | Esher | Surrey | KT10 9SD

Direct line: 01372 474781 | [1]www.elmbridge.gov.uk

 

 

 

 

 

 

 

This email, and any attachments, is strictly confidential and may be legally
privileged. It is intended only for use by the addressee. If you are not the
intended recipient, any disclosure, copying, distribution or other use of this
communication is strictly prohibited. If you have received this message in
error, please contact the sender and delete it from your system. The opinions
expressed in this email are not necessarily those of Elmbridge Borough Council.

References

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Dear Dannielle Teran,

Many thanks for your reply I am interested in both unauthorised moorings and land ownership on this stretch of the river please.

Yours sincerely,

Paul Thatcher

Town Planning, Elmbridge Borough Council

1 Attachment

Dear Mr Thatcher

 

Thank you for your Freedom of Information request dated 20 May 2021 where
you made the following request:

 

“Please may I kindly request copies of the emails between Elmbridge
Borough Council Local Planning Authority and the Environment Agency from
01/10/2019 and 01/12/2019 relating to the land between Hurst park and the
Weir public house. Could this kindly include correspondence under HMLR
title TGL2797336.”

 

I am writing to advise you that, following a search of our paper and
electronic records and discussions with our Senior Compliance Officer, I
have established that no such information is held by this department.

 

The Leisure Services department may hold the information you are seeking
and I note that you have a separate FOI request currently with them that
would appear to encompass the information the Planning do not hold
(2021-22 FOI No. 80 - Could I kindly request any correspondence between
yourselves and the Environment Agency which details all attempts to find
an owner on the land between the public towpath and river. I believe it is
necessary to do so before a claim on unowned , unregistered land. Many
thanks for your continued support and hard work.).

 

The supply of information in response to a freedom of information requires
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 government departments
and agencies you can re-use the information under the Open Government
Licence.  For information about this please see
[1]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 [2]www.ipo.gov.uk

 

The Council operates a presumption of openness in its access to
information.  It provides much information outside the provisions of the
Freedom of Information Act and it will continue to do on a “business as
usual” basis.  Persons do not need to engage the statutory provisions to
access all reasonable information about the Council and its services.

 

If, for whatever reason, you are unhappy with our response, you have the
right to ask for an internal review.  Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to Head of Legal Services,
Elmbridge Borough Council, Civic Centre, High Street, Esher, Surrey KT10
9SD. 

 

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

 

Should you then remain dissatisfied at the outcome of that process, you
are entitled to appeal against the decision by contacting:

The Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. 

Telephone:  08456 30 60 60 or 01625 54 57 45

Website:  [3]www.ico.gov.uk

 

There is no charge for making an appeal.

 

Regards

Thomas Walton | Business Support Manager | Planning Services

[4][email address] | 01372 474790 | [5]elmbridge.gov.uk

Elmbridge Borough Council, Civic Centre, High Street, Esher, Surrey, KT10
9SD

 

[6]cid:image001.jpg@01D761F8.ACC0F730

This email, and any attachments, is strictly confidential and may be legally
privileged. It is intended only for use by the addressee. If you are not the
intended recipient, any disclosure, copying, distribution or other use of this
communication is strictly prohibited. If you have received this message in
error, please contact the sender and delete it from your system. The opinions
expressed in this email are not necessarily those of Elmbridge Borough Council.

References

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2. http://www.ipo.gov.uk/
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4. mailto:[email address]
5. http://www.elmbridge.gov.uk/

Dear Town Planning,

Thank you for your reply. I believe the planning inspectorate have directly referred to an email exchange regarding Land ownership between Mr Dawkins of the Ebc planning and the Environment Agency.

Yours sincerely,

Paul Thatcher

Town Planning, Elmbridge Borough Council

This is an automatic reply. Thank you for your enquiry to Planning
Services, which has been passed to the most suitable officer for action.

 

We try to meet our customer care standards by replying to you as soon as
possible and to provide a full response within 7 working days. Some
requests, including requests for documents, may take longer to process.
Please visit our website for more information on our service
[1]elmbridge.gov.uk/planning

 

If you have asked for information under the Freedom of Information Act
2000, you should receive a reply from us within 20 working days.

