homes

Good Morning

Thank you for your request for information under the Freedom of Information Act 2000, dated 02 February 2013. Please can you clarify the request.

The email which you have sent asked for properties within Peterborough Council area. If your request does relate to Peterborough this is not something which Boston Borough Council are able to respond to.

Please quote reference FOI 504-12-13 in any future correspondence.

The Council’s policy is to carry out the spirit and requirements of the Freedom of Information Act in a manner which:

Recognises the duty to inform as the essential principle underlying the legislation; discloses to requesters the maximum information possible which is not injurious to the public and private interests identified in the exemptions in the Act and does so in the most timely and consistent manner given the nature and scope of the request; ensures that fees permitted under the Act are kept to an absolute minimum whilst safeguarding our position as a non profit making repayment department. The Freedom of Information Act can be found here: www.hmso.gov.uk/acts/acts2000/20000036.htm

The Council endeavours to respond in kind unless you request the information in another format. In some circumstances a fee may be payable and if that is the case, I will let you know. A fees notice will be issued to you, and you will be required to pay before I can proceed to deal with your request.

Please contact me if these conditions are unacceptable or you require further advice or assistance with your information needs.
I look forward to receiving clarification from you.

Many thanks

Helen Everard
Business Support Officer

Boston Borough Council
Tel: 01205 314309
[email address]

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Good Afternoon

Thank you for your clarification of the request for information under the Freedom of Information Act 2000, dated 7th February 2012

This is to inform you that your request has been received and the Council is endeavouring to respond as promptly and fully as possible. You will receive the Council’s response by 1st March 2013 at the latest. Please quote reference FOI 504-12-13 in any future correspondence.

The Council’s policy is to carry out the spirit and requirements of the Freedom of Information Act in a manner which:

Recognises the duty to inform as the essential principle underlying the legislation; discloses to requesters the maximum information possible which is not injurious to the public and private interests identified in the exemptions in the Act and does so in the most timely and consistent manner given the nature and scope of the request; ensures that fees permitted under the Act are kept to an absolute minimum whilst safeguarding our position as a non profit making repayment department. The Freedom of Information Act can be found here: www.hmso.gov.uk/acts/acts2000/20000036.htm

The Council endeavours to respond in kind unless you request the information in another format. In some circumstances a fee may be payable and if that is the case, I will let you know. A fees notice will be issued to you, and you will be required to pay before I can proceed to deal with your request.

Please contact me if these conditions are unacceptable or you require further advice or assistance with your information needs.

Many thanks

Bridget Bemrose
Business Support Assistant
Boston Borough Council
Tel 01205 314481
Fax No 01205 364604

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Good Morning

 

Thank you for your request for information dated the 2nd February 2013,
our response is as follows:

 

Under Section 1 of the Freedom of Information Act, I am writing to inform
you that as a Local Authority we do hold the information that you have
requested.  However, on this occasion, I am sorry to tell you that we are
unable to release information relating to addresses of privately owned
properties for the following reason:-

 

 

This information is exempt under Section 40 (2) of the Freedom of
Information Act.  Owners of private dwellings would not expect the council
to release information in respect of their properties as they have
provided this information in confidence and therefore any release of such
information would be unfair to the individual concerned.  Complying with
your request would breach some of the principles of the Data Protection
Act.

 

 

This information is also exempt under Section 31 of the Freedom of
Information Act.  Any release of this information could prejudice the
prevention and detection of crime.  By releasing information on empty
properties into the public domain, we may potentially compromise the
physical security of buildings.  (E.g releasing the information into a
wide public domain may put the building at risk, for example, from
squatters or lead theft).

 

 

With regards to information relating to commercial properties, please find
attached the information you require. With reference to the Council Tax
spreadsheet, for information the tab headed Standard Long Empty are
properties which have been empty for 6 months or more. Tabs A-Q are
different classifications of empty exempt properties.

