Dear Ms Waldram

Thank you for your Freedom of Information request

Details have been forwarded to the Freedom of Information Officer within
the relevant department who will be dealing with your request and will
contact you in due course.

If you have any further queries, please do not hesitate to contact us.

Sincerely,

Rory Williams

on behalf of

C2C Records Officer
Connect to Cardiff
Cardiff County Council
County Hall
Atlantic Wharf
Cardiff
CF10 4UW

email [Cardiff Council request email]

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Ref:

Dear Hannah Waldram

Thank you for your request for information regarding empty properties
received on 25.5.10

Unfortunately we cannot sufficiently identify the information you have
requested from the details you have provided. Section 1(3) of the Freedom
of Information Act says that we are not obliged to respond to your request
until it is clear what you require.  To help us respond could you clarify
what you mean by empty properties, are they council commercial, council
residential or privately owned?

Please note that if we do not receive appropriate clarification of your
information requirements within three months from the date of this letter,
then we will consider your request closed.

Once we receive this we will consider your request and you will receive
the information requested within the statutory timescale of 20 working
days, unless the information is exempt or we require additional time to
consider whether disclosure is in the public interest in accordance with
section 2 of the Freedom of Information Act.

The Act defines a number of exemptions which may prevent release of the
information you have requested. Before we provide the information we will
consider whether it is proper to release it and if any of the exemption
categories do apply then the information will not be released.  We will
tell you if this is the case, and you will have a right of appeal.

If the information you request contains reference to a third party then
they may be consulted prior to a decision being taken on whether or not to
release the information to you. We will tell you if this is the case.

You may have to pay a fee for this information.  We will consider this
and let you know. If so you will have to pay the fee before we process and
release the information.  The 20 working day time limit for responses
will not start until we receive your payment.

If you have any queries or concerns, please do not hesitate to contact me.
 Please remember to quote the reference number above in any future
communications.

You can find out more about the Freedom of Information Act from the
Information Commissioner at:

Information Commissioner's Office (Wales)         
Cambrian Buildings
Mount Stuart Square            
Cardiff
CF10 5FL
 
[1]http://www.informationcommissioner.gov.u...
 
Telephone: 029 2044 8044
 
Fax: 029 2044 8045
Email: [2][email address]
Yours Sincerely

Cheryl Quick
Resource Supervisor /
Performance and Resource / Perfformiad ac Adnodd
Housing & Neighbourhood Renewal / Tai ac Adnewyddu Cymdogaethau
Tel./Ffôn 02920 537396 (37396)

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Dear Hannah Waldram

Please see attached letter of receipt of your request.

Regards

Cheryl Quick
Resource Supervisor /
Performance and Resource / Perfformiad ac Adnodd
Housing & Neighbourhood Renewal / Tai ac Adnewyddu Cymdogaethau
Tel./Ffôn 02920 537396 (37396)

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Your Ref: RFI 1251
Dear Hannah,
FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

* I would like the data for empty properties which are council
commercial, council residential and privately owned - and if you could
divide the empty properties into these groups that would be greatly
appreciated.
* I'd also like to reiterate I would prefer this information to be
delivered as an electronic spreadsheet - with the postcode of each
property included.

<<Admin - Email Attachment.xls>> <<Admin - Email Attachment 1.xls>>
Under the Freedom of Information Act a Public Authority can refuse to
disclose information if any valid exemption(s) under "the act" apply to
the information being requested. These exemptions are classified into two
categories "Absolute and Conditional". If a conditional exemption is used
the "Public Interest Test" must be satisfied and if/what prejudice would
be caused on the release of the information (as explained below). An
Absolute exemption has no such test.

The information you have requested relating to privately owned properties
is exempt from full disclosure under:

* Section 31 (1) (a) Law Enforcement (Conditional)

Section 31 (1) (a), Law Enforcement: Information is exempt information if
its disclosure under this Act would, or would be likely to, prejudice-

(1) (a) the prevention or detection of crime.
Section 31 is a conditional exemption which is subject to the Prejudice
Test and the Public Interest Test under the FOIA. All factors must be
taken into account prior to a decision being made on disclosure or
non-disclosure.

The exemption applies because the release of the full information could in
our view enable criminal acts to be instigated against the private empty
properties requested. We can release the full information relating to
commercial and council owned properties as the level of security
protection would be higher and least likely to such criminal acts, our
response also adheres to the current Information Commissioner guidance on
the issue.

We must also consider if the public interest in withholding the
information outweighs the public interest in disclosing it.

The reasons why the public interest favours withholding the information
are

* to prevent the likelyhood of criminal damage/theft to private
properties.

In reaching the decision we identified there are no factors why disclosure
might be in the public interest, if you have any representation why you
think the pubic interest is with disclosure of the information can you
please put forward your representations.

In accordance with section 17 of the Freedom of Information Act 2000 this
letter acts in part as a Refusal Notice.
Although we cannot meet your request this time, if you have any further
information needs in the future then please do not hesitate to contact me.

You have the right to appeal against our decision. If you wish to appeal
please set out in writing your grounds of appeal and send to The
Information Manager, Cardiff Council, Room 112 County Hall, CARDIFF, CF10
4UW.

You also have the right, under section 50 of the Freedom of Information
Act to apply to the Information Commissioner for a decision whether, in
any specified respect, your request for information has been dealt with in
accordance with the requirements of Part I of the Act. The Commissioner
will however normally require you to pursue an internal appeal to the
Council before considering such an application.

You can find out more about the Act from the Information Commissioner at:
Information Commissioner's Office (Wales)
Cambrian Buildings
Mount Stuart Square
Cardiff
CF10 5FL

[1]http://www.informationcommissioner.gov.u...
Telephone: 029 2044 8044
Fax: 029 2044 8045
Email: [2][email address]
Yours Sincerely
Barry Jeffreys
Information Compliance Manager
Swyddog Rheoli Gwybodaeth
Cardiff Council
Room 111
County Hall
02920-873307

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Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir y
neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am
drosglwyddo'r neges i'r person a enwir), yna ni chewch gopio na
throsglwyddo'r neges. Mewn achos o'r fath, dylech ddinistrio'r neges a
hysbysu'r anfonwr drwy e-bost ar unwaith. Rhowch wybod i'r anfonydd ar
unwaith os nad ydych chi neu eich cyflogydd yn caniatau e-bost y Rhyngrwyd
am negeseuon fel hon. Rhaid deall nad yw'r safbwyntiau, y casgliadau a'r
wybodaeth arall yn y neges hon nad ydynt yn cyfeirio at fusnes swyddogol
Cyngor Dinas a Sir Caerdydd yn cynrychioli barn y Cyngor Sir nad yn cael
sel ei fendith. Caiff unrhyw negeseuon a anfonir at, neu o'r cyfeiriad
e-bost hwn eu prosesu gan system E-bost Gorfforaethol Cyngor Sir Caerdydd
a gallant gael eu harchwilio gan rywun heblaw'r person a enwir.

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References

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1. http://www.informationcommissioner.gov.u...
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