 

Please note we are not able to reply to unsolicited spam or marketing
emails.

 

You may wish to receive planning alerts via the ‘My Account’ service.
[2]Create an account and receive notifications of new applications and
decisions in your area.

 

Planning Services
Elmbridge Borough Council | High Street, Civic Centre, Esher. Surrey, KT10
9SD
[3]elmbridge.gov.uk/planning
01372
474474                                                                                                                                                                                       

This email, and any attachments, is strictly confidential and may be legally
privileged. It is intended only for use by the addressee. If you are not the
intended recipient, any disclosure, copying, distribution or other use of this
communication is strictly prohibited. If you have received this message in
error, please contact the sender and delete it from your system. The opinions
expressed in this email are not necessarily those of Elmbridge Borough Council.

References

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2. http://www.elmbridge.gov.uk/myaccount
3. https://www.elmbridge.gov.uk/planning

Town Planning, Elmbridge Borough Council

Dear Mr Thatcher

Thank you for your email.

Are you able to point me towards this reference from the Planning Inspectorate (PINS) you refer to? I know Aaron Dawkins went through his emails as part of this request and didn't locate such an email. I'm hoping the reference from PINS may help locate this email or determine when/how an exchange may have taken place.

Many thanks

Regards
Thomas Walton | Business Support Manager | Planning Services
[email address] | 01372 474790 | elmbridge.gov.uk
Elmbridge Borough Council, Civic Centre, High Street, Esher, Surrey, KT10 9SD

show quoted sections

Dear Town Planning,

Would a screen shot of the reference be of assistance perhaps.

Yours sincerely,

Paul Thatcher

Town Planning, Elmbridge Borough Council

This is an automatic reply. Thank you for your enquiry to Planning
Services, which has been passed to the most suitable officer for action.

 

We try to meet our customer care standards by replying to you as soon as
possible and to provide a full response within 7 working days. Some
requests, including requests for documents, may take longer to process.
Please visit our website for more information on our service
[1]elmbridge.gov.uk/planning

 

If you have asked for information under the Freedom of Information Act
2000, you should receive a reply from us within 20 working days.

 

Please note we are not able to reply to unsolicited spam or marketing
emails.

 

You may wish to receive planning alerts via the ‘My Account’ service.
[2]Create an account and receive notifications of new applications and
decisions in your area.

 

Planning Services
Elmbridge Borough Council | High Street, Civic Centre, Esher. Surrey, KT10
9SD
[3]elmbridge.gov.uk/planning
01372
474474                                                                                                                                                                                       

This email, and any attachments, is strictly confidential and may be legally
privileged. It is intended only for use by the addressee. If you are not the
intended recipient, any disclosure, copying, distribution or other use of this
communication is strictly prohibited. If you have received this message in
error, please contact the sender and delete it from your system. The opinions
expressed in this email are not necessarily those of Elmbridge Borough Council.

References

Visible links
1. https://www.elmbridge.gov.uk/planning
2. http://www.elmbridge.gov.uk/myaccount
3. https://www.elmbridge.gov.uk/planning

Town Planning, Elmbridge Borough Council

Dear Mr Thatcher

Thank you for your email.

I spoke with Aaron regarding the reference to correspondence with the Planning Inspectorate. This extra piece of information made him realise he had indeed corresponded and had been thinking of when the matter arose with Leisure rather than the later appeal. I do apologise, this was a genuine mistake on his part.

First, I can confirm that the Council does hold relevant information within the terms of your request. This is information assembled during the course of a planning enforcement investigation.

With regard to your request to view the correspondence, I have treated this as a request under the Environmental Information Regulations 2004 (EIR). Regulation 12(5)(b) of the EIR allows a public authority to refuse to disclose information on the basis that disclosure would adversely affect the ability of a public authority to conduct an inquiry of a criminal or disciplinary nature which includes information about investigations into potential breaches of legislation such as planning law or environmental law. Accordingly, I am not able to release the information you requested from the aforementioned planning investigation.

