Empty commercial property

Cian O'Carroll made this Freedom of Information request to Chorley Borough Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Cian O'Carroll

Dear Chorley Borough Council,

Please provide a list of all properties within your area which are currently classed as vacant for business rates purposes which have a rateable value of over £3,000.

Please provide the address of the property, a description (ie shop, office, factory etc), the contact details of whoever is responsible for the property (ie landlord/owner, tenant who has vacated but still has a lease in place etc) (kindly note where this is an individual I do not requre this information, please blank out where appropriate), the RV and the date that the property was last occupied.

If any of the above make it impossible for you to provide the information, please provide as much as you are able to.

I require this information in Excel format.

Yours faithfully,

Cian O'Carroll

foi, Chorley Borough Council

1 Attachment

Dear Sir / Madam,

Thank you for your request under the Freedom of Information Act 2000.
Please quote the above reference number in all future correspondence.

Please find attached acknowledgement.

Yours faithfully

Paul Sudworth
Information Manager
Chorley Council
DD: 01257 515294

Chorley Council - rated "excellent" - aiming higher

Beacon Council 2009-10 Better Outcomes for People & Places
The Beacon of Beacons

This e-mail and any attached files are confidential and may also be
legally privileged. They are intended solely for the intended addressee.
If they have come to you in error you must not use, copy or communicate
them to anyone. Please advise the sender and permanently delete the e-mail
and attachments.

Please note that while Chorley Council has policies in place requiring its
staff to use e-mail in an appropriate manner, any views expressed in this
message are those of the individual sender and may not necessarily reflect
the views of Chorley Council.

Chorley Council may monitor e-mails sent or received.

foi, Chorley Borough Council

1 Attachment

Dear Mr O'Carroll,

I am writing in response to your request for information under the terms
of the Freedom of Information Act 2000, Ref No FOI/11/169.

Where the properties are owned by private individuals, rather than
companies, this information is personal information and that releasing it
could breach the Data Protection Principles. It is therefore potentially
exempt from release under section 40(2) of the Freedom of Information Act.
This is an absolute exemption.

The first data protection principle requires information to be processed
fairly and lawfully. The Council believe that it would not be fair to
disclose this information. It is gathered under statutory powers and tax
payers are not advised that it will be made available to third parties.
For that reason your request for information is refused insofar as it
relates to individual's accounts.

The first data protection principle also requires at least one of the
conditions in schedule 2 to the Data Protection Act to be met before
information is processed. The Council has considered the schedule 2
conditions and believes that the only potentially relevant condition is
condition 6. This allows for the processing of personal data where:

"The processing is necessary for the purposes of legitimate interests
pursued by the Data Controller or by the third party or parties to whom
the data are disclosed, except where the processing is unwarranted in any
particular case by reason of prejudice to the rights and freedoms or
legitimate interests of the data subject."

It is the Council's view that the interests of the individuals would be
significantly prejudiced if the information were to be released.
Individuals also have a legitimate interest in retaining privacy in
relation to their personal business. This interest is outweighed by any
interest of yours or any other person and for that reason your request is
refused in relation to individual's information, under Section 40 (2) of
the Freedom of Information Act.

Please find attached a spreadsheet containing the information required,
where the ratepayer/owner of the business is a company, not an individual.

I hope the information provided here answers your enquiry. If however,
you are unhappy with the outcome, or the way in which Chorley Council has
handled your request, you may wish to make an appeal. This can be done in
writing to the Information Manager, Chorley Council, Civic Offices, Union
Street, Chorley, PR7 1AL, or by e-mail to: [1][email address] clearly
stating your reasons for dissatisfaction. Please quote the above
reference number in all correspondence.

If your appeal is either not upheld or you remain dissatisfied with our
decision, you can appeal to the Information Commissioner at: Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF, or by e-mail to [2][email address].

Please note that the information provided by Chorley Borough Council is
intended for your personal use. If it is your intention to re-use the
information for commercial gain, you will need to apply to the Council for
a licence to re-use it, under the Re-Use of Public Sector Information
Regulations 2005.

Yours sincerely

Paul Sudworth
Information Manager
Chorley Council
DD: 01257 515294

Chorley Council - rated "excellent" - aiming higher

Beacon Council 2009-10 Better Outcomes for People & Places
The Beacon of Beacons

This e-mail and any attached files are confidential and may also be
legally privileged. They are intended solely for the intended addressee.
If they have come to you in error you must not use, copy or communicate
them to anyone. Please advise the sender and permanently delete the e-mail
and attachments.

Please note that while Chorley Council has policies in place requiring its
staff to use e-mail in an appropriate manner, any views expressed in this
message are those of the individual sender and may not necessarily reflect
the views of Chorley Council.

Chorley Council may monitor e-mails sent or received.

References

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