Long Term Empty/Uninhabitable

Response to this request is long overdue. By law, under all circumstances, Portsmouth City Council should have responded by now (details). You can complain by requesting an internal review.

Dear Sir or Madam,

Please can you provide me with the following information under the Freedom Of Information Act :-

(a) addresses of “long term empty” and “uninhabitable empty
properties” that are not owned by individuals within Portsmouth; and

(b) the number of Bedrooms for each the above Properties and

(c) the names of the owners of those properties referred to in (a)

“Individuals” means natural persons, or the beneficiaries of
deceased individuals, if they are also natural persons.

Yours faithfully,

James

FOI, Portsmouth City Council

1 Attachment

 

[1]logo_engInformation Governance  

Community & Communications  Services

Civic Offices, Guildhall Square, Portsmouth,
PO1 2AL

Telephone:    023 9268 8482

                                               

                                                                       

 

Reference: FOI2018/1154

 

Dear James

 

 

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST ACKNOWLEDGEMENT

 

Thank you for your request for information received on 6^th August 2018.

 

Your request is being considered and, subject to the points made below,
you will receive the information requested as promptly as possible within
the statutory timescale of 20 working days as defined by the Freedom of
Information Act 2000.

 

If we need to obtain more information from you in order to understand what
information you require, we will contact you. If this is the case, the 20
days time limit will not commence until your request has been clarified.

 

The Act defines a number of exemptions that may prevent release of certain
information.  The City Council will consider whether any of these
exemptions apply and, where required by the Act, whether it is in the
public interest to release the information.  If we have to make a public
interest test, the 20 day time limit might be extended. We will inform you
if the time scale has to be extended and if any information is withheld
and of your rights of appeal.

 

The City Council would like to make you aware that disclosure of
information obtained through FOIA is a disclosure into the public domain.

 

The City Council’s standard approach is to provide the information in the
form in which we hold it.  If you require alternative formats, e.g. audio,
large print, etc. or a different language, please let me know and we will
provide it if reasonably practicable to do so. If your request is a
question and we do not hold the answer in recorded form we will try and
provide an answer where we are able unless it requires the creation of new
information.

 

There may be a fee payable for this information request and we will send
you a Fees Notice if this is the case. Any fee must be paid before the
request is provided.  The time between the issue of the Fees Notice and
receipt of payment is excluded from the calculation of the 20 working day
time limit.

 

Any personal information you provide in relation to this request will only
be used for the purposes of processing your request for information.

 

If you have any queries or concerns then please contact the Corporate
Information Governance Officer at Portsmouth City Council, Civic Offices,
Guildhall Square, Portsmouth, Hampshire, PO1 2AL, telephone 023 9268 8482,
e-mail [2][email address].

 

Yours sincerely

 

 

Natasha Downer

Corporate Information Governance Officer

 

 

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FOI, Portsmouth City Council

2 Attachments

 

[1]logo_engInformation Governance, Community & Communications Service

Civic Offices, Guildhall Square, Portsmouth, PO1 2AL

Telephone:    023 9268 8482

 

 

Our Ref: FOI2018/1154

 

Dear James  

                                   

INFORMATION REQUEST – FOI2018/1154 - Empty properties

 

Thank you for your request for information received on 6^th August 2018,
which was considered under the Freedom of Information Act 2000. 

 

In accordance with the Act, Portsmouth City Council confirms it holds the
information.

 

YOUR REQUEST:

 

(a) addresses of “long term empty” and “uninhabitable empty properties”
that are not owned by individuals within Portsmouth; and

 

(b) the number of Bedrooms for each the above Properties and

 

(c) the names of the owners of those properties referred to in (a)

 

“Individuals” means natural persons, or the beneficiaries of deceased
individuals, if they are also natural persons.

 

OUR RESPONSE:

 

We are unable to provide details of empty residential properties in
Portsmouth as the information is exempt from disclosure under section
31(1)(a) of the Freedom of Information Act 2000.

 

Disclosure of the addresses and details of empty residential properties in
response to this request would also place the properties at a higher risk
of squatting, burglary and vandalism. The information is therefore exempt
from disclosure under section 31(1)(a) of the Freedom of Information Act
2000. This exemption relates to Law enforcement and is engaged when
disclosure of the information under this Act would, or would be likely to,
prejudice the prevention or detection of crime. This follows a number of
previous tribunal cases related to empty residential property lists
(EA/2011/0007). The tribunal considered that there was adequate evidence
to demonstrate that lists of empty residential properties were being used
by squatters to identify empty properties for the purposes of squatting,
and that the presence of squatters has certain crimes associated with it
(such as criminal damage and electricity theft). Squatting in residential
properties is now a crime in itself under Section 144 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012. Disclosures under the FOI
Act are considered to be to the world at large. If the information were to
be disclosed, details of empty private properties within the area would be
disclosed and could be used by individuals with criminal intent.

