evidence regarding graffiti on 203 Hackney Street

Harry Raffal made this Freedom of Information request to Hackney 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.

Dear Hackney Borough Council,

Could you please provide me with the evidence the council collected in order to judge the graffiti on the wall of 203 Hackney Street to be detrimental to the amenity of the area.

Yours faithfully,

Harry Raffal

Dear Hackney Borough Council,

my apologise my request refers 203 Hackney road rather than 203 Hackney street.

Yours faithfully,

Harry Raffal

Poku Antwi-Agyei,

Dear Mr Raffal,

FREEDOM OF INFORMATION ACT 2000 - request for information.

I acknowledge your request for information received on 27 October 2010.

Your request is being considered and you will receive a full response to
your request, within the statutory timescale of 20 working days (from
the day after the request is received) as defined by the Freedom of
Information Act 2000.

If appropriate, the information may be provided in paper copy, normal
font size. If you require alternative formats, e.g. language, audio,
large print, etc. then please let me know.

The Act defines a number of exemptions, some of which are subject to a
public interest test that may prevent release of the information. You
will be informed if this is the case, and you have a right to appeal
against our decision. Information relating to this will be included in
any refusal notice issued.

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.

There may be a fee payable for this information. This will be considered
and you will be informed if a fee is payable. In this event the fee must
be paid before the information is processed and released. The 20 working
day time limit for responses is suspended until receipt of the payment.

If you have any queries or concerns then please contact me at the
address above.

Further information is also available from the Information Commissioner
at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
www.informationcommissioner.gov.uk

Yours sincerely,

Poku Antwi-Agyei

show quoted sections

Rebecca Tyo,

Date: 17.11.2010

LBH number: 67830,67831,67832,67829,67835,67844,67846

By email

Dear Mr Raffal,

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

Thank you for your recent requests regarding the graffiti on 203 Hackney
Road. Your request has been considered. I will deal with your request on a
point-by-point basis.

a) any details, correspondence, documents or minutes the council
possesses which discuss the removal or preservation of graffiti known by
the council to have been created by internationally renowned artists.

We have no details or documents which indicate whether a change in the
Council*s process of removing graffiti was considered or discussed after
the removal of Banksy graffiti in 2009.

b) with any details, documentation or correspondence between Hackney
Council and other councils in England regarding the processes they have
utilised to decide whether to preserve or remove graffiti created by
internationally renowned artists.

We do not currently have any correspondences between Hackney Council and
other councils in England regarding the processes that have utilised to
decide whether to preserve or remove graffiti created by international
renowned artists.

c) any details or documents which indicate whether a change in the
councils process of removing graffiti was considered or discussed after
the removal of Banksy graffiti in 2009.

We have no details or documents which indicate whether a change in the
Council*s process of removing graffiti was considered or discussed after
the removal of Bansky graffiti in 2009.

d) the number of complaints the council has received regarding the
graffiti on the wall of 203 Hackney Road.

None

e) a detailed explanation of the statistical analysis /methodology used
by the council to collect the data used to judge the graffiti on 203
Hackney Road detrimental to the amenity of the area.

The Council*s Enforcement Policy is governed by legislation including
guidance from the Department for Environment, Food and Rural Affairs
(DEFRA). The Council defines Graffiti as any informal or illegal marks,
drawings or paintings that have been deliberately made by a person or
persons on any physical structure in the outdoor environment, usually with
a view to communicating some message or symbol, etc. to others.* As part
of the Council*s enforcement process officers are required to initially
engage with property owner and/or occupier on an informal basis as well as
provide appropriate information on procedures that would be required to be
followed should they wish to retain the piece. This would include
contacting our planning department to ascertain whether consent is
required to retain the piece. Where this is done enforcement ceases until
such time as a decision is made by the Planning Authority. Where no
application has been made to planning after the allotted timeframe the
owners/occupiers will be subjected to further enforcement action. Where
owners do not wish to retain the piece or in instances where consent was
not granted, the Council will always seek to work in partnership with the
owner/or occupier for its speedy removal using the legislative framework.
It is important to note that subject to any removal works been carried out
by the Council the owner and/or occupier of the premises would need to be
notified.

f) any documents, correspondence or minutes you might hold regarding
discussions to conduct a public consultation over whether to remove the
graffiti on the wall of 203 Hackney Road.

