EPS processes in planning

Richard Everett made this Freedom of Information request to Braintree 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 Braintree 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

Freedom of Information Act, Braintree District Council

1 Attachment

Dear Mr Everett,

Further to your Freedom of Information request received by Braintree District Council, I write to advise you of the following:

The Freedom of Information Act enables access to information held by the Council, subject to the exemptions contained within the Act. The Act does not require the Council to create information to respond to a request if the requested information is not held, nor to give an opinion or comment.

Please find detailed below all the information the Council holds in relation to your request.

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

The District Council does not have a specific or distinct process for such planning applications.

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

The Council considers that the information you have requested is exempt from disclosure under Section 21 of the Act - Information accessible by other means, namely the Braintree District Council website. The District Council's Local Validation Checklist indicates its requirements for information to be submitted with planning applications (Description of Local Requirements) which can be viewed at the following link:
http://www.braintree.gov.uk/info/200226/...

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).

n/a

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).

n/a

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.

The District Council recently ran a Biodiversity Training Event which the Members of the Planning Committee and Local Plans Committee were invited to on Friday 4th December 2015. The details of the conference agenda are attached.

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.

The District Council's policy approach to the consideration of ecological matters raised in connection with planning applications is set out in its adopted Development Plan (The Braintree District Local Plan Review 2005 and the adopted Core Strategy 2011, both of which can be viewed on the planning policy section of the Council's website:

http://www.braintree.gov.uk/info/200230/...

If you disagree with the Council's decision in respect of your freedom of information request or are otherwise unhappy with how the Council has dealt with your request in the first instance you may approach Emma Wisbey Governance and Member Manager in writing at the following address: Braintree District Council, Causeway House, Bocking End, Braintree, Essex, CM7 9HB.

Should you remain dissatisfied with the outcome you have a right of appeal under S50 of the Freedom of Information Act to appeal against the decision by contacting the Information Commissioner, Wycliffe House, Water Lane, Wilmslow SK9 5AF, [email address]

Kind Regards

Phil Bridgwater
Performance and Information Apprentice
Braintree District Council | Causeway House, Bocking End, Braintree, CM7 9HB
t 01376 552525 Ext. 2447 | www.braintree.gov.uk |
[email address]

show quoted sections

Freedom of Information Act, Braintree District Council

1 Attachment

Dear Mr Everett,

Further to your Freedom of Information request received by Braintree District Council, I write to advise you of the following:

The Freedom of Information Act enables access to information held by the Council, subject to the exemptions contained within the Act. The Act does not require the Council to create information to respond to a request if the requested information is not held, nor to give an opinion or comment.

Please find detailed below all the information the Council holds in relation to your request.

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

The District Council does not have a specific or distinct process for such planning applications.

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

The Council considers that the information you have requested is exempt from disclosure under Section 21 of the Act - Information accessible by other means, namely the Braintree District Council website. The District Council's Local Validation Checklist indicates its requirements for information to be submitted with planning applications (Description of Local Requirements) which can be viewed at the following link:
http://www.braintree.gov.uk/info/200226/...

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).

n/a

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).

n/a

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.

The District Council recently ran a Biodiversity Training Event which the Members of the Planning Committee and Local Plans Committee were invited to on Friday 4th December 2015. The details of the conference agenda are attached.

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.

The District Council's policy approach to the consideration of ecological matters raised in connection with planning applications is set out in its adopted Development Plan (The Braintree District Local Plan Review 2005 and the adopted Core Strategy 2011, both of which can be viewed on the planning policy section of the Council's website:

http://www.braintree.gov.uk/info/200230/...

If you disagree with the Council's decision in respect of your freedom of information request or are otherwise unhappy with how the Council has dealt with your request in the first instance you may approach Emma Wisbey Governance and Member Manager in writing at the following address: Braintree District Council, Causeway House, Bocking End, Braintree, Essex, CM7 9HB.

Should you remain dissatisfied with the outcome you have a right of appeal under S50 of the Freedom of Information Act to appeal against the decision by contacting the Information Commissioner, Wycliffe House, Water Lane, Wilmslow SK9 5AF, [email address]

Kind Regards

Phil Bridgwater
Performance and Information Apprentice
Braintree District Council | Causeway House, Bocking End, Braintree, CM7 9HB
t 01376 552525 Ext. 2447 | www.braintree.gov.uk |
[email address]

show quoted sections