Planning enforcement actions 2020

The request was successful.

Dear Sutton Borough Council,

Please provide:

1. A list of planning contravention notices (including the reference number and address) issued from 01/01/2020 to date.

2. A list of planning enforcement notices (including the reference number and address) issued from 01/01/2020 to date.

3. A copy of each report relevant to the notices issued within (2)

Yours faithfully,

Steve Smith

Sutton Customer Care Team, Sutton Borough Council

1 Attachment

Reference: FOI-183391926
Date of request: 13/03/2020
Title of request: Planning enforcement actions 2020

Dear Steve Smith,

Thank you for your information request.

Your request is being considered and, if it is held, you will receive the
information requested within the statutory timescale of 20 working days as
defined by the Freedom of Information Act 2000, subject to the information
not being exempt or containing a reference to a third party.

If appropriate, the information may be provided in paper copy, normal font
size. If you require alternative formats, e.g. language, audio, large
print, etc. then please let us know. We normally provide the information
via email unless you tell us otherwise.

For your information, the Act defines a number of exemptions which may
prevent release of the information you have requested. There will be an
assessment and if any of the exemption categories apply then the
information will not be released. You will be informed if this is the
case, including your rights of appeal.

If the information you request contains reference to a third party then
they may be consulted prior to a decision being taken on whether or not to
release the information to you. You will be informed if this is the case.

Please be advised that in line with London Borough of Sutton's commitment
to transparency, in due course an anonymous copy of your request and our
response may be published on our website.

Yours sincerely,

Customer Care Team

Disclaimers apply, for full details see : 
(https://www.sutton.gov.uk/info/200436/cu...)

Sutton Customer Care Team, Sutton Borough Council

1 Attachment

Dear Steve Smith,

Reference: FOI-183391926
Date of request: 13/03/2020
Title of request: Planning enforcement actions 2020
Request details:
Dear Sutton Borough Council,

Please provide:

1. A list of planning contravention notices (including the reference
number and address) issued from 01/01/2020 to date.

2. A list of planning enforcement notices (including the reference number
and address) issued from 01/01/2020 to date.

3. A copy of each report relevant to the notices issued within (2)

Yours faithfully,

Steve Smith

Thank you for your information request. We have processed this request
under the Freedom of Information Act 2000/ Environmental Information
Regulations 2004.

You have asked about:
1. A list of planning contravention notices (including the reference
number and address) issued from 01/01/2020 to date.

2. A list of planning enforcement notices (including the reference number
and address) issued from 01/01/2020 to date.

3. A copy of each report relevant to the notices issued within (2) 

1. PCN's or Planning Contravention Notices are not for public record and
will often contain sensitive information. Service of a planning
contravention notice does not constitute "taking enforcement action" as
defined in section 171A(2) of the 1990 Act. Therefore there is no
requirement to enter a planning contravention notice on the LPA's register
of enforcement notices, stop notices and breach of condition notices. The
notice is not a legal charge on the land. 
2. These are all searchable on the
register. [1]https://planningregister.sutton.gov.uk/o...
under notice issued or notice served (as we always issue and serve on the
same day) They can search by date etc. if so inclined
- However I know that we have issued and served 4x notices so far this
year (since 01/01/2020);
EC2019/0329
EC2019/0278
EC2019/0345
EC2019/0346
 
3. Planning enforcement reports are not made public unless used as
evidence in an appeal or in legal action against an offender. The reason
for taking enforcement action is described within the notice itself which
is publicly available using the above register. 
I understand that enforcement investigations are exempt from FOI requests
under regulation 13 (1)

Further information

If you are interested in the data that the council holds, we recommend
that you take a look at Sutton Council’s Open data initiative. We now have
a wide range of data about the borough available for public use all
available in one place: https://open.Sutton.gov.uk/

Right to Review

If you are dissatisfied with the way in which your information request has
been dealt with you can request an internal review. Tell us why you are
unhappy with our response within 40 working days, and it will be looked at
afresh. We will aim to provide you with our review response within 20
working days.

If you remain dissatisfied with the outcome of the review you have a
further right to appeal to the Information Commissioner, who regulates the
implementation of the Freedom of Information Act 2000 and Environmental
Information Regulations 2004. The Commissioner can be contacted at the
following address:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Enquiry line: 0303 123 1113

Yours sincerely,

Customer Care Team

Disclaimers apply, for full details see : 
(https://www.sutton.gov.uk/info/200436/cu...)

References

Visible links
1. https://planningregister.sutton.gov.uk/o...

Dear Sutton Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Sutton Borough Council's handling of my FOI request 'Planning enforcement actions 2020'.

IN response to (1) of my original request, Please provide the total number of PCNs issued - i do not require reference numbers or other personal details.

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,

Steve Smith

LBS FOI, Sutton Borough Council

Update:

Please be aware our ability to progress cases may be limited due to the
current situation, we may not be able to stay within our usual timelines
but will respond when we are able to. Local Authorities will naturally be
prioritising their resources to ensure essential services are delivered.

We recognise the rapidly evolving situation is causing uncertainty and we
appreciate your support and understanding at this challenging time as we
endeavour to maintain services while protecting our staff and customers.

If you are making a Freedom of Information (FOI) request you are now able
to request via our [1]website

Subject Access Requests (SAR) can also be made through our [2]website 

Kind Regards 

Customer Service Team

The Royal Borough of Kingston 

London Borough of Sutton 

Disclaimers apply, for full details see : 
(https://www.sutton.gov.uk/info/200436/cu...)

