Empty commercial property and long term empty residential property

charles annet made this Freedom of Information request to Royal Borough of Kensington and Chelsea

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.

Dear Royal Borough of Kensington and Chelsea,

Under the provisions of the Freedom of information act 2000 please could you send me;

1- a list of all empty commercial property in the borough and the liable company
2- a list of long term empty residential property in the borough (with council tax exemption code if possible)

Yours faithfully,

Charles Annet

Royal Borough of Kensington and Chelsea

Dear Mr Annet

FREEDOM OF INFORMATION REQUEST REF: 2010-181

I am writing to confirm that we received your information request on 12
March 2010. For your information and future communications your request
has been allocated the reference number FOI2010-181. Please quote this
reference in any future correspondence.

We will consider your request and respond in accordance with the
requirements of the Freedom of Information Act 2000. Our duty is to
respond promptly or at least within 20 working days.

Yours sincerely

Robin Yu

Information Protection Assistant

FOIA Team, Business Protection Unit

Information Systems Division (ISD)

The Royal Borough of Kensington and Chelsea

The Town Hall, Hornton Street, London W8 7NX

Tel: 020 7938 8226

Web: [1]http://www.rbkc.gov.uk

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Royal Borough of Kensington and Chelsea

2 Attachments

Dear Mr Annet

FREEDOM OF INFORMATION REQUEST REF: 2010-181

I am responding to your request under the Freedom of Information Act 2000,
which we received on 12 March 2010 for information held by the Council.
You requested:

1- a list of all empty commercial property in the borough and the liable
company

2- a list of long term empty residential property in the borough (with
council tax exemption code if possible)

I can confirm that we hold the information requested.

Under section 40(2) of the FOI Act we are permitted to withhold
information which, if disclosed, would breach any of the Principles
contained in the Data Protection Act 1998 (the Act). It is our belief that
the details of vacant residential properties owned by individuals is
personal information, as this data together with other information which
may be reasonably accessible to you would enable the property owners to be
identified. Therefore, if released would breach Principle 1 (fair and
lawful processing) of the Act. Please note, when collecting information in
relation to empty properties individuals are not informed that their
details may be released to the general public. This would be an
unwarranted intrusion of privacy and not in the public interest. The
release of this information would therefore be in breach of Principle 1 of
the Act. In addition it would also be a breach of Principle 2 (information
should only be handled for a limited purpose(s)) as the disclosure of the
information would constitute a different use of the information.

I also refer you to the Information Tribunal decision in the case of Mr
Colin P England and London Borough of Bexley v IC (EA/2006/0060). The
Information Tribunal directed that details of empty residential properties
owned by individuals should not be released as the disclosure would be in
breach of the Data Protection Act 1998.

Although we are not able to provide you with the addresses of empty
properties that are owned by individuals. The attached spreadsheet
contains details of empty properties owned by companies.

Please also see attached list of empty commercial properties in the
borough. Please note this gives the ratepayer's name and not the owners.
Owner details can be obtained from the Land Registry.

Copyright

Please note, all material provided by the Royal Borough of Kensington and
Chelsea in response to your request for information is for your personal,
non-commercial use. The Royal Borough of Kensington and Chelsea reserves
all rights in the copyright of the information provided. Any unauthorised
copying or adaptation of the information without express written
confirmation from the Royal Borough of Kensington and Chelsea will
constitute an infringement of copyright. Any intention to re-use this
information commercially will require consent. Please forward any requests
for re-use of information to the FOI officer ([1][RBKC request email]).

Complaints

Should you be unhappy with the handling of your request, the Council has
an internal complaints process for handling FOI Act complaints. Complaints
are reviewed by the Town Clerk and Chief Executive or his nominee. A form
is available from our website to lodge your complaint
[2]http://www.rbkc.gov.uk/councilanddemocra...
Please contact us if you do not have website access and we can provide you
with a copy of the form.

Following this review, should you still be unhappy with how your
information request has been handled, you have a further right to appeal
to the Information Commissioner who is responsible for ensuring compliance
with the FOI Act.

Yours sincerely

Robin Yu

Information Protection Assistant

FOIA Team, Business Protection Unit

Information Systems Division (ISD)

The Royal Borough of Kensington and Chelsea

The Town Hall, Hornton Street, London W8 7NX

Tel: 020 7938 8226

Web: [3]http://www.rbkc.gov.uk

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References

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2. http://www.rbkc.gov.uk/councilanddemocra...
http://www.rbkc.gov.uk/councilanddemocra...
3. http://www.rbkc.gov.uk/
http://www.rbkc.gov.uk/