Empty commercial and/or mixed use properties

The request was refused by Powys County Council.

Dear Powys County Council,

Could you kindly provide a list of vacant commercial properties in the borough identifying which are owned by the council or other public body and which are privately owned.

For the properties owned by the council or another public body, could you kindly identify if these are owned or leased.

Could the list kindly include the following: (a) 1. addresses, 2. rateable values 3. date vacated; of empty Commercial properties that are within your area, which have been vacant for longer than 3 months; and

(b) the names and addresses of the owners of those properties referred to in (a)

If this could be supplied in a csv (spreadsheet) format this would certainly be appreciated.

Yours faithfully,

James Loy

Information Compliance (CSP - Generic), Powys County Council

 

Cyfarwyddwr Strategol: Rheoli Gwybodaeth/
Adnoddau
Information Compliance
Strategic Director: Resources
Neuadd Y Sir / County Hall
David Powell
Spa Road East

Llandrindod Wells

Powys LD1 5LG
  If calling please ask for / Os yn galw
gofynnwch am
 
 
 
Tel / Ffôn:  01597 82 7543         
 
Fax / Ffacs:  01597 82 6215      
 
Email/Llythyru electronig:
  [1][Powys County Council request email]

Our ref / Ein cyf:  F2018-0558

Date / Dyddiad:   31/05/18

 

 

Request Accepted

 

FREEDOM of INFORMATION ACT 2000

Reference No: F2018/0558

 

Dear Mr Loy

 

Thank you for your request for information, received at this office on 
30/5/18, in which you requested details of the following:

 

Commercial Buildings     

 

The above is a summary of your request. The full details of the
information sought is provided to the officer to whom the request is
tasked.

 

Your request will now be considered and you will receive a response within
the statutory timescale of 20 working days as defined by the Act, subject
to the information not being exempt or containing a reference to a third
party. In some circumstances Powys County Council may be unable to achieve
this deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

 

There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed and
the 20 working day timescale will be suspended until we receive payment
from you. If you choose not to make a payment then your request will
remain unanswered.

 

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

 

The due date for responding to this request for information is 27/6/18

 

Should you need to discuss this further please contact the Information
Compliance Team on 01597 827543.

 

I would like to take this opportunity to thank you for your interest in
Powys County Council.

 

Yours sincerely,

Jonathan Davies

 

Information Compliance Officer

 

show quoted sections

References

Visible links
1. mailto:[Powys County Council request email]

Information Compliance (CSP - Generic), Powys County Council

Cyfarwyddwr Strategol: Rheoli Gwybodaeth/
Adnoddau
Information Compliance
Strategic Director: Resources
Neuadd Y Sir / County Hall
David Powell
Spa Road East

Llandrindod Wells

Powys LD1 5LG
  If calling please ask for / Os yn galw
gofynnwch am
 
 
 
Tel / Ffôn:  01597 82 7543         
 
Fax / Ffacs:  01597 82 6215      

Email/Llythyru electronig:
[1][Powys County Council request email]

Our ref / Ein cyf:  F2018-0558

Date / Dyddiad:   22/06/2018

 

Reference No: F2018-0558

 

 

Dear Mr Loy

 

Thank you for your request for information dated 30/05/2018 concerning
Commercial Buildings.

 

This is to inform you that your request has been considered and I can
provide the following response:

 

The Request:

 

Could you kindly provide a list of vacant commercial properties in the
borough identifying which are owned by the council or other public body
and which are privately owned.

 

For the properties owned by the council or another public body, could you
kindly identify if these are owned or leased.

 

Could the list kindly include the following: (a) 1. addresses, 2. rateable
values 3. date vacated; of empty Commercial properties that are within
your area, which have been vacant for longer than 3 months; and

 

(b) the names and addresses of the owners of those properties referred to
in (a)

 

If this could be supplied in a csv (spreadsheet) format this would
certainly be appreciated.

 

Response

Section 17 of the Freedom of Information Act 2000 requires Powys County
Council, when refusing to provide such information (because the
information is exempt) to provide you the applicant with a notice which:

(a)  states that fact;

(b)  specifies the exemption in question and

(c)  states (if that would not otherwise be apparent) why the exemption
applies.

In this instance the relevant exemption is Section 31 (1) (a) of the
Freedom of Information Act.

Section 31: Law enforcement

(1) Information which is not exempt information by virtue of section 30 is
exempt information if its disclosure under this Act would, or would be
likely to, prejudice -

(a) The prevention or detection of crime

In accordance with Section 31 (1) (a) of the Freedom of Information Act
2000 I am unable to provide you with the details you have requested.

 

We will not disclose a list of addresses of vacant commercial properties
as to do so may prejudice the Authority, and any other landlord or owner’s
ability to keep the property safe.  The Council has in the recent past had
problems with vandalism and break-ins to empty buildings and we feel that
by placing the exact addresses of these buildings into the public domain
would increase this risk.

 

The exemption under section 31 is a qualified exemption and so we have to
consider the public interest case. In applying this test we have
considered whether the public interest in maintaining the exemption
outweighs the public interest in disclosure.

 

We have considered whether the disclosure would be likely to prejudice the
prevention of crime.  We have considered that there is a link between the
likely prejudice, in the fact that the Council has already suffered
vandalism and break-ins at empty properties, and the impact on the public
purse through increased insurance premiums and maintenance costs.  Whilst
we accept that there is a public interest transparency and in how the
council manages its building stock, in this instance we feel that for the
reasons given above that the exemption is maintained.  To consider whether
we could include other Commercial Properties in the list we would be
required to contact all owners of the property where known and determine
whether they were agreeable.  This in itself would take longer than 18
hours and would incur a further exemption. 

 

 

We believe that this request is now complete and shall be closed
immediately. Should any further information be requested regarding this
topic, a separate request will need to be submitted.

 

We would like to take this opportunity to thank you for your interest in
Powys County Council.

 

Yours sincerely,

 

Information Compliance Team

 

 

The supply of documents under Freedom of Information does not give the
person or organisation who receives them an automatic right to re-use the
documents in a way that would infringe copyright.

 

You are free to use any information supplied for your own use, including
for non-commercial research purposes. The information may also be used for
the purposes of news reporting. However, any other type of re-use, for
example, by publishing the information or issuing copies to the public
will require the permission of the copyright owner.

 

The copyright of most of the information that we provide in response to
Freedom of Information Act requests will be owned by Powys County Council.
The copyright in other information may be owned by another person or
organisation, as indicated in the information itself.

 

For HMSO Guidance Notes on a range of copyright issues, see the Office of
Public Sector Information(OPSI) website.

[2]http://www.opsi.gov.uk/advice/crown-copy...

 

If you are dissatisfied with the service you have received in relation to
your request and wish to make a complaint, please contact Information
Compliance. Our complaints procedure is available on request or on our
website.

 

If you are still not satisfied following this, you can make an appeal to
the Information Commissioner, who is the statutory regulator. The
Information Commissioner can be contacted at:

 

Information Commissioner's Office

2nd floor

Churchill House

Churchill way

Cardiff

CF10 2HH

Tel: 029 2067 8400

Email: [3][email address]

[4]www.ico.org.uk

 

 

 

show quoted sections

References

Visible links
1. mailto:[Powys County Council request email]
2. http://www.opsi.gov.uk/advice/crown-copy...
3. mailto:[email address]
4. http://www.ico.org.uk/