List of derelict and empty properties
Dear Mole Valley District Council,
I am submitting a request for information under the Freedom of Information Act 2000 regarding unused and derelict properties, In light of the recent decisions made by several councils, including Lambeth and Bexley, to release lists of all "long-term" empty domestic and commercial properties, and a court order for a particular council to make its list of empty housing public, could you kindly provide the following information:
(a) The addresses of all vacant or unused privately owned homes which have been empty for more than 12 months in the Mole Valley District.
(b) The addresses of all vacant or unused council-owned homes which have been empty for more than 12 months in the Mole Valley District.
(c) The addresses of all vacant or unused commercial properties which have been empty for more than 12 months in the Mole Valley District.
(d) The addresses noted in (a), (b), and (c) that have had planning applications submitted in the previous 24 months.
(e) The status of the planning applications specified in (d), whether they have been approved, rejected, or withdrawn.
I urge you to consider Judge Fiona Henderson's statement on releasing the list of empty housing and derelict commercial buildings. This information is essential to the regeneration of unused and often hazardous housing, and releasing it is aligned with the Local Government Act 2003, the Empty Housing Briefing Papers (May 2016), and the Housing Act 2004.
I am aware of the risk of theft or break-ins that may result from releasing a list of this nature. Still, I believe that releasing this information will expedite the process of selling or repossessing these properties before other adverse circumstances arise.
Thank you for your consideration.
Yours faithfully,
Martin Stern
Dear Mr Stern
Thank you for your information request submitted under the Freedom of
Information Act 2000.
Please be advised that your request is being dealt with and you will
receive a response within 20 working days, which will be 14^th April 2023.
Regards
Kate Butcher
Customer Care Officer
Freedom of Information and Deputy Data Protection Officer
Mole Valley District Council
01306 885001
[1]www.molevalley.gov.uk
Dear Mr Stern
Thank you for your information request submitted under the Freedom of
Information Act (FOIA) 2000.
Please be advised that, with regard to the addresses of empty residential
and commercial properties, I can confirm that we hold this information
however it is exempt from disclosure under section 31(1)(a) of the Freedom
of Information Act 2000 (FOI Act). Public authorities are not obliged to
release information that would be likely to prejudice the functions of law
enforcement- namely the prevention and detection of crime. The release of
the addresses of empty buildings could lead to
• Buildings to be targeted by squatters
• Buildings to be targeted by criminals or terrorists intent on hiding
or depositing proceeds of crime of terrorist materials
• Premises to be identified as short-term hiding places by criminals or
terrorists
• Premises to be targeted by vandals or street artists
I note that you have referred to Judge Fiona Henderson's statement on
releasing a list of empty housing and derelict commercial buildings which
we have researched. A Google search has returned two news items from the
[1]BBC and the [2]Daily Mail Online both dated 6^th September 2011. Both
carried stories that Judge Fiona Henderson ordered Camden Council to make
public a list of empty homes under the FOIA, after a squatting campaigner
challenged its refusal to reveal the list at appeal. The BBC story also
said that in a statement, Camden had said it was considering its legal
options. Camden Council remitted the appeal and in the Information
Tribunal Case No. EA/2011/0007 dated 22^nd January 2013, the Tribunal was
satisfied that the evidence suggests that disclosing this information
would have the effect of assisting at least some of those wishing to
engage in squatting, leading to an increase in the instances of the
activities listed above. I also note that in the news reports of September
2011 much emphasis was given by Judge Fiona Henderson to the fact the
squatting "is not illegal". This is no longer the case. Squatting in
residential property became a criminal offence in September 2012, which
demonstrates the destructive nature of squatting and the associated
crimes.
Information on empty commercial properties could also lead to crime
associated with squatting such as vandalism and the theft of fixtures and
fittings. The Tribunal concluded that an increase in squatting would also
lead to various categories of associated criminal activity. As a result
the Tribunal found that section 31(1)(a) was engaged in that it was likely
that disclosure of the disputed information would have a negative impact
on the prevention of crime.
The Information Commissioner’s Office re-confirmed that section 31 is
applicable for information about empty properties in another decision
involving the [3]Royal Borough of Kensington and Chelsea dated 26^th March
2015.
Please note that Mole Valley District Council undertook a housing stock
transfer in 2007 and no longer has council-owned accommodation.
We are unable to run reports on planning applications for empty properties
and therefore cannot provide the status of those applications.
If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to: Louise Bircher, Mole Valley
District Council, Pippbrook, Dorking, Surrey, RH4 1SJ.
If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF Or by calling 0303 123 1113 (local rate) Monday to Friday 9am – 5pm.
Regards
Kate Butcher
Customer Care Officer
Freedom of Information and Deputy Data Protection Officer
Mole Valley District Council
01306 885001
[4]www.molevalley.gov.uk
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