Faraday Road football ground Newbury surveys since June 2018

John Stewart made this Freedom of Information request to West Berkshire 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 refused by West Berkshire Council.

Dear Suzi,
Please can you provide me with all correspondence and reports associated with inspections, site surveys and costings undertaken by the Council and any of its subcontractors or consultants at the Faraday Road football ground since it was closed in June 2018?
Yours sincerely,
John Stewart

foi, West Berkshire Council

FoI/2019/1149

 

Dear Mr Stewart

 

Request for information: Faraday Road Football Ground –
Correspondence/Reports from Jun 2018

 

Thank you for your request received 18 October 2019; we will respond
within twenty working days.

 

Yours sincerely,

 

James Gore

Data Protection Officer

Legal and Strategic Support 

West Berkshire Council  Market Street  Newbury  RG14 5LD

(01635) 519591| Ext 2591 | [1][email address]

[2]www.westberks.gov.uk 

 

 

From: John Stewart [mailto:[FOI #613490 email]]
Sent: 18 October 2019 16:26
To: foi <[West Berkshire Council request email]>
Subject: Freedom of Information request - Faraday Road football ground
Newbury surveys since June 2018

 

This is an EXTERNAL EMAIL. STOP. THINK before you CLICK links or OPEN
attachments.

Dear Suzi,
Please can you provide me with all correspondence and reports associated
with inspections, site surveys and costings undertaken by the Council and
any of its subcontractors or consultants at the Faraday Road football
ground since it was closed in June 2018?
Yours sincerely,
John Stewart

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[3][FOI #613490 email]

Is [4][West Berkshire Council request email] the wrong address for Freedom of Information
requests to West Berkshire Council? If so, please contact us using this
form:
[5]https://www.whatdotheyknow.com/change_re...

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For more detailed guidance on safely disclosing information, read the
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Please note that in some cases publication of requests and responses will
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If you find this service useful as an FOI officer, please ask your web
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show quoted sections

foi, West Berkshire Council

FoI/2019/1149

 

Dear Mr Stewart

 

Request for information: Faraday Road Football Ground –
Correspondence/Reports from Jun 2018

 

I am writing to advise you that the authority is extending the time to
respond to your request by an additional twenty working days, under the
provisions of Regulation 7 of the Environmental Information Regulations
2004.

 

This is because the complexity and/or volume of the information requested
means that it is impracticable either to comply with the request or to
make a decision to refuse to do so within the earlier period.

 

A response will be provided within twenty working days, by no later than
13^th December.

 

Yours sincerely,

 

Suzi Kenchington 

Information Compliance Officer

Legal and Strategic Support

West Berkshire Council, Council Offices, Market Street, Newbury, RG14 5LD

[1][email address] | 01635 519860 | 2860

 

 

From: John Stewart [[2]mailto:[FOI #613490 email]]
Sent: 18 October 2019 16:26
To: foi <[3][West Berkshire Council request email]>
Subject: Freedom of Information request - Faraday Road football ground
Newbury surveys since June 2018

 

This is an EXTERNAL EMAIL. STOP. THINK before you CLICK links or OPEN
attachments.

Dear Suzi,
Please can you provide me with all correspondence and reports associated
with inspections, site surveys and costings undertaken by the Council and
any of its subcontractors or consultants at the Faraday Road football
ground since it was closed in June 2018?
Yours sincerely,
John Stewart

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[4][FOI #613490 email]

Is [5][West Berkshire Council request email] the wrong address for Freedom of Information
requests to West Berkshire Council? If so, please contact us using this
form:
[6]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[7]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[8]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

Dear Suzi,
Thank you for getting back to me on time, but I am disappointed you have not been able to provide me with any of this recent information which must be accessible.
We were led to believe from a previous FOI that the Operations Board discussed on 04/10/18 publishing the Condition Survey and site assessment in preparation for the proposed MUGA. We also know that the portfolio holder stated at the Executive Meeting on 29/03/19 that the existing clubhouse, changing rooms and toilets were part of a condition survey carried out in July 2018.
We hope to get from you information on all aspects of the ground including buildings (as above), pitch, fencing, perimeter and floodlights.
Rather than seek a review for this apparent unnecessary delay, I am prepared to wait for a full disclosure on 13/12/19.
Yours sincerely,
John Stewart

foi, West Berkshire Council

1 Attachment

FoI/2019/1149

 

Dear Mr Stewart

 

Request for information: Faraday Road Football Ground –
Correspondence/Reports from Jun 2018

 

Please see below the Council’s response to your request for information.
In your latest request you have asked;

 

Please can you provide me with all correspondence and reports associated
with inspections, site surveys and costings undertaken by the Council and
any of its subcontractors or consultants at the Faraday Road football
ground since it was closed in June 2018?

Your request has been considered under the Environmental Information
Regulations 2004, as the information you have requested relates to the
football ground and the development of the London Road Industrial Estate
which is considered environmental in nature, and in the context of your
previous correspondence with the authority.

