Dear Eden District Council,

ParkingEye Limited – Morrison’s Car Park Penrith

I understand that it was a condition of the planning permission for the above site that a management plan was supposed to have been agreed by the Planning Authority but that this has not taken place. The Planning Authority must have been aware that the shop and car park were operational. Could you please provide copies of any letters to ParkingEye/Morrisons over this breach of planning.

If an enforcement notice has been served can you please confirm that. I do not need a copy of the notice

I also understand that no advertisement consent has been given before the signage was erected. Under regulation 30 of the Town and Country Planning (Control of Advertisements) (England) Regulations that is a criminal offence. Please provide copies of any correspondence with ParkingEye/Morrisons over this breach.

Under the Localism Act 2011 the Council has only six months in which to bring a prosecution. When was the Council first aware of the breach of the advertisement regulations?

I understand that its ANPR cameras do not have the required planning consent. Please confirm that an enforcement notice has been served. I do not require a copy of the notice.

Please provide me with a link to your Council's complaints procedure that deals with allegations of maladministration

Yours faithfully,

Robert Ransome

foi, Eden District Council

Thank you for your FOI request. FOI is covered on a part time basis in
Eden.  An acknowledgement witll be sent to you as soon as possible and we
will endeavor to complete your request within the timescale from the date
of receipt.

 

Freedom of Information

Eden District Council

Town Hall, Penrith, Cumbria, CA11 7QF

 

Email: [1][Eden District Council request email]

Tel 01768 212207

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foi, Eden District Council

Dear Robert

Freedom of Information request relating to Morrison's Car park Penrith

Thank you for your request under the Freedom of Information Act 2000 received on 4 August 2015. I have registered your request under reference number FOI 03339. I would be grateful if you would please use this reference on any future correspondence.

Your request has been forwarded to the relevant department within the Council for consideration however please find the link below to the Council's complaints procedure as requested as well

http://www.eden.gov.uk/have-your-say/com...

The request is subject to any exemption which the Authority is entitled to apply to refuse the request, some of which are absolute and some of which only apply where the public interest in maintaining the exemption outweighs that in disclosing the information.

Once the information has been identified the Authority may also ask that a fee be paid for processing and delivering the information to you. Details of any fee to be charged will be notified to you as soon as possible.

Rosalyn Richardson
Freedom of Information
Eden District Council
Town Hall, Penrith, Cumbria, CA11 7QF

Email: [Eden District Council request email]
Tel 01768 212207

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foi, Eden District Council

1 Attachment

Dear Robert

Further to your recent FOI request about Morrison's Car Park Penrith which was logged under FOI No 03339, please find attached and below the answers to your queries

Please find attached and below the response to FOI request 03339 questions:-

1) Please find attached.
2) No enforcement notice served.
3) Please find attached.
4) 30th June 2014.
5) No notice served.

I understand that it was a condition of the planning permission for the above site that a management plan was supposed to have been agreed by the Planning Authority but that this has not taken place. The Planning Authority must have been aware that the shop and car park were operational.

1. Could you please provide copies of any letters to ParkingEye/Morrisons over this breach of planning.

PLEASE FIND ATTACHED

2. If an enforcement notice has been served can you please confirm that. I do not need a copy of the notice

I also understand that no advertisement consent has been given before the signage was erected. Under regulation 30 of the Town and Country Planning (Control of Advertisements) (England) Regulations that is a criminal offence.

NO ENFORCEMENT NOTICE SERVED

3. Please provide copies of any correspondence with ParkingEye/Morrisons over this breach.

Under the Localism Act 2011 the Council has only six months in which to bring a prosecution.

PLEASE FIND ATTACHED

4. When was the Council first aware of the breach of the advertisement regulations?

I understand that its ANPR cameras do not have the required planning consent.

30 JUNE 2014

5. Please confirm that an enforcement notice has been served. I do not require a copy of the notice.

NO NOTICE SERVED

Please provide me with a link to your Council's complaints procedure that deals with allegations of maladministration

SENT IN EMAIL OF 6 AUGUST 2015 http://www.eden.gov.uk/have-your-say/com...

Regards

Rosalyn Richardson
Freedom of Information
Eden District Council
Town Hall, Penrith, Cumbria, CA11 7QF

Email: [Eden District Council request email]
Tel 01768 212207

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Dear foi,

Many thanks for your response of the 18th August 2015.

