Planning Application to include Pre Application Report
Dear Newham Borough Council,
Re: Planning Application 17/00870/FUL
Rear Of 19 To 29 Shaftesbury Road Forest Gate London E7 8PF
I require all information on the above application to include but not limited to all correspondence by phone, email, post. To include all correspondence, meetings, minutes of meetings, calls etc etc relating to pre application advice, reports, actual submission,post submission etc etc. Basically everything you have on the above application.
Yours faithfully,
Mrs R Patel
REQUESTER REFERENCE: C14669
ENQUIRY REFERENCE: E29123
Please quote your references when contacting the Council.
Dear Sir/Madam,
Freedom of Information Act 2000
Thank you for your request for information received on 29/06/2017. We are
dealing with your request and plan to respond before 27/07/2017.
If you have any queries or concerns, please contact the Information
Governance Team on 020 8430 2000 or email us at:
[email address]
Yours Faithfully
Information Governance Team
Newham Council
Newham Council Publication Scheme is on: www.newham.gov.uk
══════════════════════════════════════════════════════════════════════════
NOTE: This communication is sent for and on behalf of the London Borough
of Newham.
However the views expressed within it are not necessarily the views or
policies of the Council. The unauthorised use, disclosure, copying or
alteration of this communication and any attachments is forbidden. This
communication and any attachments are intended for the addressee only and
may be confidential. If this has come to you in error you should
immediately permanently destroy it.
You should take no action based on it or copy or show it to anyone and
telephone the Council immediately with any issues on 020 8430 2000 or any
other number provided in the communication. Please note that electronic
communication is not considered a secure medium for sending information
and therefore maybe at risk.
We advise that you understand and accept this lack of security when using
this form of communication with us. Although we have taken steps to ensure
that this email and attachments are free from any virus, we advise that in
keeping with good computing practice the recipient should ensure they are
actually virus free and should run current anti-virus software. Please
note that email may be monitored and checked to safeguard the council
network from viruses, hoax messages or abuse of the Council's systems.
Action may be taken against any malicious and deliberate attempts to
infect the council network.
The information contained in this email maybe subject to public disclosure
under the Freedom of Information Act 2000. Unless the information is
legally exempt from disclosure the confidentiality of this email and your
reply cannot be guaranteed.
Dear Mrs Patel,
We attach our response under the disclosure provisions of the Freedom of
Information Act 2000.
If you require any further information please do not hesitate to contact a
member of our team on (020) 8430 2000 or email us at
[1][email address]
Alternatively, if you believe we have not dealt with your request
satisfactorily you may initially complain to us and then to the
Information Commissioner's Office. The Information Commissioner would
expect you to have given the Council the opportunity to deal with your
appeal prior to you contacting them. Please see guidance on the Freedom of
Information Appeals page:
[2]https://www.newham.gov.uk/Pages/Services...
As with other local authorities, the number of enquiries has increased
each year since the introduction of the Freedom of Information
legislation. Therefore, to enable us to deal with your enquiry more
efficiently, we have introduced an online form. We would ask that you
submit all future requests via our online form:
[3]https://achieve.newham.gov.uk/default.as...
In addition, you may find it useful to access the following link, where
you can view our Publication Scheme, a list of previous requests and
responses and/or use our E-Form should you wish to make further requests:
[4]https://www.newham.gov.uk/Pages/ServiceC...
Yours sincerely,
Information Governance
London Borough of Newham
Newham Dockside, 1000 Dockside Road, London E16 2QU
[5][email address]
══════════════════════════════════════════════════════════════════════════
NOTE: This communication is sent for and on behalf of the London Borough
of Newham.
However the views expressed within it are not necessarily the views or
policies of the Council. The unauthorised use, disclosure, copying or
alteration of this communication and any attachments is forbidden. This
communication and any attachments are intended for the addressee only and
may be confidential. If this has come to you in error you should
immediately permanently destroy it.
You should take no action based on it or copy or show it to anyone and
telephone the Council immediately with any issues on 020 8430 2000 or any
other number provided in the communication. Please note that electronic
communication is not considered a secure medium for sending information
and therefore maybe at risk.
We advise that you understand and accept this lack of security when using
this form of communication with us. Although we have taken steps to ensure
that this email and attachments are free from any virus, we advise that in
keeping with good computing practice the recipient should ensure they are
actually virus free and should run current anti-virus software. Please
note that email may be monitored and checked to safeguard the council
network from viruses, hoax messages or abuse of the Council's systems.
Action may be taken against any malicious and deliberate attempts to
infect the council network.
The information contained in this email maybe subject to public disclosure
under the Freedom of Information Act 2000. Unless the information is
legally exempt from disclosure the confidentiality of this email and your
reply cannot be guaranteed.
References
Visible links
1. mailto:[email address]
2. https://www.newham.gov.uk/Pages/Services...