 

Section 31 is however a qualified exemption and therefore the Council must
consider the public interest test and whether in all the circumstances of
the case, the public interest in maintaining the exemption outweighs the
public interest in disclosing the information.

 

Public interest in disclosure of the information

There is undoubtedly a public interest in ensuring empty properties in a
neighbourhood do not fall into disrepair or become a safety hazard.  This
is acknowledged by the Council and monitored by its Empty Properties
Officer. We also acknowledge that there is a public interest in overall
accountability and transparency and enabling members of the public to
scrutinise more clearly how their local councils are operating.

 

The public interest in maintaining the exemption

Although there is a strong public interest in bringing empty properties
back into use, the council’s immediate concern is the protection of
property and the wellbeing of existing residents. The likelihood of crime
occurring to individual properties will rise through the disclosure of the
fact that the property is unoccupied and the disclosure will therefore
also raise the concerns of the individual owners.

 

The council has reached the view that the positive public interest in the
disclosure of the information is outweighed by the public interest in
ensuring that criminals are not aided in identifying empty properties in
the area. In accordance with the Freedom of Information Act section 17
this email acts as a Refusal Notice. You may however wish to contact the
Council's Empty Properties Officer on 02392841583 to discuss any other
queries or concerns you may have. 

 

Under the Re- Use of Public Sector Information Regulations 2015 (SI
2015/1415) the supplied information may not be re-used without obtaining
the permission of Portsmouth City Council.

 

We apologise that we have been unable to comply with your request on this
occasion but trust you will appreciate the need for us to take this
approach. You have the right to appeal against this decision or to
complain about our treatment of your request.  If you wish to do so,
please set out in writing your grounds of complaint and send to the
Corporate Information Governance Officer at Portsmouth City Council, Civic
Offices, Guildhall Square, Portsmouth, Hampshire, PO1 2AL, telephone 023
9268 8482, e-mail [2][email address].

Should you be dissatisfied with the outcome of the complaints decision you
may wish to follow the Portsmouth City Council’s Compliments and
Complaints procedure which can be found on the Portsmouth City Council
website or by contacting the Civic Offices.

 

Once these processes have been exhausted you have a further right of
appeal to the Information Commissioner at:

 

Further information is also available from the Information Commissioner
at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 0303 123 1113

[3]https://ico.org.uk

 

Yours sincerely

 

 

Natasha Downer

Corporate Information Governance Officer

 

From: FOI
Sent: 06 August 2018 13:33
To: 'James' <[FOI #506813 email]>
Cc: FOI <[Portsmouth City Council request email]>
Subject: FOI2018/1154 - Empty properties

 

 

[4]logo_engInformation Governance  

Community & Communications  Services

Civic Offices, Guildhall Square, Portsmouth,
PO1 2AL

Telephone:    023 9268 8482

                                               

                                                                       

 

Reference: FOI2018/1154

 

Dear James

 

 

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST ACKNOWLEDGEMENT

 

Thank you for your request for information received on 6^th August 2018.

 

Your request is being considered and, subject to the points made below,
you will receive the information requested as promptly as possible within
the statutory timescale of 20 working days as defined by the Freedom of
Information Act 2000.

 

If we need to obtain more information from you in order to understand what
information you require, we will contact you. If this is the case, the 20
days time limit will not commence until your request has been clarified.

 

The Act defines a number of exemptions that may prevent release of certain
information.  The City Council will consider whether any of these
exemptions apply and, where required by the Act, whether it is in the
public interest to release the information.  If we have to make a public
interest test, the 20 day time limit might be extended. We will inform you
if the time scale has to be extended and if any information is withheld
and of your rights of appeal.

 

The City Council would like to make you aware that disclosure of
information obtained through FOIA is a disclosure into the public domain.

 

The City Council’s standard approach is to provide the information in the
form in which we hold it.  If you require alternative formats, e.g. audio,
large print, etc. or a different language, please let me know and we will
provide it if reasonably practicable to do so. If your request is a
question and we do not hold the answer in recorded form we will try and
provide an answer where we are able unless it requires the creation of new
information.

 

There may be a fee payable for this information request and we will send
you a Fees Notice if this is the case. Any fee must be paid before the
request is provided.  The time between the issue of the Fees Notice and
receipt of payment is excluded from the calculation of the 20 working day
time limit.

 

Any personal information you provide in relation to this request will only
be used for the purposes of processing your request for information.

 

If you have any queries or concerns then please contact the Corporate
Information Governance Officer at Portsmouth City Council, Civic Offices,
Guildhall Square, Portsmouth, Hampshire, PO1 2AL, telephone 023 9268 8482,
e-mail [5][email address].

 

Yours sincerely

 

 

Natasha Downer

Corporate Information Governance Officer

 

 

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