21st September 2022
Our ref: IRN12659537
Environmental Information Regulations 2004
This request is being handled under the Environmental Information Regulations 2004.
Your request
Please supply a copy of the Planning Contravention Notice issued in connection with
case 22/00421/3COU
Our response
I can confirm that Lambeth Council holds the information you requested. However we
are withholding that information since we consider that the following exceptions apply
to it.
The information requested is exempt from disclosure under Regulation 12(5)(b) of the
Environmental Information Regulations (EIRs). Disclosure would prejudice, or would be
likely to prejudice the course of justice, the ability of a person to receive a fair trial or
the ability of a public authority to conduct an inquiry of a criminal or disciplinary nature
To use this exception we are required to undertake a public interest test. The matters
which were considered in applying the public interest test are as follows:
Factors in favour of disclosure
We also consider that disclosure would increase the public’s understanding of this
issue and we note the general benefit in transparency where possible.
Factors in favour of withholding
It is not in the public interest to provide information if to do so means that the Council
cannot effectively investigate an issue.
It is considered that the greater public interest therefore lies in not providing the
information at this time. In coming to that conclusion, the public interest in providing the
information has been carefully weighed against any prejudice to the public interest that
might arise from withholding the information; in all the circumstances of the case, the
public interest in maintaining the exemption outweighs the public interest in disclosing
the information.
This response therefore acts as a refusal notice under regulation 14 of the
Environmental Information Regulations.
Right to review
If you are dissatisfied with the way in which your Freedom of 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.
By email: xxx@xxxxxxx.xxx.xx (Please quote the reference number above) or by writing
to:
London Borough of Lambeth
Freedom of Information
P.O. Box 734
Winchester
S023 5DG
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. The Commissioner can be contacted at the following
address:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF.
Telephone: 0330 123 1113
Website:
www.ico.org.uk
We would like to hear your views on our service. If you'd like to tell us how we did, you
can complete our feedback form online at
http://www.yourwebsite.co.uk/foifeedback
I will now close your request as of this date.
Yours faithfully
Complaints and Information Officer
Corporate Complaints Unit
London Borough of Lambeth
Enabling
Team Tel: 020 7926 0547
Website: www.lambeth.gov.uk