Dear North East Lincolnshire Council,
Can you please provide a full list with addresses of property owned by NELC including all those which are vacant and currently leased to other organisations/companies.
Thank you for contacting us. Your request has been forwarded onto the
relevant department for them to take the appropriate action.
Your reference is CRM914642, this MUST be quoted in any future contact
relating to this enquiry. This will ensure that we are fully aware of
the background to your concern if you should need to contact us again
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Dear Mr Leggott
Thank you for your request under the Freedom of Information Act made on
15th May 2010, reference number 20100519, for a full list with addresses
of property owned by North East Lincolnshire Council.
Under section 1 of the Act I can confirm that North East Lincolnshire
Council holds the information you have requested.
Having considered your request, I note that a full list of the properties
owned by the council would include properties used to house or support
vulnerable individuals, such as respite care, supported housing or
residential homes. Section 38 of the Freedom of Information Act provides
an exemption from disclosing information if such disclosure would, or
would be likely to endanger the physical or mental health of any
individual, or endanger the safety of any individual.
As disclosure of this information, would or would be likely to endanger
the safety of any individual using those identified facilities, I am
satisfied that it is exempt information as defined by section 38 (1 a) of
the Freedom of Information Act .
Section 38 is a qualified exemption, and requires consideration of whether
the public interest in withholding the information outweighs the public
interest in disclosing it. In determining the balance of public interest I
have consider the disclosure of the information into the public domain,
rather than disclosure to a particular individual. The factors in favour
of disclosing the addresses of those properties used to support vulnerable
* Accountability and transparency by the council in the spending of
public money and management of public assets;
* Increasing public understanding of the services provided by the
* Promoting accountability and transparency by the council for decision
making, and assisting understanding of those decisions.
The factor in favour of withholding the addresses of those properties used
to support vulnerable individuals would be the risk to their safety.
On balance, the public interest lies in ensuring the safety of the
vulnerable individuals provided services by the council, I therefore wish
to inform you that the addresses of properties used by North East
Lincolnshire Council for respite care, supported housing or residential
homes for vulnerable individuals are exempt from disclosure by virtue of
section 38 (1 a) of the Freedom of Information Act.
The attached document contains details of all council owned properties,
with the exception of those properties used for respite care, supported
housing or residential homes. Please be aware that the list includes a
large number of ground lease properties, i.e. where North East
Lincolnshire Council owns the ground but not the buildings on it.
If you require any further clarification or details, please do not
hesitate to contact me, quoting the reference number above.
If you are unhappy with the response you have received, you have the right
to request an internal review by the Council. If following this you are
still dissatisfied you may contact the Office of the Information
Commissioner. If you wish to request an internal review, please contact me
and I will make the necessary arrangements.
Corporate Records and Information Manager
North East Lincolnshire Council
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