 

I trust that the information above completes your request in full, however
if I  can be of any further assistance, please contact me.  If you are
unhappy with the service you have received in relation to your request and
wish to make a complaint or request a review of the Council’s decision,
you should contact Mrs Cherilyn Ghannem, Head of Revenues, Benefits and
Customer Services on 01205 314410 or by email at
[1][email address]

 

If you remain dissatisfied with the handling of your request or complaint,
you have a right to appeal to the Information Commissioner at:

 

The Information Commissioner's Office,

Wycliffe House,

Water Lane,

Wilmslow,

Cheshire

SK9 5AF

  

Kind regards

 

 

Alex Fisher

Business Support Assistant

Boston Borough Council

 

Telephone 01205 314401

Fax 01205 314405

[2]www.boston.gov.uk

 

 

From: Andrew Smith [[3]mailto:[FOI #148307 email]]

Sent: 02 February 2013 08:54

To: FOI

Subject: Freedom of Information request - homes

 

     Dear Boston Borough Council,

    

     Please can you provide me with the following information under the

     Freedom Of Information Act 2000:-

    

     (a) addresses of "empty and derelict” properties that are

     within Peterborough Council area; and

    

     (b) the names of the owners of those properties referred to in

    

     (c) The period of time they have been unoccupied for

    

     The above questions relates to both residential and commercial

     properties

    

     Yours faithfully,

    

     Andrew Smith

    

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

    

     Please use this email address for all replies to this request:

     [4][FOI #148307 email]

     

     Is [5][Boston Borough Council request email] the wrong address for Freedom of Information

     requests to Boston Borough Council? If so, please contact us using

     this form:

     [6]http://www.whatdotheyknow.com/help/contact

    

     Disclaimer: This message and any reply that you make will be

     published on the internet. Our privacy and copyright policies:

     [7]http://www.whatdotheyknow.com/help/offic...

    

     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.

    

     

     

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Dear Mr Smith

Thank you for your email of 25th February 2013 in which you are requesting an internal review of your information access request (Our Reference 504-12-13).

I have now reviewed your request and I am sorry to inform you that my findings have not changed our initial decision not to supply this information to yourself.

In accordance with Section 1 (1) (a) of the Freedom of Information Act 2000, you are advised that Boston Borough Council does hold information that falls within the description specified in your request.

However, we will not release information in respect of privately owned premises that are currently unoccupied. This includes both the name of a property owner and the address of that unoccupied property. This is because the information is personal information and therefore exempt from disclosure in accordance with Section 40(2) of the Freedom of Information Act 2000. It is considered the opinion of the council that the individuals who own these properties would have no expectation of their data being released into the public domain and any legitimate interest in disclosure is outweighed by the prejudice to their rights and freedoms because disclosure would breach the First Data Protection Principle in Schedule 1 to the Data Protection Act 1998.

You have queried why we would not release such information to a developer to allow them to invest in an area in line with an empty homes policy. The release of all information under the Freedom of Information Act is actually authorising the release of information into the public domain and could be to any applicant; not necessarily a developer. However, if you have an interest in making an investment into privately owned property in our area, please contact Mr Stuart Horton our Principal Officer for Housing, Health and Community Services who would be happy to talk to you further about this matter. He can be contacted using the address at the bottom of this correspondence, by email [email address] or by telephoning 01205 314200.

It is also my belief that the information that you have requested (for both commercial and private premises) is exempt from disclosure under Section 31(1)(a). Any release of this information could prejudice the prevention and detection of crime. By releasing information on empty properties into the public domain, we may potentially compromise the physical security of buildings. (E.g releasing the information into a wide public domain may put the building at risk, for example, from squatters or lead theft). Whilst you state that Boston does not have an issue with squatters; this may not be the case should information regarding empty homes be released into the public domain. Lincolnshire is currently experiencing a high degree of metal thefts (lead and copper) from unoccupied commercial properties in the area. This accounts for 15% of the overall crime rate in Lincolnshire right now and so releasing the information on vacant properties is likely to exacerbate the problem and the blight that goes with it. Therefore, on balance, it is not in the public interest to disclose the information you are seeking.

I trust that the above information clarifies Boston Borough Council’s position on this matter, however if you are not content with the outcome of your review, you may apply directly to the Information Commissioner for a decision.

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

Your sincerely

Cherilyn Ghannem
Head of Revenues, Benefits & Customer Services

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