Good Morning,

Freedom of Information Act 2000 – Information Request ENQ-398612-X2L1T0

Thank you for your request for information under the Freedom of Information Act 2000 received on 11 March 2020.

We have up to 20 working days in which to deal with your request. If we require clarification regarding your request, we will contact you to explain this. The 20 working day period will then start from the day that we receive your clarification.

You will also be informed in advance if there is a charge for supplying copies of the information.

Please also be aware that, if the requested information contains references to any third parties, we may need to consult these individuals about the release of their personal data before making a decision whether or not to release the information to you.

We will also provide an explanation if any information is not released to you.

Should you have any queries regarding your request, please contact the team by email [email address] or by telephone 01603 222661.

Yours sincerely,

Sarah Cooper, Business Support Assistant
Information Compliance Team
Dept: 01603 222661
Bay 7-9, Ground Floor, County Hall, Norwich

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Dear Mr Grindrod

Time Extension: Environmental Information Regulations Request ENQ-398612-X2L1T0

I refer to your request for information dated 11 March 2020.

Your request is being processed under the Environmental Information Regulations 2004 as the information that you are requesting falls under the definition of environmental information.
Regulation 7 of the EIR makes provision for public bodies to extend the timescale for response:

7.—(1) Where a request is made under regulation 5, the public authority may extend the period of 20 working days referred to in the provisions in paragraph (2) to 40 working days if it reasonably believes that the complexity and volume of the information requested means that it is impracticable either to comply with the request within the earlier period or to make a decision to refuse to do so.

We need to do this, in this case. We aim to respond to you as soon as possible and at the latest by 11 May 2020.

Yours sincerely

Bev Whittaker, Information Compliance Officer
Information Management
Tel: 01603 638017 | Dept: 01603 222661
Bays 7,8 & 9, Ground Floor, South Wing, County Hall, Martineau Lane, Norwich

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Dear Mr Grindrod
 
Environmental Information Regulations Request ENQ-398612-X2L1T0
 
I refer to your request for information dated 11 March 2020.
 
I am emailing to advise you that unfortunately we will not be able to send
our response to your enquiry by the deadline of the 11 May 2020.
 
We are awaiting responses from third party organisations, concerning some
of the documentation we wish to provide to you, however, due to the
restrictions organisations are currently operating under, we wish to
ensure that we allow them sufficient time to consider the documentation
and provide their views.
 
Please let me reassure you that we are monitoring the situation and plan
to send the response to you as soon as practicable.
 
Yours sincerely
 
Bev Whittaker, Information Compliance Officer 
Information Management 
Tel: 01603 638017 | Dept: 01603 222661
Bays 7,8 & 9, Ground Floor, South Wing, County Hall, Martineau Lane,
Norwich 
  
 
 
 

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Dear Mr Grindrod
 
Environmental Information Regulations Request ENQ-398612-X2L1T0
 
I refer to your request for information dated 11 March 2020 and apologise
for not meeting the statutory timeframe for response. I am in receipt of
your recent request for internal review, citing lack of response; however,
before proceeding with a review it would now seem prudent to give you time
to consider whether the below response has any impact on the scope of your
appeal.
 
You asked for:
 

• all documentation (including messages, e-mails etc.), other than that
which has been published or previously provided, that the council
holds in relation to sites GNLP2019 and COL1 in Coltishall either
under those titles or their aliases “Land on Rectory Road, south of
railway” etc. and any material relating to access to those sites.

 
Our response:
 
Please find attached the requested information held in relation to sites
GNLP2019 and COL1.  For ease of understanding the information pertaining
to these sites has been highlighted in yellow on pages 4 to 11 of the pdf
document entitled ENQ 398612 GNLP2019 & COL1-r Part1 SAN, as this
information is contained within a document detailing other site
information which falls outside the scope of the request. 
 
As you will note, some information within the attached document has been
redacted:-
 
Regulation 13(1) of the Environmental Information Regulations states that
the Council is not required to disclose the personal information of any
other individual if disclosure would contravene the rights of the
individuals to whom the data relates.
 
The redacted data comprises of the following:
•       Names and contact details of staff below tier 3 in the
organisation.
•       Name and contact details of staff from other organisations,
•       The personal data of members of the public, corresponding with the
Council.
 
The exemption applies because:
•       Staff below tier 3 have a reasonable expectation that their
details will not be disclosed into the public domain
•       Staff from other organisations have a reasonable expectation that
their details will not be disclosed into the public domain.
•       Members of the public corresponding with Norfolk County Council
have a reasonable expectation that their personal details would remain
confidential.
 
        Regulation 12(5)(f) of the Environmental Information Regulations
states information should not be disclosed if the interests of the person
providing the information to
the authority will be adversely affected.
 