3. https://achieve.newham.gov.uk/default.as...
4. https://www.newham.gov.uk/Pages/ServiceC...
5. mailto:[email address]
Dear Newham Borough Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Newham Borough Council's handling of my FOI request 'Planning Application to include Pre Application Report'.
Firstly I wish to complain that my request was not dealt within the period required under the FOI Act.
Secondly, the information made available online and the refusal to provide the preplanning information is inadequate and completely unaccepatble. As the Local Authority you have a duty to be open transparent and provide probity in your decisionmaking.
It does not include all the information requested and all the information held on file including all correspondence made after submission of the application including but not limited to all email, telephone, letter, meetings etc for the above application. I further do not agree with the Local Authority witholding all the information held on the pre application and advice including the pre application report, meetings, telephone calls, letters any and all correspondence and information held and relating to this application. I do not believe this information is exempted and recent complaints to the Information Commissioners Office relating to Pre Planning Advice information have been upheld. It is in the public interest that the information is supplied in its entirety considering the questionable actions of officers and members in this application and that corruption or maladministration may be at play.
I would further like to bring your attention to the fact that this FOI request for preplanning advice information was made after a formal planning application was made. The advice provided carried material weight in considering that application and is therefore in the public interest and should be disclosed.
The Planning Advisory Service through the Local Government Association has issued Pre Application Planning suite which integrates the expected standard and statutory requirements in pre planning advice and processing of this information. This is a link to this information:
https://www.local.gov.uk/sites/default/f...
The following are extracts from this guidance to Local Authorities:
''Written records
A record should be kept of all pre-application advice:
• to ensure that consistent advice is given and can be taken forward when
an application comes in
• so that there is an agreed record of discussions and any agreements or
commitments given
• for public transparency and
• in case there are complaints later on in the development process.
• This record should be shared with all the participants in the pre-app
process and (except in clearly justified exceptional cases) made public
as soon as possible, if not before an application is made.''
''Confidentiality
LPAs should be clear about their practice in regard to the disclosure of preapplication
discussions and explain this in their service offer.
The Freedom of Information Act 2000 includes a presumption in favour of
disclosure of information, including pre-application discussions, unless such
disclosure would cause adverse impacts ( Regulation 12(5) Environment
Information Regulations 2004). If an applicant has reason for requesting
that the council keep advice confidential they should be permitted to make
a reasoned request to the council prior to the pre-application discussions
taking place. Councils retain discretion in regard to decisions on disclosure
of information in any instance and should review these decisions on a
regular basis.
The LPA will have to reach a decision in each case where a request has
been made, and in doing so will have to balance the interests of furthering
trust with the prospective applicant against the advantage of engaging the
community more widely in discussions. Wherever possible the LPA should
make the decision in collaboration with the developer.
Once an application is submitted the expectation is that the pre-application
advice will come into the public arena."
It is alleged that a member who chaired a meeting to determine this application was known to the owner of the site this information was not disclosed, the site owners details were also attempted to be hidden by providing a wilfully criminal declaration on the application form. It is also alleged that this memeber may have influenced officers and other committee members in the decision making process and the application shows clear discrepancies on the part of officers and their handling of the application. It is clear that the information requested is clearly in the public interest .
Thank you
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/p...
Yours faithfully,
Rashida
Thank you for your email.
The issues you have raised have now been forwarded to the Head of Service and an internal review will be conducted into the handling of your original request. The outcome of this review will be sent to you as soon as it has been completed.
Kind regards
Information Governance Team
London Borough of Newham
Dear Newham Borough Council,
My request for an Internal Review is long overdue and beyond a reasonble time that The Information Commissioner considers accepatable. You have failed to provide any reasons for the delay.
I am therefore going to proceed to making a formal complaint to the Information Commissioner if I do not receive a response in the next 3 working days.
Yours faithfully,
Rashida
Good Afternoon
Thank you for your email.
As previously advised this review has been forwarded to the Head of Service who is still looking into the response previously extended to you.
The FOI Act does not specify a set timeframe for which Internal Reviews should be completed, although it is recommended that it should not exceed 40 working days from request.
Your comments have been noted and forwarded to the Head of Service.
Kind regards
Information Governance
London Borough of Newham
Newham Dockside, 1000 Dockside Road, London E16 2QU
Dear Newham Borough Council,
Thank you for your recent correspondence the contents of which are noted.
I disagree that the recommended time for responding to an internal review is 40 days infact it is 20 days which is considered to be a reasonable period. I refer to the guidance provided by the Information Commisioner. This is extended to 40 days only if there are exceptional reasons to do so which you have none.
The Local Authorities previous failures and ineptitude seem to be compounded now by your failures to provide information and a clear and transparent framework to provide the same. The reasons provided by yourselves to refuse to provide information are clearly laughable and completely rediculous and provide no justification in statute or common sense.