A public interest test has been applied to this exemption. There is a public interest in openness and transparency and in providing information to the public which enables them to understand the compliance process more clearly. However, I also accept that disclosure would reveal information in relation to a live investigation to the world at large and prejudice the outcome of the investigation and damage the integrity of the current process and the willingness of individuals involved to cooperate fully now and in the future. Although there are public interest arguments in favour of disclosure in this case, I conclude that these are outweighed by the weightier arguments in favour of maintaining the exception.

The Council operates a presumption of openness in its access to information. It provides much information outside the provisions of the Freedom of Information Act and it will continue to do on a “business as usual” basis. Persons do not need to engage the statutory provisions to access all reasonable information about the Council and its services.

If, for whatever reason, you are unhappy with our response, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original letter and should be addressed to Head of Legal Services, Elmbridge Borough Council, Civic Centre, High Street, Esher, Surrey, KT10 9SD.

Should you then remain dissatisfied at the outcome of that process, you are entitled to appeal against the decision by contacting:

The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
Telephone: 08456 30 60 60 or 01625 54 57 45
Website: www.ico.gov.uk

There is no charge for making an appeal.

Regards
Thomas Walton | Business Support Manager | Planning Services
[email address] | 01372 474790 | elmbridge.gov.uk
Elmbridge Borough Council, Civic Centre, High Street, Esher, Surrey, KT10 9SD

show quoted sections

Dear Elmbridge Borough Council,

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

I am writing to request an internal review of Elmbridge Borough Council's handling of my FOI request 'Email correspondence between Ebc and E.a'.
This information remains important to uphold the ingreity of the council and the consistency of their employees particularly in light of what could be viewed as attempts to subvert this foi and to avoid miscarriages of justice and malicious prosecutions. The application of law is an open and honest process and the work of the council is open to scrutiny . Disclosure of used material is relevant to any case and any weaknesses that undermine the council's case should be raised.

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,

Paul Thatcher

Freedom of Information, Elmbridge Borough Council

This is an automatic reply. Thank you for your enquiry which has been
passed to the most suitable officer for action.

To meet our customer care standards we will try to reply to you as soon as
possible and provide a full response within 7 working days.  The Council
regrets that the urgent allocation of resources in response to Covid 19
means that it may be unable, for a temporary period, to respond promptly
to FOI requests or always within the statutory time-limit

If you have asked for information under the Freedom of Information Act
2000, you should receive a reply from us within 20 working days. Please
look at our website for more details and exceptions to these response
times: [1]http://www.elmbridge.gov.uk/council/free...

Please note we are not able to reply to unsolicited emails.

Alternatively, please visit our website for more information on our
service [2]www.elmbridge.gov.uk 

Elmbridge Borough Council

High Street, Civic Centre, Esher

Surrey, KT10 9SD

[3]http://www.elmbridge.gov.uk 

01372 474474

 

 

This email, and any attachments, is strictly confidential and may be legally
privileged. It is intended only for use by the addressee. If you are not the
intended recipient, any disclosure, copying, distribution or other use of this
communication is strictly prohibited. If you have received this message in
error, please contact the sender and delete it from your system. The opinions
expressed in this email are not necessarily those of Elmbridge Borough Council.

References

Visible links
1. http://www.elmbridge.gov.uk/council/free...
2. http://www.elmbridge.gov.uk/
3. http://www.elmbridge.gov.uk/

Georgina Healy, Elmbridge Borough Council

Dear Mr Thatcher,

I refer to your request below which I understand has been clarified since the original request was submitted. To summarise:

You requested "copies of the emails between Elmbridge Borough Council Local Planning Authority and the Environment Agency from 01/10/2019 and 01/12/2019 relating to the land between Hurst park and the Weir public house. Could this kindly include correspondence under HMLR title TGL2797336."

The Council sought clarification and you responded that you were. "interested in both unauthorised moorings and landownership on this stretch of the river."

The Council required further clarification in an attempt to locate the information, if any, you were seeking. You clarified that you "believe the planning inspectorate have directly referred to an email exchange regarding Land ownership between Mr Dawkins of the Ebc planning and the Environment Agency" and you later provided the Planning Inspectorate's reference which you provided.

At that point, it became clearer what information you were seeking. The Council applied an exception under the EIR and you have now sought an internal review.