Information has been redacted under this exception for the following
reasons:
 
1)      The information consists of communications between the authority
and a 3rd party, regarding pre-application advice.
2)      The 3rd party was under no legal obligation to supply the
information, and the council does not have the right to require or
otherwise compel the 3rd party to provide this information.
3)      The 3rd party submitted the request for advice in the expectation
that it would not be disclosed more widely, and it would be treated in
confidence.
4)      We have sought the views of the 3rd party, who has explicitly
stated that it does not consent to the disclosure of the information and
has reiterated that the information remains confidential. 
 
Public Interest Test Reasons
 
The Council has considered whether the public interest is maintaining this
exception is outweighed by the public interest in disclosure.
 
This Council has considered the following reasons in favour of disclosure:
•       Promoting accountability and transparency by public authorities
for decisions taken by them. 
 
Balanced against this are the following reasons against disclosure:
•       Individuals and organisations should be able to seek advice about
ideas for future developments from planning authorities on a confidential
basis.
•       Once a formal planning process is commenced all interested parties
have the opportunity to scrutinise and comment on any proposals based on
the information provided as part of a formal process.
 
On balance the Council considers that the public interest in maintaining
the exemption outweighs the public interest in disclosure.
 
For your assistance, if you have any further queries regarding this site
Adam Banham is happy to be contacted. His contact details are  [1][email
address] and direct dial telephone number is 01603 223229.
 
If you are dissatisfied with our handling of your request you have the
right of appeal through the Council’s internal review procedure by setting
out the grounds of your appeal in writing to:
 
[2][Norfolk County Council request email]
or Information Compliance Team
County Hall
Martineau Lane
Norwich
NR1 2DH
 
An appeal should be submitted within 40 working days of the date of this
notice and should be identified as "EIR Appeal".
 
If you are dissatisfied after pursuing the complaints procedure, you may
apply to the Information Commissioner for a decision whether your request
for information has been dealt with in accordance with the Regulations. 
Refer to the ICO Website at[3]: https://ico.org.uk/concerns/ for advice on
how to report a concern.  Or you can write to them at:
 
First Contact Team
Information Commissioner's Office
Wycliffe House
Water Lane, Wilmslow
Cheshire
SK9 5AF
 
Yours sincerely
 
Bev Whittaker, Senior Information Compliance Officer 
Information Compliance Team, Insight and Analytics, Strategy and
Governance Directorate 
Tel dept: 01603 222661
Bays 7,8 & 9, Ground Floor, South Wing, County Hall, Martineau Lane,
Norwich 
  
 
 
 

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Good Morning,

Thank you for your email.

I can confirm your Freedom of Information Request, ENQ-398612-X2L1T0, has been progressed to the Internal Review stage and assigned to an Information Compliance Manager to investigate and complete. They will be in contact soon.

Thank you,

Sarah Cooper, Business Support Assistant
Information Compliance Team
Dept: 01603 222661
Bay 7-9, Ground Floor, County Hall, Norwich

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Dear Mr Grindrod,

I have reviewed the council's original response to your enquiries in light
of your below appeal, and now provide herewith the comments made by
council officers in response to a request for pre-application advice. The
identity of the enquirer and the detail of their enquiries have been
redacted, along with the names and direct contact details of council
officers. I rely on Regulation 13(1) in relation to information which can
be deemed personal data, and note that you did not intend that the council
should provide either the identity of the enquirer or the specific
questions they asked.

I have been advised that the 3rd party had objected to any disclosure on
grounds of potential prejudice to their commercial interests as this was a
pre-application enquiry which they deemed to be confidential. Whilst there
is precedent in terms of decisions made by the Information Commissioner in
relation to the confidentiality of pre-application advice in some
circumstances, having now reviewed the specific information contained
within the responses made by council officers, I do now find that there is
insufficient evidence to support this position in this particular
instance.

I note your comments that other information already disclosed included
references to another site. I apologise for this. The references are very
similar, and my team are not familiar with these sites and so to some
extent we have to rely on colleagues within the relevant services who hold
the information. It may be that information about both sites is held
together; however, nonetheless I am sorry that we have also furnished you
with some irrelevant information.     

I also apologise on behalf of the council for the delays you have
experienced in receiving responses to your enquiries.  The impact of the
pandemic has played a part, as has the need to seek 3rd party views:
however, I do not seek to excuse the overall time taken and fully accept
that we have gone considerably over the statutory timeframe for response.