I will now proceed with my complaint to the information commisioner .
Yours faithfully,
Rashida
Dear Mrs Patel
Further to your request for a review, please find attached the Council’s
response.
Information Governance
London Borough of Newham
Newham Dockside, 1000 Dockside Road, London E16 2QU
[1][email address]
From: Lisa Fisher On Behalf Of Information Governance
Sent: 28 July 2017 13:11
To: '[FOI #415103 email]'
Subject: FOI RESPONSE- Information Request, Our Reference No: E29123
Dear Mrs Patel,
We attach our response under the disclosure provisions of the Freedom of
Information Act 2000.
If you require any further information please do not hesitate to contact a
member of our team on (020) 8430 2000 or email us at
[2][email address]
Alternatively, if you believe we have not dealt with your request
satisfactorily you may initially complain to us and then to the
Information Commissioner's Office. The Information Commissioner would
expect you to have given the Council the opportunity to deal with your
appeal prior to you contacting them. Please see guidance on the Freedom of
Information Appeals page:
[3]https://www.newham.gov.uk/Pages/Services...
As with other local authorities, the number of enquiries has increased
each year since the introduction of the Freedom of Information
legislation. Therefore, to enable us to deal with your enquiry more
efficiently, we have introduced an online form. We would ask that you
submit all future requests via our online form:
[4]https://achieve.newham.gov.uk/default.as...
In addition, you may find it useful to access the following link, where
you can view our Publication Scheme, a list of previous requests and
responses and/or use our E-Form should you wish to make further requests:
[5]https://www.newham.gov.uk/Pages/ServiceC...
Yours sincerely,
Information Governance
London Borough of Newham
Newham Dockside, 1000 Dockside Road, London E16 2QU
[6][email address]
══════════════════════════════════════════════════════════════════════════
NOTE: This communication is sent for and on behalf of the London Borough
of Newham.
However the views expressed within it are not necessarily the views or
policies of the Council. The unauthorised use, disclosure, copying or
alteration of this communication and any attachments is forbidden. This
communication and any attachments are intended for the addressee only and
may be confidential. If this has come to you in error you should
immediately permanently destroy it.
You should take no action based on it or copy or show it to anyone and
telephone the Council immediately with any issues on 020 8430 2000 or any
other number provided in the communication. Please note that electronic
communication is not considered a secure medium for sending information
and therefore maybe at risk.
We advise that you understand and accept this lack of security when using
this form of communication with us. Although we have taken steps to ensure
that this email and attachments are free from any virus, we advise that in
keeping with good computing practice the recipient should ensure they are
actually virus free and should run current anti-virus software. Please
note that email may be monitored and checked to safeguard the council
network from viruses, hoax messages or abuse of the Council's systems.
Action may be taken against any malicious and deliberate attempts to
infect the council network.
The information contained in this email maybe subject to public disclosure
under the Freedom of Information Act 2000. Unless the information is
legally exempt from disclosure the confidentiality of this email and your
reply cannot be guaranteed.
References
Visible links
1. mailto:[email address]
2. mailto:[email address]
3. https://www.newham.gov.uk/Pages/Services...
4. https://achieve.newham.gov.uk/default.as...
5. https://www.newham.gov.uk/Pages/ServiceC...
6. mailto:[email address]
Dear Mrs Patel,
Please find attached our letter of response and relevant attachments,
following the referral of your request to the Information Commissioner’s
Office.
Kind regards
Information Governance
London Borough of Newham
Newham Dockside, 1000 Dockside Road, London E16 2QU
Tel : 0208 430 2000
[1][email address]
══════════════════════════════════════════════════════════════════════════
NOTE: This communication is sent for and on behalf of the London Borough
of Newham.
However the views expressed within it are not necessarily the views or
policies of the Council. The unauthorised use, disclosure, copying or
alteration of this communication and any attachments is forbidden. This
communication and any attachments are intended for the addressee only and
may be confidential. If this has come to you in error you should
immediately permanently destroy it.
You should take no action based on it or copy or show it to anyone and
telephone the Council immediately with any issues on 020 8430 2000 or any
other number provided in the communication. Please note that electronic
communication is not considered a secure medium for sending information
and therefore maybe at risk.
We advise that you understand and accept this lack of security when using
this form of communication with us. Although we have taken steps to ensure
that this email and attachments are free from any virus, we advise that in
keeping with good computing practice the recipient should ensure they are
actually virus free and should run current anti-virus software. Please
note that email may be monitored and checked to safeguard the council
network from viruses, hoax messages or abuse of the Council's systems.
Action may be taken against any malicious and deliberate attempts to
infect the council network.
The information contained in this email maybe subject to public disclosure
under the Freedom of Information Act 2000. Unless the information is
legally exempt from disclosure the confidentiality of this email and your
reply cannot be guaranteed.
References
Visible links
1. mailto:[email address]
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