The Council's Local Planning Department is looking at your request again and you will be contacted when this process has been completed.

Yours sincerely
Georgina Healy

Georgina Healy| Solicitor | Legal Services
[email address] | www.elmbridge.gov.uk
Elmbridge Borough Council, Civic Centre, High Street, Esher, Surrey, KT10 9SD

show quoted sections

Town Planning, Elmbridge Borough Council

2 Attachments

Dear Mr Thatcher

 

Thank you for your email of 25 June 2021 wherein you requested information
relating to “copies of the emails between Elmbridge Borough Council Local
Planning Authority and the Environment Agency from 01/10/2019 and
01/12/2019 relating to the land between Hurst park and the Weir public
house. Could this kindly include correspondence under HMLR title
TGL2797336." 

 

The information you have requested is attached. Please accept my apologies
for the slight delay in sending the attached to you

 

As part of the internal review process, we sought the views of the
Environment Agency to confirm if they had any objections to the release of
this correspondence. They have advised they have no objection and so a
decision has been made to release the information under EIR. Redactions
have been made to remove telephone numbers, email addresses etc. Please
note, where it appears some emails had images attached (.png, .jpg etc)
these were logos in email signatures (such as the one in mine below)
rather than photographs.

 

The supply of information in response to a freedom of information requires
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 government departments
and agencies you can re-use the information under the Open Government
Licence.  For information about this please see
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 www.ipo.gov.uk

 

The Council operates a presumption of openness in its access to
information.  It provides much information outside the provisions of the
Freedom of Information Act and it will continue to do on a “business as
usual” basis.  Persons do not need to engage the statutory provisions to
access all reasonable information about the Council and its services.

 

If, for whatever reason, you are unhappy with our response, you have the
right to ask for an internal review.  Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to Head of Legal Services,
Elmbridge Borough Council, Civic Centre, High Street, Esher, Surrey KT10
9SD. 

 

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

 

Should you then remain dissatisfied at the outcome of that process, you
are entitled to appeal against the decision by contacting:

The Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. 

Telephone:  08456 30 60 60 or 01625 54 57 45

Website:  www.ico.gov.uk

 

There is no charge for making an appeal.

 

Regards

Thomas Walton | Business Support Manager | Planning Services

[1][email address] | 01372 474790 | [2]elmbridge.gov.uk

Elmbridge Borough Council, Civic Centre, High Street, Esher, Surrey, KT10
9SD

 

 

[3][IMG]

 

 

This email, and any attachments, is strictly confidential and may be legally
privileged. It is intended only for use by the addressee. If you are not the
intended recipient, any disclosure, copying, distribution or other use of this
communication is strictly prohibited. If you have received this message in
error, please contact the sender and delete it from your system. The opinions
expressed in this email are not necessarily those of Elmbridge Borough Council.

References

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2. http://www.elmbridge.gov.uk/
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Dear Town Planning,

Many thanks for your reply and the attached document. I note that the original request was for emails from between 01/10/2019 and 01/12/2019 and yet the response includes only a few days in November. Was this an administrative error. The emails appear to be part of a longer chain of communication.

Yours sincerely,

Paul Thatcher

Town Planning, Elmbridge Borough Council

This is an automatic reply. Thank you for your enquiry to Planning
Services, which has been passed to the most suitable officer for action.

 

We try to meet our customer care standards by replying to you as soon as
possible and to provide a full response within 7 working days. Some
requests, including requests for documents, may take longer to process.
Please visit our website for more information on our
service [1]elmbridge.gov.uk/planning

 

If you have asked for information under the Freedom of Information Act
2000, you should receive a reply from us within 20 working days.

 

Please note we are not able to reply to unsolicited spam or marketing
emails.

 

You may wish to receive planning alerts via the ‘My Account’
service. [2]Create an account and receive notifications of new
applications and decisions in your area.

 

Planning Services
Elmbridge Borough Council | High Street, Civic Centre, Esher. Surrey, KT10
9SD
[3]elmbridge.gov.uk/planning
01372 474474                              

This email, and any attachments, is strictly confidential and may be legally
privileged. It is intended only for use by the addressee. If you are not the
intended recipient, any disclosure, copying, distribution or other use of this
communication is strictly prohibited. If you have received this message in
error, please contact the sender and delete it from your system. The opinions
expressed in this email are not necessarily those of Elmbridge Borough Council.