It seems to me that the correct approach of the Authority is to reject the management plan for its insufficiency for the various reasons that are now before the planners. To then give consideration to the immediate service an enforcement notice requiring a more appropriate and detailed plan. With that notice there should be a stop notice to require the cessation of use of the store and car park until an approved plan is in place as required by condition 5 of the original planning consent.
Can the Authority confirm that a report has been prepared for the Planning Committee in this regard and supply a copy or http link

Yours sincerely,

Robert Ransome

foi, Eden District Council

Dear Robert thank you for your further query - I will need to make enquiries of Planning Officers and will get back to you as soon as possible

Rosalyn Richardson
Freedom of Information
Eden District Council
Town Hall, Penrith, Cumbria, CA11 7QF

Email: [Eden District Council request email]
Tel 01768 212207

show quoted sections

Dear foi,

Further to your reply of the 18th August could I draw your attention to the following
http://www.cwherald.com/a/archive/free-p...

It seems clear from this that the Planning Authority was aware of the issues at Morrisons certainly since 2011 and not the 30th June 2014 as your response indicates. Please now provide me with the correct date when the Council was first aware of the breach of the advertisement regulations?

I requested that you provide "copies of any letters to ParkingEye/Morrisons over this breach of planning". A breach of planning relating to the parking regime at Morrisons not only concerns Condition 5 on planning consent 10/178 but also the s52 agreement of the 30th July 1986. You forwarded to me correspondence from 2015. Was there nothing in 2011 or earlier? if there was then can you please provide it.

There is an appearance here that the Council has deliberately committed a breach of the Freedom of Information Act or Environmental Information Regulations. For example section 77 states that it is a criminal offence to alter, block, destroy or conceal information. Regulation 19 of the Environmental Information Regulations mirrors section 77 of the Act, so the same criminal offences are included in those Regulations. Please advise of the Council policy for dealing with breaches of the relevant legislation.

Yours sincerely,

Robert Ransome

foi, Eden District Council

Dear Robert

Thank you for this recent email in relation to FOI No 03339, I did provide you with all the information that was provided to me by the planning Department, however I will go back to them again to see what other information they have in order to forward you additional material should we have it. As soon as I can I will get back in touch with you

Rosalyn Richardson
Freedom of Information
Eden District Council
Town Hall, Penrith, Cumbria, CA11 7QF

Email: [Eden District Council request email]
Tel 01768 212207

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foi, Eden District Council

Sorry Robert I forgot to provide you with a link to our complaints procedure as requested. http://www.eden.gov.uk/have-your-say/com...

Rosalyn Richardson
Freedom of Information
Eden District Council
Town Hall, Penrith, Cumbria, CA11 7QF

Email: [Eden District Council request email]
Tel 01768 212207

show quoted sections

foi, Eden District Council

Dear Robert

 

May I apologise for the delay in getting back to you with regard to your
further query below regarding your FOI which was logged under FOI No
03339.  I have spoken to our Planning Officers again and have been advised
that the planning application was withdrawn on 26 August 2015.  It is
anticipated that a further application will be submitted in due course
which will be clearer and better able to address the areas of concern. 
Planning application are included on our register which can be found at
the following link on our website
[1]http://eforms.eden.gov.uk/fastweb/welcom...

 

Regards

 

Rosalyn Richardson

Freedom of Information

Eden District Council

Town Hall, Penrith, Cumbria, CA11 7QF

 

Email: [2][Eden District Council request email]

Tel 01768 212207

 

Dear Ros, the application was withdrawn on 26.08.15.  and it is
anticipated that a further application will be submitted in due course,
which will be clearer and better able to address the issues of concern.

 

Regards

 

 

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Dear foi,

Thank you for your reply. There had to be some action on the part of the applicant to withdraw the application. That is usually a formal letter. There has been no denial or confirmation that any such letter exists such that the Council has, once again failed to comply with the law.

Can you please get back to Mrs Richardson and ask that she does as my requests asks.

If it is the case that the Council is unwilling to comply with the law in this regard then clearly I will need to submit a formal complaint with a view, if necessary, to go to the ICO. I would hope that it would not come to that and that Mrs Richardson simply does not appreciate the issues here

I requested copies of correspondence relating to the withdrawal and not confirmatio nthat it had been withdrawn. It's not that difficult is it?

