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Lawful delegated authority - Planning Enforcement Notices

Mrs. O'Reilly made this Freedom of Information request to Carmarthenshire County Council Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

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Dear Carmarthenshire County Council,

The council is aware that historically it has served 'Planning Enforcement Notices' on members of the public, and that some of these notices were issued without the lawful delegated authority to do so.

In line with the Freedom of Information Act, please provide the following information:
For each of the last seven years (2017, 2018, 2019, 2020, 2021, 2022, 2023), how many 'Planning Enforcement Notices' were issued without the lawful delegated authority.

Yours faithfully,

Mrs. O'Reilly

FOIA, Carmarthenshire County Council

Diolch am eich gohebiaeth.

Os ydych yn gwneud cais am wybodaeth, bydd y cyfnodau isod yn berthnasol:

 Deddf Rhyddid Gwybodaeth 2000 (DRhG) a’r Rheoliadau Gwybodaeth
Amgylcheddol 2004 (RhGA) - 20 diwrnod gwaith, oni bai bod angen eglurhad
arnom ynghylch y wybodaeth yr ydych yn gofyn amdano.

 Deddf Diogelu Data 2018 a Rheoliad Cyffredinol ar Ddiogelu Data y DU
(ceisiadau ynghylch data personol) – un mis ar ôl derbyn y cais.

Os bydd angen eglurhad arnom ar unrhyw agwedd o’ch cais, byddwn yn
cysylltu â chi mor gynted ag y bo modd.

Thank you for your correspondence.

If you are making a request for information, the following timescales will
apply:

 Freedom of Information Act 2000 (FOIA) & Environmental Information
Regulations 2004 (EIR) - 20 working days, unless we need clarification
regarding the information you are seeking.

 Data Protection Act 2018 and GDPR (requests relating to personal data) –
one month from the receipt of the request.

If we do need to clarify any aspect of your request, we will contact you
as soon as possible.

Tîm Rheoli Gwybodaeth | Information Governance Team
Gweithrediadau a Llywodraethu TG | ICT Operations & Governance
Adran y Prif Weithredwr | Chief Executive’s Department

Mae croeso i chi gysylltu â ni yn Gymraeg neu Saesneg |
You are welcome to contact us in Welsh or English

FOIA, Carmarthenshire County Council

Dear Mrs. O'Reilly

I refer to your request for information, which was received on 16th January, 2024 and has been dealt with under the Freedom of Information Act 2000.

The specific information you requested was contained in your email below.

In response, we do not hold information relevant to your request as we have not issued any unlawfully.

Yours sincerely

Tîm Llywodraethu Gwybodaeth | Information Governance Team
Gweithrediadau a Llywodraethu TG | ICT Operations & Governance
sirgar.llyw.cymru | carmarthenshire.gov.wales
Mae croeso i chi gysylltu â ni yn Gymraeg neu Saesneg 
You are welcome to contact us in Welsh or English

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Dear Carmarthenshire County Council,

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

I am writing to request an internal review of Carmarthenshire County Council's handling of my FOI request 'Lawful delegated authority - Planning Enforcement Notices'.

In response to our FOI request, the Council confirmed that no enforcement notices were issued without lawful delegated authority. We believe this answer to be untrue and an attempt to avoid providing the relevant figures.
The Notices issued by Stephen Thomas on behalf of Julian Edwards could not have been issued with lawful delegated authority as this delegation was not permissible under the scheme of delegation, which required all notices to be issued on behalf of the head of service, and required all delegated decisions to be recorded.
The Council has found no record that either of these people had delegated authority, and have confirmed through another internal review of a seperate FOI decision that no record of the delegation could be found.
We believe there to be other examples of Notices being issued without lawful delegated authority and the Council is clearly aware that some Notices were issued without the lawful delegated authority. The Council have now changed their procedures accordingly.

If no record of a delegation can be found and the delegated action was not recorded, and if the scheme of delegation prevented such a delegation being made, it is only possible to conclude that there was no delegated authority for the decision in question.
It is simply not possible for Stephen Thomas to have had delegated authority to issue an Enforcement Notice on behalf of Julian Edwards. No record of the delegation has been found and the scheme of delegation did not allow for him to issue an EN on behalf of Julian Edwards, who himself did not have delegated authority.

Please provide the accurate figures for how many enforcement notices were issued without lawful delegated authority.

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

Yours faithfully,
Mrs. O'Reilly

FOIA, Carmarthenshire County Council

Diolch am eich gohebiaeth.

Os ydych yn gwneud cais am wybodaeth, bydd y cyfnodau isod yn berthnasol:

 Deddf Rhyddid Gwybodaeth 2000 (DRhG) a’r Rheoliadau Gwybodaeth
Amgylcheddol 2004 (RhGA) - 20 diwrnod gwaith, oni bai bod angen eglurhad
arnom ynghylch y wybodaeth yr ydych yn gofyn amdano.

 Deddf Diogelu Data 2018 a Rheoliad Cyffredinol ar Ddiogelu Data y DU
(ceisiadau ynghylch data personol) – un mis ar ôl derbyn y cais.

Os bydd angen eglurhad arnom ar unrhyw agwedd o’ch cais, byddwn yn
cysylltu â chi mor gynted ag y bo modd.

Thank you for your correspondence.

If you are making a request for information, the following timescales will
apply:

 Freedom of Information Act 2000 (FOIA) & Environmental Information
Regulations 2004 (EIR) - 20 working days, unless we need clarification
regarding the information you are seeking.

 Data Protection Act 2018 and GDPR (requests relating to personal data) –
one month from the receipt of the request.

If we do need to clarify any aspect of your request, we will contact you
as soon as possible.

Tîm Rheoli Gwybodaeth | Information Governance Team
Gweithrediadau a Llywodraethu TG | ICT Operations & Governance
Adran y Prif Weithredwr | Chief Executive’s Department

Mae croeso i chi gysylltu â ni yn Gymraeg neu Saesneg |
You are welcome to contact us in Welsh or English

Robert Edgecombe, Carmarthenshire County Council

Dear Mrs. O’Reilly,

 

Your email below requesting an internal review in this case has been
passed to me to deal with. I will aim to conclude the review within 20
working days, that is by the 19^th March 2024.

 

Yours sincerely

Robert Edgecombe

 

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Robert Edgecombe, Carmarthenshire County Council

1 Attachment

Please find enclosed the response to your request for an internal review
in this matter.

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