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Kingmoor Energy from Waste Facility

norman mcphail made this Freedom of Information request to Cumbria County Council

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Dear Cumbria County Council,

I am writing to you under the Freedom of Information Act 2000 to request the following information in relation to the above proposed development.

Please provide copies of all correspondence and meeting minutes of the pre-application discussions between Cumbria County Council and the applicant concerning the proposed 1/18/9012 non-material planning amendment.

Please provide copies of all correspondence and meeting minutes of any post-application discussions between Cumbria County Council and the applicant concerning the proposed 1/18/9012 non-material planning amendment.

Yours faithfully,

Norman McPhail

Information Governance, Cumbria County Council

Dear Norman McPhail 

Environmental Information Regulations 2004 Reference: FOI-5683-2020

Thank you for your request for information regarding "Kingmoor Energy from
Waste Facility" planning, which was received on 10/06/2020.

The council aims to provide you with the information within the statutory
timescale of 20 working days in this case the date is 08/07/2020.
Subject to the information not being exempt or containing any references
to third parties.

While we endeavour to respond to in these timescales, we want to make you
aware that responding to the current clinical priority of Covid-19 may
mean at times, we struggle to meet these timescales.

The council will, as a matter of routine make information available in
electronic format. Where it is not practical to do this information will
be provided in hard copy (paper). If information is required in
alternative formats e.g. language, audio, large print, etc., please
indicate this as soon as possible so the council can consider your
request.

The Environmental Information Regulations 2004 define a number of
exemptions/exceptions which may prevent information being released to you
automatically. The council will make an assessment about the application
of any exemptions/exceptions and issue you with a decision letter, which
will include details of your right to appeal.

If the information you request contains reference to a third party the
council will consult with them prior to making a decision about the
release of information.

In accordance with the council's Charging Policy a fee may be charged for
supplying information. If a fee is payable you will be issued with a fees
notice. The applicable fee must be paid in full before the information is
processed and released. The statutory time limit for responses is
suspended until the council has received and processed your payment. If
payment is not received within three months of issuing the fees notice
your request will be closed.

If you have any queries or concerns about this email do not hesitate to
contact us.

Many thanks 

Information Governance Team
Corporate, Customer & Community | Cumbria County Council
Service Centre | Parkhouse Building | Kingmoor Business Park
| Carlisle | CA6 4SJ
 
t: 01228 221234 
[1]https://cumbria.gov.uk
 

References

Visible links
1. https://cumbria.gov.uk/

Information Governance, Cumbria County Council

11 Attachments

Dear Norman McPhail 

Environmental Information Regulations 2004, Reference: FOI-5683-2020

Please see attached for a response to your request for information.

Many thanks 

Information Governance Team
Corporate, Customer & Community | Cumbria County Council
Service Centre | Parkhouse Building | Kingmoor Business Park
| Carlisle | CA6 4SJ
 
t: 01228 221234 
[1]https://cumbria.gov.uk
 

References

Visible links
1. https://cumbria.gov.uk/

Dear Cumbria County Council,

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

I am writing to request an internal review of Cumbria County Council's handling of my FOI request 'Kingmoor Energy from Waste Facility'.

Thank you for your response dated 16 July 2020. I wish to request an internal review of Cumbria County Council's response for the following reasons:

1. Attachments to emails form part of the communications and at least one attachment is missing from the included information (the attachment to the email dated 7 May 2020 and acknowledged in the email dated 11 May 2020 - see Email 6.pdf and Email 7.pdf).

2. Individual names can be blacked out if required by GDPR, but it is in the public interest for recipient and destination organisations/companies of email communications to be visible. The email dated 19 May 2020 in Email 1.pdf shows the email to be addressed to someone at Stephenson Halliday, but in most cases the organisation/company names of the recipient and destination addresses are not shown.

3. At least one email, the email dated 7 May 2020, is only included in the text of a reply to other emails. It is possible for someone replying to an email to shorten, or otherwise edit, either intentionally or otherwise, the quoted text of emails to which they are replying (removal of attachments is a frequent such change) so it is important that all emails are included in their original form and not just as quoted text. Please provide all email communications.

4. The emails strongly suggest that at least one telephone conversation is likely to have taken place. At least one such telephone appears to have concerned planning conditions. Given the importance of such matters, it would be surprising if Cumbria County Council hold no information about the telephone conversations that took place. Please provide all information held by Cumbria County Council (in any form including handwritten notes on paper, diaries of work records, databases, internal emails or elsewhere) about any pre and post-application telephone communications.

5. The pre-application advice references many documents but these documents were not included in the response to my request. Such documents are within the scope of my request. The documents used for the pre-application advice appear to differ from those included in the non-material amendment application (e.g. SK502 Updated scheme 3D – Colour studies) so it is important that Cumbria County Council provide all the information on which they are giving their opinion and making decisions.

6. At least one meeting appears to have taken place (see Email 7.pdf) but no minutes of this meeting were included. Please include any minutes or record of this communication if held by Cumbria County Council.

7. Email 3.pdf includes an email that states:
"I would reiterate that it is important to recognise that amendments to major development projects can generate complaint ..."
This suggests that this view has been stated already but the emails provided do not include another statement like this. If Cumbria County Council holds other emails or records of telephone calls or meetings that relate to the pre or post-application communications then this information should be included.

I look forward to your response.

Yours Sincerely

Norman McPhail

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

Yours faithfully,

norman mcphail

Information Governance, Cumbria County Council

Dear Norman McPhail 

Freedom of Information Act 2000, Internal Review Acknowledgement
Reference: FOI-5683-2020

Following the disclosure that we sent to you on 16/07/2020 in response to
your request about "Kingmoor Energy from Waste Facility" planning.

As you are dissatisfied with the way your request has been handled your
request will now be considered through the Council's internal review
process. The internal review will be carried out by Belinda Taylor,
Complaints & Information Governance Officer.

The internal review stage is not an opportunity to consider the request
afresh. The disclosuremade by the council will be considered, in the light
of all the relevant information.

Following the internal review the Council aims to respond within 20
working days. If for any reason we are unable to meet that time frame we
will let you know.

If you are not satisfied with the council's internal review you have the
right to appeal to the Information Commissioner (contact details provided
below):

First Contact Team
Information Commissioners Office
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF

Telephone: 0303 123 1113
E-mail: [email address]
[1]https://ico.org.uk/make-a-complaint

If you have any queries please contact us.

Many thanks 

Information Governance Team
Corporate, Customer & Community | Cumbria County Council
Service Centre | Parkhouse Building | Kingmoor Business Park
| Carlisle | CA6 4SJ
 
t: 01228 221234 
[2]https://cumbria.gov.uk
 

References

Visible links
1. https://ico.org.uk/make-a-complaint
2. https://cumbria.gov.uk/

Information Governance, Cumbria County Council

Dear Norman McPhail

Environmental Information Regulations 2004 Reference: FOI-5683-2020

Please see attached for a response to your Internal Review Request.

Many thanks

Information Governance Team
Corporate, Customer & Community | Cumbria County Council
Service Centre | Parkhouse Building | Kingmoor Business Park | Carlisle | CA6 4SJ

t: 01228 221234
https://cumbria.gov.uk

Gareth Rees left an annotation ()

WhatDoTheyKnow had a bit of trouble extracting the attachments from the most recent reply.

We've extracted them manually to https://files.whatdotheyknow.com/request...

We don't know whether the most recent response to this request contains information or not – if you are norman mcphail please sign in and let everyone know.