Best of luck in your endeavours with your colleague

Yours sincerely,

Robert Ransome

foi, Eden District Council

Dear Robert

I am Mrs Richardson and have to liaise with officers throughout the authority in order to respond to an FOI - I can only reply with what they tell me they have or with what they give me - I shall go back and ask if it was withdrawn by email of letter and request a copy to forward to you. I assure you that I do appreciate the issues and do all that I can in order to respond as fully as I am able to FOI requests.

Rosalyn Ricahrdson
Freedom of Information
Eden District Council
Town Hall, Penrith, Cumbria, CA11 7QF

Email: [Eden District Council request email]
Tel 01768 212207

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Dear foi,

20 working day have now elapsed since the date of my request. That request asked for copies of all correspondence relating to the breach of planning (Car Park Management Plan which has been ongoing since 2010). That would include everything up to the withdrawl of the application for approval of the car park management plan. I also sought correspondence over the breach of the advertisement regulations. As the Council was involved in discussion with Morrisons in 2011 over its car park signage I assume that there is further correspondence other than the 2015 correspondence that has been provided.

I also asked for the date when the Council first became aware of the breach of the advertisement regulations and you provided the 30th June 2014.

Assuming that there is further correspondence then, as no exemption has been cited, and the Environmental information Regulations include a preseumption in favour of disclosure I expect that you will

1. now confirm or otherwsie that there is further correspondence, and
2. where there is, provide it forthwith.

Yours sincerely,

Robert Ransome

foi, Eden District Council

Dear Robert

Thank you for this reminder. A response to your original FOI was sent to you via email on 1 September with another on 2 September providing the information that our officers provided to me. Following your query of that response I have gone back to our officers and asked them to review what they sent me and send any additional information as a matter of urgency in order that we can give a fuller response. Unfortunately, in with other work this can take some time however I am assured that they are looking into it and will get back to me as a matter of urgency. I will then, of course, pass the information direct to yourself.

Regards

Rosalyn Richardson
Freedom of Information
Eden District Council
Town Hall, Penrith, Cumbria, CA11 7QF

Email: [Eden District Council request email]
Tel 01768 212207

show quoted sections

Dear foi,

I appreciate the difficulties when you need to rely on others. However, the obligation to comply with the time constraints falls upon the whole of the Council and the Council needs to have so organised itself that it can comply with the law. I will wait until Monday and if there is no response then the formal complaint protocol will need to be invoked. I would hope that that will not be necessary.

Yours sincerely,

Robert Ransome

John Greenbank, Eden District Council

1 Attachment

Dear Mr Ransome,

 

As per your Freedom of Information request, no. 03339, Please find
attached a copy of the correspondence informing the Planning department of
Morrison’s withdrawal of its planning application regarding the car park.

 

Best Regards

 

John

 

Eden District Council

 

John Greenbank

Members Services Officer

 

Tel: 01768 21 22 75

Email: [1][email address]

 

[2][email address]

[3][email address]

[4][Eden District Council request email]

 

Eden District Council

Town Hall

Penrith

CA11 7QF

 

Tel: 01768 817817

 

[5]www.eden.gov.uk

 

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References

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2. mailto:[email address]
3. mailto:[email address]
4. mailto:[Eden District Council request email]
5. http://www.eden.gov.uk/

Dear John Greenbank,

Many thanks for your reply to my FOI. There remains outstanding a number of issues

1. Correspondence about the breach of planning condition 5 only arose from January 2014, according to what has been produced thus far. I find this quite staggering if correct. For the sake of clarity could you please confirm that the Council took no action over that breach from 2010 through to 2014 and that there is therefoire no other correspondence that should have been revealed.

2. Correspondence over the breach of advertisement control indicates that action was only taken from 2015. Yet we know that the Council engaged with Morrisons over its signage in 2011 when it sought to have only its customers using the car park. The signage at that time was a breach of advertisement control. For the sake of clarity could you please confirm that there was no other correspondence that should have been revealed.