 

Since 2018 you have submitted a number of requests for information
relating to the Faraday Road Football Ground and the Council’s intention
to redevelop the site. These are:

 

FoI/2018/964- submitted in August 2018. You submitted a request for all
the correspondence leading up to and relating to Hungerford Town Football
Club's application to demolish the stand at Newbury Football Ground,
Faraday Road (case number 18/02046/DEMO).

 

FoI/2018/1143- submitted in October 2018. You submitted a request for
evidence of ownership (by the council, tenants or third parties) of the
large seated spectator stand, namely documents relating to: Football club
leases (including terminations): Newbury Town FC around 1995 AFC Newbury
FC between 1996-2007 Newbury FC between 2008-2018

And since 2008: Insurance rent statements/remittances, Building insurance
premiums, policies & schedules, Asset register details
Building surveys & inspections, Legal letters, title deeds, certificates
of ownership, Payment remittances, sales receipts when the stand changed
hands, Correspondence, emails, phone conversations, meeting minutes which
refer to the "stand".

 

FoI/IR/2018/16- Submitted in December 2018. You submitted a request for an
Internal Review of the response that was provided for FoI/2019/1143. The
FoI Reviewing officer explained in the response that the stand was not
purchased by the Council and that the Council does not hold any evidence
of ownership of the stand. The response also referred to a communication
between you and the Council’s CEO, who had reiterated that the stand was
not owned by the Council.

 

FoI/2019/516- Submitted May 2019. You submitted a request regarding
planning application 19/00814/FUL for the creation of multi-use games
areas, gates, fencing and floodlights at Newbury’s football ground at
Faraday Road specifically for; all documents, meeting minutes and
correspondence relating to the following:

1. The business case which justifies developing this site.
2. The council's strategy and policies this development complies with.
3. The consultation process and consultees.
4. The stakeholders in the council, sporting bodies and the community.
5. The organisations which the council expects to use the facility and the
sports involved.
6. The cost of this work and the nature/costs of further related work.
7. The long-term funding, financial forecast, budget and operating costs.
8. The business plan including how long the facility is expected to exist.

 

FoI/IR/2019/10- Submitted in June 2019. You submitted a request for an
Internal Review of the response provided for FoI/2019/516. The FoI
Reviewing Officer advised you in their response on 9^th July that a
considerable amount of officer time had already been spent collating
information on the Football Ground and LRIE project and that your request,
FoI/2019/516, could be perceived as being Manifestly Unreasonable however,
a review was carried out and you were provided with some additional
information in response to your request.

 

FoI/2019/771- Submitted in July 2019. You submitted a request for all
contractual documentation (e.g. licences and leases) signed between 2005
and 2007 inclusive involving the football ground at Faraday Road Newbury
made between West Berkshire Council and its tenants and/or licensees.

FoI/2019/997- Submitted in September 2019. You submitted a request for all
contractual documentation (e.g. licences and leases) signed between 2008
and 2010 inclusive involving the football ground at Faraday Road Newbury
made between West Berkshire Council and its tenants and/or licensees

 

You have also submitted a complaint against the Council, jointly with
another party, in relation to the Football Ground. I have not included the
specific detail of your complaint, as it would constitute your personal
data, however the complaint has also been considered in conjunction with
the other correspondence you have issued on this matter.

 

………………..

 

It can clearly be inferred from your correspondence that you are unhappy
with the Council’s handling of the decision, and matters arising from the
decision, to close the football ground, to gift the football stand to
Hungerford Football Club and the Council’s intentions to redevelop the
Football Ground as part of the London Road Industrial Estate project.

 

However, it is important to recognise that the Freedom of Information Act
2000 and Environmental Information Regulations 2004 are not intended in
spirit or letter to provide the means to express continued dissatisfaction
at a particular decision, or to provide the means to make repeated and
time-consuming demands upon the authority by repeatedly raising matters
which in its opinion have already been addressed.

When considering this request in context with the many other information
requests and the voluminous correspondence you have sent relating to the
Football ground and the London Road Industrial Estate, the burden in
complying with your enquiries increases exponentially. 

The Council is required to take into account the wider public interest
when considering any request for information, and given this and the
unreasonable burden your request places on the authority, it has now
reached the point where the authority is entitled to fairly regard your
latest request as being Manifestly Unreasonable.

Given this context, your latest request is being refused under Regulation
12(4)(b) (Manifestly Unreasonable) of the Environmental Information
Regulations 2004 because the burden of complying with it outweighs any
public interest in meeting the demands your request places upon the
council as a public authority.

 

A copy of the exception annex and public interest test is attached for
your information.

 

If you are unhappy with the way your request has been handled or the
outcome of your request, you may ask for an internal review. You should
contact The FoI Reviewing Officer, Strategic Support, Council Offices,
Market Street, Newbury RG14 5LD, email [1][email address] , within 40
working days, if you wish to request a review.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF

 

Yours sincerely,

 

Suzi Kenchington 

Information Compliance Officer

Legal and Strategic Support

West Berkshire Council, Council Offices, Market Street, Newbury, RG14 5LD

[2][email address] | 01635 519860 | 2860

 

 

From: John Stewart [[3]mailto:[FOI #613490 email]]
Sent: 18 October 2019 16:26
To: foi <[4][West Berkshire Council request email]>
Subject: Freedom of Information request - Faraday Road football ground
Newbury surveys since June 2018

 

This is an EXTERNAL EMAIL. STOP. THINK before you CLICK links or OPEN
attachments.

