EPS processes in planning

Richard Everett made this Freedom of Information request to Maldon District 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 partially successful.

Dear Maldon District Council,

I wish to request the following information under the terms of the
Freedom of Information Act 2000 'The Act'. In order to assist you
with this request, I am outlining my query as specifically as
possible. As you will understand, this may not be a definitive list
of relevant information. You should also be aware that it is a
requirement of the act to respond within 20 working days. You maybe
aware that S16 of the act provides a duty on yourselves to assist
requesters.

What is the process employed by the council for dealing with
applications regarding European Protected Species (EPS).

The information should be summarised at each stage of the planning
process from validation through to determination. Please detail
where these are different processes/procedures of the council for
determinations at Outline, Reserved Matters, and Full applications.
Please indicate trigger points for processes where this is
relevant.

If a checklist approach is employed by the council to ensure
procedure is followed correctly please provide a copy(ies) of this
(these) document(s).

If the process is different for applications determined by
committee please identify these (including but not limited to
standard wordings in reports, notices to councillors etc).

If training of officers, and or councillors, is undertaken on these
specific matters (regarding EPS, Habitats regulations assessments,
duties under habitats directive etc) please indicate when this last
took place and give an outline of what training objectives were
undertaken.

If the council has a specific policy document for treatment of
applications regarding ecological matters (that would include
assessing under the habitats directives/regulations) please supply
a link to this document, or where this not published please supply
the document.

If the council exhibits, in its opinion, an example of good
practice in this area please feel free to include this.

While it is not a requirement in FOI requests to state what this
information is sought for I am happy to disclose this. It is my
intention to compare LPAs processes so as to identify good practice
in relation to treatment of EPS in the planning process.

Yours faithfully,

Richard Everett

Committee.clerk, Maldon District Council

Dear Mr Everett

Thank you for your request for information which was received by Maldon District Council on 1 February 2016. The request is covered by the Freedom of Information Act, under which we must respond within 20 working days.

In considering your request the Authority will firstly determine if such information is held. Upon identification of the relevant information the Authority will carry out a review of the documentation to ensure that disclosure is compliant with the Freedom of Information Act 2000 regulations and exemptions.

Under certain circumstances we may charge for providing information. The Council will seek the applicant’s agreement prior to carrying out any work that could incur a charge.

Should you wish to discuss your application further please do not hesitate to contact us.

Regards

Carla Bailey | Committee Services Officer | Resources Directorate
Maldon District Council, Princes Road, Maldon, Essex, CM9 5DL
Normal working days Tuesday – Thursday
email [email address] | tel 01621 876232 | ext 3232 | www.maldon.gov.uk | @maldondc

‘Working in partnership to make the Maldon District a better place to live, work and enjoy’

show quoted sections

Debby Bristow, Maldon District Council

Dear Mr Everett

Thank you for your request for information; please accept our apologies
for the delay in replying.

Your original request to Maldon District Council has been replicated
below, together with the Council’s response:

 

1. What is the process employed by the council for dealing with
applications regarding European Protected Species (EPS). The information
should be summarised at each stage of the planning process from validation
through to determination. Please detail where these are different
processes/procedures of the council for determinations at Outline,
Reserved Matters, and Full applications. Please indicate trigger points
for processes where this is relevant.

 

2. If a checklist approach is employed by the council to ensure procedure
is followed correctly please provide a copy(ies) of this (these)
document(s).

 

3. If the process is different for applications determined by committee
please identify these (including but not limited to standard wordings in
reports, notices to councillors etc).

 

4. If training of officers, and or councillors, is undertaken on these
specific matters (regarding EPS, Habitats regulations assessments, duties
under habitats directive etc) please indicate when this last took place
and give an outline of what training objectives were undertaken.

 

5. If the council has a specific policy document for treatment of
applications regarding ecological matters (that would include assessing
under the habitats directives/regulations) please supply a link to this
document, or where this not published please supply the document.

 

6. If the council exhibits, in its opinion, an example of good practice in
this area please feel free to include this.

 

 

Answers:

 

1. We do not hold documents that outline our processes for dealing with
applications regarding European Protected Species.

 

2. We have a validation checklist that lists documents required depending
on the type of application that is submitted. This document is available
on our website [1]www.maldon.gov.uk

 

3. We do not hold documents that outline the different processes for
dealing with delegated and committee applications.

 

4. No courses have been held that are specific to these matters.

 

5. We do not hold specific policy documents for treatment of applications
regarding ecological matters.

 

6. This is asking for an opinion only, and therefore would not be
considered under the Freedom of Information Act.

If you are not satisfied with our response to your request please let us
know.  If we are unable to resolve the matter quickly then you may wish to
pursue this through the Council’s complaints procedure and request that an
internal review be undertaken.  A request for an internal review must be
submitted within two months of the date of the receipt of the response to
your original information request.  Complaints should be made in writing
to the Council at Princes Road, Maldon CM8 5DL or by email to
[2][email address] or by using the form available on the
Council's website at [3]http://www.maldon.gov.uk.

 

If an internal review is undertaken and you are dissatisfied with the
outcome, you have the right to apply directly to the Information
Commissioner for a decision at the following address:

 

The Information Commissioner, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF

Tel 01625 545 745  Fax 01625 524 510 - Email: [4][email address].

Yours sincerely

 

 

Debby Bristow | Committee Services | Resources Directorate 

Maldon District Council, Princes Road, Maldon, Essex, CM9 5DL
Normal working days Monday – Friday
email [5][email address] | tel 01621 876232 |
[6]www.maldon.gov.uk | @maldondc

 

‘Working in partnership to make the Maldon District a better place to
live, work and enjoy’

 

 

Our Vision: Working in partnership to make the Maldon District a better
place to live, work and enjoy.

Maldon District Council

P Please consider the environment before printing this email.  This email
(including any attachments) is intended only for the recipient(s) named
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References

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2. mailto:[email address]
3. http://www.maldon.gov.uk/
4. mailto:[email address]
5. mailto:[email address]
6. http://www.maldon.gov.uk/

Helen Overton, Maldon District Council

1 Attachment

Further to your request for information, Maldon District Council’s
response is attached to this email.

 

Regards.

 

Helen Overton | Committee Services Officer | Resources Directorate 

Maldon District Council, Princes Road, Maldon, Essex, CM9 5DL
Normal working days Monday, Thursday, Friday
email [1][email address] | tel 01621 875706 (ext 2206) |
[2]www.maldon.gov.uk | @maldondc

 

 

‘Working in partnership to make the Maldon District a better place to
live, work and enjoy’

 

 

 

 

 

 

Our Vision: Working in partnership to make the Maldon District a better
place to live, work and enjoy.

Maldon District Council

P Please consider the environment before printing this email.  This email
(including any attachments) is intended only for the recipient(s) named
above. It may contain confidential or privileged information and should
not be read, copied or otherwise used by any other person unless express
permission is given. If you are not a named recipient, please contact the
sender and delete the email from your system. It is the recipient's
responsibility to ensure that appropriate measures are in place to check
for software viruses. All communications sent to or from the Council may
be subject to recording and / or monitoring in accordance with relevant
legislation.

References

Visible links
1. mailto:[email address]
2. http://www.maldon.gov.uk/