3. There was a telephone conversation between a planning officer and the agent for Morrisons which resulted in the application for approval of the car park management plan being withdrawn. A Planning Officer has said (26th August ) that the application will be submitted within the next two/three weeks. The letter from Morrisons Agent has given no indication of a timescale for re-submitting the application other than "in the near future". Thus no indication has been given that any application will be submitted in time for an agenda item to be prepared for the September Planning Committee. Is there any documentation within the Council (and which should, of course, have been disclosed by now) that indicates the 2/3 weeks timescale? (NOTE time is getting close to when the planning consent 10/0178 will expire if the matter is not considered by the September Committee)

4. There was a telephone conversation between a planning officer and the agent for Morrisons which resulted in the application for approval of the car park management plan being withdrawn. In view of the fact that this is a potentially sensitive issue, linked to the criminal conduct involved over the breach of advertisement consent, I would expect the officer to have made a written note of that telephone conversation. If so then that should have been disclosed under this FOI. For the sake of clarity could you please confirm that there was or was not any such note made and if there was please produce the same.

Yours sincerely,

Robert Ransome

John Greenbank, Eden District Council

Dear Mr Ransome,

I can acknowledge receipt of your email indicating issues you believe to be outstanding, Rosalyn Richardson is our main FoI officer and I will forward this information on to her. We will do our best to get back to you with the relevant information as soon as we are able.

Best Regards

John

Eden District Council

John Greenbank
Members Services Officer

Tel: 01768 21 22 75
Email: [email address]

[email address]
[email address]
[Eden District Council request email]

Eden District Council
Town Hall
Penrith
CA11 7QF

Tel: 01768 817817

www.eden.gov.uk

show quoted sections

Dear John Greenbank,

Many thanks

Yours sincerely,

Robert Ransome

Dear Eden District Council,

Dear foi,

As a matter of Public Interest I have pasted below part of a
complaint to the Eden District Council relating to its handling of
a number of Information requests. In addition to the request in
this thread now suffering a contravention of the relevant law there
are other similar difficulties. There is an appearance here of the Council wishing to avoid disclosure of its failure to ensure that planning matters have been properly dealt with.

"Requests for Information improperly dealt with

I will now move to the issues involved in this complaint and that
is that the Council has failed to comply with its statutory
obligations and its own policies. The complaint concerns two facets
1. Statutory compliance, and
2. Breach of Policy

Each of which can amount to maladministration as well as,
potentially, a crime.

Requests for information under the Environmental Information
Regulations 2004

The first obligation on the Council is to respond promptly to
requests. The second obligation is to reply by the specified long
stop date and which is 20 working days after the request has been
made. Guidance issued by the ICO indicates that the requirement to
respond 'promptly' and the requirement to respond no later than 20
working days are to be considered as separate obligations.

I have set out below requests that have been submitted under the
statutory regime. They concern breaches of planning control and a
parking enforcement regime that is operating in breach of a
planning condition and as such are matters of public interest.
Hence the request was posted on a public forum so that others can
benefit from the disclosure of the requested information. Public
bodies need to be held to account and if a failure in their conduct
is detrimental to the public then that information, in my view,
should be in the public domain

https://www.whatdotheyknow.com/request/m...
submitted on the 21st August 2015, and for which there should have
a reply by the 21st September 2015 – No reply provided – Breach of
the Regulations

https://www.whatdotheyknow.com/request/s...
Submitted on the 3rd September 2015, and to which the long stop
date for a reply is the 1st October. The Council’s FOI Officer had
the relevant information on the 8th September 2015. A failure to
send it then (promptly) is a breach of the Regulations. Further
there is an appearance that the Council is seeking to provide far
greater information than has been requested in a file format that
cannot be delivered to the email address provided for a response
due to its size. Alternative arrangements have been suggested by
the complainant but which have been rejected by the Council.

https://www.whatdotheyknow.com/request/m...
This was submitted on the 4th August 2015, and should have been
responded to by the 3rd September 2015. The request concerned
breaches of Planning Control by Morrisons/ParkingEye at the car
park at Morrisons Supermarket in Penrith. A partial response was
provided within the statutory timeframe that included confirmation
that the first that the Council knew of the breach of planning
control was on the 30th June 2014. However press reports indicate
that the Council was aware of issues at this car park back in 2011.
Further my request was for "copies of any letters to
ParkingEye/Morrisons over this breach of planning". A breach of
planning relating to the parking regime at Morrisons not only
concerns the unlawful erection of signage and ANPR cameras, but
also a breach of Condition 5 on planning consent 10/178 and also
the s52 agreement of the 30th July 1986. I received correspondence
from 2015 only. I enquired as to any earlier correspondence as this
breach had been ongoing since 2010. This suggests that the response
to my information request may not have been accurate. I still await
a response to these aspects of my request. Breach of the
Regulations