Dear Suzi,
Please can you provide me with all correspondence and reports associated
with inspections, site surveys and costings undertaken by the Council and
any of its subcontractors or consultants at the Faraday Road football
ground since it was closed in June 2018?
Yours sincerely,
John Stewart

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[5][FOI #613490 email]

Is [6][West Berkshire Council request email] the wrong address for Freedom of Information
requests to West Berkshire Council? If so, please contact us using this
form:
[7]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[8]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[9]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

Dear Suzi/Rachel,

This request is different and more specific than previous ones and also relates to very recent, accessible information, so it cannot be such a burden to the council. Neither is this request vexatious as our group has the right to know the condition of its Asset of Community Value. There are thousands of petition supporters and many local footballing organisations who are interested in the future of the ground, so this is still very much in the public interest. The report(s) requested will help everyone understand why the ground/buildings could remain closed, or indeed, why (parts/all of) it could be re-opened. Indeed, it should have been kept open according to the Open Space Act, Public Health Act, national and local policies.

For these reasons, please hold an internal review ASAP.

In your appendix, you appear to have contradicted a previous FOI response here, "It can clearly be inferred from your correspondence that you are unhappy with the Council’s handling of the decision, and matters arising from the decision, to close the football ground, to gift the football stand to Hungerford Football Club and the Council’s intentions to redevelop the Football Ground as part of the London Road Industrial Estate project." Are you answering one of my previous FOIs by confirming that the Council, not ex-tenant Newbury FC, gifted the spectator stand to Hungerford Town FC?

Many thanks, yours sincerely,
John Stewart

foi, West Berkshire Council

FoI/IR/2019/23

Dear Mr Stewart,

Request for a Review: Faraday Road football ground Newbury
Correspondence/Reports from Jun 2018

Thank you for your email received 4^th December 2019. This has been passed
to the FoI Reviewing Officer to process as a request for an Internal
Review.

A response will be provided within twenty working days, by no later than
3^rd January.

Yours sincerely,

Suzi Kenchington 

Information Compliance Officer

Legal and Strategic Support

West Berkshire Council, Council Offices, Market Street, Newbury, RG14 5LD

[1][email address] | 01635 519860 | 2860

 

 

From: John Stewart [mailto:[FOI #613490 email]]
Sent: 04 December 2019 12:27
To: foi <[West Berkshire Council request email]>
Subject: Internal review of Freedom of Information request - Faraday Road
football ground Newbury surveys since June 2018

 

This is an EXTERNAL EMAIL. STOP. THINK before you CLICK links or OPEN
attachments.

Dear Suzi/Rachel,

This request is different and more specific than previous ones and also
relates to very recent, accessible information, so it cannot be such a
burden to the council. Neither is this request vexatious as our group has
the right to know the condition of its Asset of Community Value. There are
thousands of petition supporters and many local footballing organisations
who are interested in the future of the ground, so this is still very much
in the public interest. The report(s) requested will help everyone
understand why the ground/buildings could remain closed, or indeed, why
(parts/all of) it could be re-opened. Indeed, it should have been kept
open according to the Open Space Act, Public Health Act, national and
local policies.

For these reasons, please hold an internal review ASAP.

In your appendix, you appear to have contradicted a previous FOI response
here, "It can clearly be inferred from your correspondence that you are
unhappy with the Council’s handling of the decision, and matters arising
from the decision, to close the football ground, to gift the football
stand to Hungerford Football Club and the Council’s intentions to
redevelop the Football Ground as part of the London Road Industrial Estate
project." Are you answering one of my previous FOIs by confirming that the
Council, not ex-tenant Newbury FC, gifted the spectator stand to
Hungerford Town FC?

Many thanks, yours sincerely,
John Stewart

show quoted sections

Rachel Craggs, West Berkshire Council

1 Attachment

Dear Mr Stewart

 

Please find attached my reply following the internal review of the
response provided to your earlier FOI request reference FOI/2019/1149.

 

Yours sincerely

 

Rachel Craggs

Principal Policy Officer (Information Management)

Legal & Strategic Support, West Berkshire Council, Council Offices, Market
Street, Newbury RG14 5LD

(01635) 519441  |  Ext 2441  |  [1][email address]

[2]www.westberks.gov.uk

 

 

This email and any attachments to it may be confidential and are intended
solely for the use of the individual to whom it is addressed. Any views or
opinions expressed may not necessarily represent those of West Berkshire
Council. If you are not the intended recipient of this email, you must
neither take any action based upon its contents, nor copy or show it to
anyone. Please contact the sender if you believe you have received this
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References

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John Stewart left an annotation ()

Response from ICO - your complaint about West Berkshire Council has been accepted for review
13 Feb 2020
Case Reference Number FER0905910
Environmental Information Regulations 2004 (EIR)
Information request to West Berkshire Council: FoI/2019/1149
Complaint raised 27 Jan 2020.