If you remain dissatisfied after this review response you may  apply to
the Information Commissioner for a decision on whether your request has
been handled in accordance with the Regulations. Please refer to the ICO
Website at: [1]https://ico.org.uk/concerns/ for advice on  how to report a
concern.  Or you can write to them at:

First Contact Team

Information Commissioner's Office

Wycliffe House

Water Lane, Wilmslow

Cheshire

SK9 5AF

Yours sincerely

Andy Swan

Information Compliance Manager

Information Compliance Team

Intelligence & Analytics, Strategy & Governance

[2]Norfolk County Council   [3]Twitter[4]Facebook[5]Web

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Dear Mr Grindrod,

Thank you for your email. I'm so sorry - I had interpreted your comments
to mean that you had received irrelevant information in addition to
relevant; however, I now see that you are saying that you may have
received this instead of relevant information.

I have asked the department to track back and sort this out.

Forgive me, but I am a little unsure of your second paragraph below. Have
you submitted another separate enquiry, as I can’t see that we have
received anything further from you at this time?

Best regards

Andy Swan

Information Compliance Manager (FOI Lead)

Information Compliance Team

Intelligence & Analytics, Strategy & Governance

County Hall

[1]Norfolk County Council   [2]Twitter[3]Facebook[4]Web

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Dear Mr Grindrod,

Further to below I have been advised that there was no omission of
information relating to GNLP2019 (Coltishall); however, where some
information relating to other sites was contained within relevant
documents this was not necessarily redacted, and it appears that a
reference to GNPL0219 (Marsham) was inadvertently highlighted as if
relevant to your specific enquiry. There was no substitution of
information, only an error in highlighting irrelevant information.

I hope that this clears this up for you.

Yours sincerely

Andy Swan

Information Compliance Manager (FOI Lead)

Information Compliance Team

Intelligence & Analytics, Strategy & Governance

County Hall

[1]Norfolk County Council   [2]Twitter[3]Facebook[4]Web

From: Freedom of Information
Sent: 24 July 2020 09:49
To: '[FOI #654383 email]' <[FOI #654383 email]>
Subject: Environmental Information Request-ENQ-398612-X2L1T0 INTERNAL
REVIEW

Dear Mr Grindrod,

Thank you for your email. I'm so sorry - I had interpreted your comments
to mean that you had received irrelevant information in addition to
relevant; however, I now see that you are saying that you may have
received this instead of relevant information.

I have asked the department to track back and sort this out.

Forgive me, but I am a little unsure of your second paragraph below. Have
you submitted another separate enquiry, as I can’t see that we have
received anything further from you at this time?

Best regards

Andy Swan

Information Compliance Manager (FOI Lead)

Information Compliance Team

Intelligence & Analytics, Strategy & Governance

County Hall

[5]Norfolk County Council   [6]Twitter[7]Facebook[8]Web

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Good Morning,

Freedom of Information Act 2000 – Information Request ENQ-419895-V3X0V6

Thank you for your request for information under the Freedom of
Information Act 2000 received on 28 July 2020.
 
We have up to 20 working days in which to deal with your request; however,
the current circumstances relating to Coronavirus (COVID-19) may impact on
our ability to meet deadlines and so we may take longer to provide you
with a response.

If we require clarification regarding your request, we will contact you to
explain this. The 20 working day period will then start from the day that
we receive your clarification.
 
You will also be informed in advance if there is a charge for supplying
copies of the information.

Please also be aware that, if the requested information contains
references to any third parties, we may need to consult these individuals
about the release of their personal data before making a decision whether
or not to release the information to you.

We will also provide an explanation if any information is not released to
you.

Should you have any queries regarding your request, please contact the
team by email [1][email address] or by telephone 01603 222661.

Yours sincerely,

Sarah Cooper, Business Support Assistant

Information Compliance Team

Dept: 01603 222661

Bay 7-9, Ground Floor, County Hall, Norwich

[2]Norfolk County Council   [3]Twitter[4]Facebook[5]Web

[6]Campaign Logo

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Dear Mr Grindrod,

In reference to your below query, I have now been provided with the
following response from the council’s Community and Environmental Services
department.

The council accepts that the wording which you have identified is open to
interpretation, and so acknowledges the concern you have raised. The
wording was referring to comments made in the pre-applicant’s emails, but
was not intended to be taken as acknowledgement or evidence that there was
either unanimous or majority local support for reversion. It’s reference
was just to highlight that as well as support for the retention of the
measures, there has also been contact from some who would like the 2-way
traffic flow reintroduced.

We apologise for any confusion this has caused.

If you are dissatisfied with our handling of your request you have the
right of appeal through the Council’s internal review procedure by setting
out the grounds of your appeal in writing to:

[1][email address]

or Information Compliance Team

County Hall

Martineau Lane

Norwich

NR1 2DH

An appeal should be submitted within 40 working days of the date of this
notice and should be identified as "EIR Appeal".

