Housing Development at the Carleton Clinic Carlisle

The request was partially successful.

Sean Clifford Reed

Dear Carlisle City Council,

I refer to planning applications reference 15/0918 and 19/0459 and the associated section 106 agreements between Cumbria County Council, Carlisle City Council, the NHS trust and the two developers Taylor Wimpey and Homes England respectively and would be grateful if you could provide information under Freedom of Information, that explains why consideration of both applications overlooked the fact that Cumwhinton Drive is, at the points of access to these developments, a private road and so the developments are in breach of the Cumbria Development Design Guide, which requires developments greater than five units to be served from a publicly adopted highway.

The private road owned by the NHS is now in an appalling state of disrepair and serves around 180 new houses plus the Carleton Clinic and acts as a distributor road for Parkland Village and beyond, yet this was not seen as something that needed to be addressed by either developer before houses were occupied using planning conditions or a section 106.

Instead, contributions were requested and made to off-site works at Sewell Lane, the proposed southern bypass and signals at London Road and Cumwhinton Road.

I look forward to receiving the information.

Yours faithfully,

Sean Reed

Carlisle City Council

Dear Sean Reed,

FREEDOM OF INFORMATION ACT 2000/ ENVIRONMENTAL INFORMATION REGULATIONS
2004

Thank you for your request for information about:

Housing Development at the Carleton Clinic

Your request was received on 09/11/2022 and is being handled in accordance
with the above legislation.
Your query has been given the reference 00001948 and we would appreciate
it if this can be quoted on all correspondence to us.

Under the terms of the legislation, we have an obligation to respond to
your request within 20 working days from the day after your request was
received. We will therefore aim to respond to your request by 07/12/2022. 

Please be aware that, in some circumstances, a fee may be payable for the
retrieval, collation and provision of the information you have requested.
If this is the case, a fees notice will be issued, which would need to be
paid in order to progress your request.

If your request for information is considered and deemed as a 'business as
usual' request, it will be responded to by the appropriate service within
the Council.

If you have any queries in the meantime, please contact
[Carlisle City Council request email] quoting the reference number above.

Further information about your rights is also available from the
Information Commissioner at:
The Information Commissioner's Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire
SK9 5AF.
Telephone: 0303 123 1113

Website: [1]www.ico.org.uk

Kind regards,

Information Team

Carlisle City Council

Civic Centre

Carlisle

CA3 8QG

[email address]

[2]https://www.carlisle.gov.uk/Privacy-Stat...

This e-mail and its attachments may include confidential information or
protectively marked material up to OFFICIAL SENSITIVE and should be
handled accordingly and, is solely for use by the intended recipient(s).
If you have received this e-mail and its attachments in error, please
notify the sender immediately, delete them and do not disclose, copy,
distribute, disclose or retain any part of them. The views and opinions
expressed by the author are not necessarily those of Carlisle City
Council. Carlisle City Council has scanned this e-mail and its attachments
to ensure that they are virus free. The Council can take no responsibility
if a virus is actually present and you are advised to make the appropriate
checks to confirm that they are virus free. Any email and contents sent or
received by the Council may need to be disclosed by the Council under the
Freedom of Information Act 2000. Any personal information contained within
this email and its attachments must be processed in accordance with the
Data Protection Legislation. For further information on how Carlisle City
Council will process your personal information, please visit the Council’s
privacy statement at https://www.carlisle.gov.uk/Privacy-Stat...

References

Visible links
1. http://www.ico.org.uk/
2. https://www.carlisle.gov.uk/Privacy-Stat...

Sean Clifford Reed

Dear Carlisle City Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Carlisle City Council's handling of my FOI request 'Housing Development at the Carleton Clinic Carlisle'.

I note that you have not confirmed or denied whether the authority holds this information, and have not applied an exemption that would remove this obligation.

As you may be aware, Section 1(1) of the FOI Act (https://www.legislation.gov.uk/ukpga/200...) states that "Any person making a request for information to a public authority is entitled to be informed in writing by the public authority whether it holds information of the description specified in the request".
I would be grateful if you could clarify whether or not this information is held, or specify which exemption of the duty to confirm or deny you are applying.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/h...

Yours faithfully,

Sean Clifford Reed

Carlisle City Council

Dear Sean Clifford Reed,

I acknowledge your request for an internal review received on 12/01/2023.

Your request is being considered and you will receive the outcome of the
internal review within 20 working days.

Please do not hesitate to contact us if you have any queries in the
meantime.

Kind regards,

Information Team

Carlisle City Council

Civic Centre

Carlisle

CA3 8QG

[email address]

[1]https://www.carlisle.gov.uk/Privacy-Stat...

This e-mail and its attachments may include confidential information or
protectively marked material up to OFFICIAL SENSITIVE and should be
handled accordingly and, is solely for use by the intended recipient(s).
If you have received this e-mail and its attachments in error, please
notify the sender immediately, delete them and do not disclose, copy,
distribute, disclose or retain any part of them. The views and opinions
expressed by the author are not necessarily those of Carlisle City
Council. Carlisle City Council has scanned this e-mail and its attachments
to ensure that they are virus free. The Council can take no responsibility
if a virus is actually present and you are advised to make the appropriate
checks to confirm that they are virus free. Any email and contents sent or
received by the Council may need to be disclosed by the Council under the
Freedom of Information Act 2000. Any personal information contained within
this email and its attachments must be processed in accordance with the
Data Protection Legislation. For further information on how Carlisle City
Council will process your personal information, please visit the Council’s
privacy statement at https://www.carlisle.gov.uk/Privacy-Stat...

