Planning Department

The request was partially successful.

Beverley Morris

Dear Harrogate Borough Council,

12th May 2014

Reference: 10/00459/FUL | Installation of Archimedean screw and erection of replacement building to form hydroelectric plant (Revised Scheme). | Mill House Mickley Ripon North Yorkshire

I write from Topcliffe, Thirsk and request copies of the following under the FOI Act 2000.

Documents held by the Authority relating to planning and planning enforcement action for Mickley Hydro Ltd trading as a hydroelectric plant producing electricity in the village of Mickley, Nr Ripon.

Copies of documents sent by planning and planning enforcement to any owners, directors, leaseholders, occupiers and contractors using or connected with the site.

In addition to any and all general documents, we seek copies of the reports by officers visiting the site, photographs taken and meetings held on site during the past 3 years.

Copy of planning conditions recommended at point of granting planning permission and documents reporting any breaches of planning by Mickley Hydro Ltd including noise pollution and any failure to control flow of water.

Copies of Noise Abatement documents and emails to and from Harrogate Borough Council, Mickley Hydro Ltd or their directors and residents of Mickley Village.

Copies of documents between Harrogate Borough Council, the Environment Agency and Mickley Hydro Ld or their directors with regard to water control restrictions.

Copies of documentation that report on the findings of the Ombudsman investigation, in relation to Harrogate Borough Councils handling and control of the project to comply with it’s own condition of planning.

We are happy to receive these documents in electronic format or hard copy.

Thanking you in anticipation of your response.

Yours faithfully,

Beverley Morris

David Clothier, Harrogate Borough Council

2 Attachments

Dear Ms Morris,

 

Thank you for your email received by the Council on 12^th May 2014
requesting information under the Freedom of Information Act 2000:

 

‘Documents held by the Authority relating to planning and planning
enforcement action for Mickley Hydro Ltd trading as a hydroelectric plant
producing electricity in the village of Mickley, Nr Ripon.

 

Copies of documents sent by planning and planning enforcement to any
owners, directors, leaseholders, occupiers and contractors using or
connected with the site.

 

In addition to any and all general documents, we seek copies of the
reports by officers visiting the site, photographs taken and meetings held
on site during the past 3 years.

 

Copy of planning conditions recommended at point of granting planning
permission and documents reporting any breaches of planning by Mickley
Hydro Ltd including noise pollution and any failure to control flow of
water.

 

Copies of Noise Abatement documents and emails to and from Harrogate
Borough Council, Mickley Hydro Ltd or their directors and residents of
Mickley Village.

 

Copies of documents between Harrogate Borough Council, the Environment
Agency and Mickley Hydro Ld or their directors with regard to water
control restrictions.

               

Copies of documentation that report on the findings of the Ombudsman
investigation, in relation to Harrogate Borough Councils handling and
control of the project to comply with it’s own condition of planning.

.’

 

Under the provisions of Section 1 of the Freedom of Information Act the
Council has two distinct but related duties in connection with your
request. The first being to confirm or deny the existence of the
information and the second being to provide it unless the information is
covered by one of the exemptions or is one where in order to provide it
the ‘appropriate limit’ is exceeded (section 12). The appropriate limit
for Local Authorities is currently set at £450.

 

In this case I can confirm that the information does exist, the planning
application itself can be found on our online Planning application
register – ‘Public Access’ at:

 

[1]http://www.harrogate.gov.uk/plan/Pages/N...
- use the Public Access link and then input the reference number above
into the Search field.

 

Further information about the planning appeal can be accessed at:

 

[2]http://www.pcs.planningportal.gov.uk/pcs... - using
reference 2145153

 

Please also find attached the following documentation:

 

o Public Protection Abatement Notice
o Ombudsman’s decision regarding complaint against Harrogate Borough
Council

 

The Council does hold further information which is not contained on public
registers, however the ‘appropriate limit’ referred to in the Freedom of
Information and Data Protection (Appropriate Limit and Fees) Regulations
2004 would be exceeded in order to make the information available. In such
circumstances the Council can either decide to provide the information and
charge for it or refuse to supply it. In the circumstances the Council are
not willing or indeed able to commit officer time to such a request and
therefore the information will not be provided.

 

We hope you are happy with our service.  But if you are not satisfied with
the way your request has been handled, please contact -  

 

Freedom of Information Officer

Council Offices, Crescent Gardens, Harrogate, HG1 2SG  

 

or email [3][Harrogate Borough Council request email]

 

The Council has an internal appeal system.  If your complaint is about the
decision which has been made you will usually be entitled to have your
case reviewed by an officer from a department which has not been involved
in the decision previously.   

 

If, after their decision, you are still not happy, you may appeal to-  

 

The Information Commissioner

Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF

Tel: 01625 545745

Fax: 01625 524510

e-mail: [4][email address]

website: [5]www.informationcommissioner.gov.uk

Yours faithfully

 

Under the provisions of Section 1 of the Freedom of Information Act the
Council has two distinct but related duties in connection with your
request. The first being to confirm or deny the existence of the
information and the second being to provide it unless the information is
covered by one of the exemptions or is one where in order to provide it
the ‘appropriate limit’ is exceeded (section 12). The appropriate limit
for Local Authorities is currently set at £450.

 

In this case I can confirm that the information does exist, the planning
application itself can be found on our online Planning application
register – ‘Public Access’ at:

 

[6]http://www.harrogate.gov.uk/plan/Pages/N...
- use the Public Access link and then input the reference number above
into the Search field.

 

Further information about the planning appeal can be accessed at:

 

[7]http://www.pcs.planningportal.gov.uk/pcs... - using
reference 2145153

 

Please also find attached the following documentation:

 

o Public Protection Abatement Notice
o Ombudsman’s decision regarding complaint against Harrogate Borough
Council

 

The Council does hold further information which is not contained on public
registers, however the ‘appropriate limit’ referred to in the Freedom of
Information and Data Protection (Appropriate Limit and Fees) Regulations
2004 would be exceeded in order to make the information available. In such
circumstances the Council can either decide to provide the information and
charge for it or refuse to supply it. In the circumstances the Council are
not willing or indeed able to commit officer time to such a request and
therefore the information will not be provided.

 

We hope you are happy with our service.  But if you are not satisfied with
the way your request has been handled, please contact -  

 

Freedom of Information Officer

Council Offices, Crescent Gardens, Harrogate, HG1 2SG  

 

or email [8][Harrogate Borough Council request email]

 

The Council has an internal appeal system.  If your complaint is about the
decision which has been made you will usually be entitled to have your
case reviewed by an officer from a department which has not been involved
in the decision previously.   

 

If, after their decision, you are still not happy, you may appeal to-  

 

The Information Commissioner

Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF

Tel: 01625 545745

Fax: 01625 524510

e-mail: [9][email address]

website: [10]www.informationcommissioner.gov.uk

Yours faithfully

 

 

David Clothier

Information & Systems Manager

Planning & Development Service

Harrogate Borough Council

Knapping Mount  West Grove Road

HARROGATE

HG1 2AE

Email – [11][email address]

Web – [12]www.harrogate.gov.uk

Tel – 01423 500600 ext.56554

 

 

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