If you are dissatisfied after pursuing the complaints procedure, you may
apply to the Information Commissioner for a decision whether your request
for information has been dealt with in accordance with the Regulations. 
Refer to the ICO Website at: [2]https://ico.org.uk/concerns/ for advice on
how to report a concern.  Or you can write to them at:

First Contact Team

Information Commissioner's Office

Wycliffe House

Water Lane, Wilmslow

Cheshire

SK9 5AF

Yours sincerely

Andy Swan

Information Compliance Manager (FOI Lead)

Information Compliance Team

Intelligence & Analytics, Strategy & Governance

[3]Norfolk County Council   [4]Twitter[5]Facebook[6]Web

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Dear Mr Grindrod,

I am sorry for the delay in responding to your attached appeal against the
council’s below response.  

Having now reviewed this in light of your attached submissions, I have
concluded that your point of challenge does not fall within the scope of
the Environmental Information Regulations (the EIR).

In your below email on 28 July you referred to an email exchange dated 16
January 2020 which had been disclosed to you in response to a previous
enquiry (reference ENQ-398612). You specifically highlighted a statement
in that email that the council “appreciates that there has been continued
local support to reintroduce the 2-way traffic flow [on Rectory Road]”,
and you requested “the evidence that supports such an assertion”. This was
treated as a new enquiry under reference ENQ-419895, for which you
received the response directly below on 1 September, providing the
council’s explanation for the statement that you had highlighted.

Your enquiries were considered under the EIR as they related to matters
impacting on an element of the environment. As is the case for the Freedom
of Information Act, the EIR relate exclusively to recorded information
held by a public authority at the time that a request is received.
Accordingly, the legislation does not require the generation of
information which is not already recorded, and this includes opinion and
explanation (unless specific opinions or explanations happen to be
documented). Even where an opinion or explanation is recorded, the scope
of the legislation does not extend beyond what is documented, and so it
does not seek to evaluate the information held.  

For this reason, I find that your challenge to the credibility of the
explanation given in the response to you on 1 September falls outside the
scope of the legislation, and is therefore not in the remit of an internal
review. As previously stated, the council acknowledges that the recorded
statement in question may be open to interpretation; however, the fact
that you do not accept the council’s explanation of this is not a matter
for the EIR.  

I find that the response to you dated 1 September could have stated more
clearly that there is no further recorded information falling within the
scope of “the evidence that supports such an assertion”; however, I do
conclude that your specific ground for appeal should not be upheld.   

If you remain dissatisfied after this review you may apply to the
Information Commissioner for a decision on whether your request has been
handled in accordance with the Regulations.  Please refer to the ICO
Website at: [1]https://ico.org.uk/concerns/  for advice on how to report a
concern.  Or you can write to them at:

First Contact Team

Information Commissioner's Office

Wycliffe House

Water Lane, Wilmslow

Cheshire

SK9 5AF

Yours sincerely,

Information Compliance Team Manager 

Deputy Data Protection Officer, Norfolk County Council

Information Compliance Team, Insight and Analytics, Strategy and
Governance Directorate

[2]Norfolk County Council   [3]Twitter[4]Facebook[5]Web

From: Freedom of Information
Sent: 01 September 2020 11:37
To: '[FOI #654383 email]' <[6][FOI #654383 email]>
Subject: Environmental Information Request-ENQ-419895-V3X0V6

Dear Mr Grindrod,

In reference to your below query, I have now been provided with the
following response from the council’s Community and Environmental Services
department.

The council accepts that the wording which you have identified is open to
interpretation, and so acknowledges the concern you have raised. The
wording was referring to comments made in the pre-applicant’s emails, but
was not intended to be taken as acknowledgement or evidence that there was
either unanimous or majority local support for reversion. It’s reference
was just to highlight that as well as support for the retention of the
measures, there has also been contact from some who would like the 2-way
traffic flow reintroduced.

We apologise for any confusion this has caused.

If you are dissatisfied with our handling of your request you have the
right of appeal through the Council’s internal review procedure by setting
out the grounds of your appeal in writing to:

[7][email address]

or Information Compliance Team

County Hall

Martineau Lane

Norwich

NR1 2DH

An appeal should be submitted within 40 working days of the date of this
notice and should be identified as "EIR Appeal".

If you are dissatisfied after pursuing the complaints procedure, you may
apply to the Information Commissioner for a decision whether your request
for information has been dealt with in accordance with the Regulations. 
Refer to the ICO Website at: [8]https://ico.org.uk/concerns/ for advice on
how to report a concern.  Or you can write to them at:

First Contact Team

Information Commissioner's Office

Wycliffe House

Water Lane, Wilmslow

Cheshire

SK9 5AF

Yours sincerely

Andy Swan

Information Compliance Manager (FOI Lead)

Information Compliance Team

Intelligence & Analytics, Strategy & Governance

[9]Norfolk County Council   [10]Twitter[11]Facebook[12]Web

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