References

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2. http://www.elmbridge.gov.uk/myaccount
3. https://www.elmbridge.gov.uk/planning

Dear Elmbridge Borough Council,

Many thanks on more in-depth reading I am satisfied that this request is complete. Many thanks for your continued support and hard work I appreciate it took a lot of effort on your behalf.

Yours faithfully,

Paul Thatcher

Freedom of Information, Elmbridge Borough Council

This is an automatic reply. Thank you for your enquiry which has been
passed to the most suitable officer for action.

To meet our customer care standards we will try to reply to you as soon as
possible and provide a full response within 7 working days.  The Council
regrets that the urgent allocation of resources in response to Covid 19
means that it may be unable, for a temporary period, to respond promptly
to FOI requests or always within the statutory time-limit

If you have asked for information under the Freedom of Information Act
2000, you should receive a reply from us within 20 working days. Please
look at our website for more details and exceptions to these response
times: [1]http://www.elmbridge.gov.uk/council/free...

Please note we are not able to reply to unsolicited emails.

Alternatively, please visit our website for more information on our
service [2]www.elmbridge.gov.uk 

Elmbridge Borough Council

High Street, Civic Centre, Esher

Surrey, KT10 9SD

[3]http://www.elmbridge.gov.uk 

01372 474474

 

 

This email, and any attachments, is strictly confidential and may be legally
privileged. It is intended only for use by the addressee. If you are not the
intended recipient, any disclosure, copying, distribution or other use of this
communication is strictly prohibited. If you have received this message in
error, please contact the sender and delete it from your system. The opinions
expressed in this email are not necessarily those of Elmbridge Borough Council.

References

Visible links
1. http://www.elmbridge.gov.uk/council/free...
2. http://www.elmbridge.gov.uk/
3. http://www.elmbridge.gov.uk/

Agnes Krofah, Elmbridge Borough Council

Dear Mr Thatcher,

 

Ref No:2021-22 FOI No.226

 

This is my internal review of the handling of your request for
information.

 

On 26^th July 2021 you requested information as follows:

 

“Please may I kindly request the email chains with relevant attachments
between yourselves and the environment agency titles cherry orchard
gardens from 01/10/2019 and 12/10/2019”.

 

On 30^th July 2021, Thomas Walton replied as follows: 

 

‘I am writing to advise you that, following a search of our paper and
electronic records, I have established that the information you requested
is not held by this department.’

 

On 23^rd September 2021, you requested that ‘this matter be escalated’.

 

I have considered the terms of your initial request and the Council's
response to it and I have sought more information from officers.

 

I am first required to disclose to you whether the information requested
is held by the Council. In order to carry out my review of the handling of
your request I have enquired from relevant Officers the existence of the
requested information and I have been advised that the information
requested is not held by the Council. To that end, the Council is unable
to provide you with the requested information.

 

I am therefore satisfied the Council's data does not lend itself to
providing a response to your request for information.

 

You will be aware that the requirements of FOI is for the Council to
search and locate information it holds, not to commission research or
produce information that is not already available.  

 

In the event that you remain unhappy with the outcome, you can contact the
Information Commissioner using the contact details previously supplied to
you.

 

Yours sincerely

 

 

Agnes Krofah

Law Practice Manager  

Legal Services

 

This email, and any attachments, is strictly confidential and may be legally
privileged. It is intended only for use by the addressee. If you are not the
intended recipient, any disclosure, copying, distribution or other use of this
communication is strictly prohibited. If you have received this message in
error, please contact the sender and delete it from your system. The opinions
expressed in this email are not necessarily those of Elmbridge Borough Council.

This email, and any attachments, is strictly confidential and may be legally
privileged. It is intended only for use by the addressee. If you are not the
intended recipient, any disclosure, copying, distribution or other use of this
communication is strictly prohibited. If you have received this message in
error, please contact the sender and delete it from your system. The opinions
expressed in this email are not necessarily those of Elmbridge Borough Council.