We do not hold any documents, correspondence or minutes regarding
discussions to conduct a public consultation over whether to remove the
graffiti on the wall of 203 Hackney Road.

g) the number of objections the council has received regarding the
removal of the graffiti on 203 Hackney Road or requests for the decision
to be reversed. In addition provide the date each request was received by
the council?

The Council has received several enquiries regarding the piece and we are
unable to detail the date each request was made.

I can confirm the Council has received several enquiries and complaints
relating to the piece. The subject matters include objections to the
piece*s presence and objections to the piece*s removal.

I can confirm that we do hold the requested information but unfortunately
it is not in an easily retrievable format nor is there an automated
mechanism that would allow us to easily collate the required data.

The Freedom of Information and Data Protection (Appropriate Limit and
Fees) Regulations 2004 has set the appropriate limit as £450 based on a
charge at £25 per hour.

Section 12 (1) of the Act states that the Council is not obliged to comply
with a request for information if the authority estimates that the costs
of complying with the request would exceed the appropriate limit.

The appropriate limit is represented by the estimated cost of one person
spending 2½ working days in determining whether the Council holds the
information, and locating, retrieving and extracting the information
requested.

The objections relating to the piece have been received by a number of
departments in the council. Such objections are submitted via the Hackney
Contact Centre, Corporate complaints and the Enforcement Team. However,
details of the objections are not held centrally. In order to collate
information relating to the objections, such as the date of receipt and
the total received, an officer would be required to contact each of the
above service areas and request for complaints records to be scrutinised.
As the information is not collated by one single team, the council
estimates the compiling this information would exceed the appropriate
limit.

Consequently the Council is not obliged to respond to your request under
the Freedom of Information Act 2000.

Please note the information is still covered by copyright legislation. You
are not authorised to re-use this information for commercial or research
purposes as defined by the Re-Use of Public Sector Information Regulations
2005. If you do wish to re-use this information please contact the
Information Governance Team, 3rd Floor, Maurice Bishop House, Reading
Lane, London, E8 1HH.

If you are dissatisfied with this response and wish to appeal, please
write to the Information Governance Team, Appeals, 3rd Floor, Maurice
Bishop House, Reading Lane, London, E8 1HH and your complaint will be
dealt with through our Internal Review procedure.

If you are still not satisfied following the Internal Review, you have a
right to appeal to the Information Commissioner. He can be contacted at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700

www.informationcommissioner.gov.uk

Yours sincerely

Christiana Akinbogun

Processing and Compliance Officer

28-33 Independent Place

Shackle well Lane

London

E8 2HE

Phone: 0208 356 5258

[1][email address] I [2]www.hackney.gov.uk

Please consider the environment before printing

Hackney Council may exercise its right to intercept any communication, the
only exception to this would be confidential survey data, with any
employee or agent of the Council using its telephony or data networks.

By using these networks you give your consent to Hackney Council
monitoring and recording your communication.

If you have received this e-mail in error please delete it immediately and
contact the sender.For further information about Hackney Council policies
please contact Hackney Service Centre on: 020 8356 3000

**********************************************************************

London Borough of Hackney may exercise its right to intercept any
communication on its networks - for more information see

[3]http://www.hackney.gov.uk/email_disclaim...

**********************************************************************

This message has been scanned for malware by Websense. [4]www.websense.com

References

Visible links
1. mailto:[email address]
2. http://www.hackney.gov.uk/
3. http://www.hackney.gov.uk/email_disclaim...
4. http://www.websense.com/

Dear Rebecca Tyo,

Thank you for your response to my request. However, I am requesting an internal review. This is not due to the council stating that retrieving certain informations would be too costly. However, you offer two contradictory pieces of information:

"d) the number of complaints the council has received regarding the
graffiti on the wall of 203 Hackney Road.

None"

Whilst in response to g)

"I can confirm the Council has received several enquiries and complaints relating to the piece. The subject matters include objections to the
piece*s presence and objections to the piece*s removal."

Clearly both can not be the case. It is impossible to have had no complaints and to have had several enquiries and COMPLAINTS relating to the piece.

If you could confirm receipt of this message and the process by which the internal review shall be conducted i would be grateful.

Yours sincerely,

Harry Raffal

Rebecca Tyo,

Mr. Raffal,

To clarify - we have not received any complaints of the existence of the piece. But we had received objections and complaints about the potential removal of the piece.

Sorry for the confusion

Rebecca

show quoted sections

Dear Rebecca Tyo,

Thank you for clarifying that point. As that is the case I of course withdraw my request for an internal review.

Yours sincerely,

Harry Raffal