Requests for information under the Freedom of Information Act 2000
[This is the request i nthis thread]

https://www.whatdotheyknow.com/request/b...
This involves a request for information as to whether the Council
complied with its duty to notify the valuation office of any
changes that may be required to a rating or valuation list in
connection with the car park at Morrisons Supermarket as a result
of its development (erection of ANPR Cameras and signage). This
request was submitted on the 2nd September and a response is
required by the 1st October 2015. A partial reply has been received
but this part of the request was not included in the Council’s
response. It appears to have been overlooked. Thus the request has
not been dealt with promptly. Breach of the Act

Offence

Section 77 of the Freedom of Information Act indicates that it is a
criminal offence to alter, block, destroy or conceal information.
Regulation 19 of the Environmental Information Regulations mirrors
section 77 of the Freedom of Information Act.

Obligation
No exclusions have been cited in connection with the above requests
such that the information should now be provided without delay.

Complaint/Representation
In relation to the infringements of the Freedom of Information Act
these matters should be dealt with as a complaint and, under the
Environmental Information Regulations this should be regarded as
representations under s11 of the Environmental Information
Regulations.

Yours sincerely,

Robert Ransome

Rosalyn Richardson, Eden District Council

Dear Robert

I have met with Legal Officers with regard to your outstanding questions relating to FOI Nos 03330 and 03393. Please ensure that these numbers are quoted on any future correspondence. Having considered Qs1, 2 and below, I have been asked to advise you that you have been provided with all the correspondence and information requested in your FOI.

In relation to Q4, the planning file relating to planning application 10/0178 is available for public inspection at the Council's Offices at Mansion House Penrith and contains all the correspondence in the application. Anyone can request to view the files by telephoning 01768 817817 to make an appointment.

Regards

Rosalyn Richardson
Freedom of information
Eden District Council
Town Hall
Penrith
Cumbria
CA11 7QF

Tel: 01768 212207
Email: [Eden District Council request email]

show quoted sections

Dear Rosalyn Richardson,
FOI Nos 03330 and 03393.

Many thanks for your response this morning. My question 4 reads

4. There was a telephone conversation between a planning officer
and the agent for Morrisons which resulted in the application for
approval of the car park management plan being withdrawn. In view
of the fact that this is a potentially sensitive issue, linked to
the criminal conduct involved over the breach of advertisement
consent, I would expect the officer to have made a written note of
that telephone conversation. If so then that should have been
disclosed under this FOI. For the sake of clarity could you please
confirm that there was or was not any such note made and if there
was please produce the same.

Your response
In relation to Q4, the planning file relating to planning application 10/0178 is available for public inspection at the Council's Offices at Mansion House Penrith and contains all the correspondence in the application. Anyone can request to view the files by telephoning 01768 817817 to make an appointment

I am afraid that it is not possible to provide this response under the Environmental information Regulations and as my enquiry concerned the use of land those regulations apply.
The guidance at https://ico.org.uk/media/for-organisatio... helpfully explains that
"A public authority might want to consider the section 21 exemption (information accessible to the applicant by other means) under FOIA. See our guidance on section 21 for more information. However, note that this exemption will not always apply, and there is no equivalent EIR exception."

So you need to confirm that any such note exists or that it does not. If it does then a copy needs to be provided. I look forward to hearing from you in due course.

Yours sincerely,

Robert Ransome

foi, Eden District Council

I have spoken to our Planning Officers who advise me that there is no record or other note on file between the applicant/agent or the planning officer relating to the subsequent withdrawal of the application.

Regards

Rosalyn Richardson
Freedom of information
Eden District Council
Town Hall
Penrith
Cumbria
CA11 7QF

Tel: 01768 212207
Email: [Eden District Council request email]

show quoted sections

Dear foi,

Thanks

Yours sincerely,

Robert Ransome

foi, Eden District Council

Thank you for your FOI request. FOI is covered on a part time basis in
Eden.  An acknowledgement will be sent to you as soon as possible and we
will endeavor to complete your request within the timescale from the date
of receipt.

 

Freedom of Information

Eden District Council

Town Hall, Penrith, Cumbria, CA11 7QF

 

Email: [1][Eden District Council request email]

Tel 01768 212207

show quoted sections

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