References

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1. https://www.carlisle.gov.uk/Privacy-Stat...

Carlisle City Council

1 Attachment

Dear Sean Reed,

Environmental Information Regulations 2004 - Internal Review

Thank you for your request for information about the Housing Development
at the Carleton Clinic. Your request was received on 09/11/2022 and has
been considered under the terms of the Environmental Information
Regulations 2004.

We acknowledge the Council failed to provide the response within the
statutory 20 working days and thus I would like to offer our sincere
apologies for the delay. Including resource issues due to the Council
undergoing Local Government Reorganisation the delay was also due to some
missing information which we were unable to locate. It would appear that
we are missing a response from the highway authority for Planning
Application -15/0918. The case officer no longer works for the Council,
therefore, we have been unable to access any direct emails where the
information may have been held. Therefore, as far as the responses from
the highway authority relating to Planning Application 15/0918, the ones
we do have contain no references to the road, and so do not fall within
the scope of this request.

Please see attached information identified as falling within the scope of
your request. Although an explanation of the information is not required
under the Environmental Information Regulations 2004 we hope the following
explanation of the attached information will assist.  

The attached Transport Modelling Report does makes reference to the road.
Our understanding is that the report was used by the planning policy team
in the preparation of the local plan allocations when in discussions with
the highway authority. Page 6 relates to site U14 which mentions the road
in question. This raises the issue of the road condition but there is
nothing further on the file for Planning Application 15/0918 which
mentions it.

With regards to Planning Application 19/0459 attached are emails of
Cumbria County Council’s response on highway matters. There are two formal
responses from the County Council and two other emails which have highway
information in them. The first response of the 06/08/2019 mentions the
un-adopted road and that the applicant should take that into account that
it is the intention for Taylor Wimpey to do that work but no timescale set
at that point in time. It makes no other reference and subsequent
responses from highways do not refer to this again. For completeness, we
have attached the response of AECOM the agents in relation to those
highway comments, however, the unadopted road is not mentioned.

You will note that some staff names have been redacted this is due to the
names being considered as personal data.  Withholding personal data falls
under the exception in Regulation 13 of the Environmental Information
Regulations 2004 which relates to:-

[1]Regulation 13(1) of the EIR provides that information is exempt from
disclosure if it is the personal data of an individual other than the
requester, and where one of the conditions listed in regulation 13(2A),
13(2B) or 13(3A) is satisfied.

In this case the relevant condition is contained in regulation 13(2A)(a).
This applies where the disclosure of the information to any member of the
public would contravene any of the Data Protection principles relating to
the processing of personal data as set out in Article 5 of the General
Data Protection Regulation. It is considered that disclosure of
information that identifies living individuals in this instance would not
be lawful or fair and therefore would be a breach of principle (a) under
Article 5 of the UK GDPR.

The supply of information in response to an Environmental Information
Regulations request does not confer an automatic right to re-use the
information.  Under UK copyright law you can use any information supplied
for the purposes of private study and non-commercial research without
requiring permission.  Similarly, information supplied can also be re-used
for the purposes of news reporting.  An exception to this is photographs. 

For other forms of re-use, for example publishing the information, you
would need the permission of the organisation or person who owns the
copyright.  In the case of information produced by Carlisle City Council
you can re-use the information under the Open Government Licence.  For
information about this please see

[2]http://www.nationalarchives.gov.uk/doc/o...

If, however, the copyright is identified as belonging to somebody else,
you will need to apply for permission.  For information about how to
obtain permission from a third party, please go to Intellectual Property
Office’s website at

[3]https://www.gov.uk/government/organisati...

As this request has been handled at the Internal Review stage you now have
the right to complain to the Information Commissioner if you are not
satisified with the response.  However, as it is a first response we would
be happy for the opportunity to review again if you are not satisfied with
the response. If you wish to do this please contact
[Carlisle City Council request email].

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF, [4]www.ico.org.uk, telephone 0303 123 1113.  

Please remember to quote the reference number above in any future
communications.

Kind regards,

Fiona Little

Corporate Information Officer

Carlisle City Council

Civic Centre

Carlisle

CA3 8QG

[email address]

[5]https://www.carlisle.gov.uk/Privacy-Stat...

This e-mail and its attachments may include confidential information or
protectively marked material up to OFFICIAL SENSITIVE and should be
handled accordingly and, is solely for use by the intended recipient(s).
If you have received this e-mail and its attachments in error, please
notify the sender immediately, delete them and do not disclose, copy,
distribute, disclose or retain any part of them. The views and opinions
expressed by the author are not necessarily those of Carlisle City
Council. Carlisle City Council has scanned this e-mail and its attachments
to ensure that they are virus free. The Council can take no responsibility
if a virus is actually present and you are advised to make the appropriate
checks to confirm that they are virus free. Any email and contents sent or
received by the Council may need to be disclosed by the Council under the
Freedom of Information Act 2000. Any personal information contained within
this email and its attachments must be processed in accordance with the
Data Protection Legislation. For further information on how Carlisle City
Council will process your personal information, please visit the Council’s
privacy statement at https://www.carlisle.gov.uk/Privacy-Stat...

References

Visible links
1. https://www.legislation.gov.uk/uksi/2004...
2. http://www.nationalarchives.gov.uk/doc/o...
3. https://www.gov.uk/government/organisati...
4. http://www.ico.org.uk/
5. https://www.carlisle.gov.uk/Privacy-Stat...