References

Visible links
1. https://www.sutton.gov.uk/info/200436/cu...
2. https://www.sutton.gov.uk/info/200436/cu...

LBS FOI, Sutton Borough Council

1 Attachment

Dear Mr Smith, 
I acknowledge your request for a review into the handling of your request
for information under our ref FOI-183391926

The Customer Care and Improvement team will arrange for a review of our
handling of your original request. We aim to complete this review within
20 working days from the date of your email below. This is in accordance
with the council's complaints procedure, and in line with ICO guidance. If
you remain unhappy following the outcome of the appeal you may then refer
to the Office of the Information Commissioner. 

If you have any queries or concerns then please contact the Customer Care,
London Borough of Sutton, Civic Offices, St Nicholas Way, Sutton SM1 1EA
or email [1][email address]

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
[2]www.ico.org.uk
Yours Sincerely,
Abbas Mohammed
Customer Experience Lead

Customer Services
Civic Offices
St. Nicholas Way, Sutton SM1 1EA

T: 020 8770 5736

Royal Borough of Kingston upon Thames

[3]www.kingston.gov.uk

Follow us on twitter [4]@ContactKingston

London Borough of Sutton

[5]www.sutton.gov.uk

Follow us on [6]LinkedIn | [7]Twitter | [8]Facebook

The information contained in this message is confidential. It is intended
solely for the use of the individual or entity to whom it is addressed and
others authorised to receive it. If the reader of this message is not the
intended recipient, you are hereby notified that any use, copying,
dissemination or disclosure of this information is strictly prohibited.

show quoted sections

Development Management, Sutton Borough Council

REQUEST: "IN response to (1) of my original request, Please provide the
total number of PCNs issued - i do not require reference numbers or other
personal details."
RESPONSE:

Dear Mr Steve Smith,
Thank you for your information request. We have processed this request
under the Freedom of Information Act 2000, as it does not meet the
requirement for a FOI review because it does not relate to the councils
original response and is instead a new FOI request question.

You Asked:

- Please provide the total number of PCNs issued - I do not require
reference numbers or other personal details.

Our response:
 - Sutton LPA has issued 1x Planning contravention Notice from
01/01/2020 to date (15/05/2020)

You originally asked -
1. A list of planning contravention notices (including the reference
number and address) issued from 01/01/2020 to date.
2. A list of planning enforcement notices (including the reference
number and address) issued from
01/01/2020 to date.
3. A copy of each report relevant to the notices issued within (2)
Our response -
1. PCN's or Planning Contravention Notices are not for public record and
will often contain sensitive information. Service
of a planning contravention notice does not constitute "taking
enforcement action" as defined in section 171A(2) of the
1990 Act. Therefore there is no requirement to enter a planning
contravention notice on the LPA's register of enforcement
notices, stop notices and breach of condition notices. The notice is not
a legal charge on the land.
2. These are all searchable on the
register. [1]https://planningregister.sutton.gov.uk/o...
action=refine Either under notice issued or notice served (as we always
issue and serve on the same day) They can
search by date etc. if so inclined
- However I know that we have issued and served 4x notices so far this
year (since 01/01/2020);
EC2019/0329
EC2019/0278
EC2019/0345
EC2019/0346
3. Planning enforcement reports are not made public unless used as
evidence in an appeal or in legal action against an
offender. The reason for taking enforcement action is described within
the notice itself which is publicly available using the
above register.
I understand that enforcement investigations are exempt
from FOI requests under regulation 13 (1)

You then asked for a new question under a Freedom of Information review;
Dear Sutton Borough Council,

Please pass this on to the person who conducts Freedom of Information
reviews.

I am writing to request an internal review of Sutton Borough Council's
handling of my FOI request 'Planning enforcement actions 2020'.

IN response to (1) of my original request, Please provide the total
number of PCNs issued - i do not require reference numbers or other
personal details.

A full history of my FOI request and all correspondence is available on
the Internet at this address:
[2]https://www.whatdotheyknow.com/request/p...

Yours faithfully,

Steve Smith
Our response:
 - Sutton LPA has issued 1x Planning contravention Notice from
01/01/2020 to date (15/05/2020)

Right to Review
If you are dissatisfied with the way in which your information request
has been dealt with you can request an internal review. Tell us why you
are unhappy with our response within 40 working days, and it will be
looked at afresh. We will aim to provide you with our review response
within 20 working days.
If you remain dissatisfied with the outcome of the review you have a
further right to appeal to the Information Commissioner, who regulates
the implementation of the Freedom of Information Act 2000 and
Environmental Information Regulations 2004. The Commissioner can be
contacted at the following address:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Enquiry line: 0303 123 1113

Regards

Planning & Building Control

Environment, Housing & Regeneration

London Borough of Sutton
24 Denmark Road, Carshalton SM5 2JG

T: 020 8770 5000

[3]www.sutton.gov.uk

Follow us on [4]LinkedIn | [5]Twitter | [6]Facebook

Disclaimers apply, for full details see : 
(https://www.sutton.gov.uk/info/200436/cu...)

References

Visible links
1. https://planningregister.sutton.gov.uk/o...
2. https://www.whatdotheyknow.com/request/p...
3. http://www.sutton.gov.uk/
4. https://www.linkedin.com/company/london-...
5. https://twitter.com/SuttonCouncil?ref_sr...
6. https://facebook.com/SuttonCouncil