Nantwich West Traffic: Documents not disclosed by CEC in planning application 18/0319N.

Cheshire East Council did not have the information requested.

Dear Cheshire East Council,

In accordance with the Freedom of Information Act 2000 and the Environmental Information Regulations 2004, I request the following documents with reference to planning application 18/0319N.
1. A copy of the assessment(s) for Public Protection & Health, Air Quality and Contaminated Land. I understand this has been completed by CE Environmental Protection Officers.
2. A copy of the independent audit(s) of the planning application carried out by an independent Cheshire East Officer to comply with the legal requirements when the applicant and Authority are the same body. CE Highways have told me this is already complete.

Yours faithfully,

David Fletcher

CCR FOI Investigation Team, Cheshire East Council

Date: 9 March 2018
Our Reference: 2482433
Dear Mr Fletcher
Environmental Information Regulations 2004
Thank you for your request regarding Documents not disclosed by CEC in
planning application 18/0319N.
Your request has been identified as falling within the scope
of Environmental Information Regulations 2004 and as such is exempt from
the Freedom of Information Act 2000, under Section 39 of the Act.

As when responding to an FOI request, we will send you a full response
within 20 working days, either supplying you with the information you
require, or explaining to you why we cannot supply it. However, under the
EIR Act, the provision exists to extend the response time to 40 working
days, if the request is felt to be particularly complex or voluminous.
Should this be the case, we will of course notify you in good time. 

The due date is 10 April 2018.
If we need any further clarification or there is a problem, we will be in

In the meantime if you wish to discuss this further please contact me. It
would be helpful if you could quote the reference number quoted above.
Yours sincerely
Kate Tomlinson
Compliance and Customer Relations Assistant
Cheshire East Council
NOTE: Please do not edit the subject line when replying to this email.

Emma Williams, Cheshire East Council

1 Attachment

Date: 13 March 2018
Our Reference: 2482433
Dear Mr Fletcher
Thank you for your request for information received on 9 March 2018.
Please find attached our response to your request.
Yours sincerely
Emma Williams
Principal Planning Officer
Cheshire East Council
NOTE: Please do not edit the subject line when replying to this email.

Dear Emma Williams,
Thank you for the prompt response. I note the first answer.
With respect to the second, your assumption is not correct. At this time I am not looking for the Planning Officers report for the application.
For this application, the applicant and the authority is the same body. I understand that because of the potentail for conflict of interest the law requires an independant review of the application. Mr Paul Hurdus of Highways told me days ago that this report was complete. It is this report that i am looking for.
Yours sincerely,

David Fletcher

WILLIAMS, Emma (Principal Planning Officer), Cheshire East Council

Dear Mr Fletcher

Thank you for your email. With respect to the second question, I am not aware of any requirement in law for an independent review of an application where the Local Authority is the applicant. The Town & Country Planning General Regulations 1992 makes provision for a Local Authority to apply to itself for planning permission where it has an interest in the land in question. I have spoken to Paul Hurdus regarding this matter and it is his understanding that the report you are referring to is the Nantwich West traffic Study which is available on our website via the following link:

I trust this clarifies matters.


Emma Williams

show quoted sections

Dear WILLIAMS, Emma (Principal Planning Officer),
Thank you for your response in respect of the second item.
I see now from other correspondence that Mr Hurdus has withdrawn his reference to an audit report, and from your own comment it is now apparent that no such report exists.
My own hand written record made in the meeting between Mr Hurdus and residents does not concur with Mr Hurdus's recollection.
I regard this enquiry as complete and thank you again.
Yours sincerely,
David Fletcher

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