Stuart Hardwicke CARRUTHERS

Dear South Norfolk District Council,

Please provide copies of your policies / procedures in relation to:

a) ensuring that there is not over-enforcement of planning enforcement notices;
b) prosecuting planning enforcement notices that the Council is unable to prove beyond all reasonable doubt were issued and served by the Council;

Yours faithfully,

Stuart Hardwicke CARRUTHERS

Right2Know, South Norfolk District Council

Dear Stuart

 

Thank you for your request of information which is being considered. You
may be aware that we have to respond to Freedom of Information (FOI)
requests within 20 working days and as soon as is reasonably practicable,
therefore you will receive a response by Monday 1^st July 2019 or earlier.

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 some or all
of the information may not be released. You will be informed if this is
the case, including your rights of appeal.

 

If any of the information you have requested is not contained in a
recorded format, South Norfolk Council is not obliged to create
information for the purpose of responding to your request

There may be a fee payable for ‘reasonable disbursement’ costs such as
postage and photocopying. This will be considered and you will be informed
if a fee is payable. In this event the fee must be paid before the
information is processed and released. The 20 working day time limit for
responses is suspended until receipt of the payment.

If you have any queries or concerns then please let me know.  If you do
contact us again concerning this request, please quote FOI 19-281.

 

Regards

 

 

Chelsea Lee

Business Support Apprentice

 t 01508 533 866  e [email address]  

 

This email and any attachments are intended for the addressee only and may
be confidential. If they come to you in error you must take no action
based on them, nor must you copy or show them to anyone. Please advise the
sender by replying to this email immediately and then delete the original
from your computer. Unless this email relates to Broadland District
Council or South Norfolk Council business it will be regarded by the
council as personal and will not be authorised by or sent on behalf of the
councils. The sender will have sole responsibility for any legal actions
or disputes that may arise. We have taken steps to ensure that this email
and any attachments are free from known viruses but in keeping with good
computing practice, you should ensure they are virus free. Emails sent
from and received by members and employees of Broadland District Council
and South Norfolk Council may be monitored. 

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Right2Know, South Norfolk District Council

6 Attachments

Dear Mr Carruthers

 

The Freedom of Information Act 2000 states that "Section 1(1) does not
oblige a public authority to comply with a request for information if the
request is vexatious". We have considered guidance issued by the
Information Commissioner's Office regarding vexatious requests and on that
basis have decided that your request is vexatious.

 

I consider your request to be vexatious for a number of reasons based on
the ICO's guidance referred to above:

 

Unfounded accusations: You have made many allegations/claims against the
Council in relation to modifications made to the Council's enforcement
register and notices.  These accusations continue in this particular
request. As you well know, the Council does not accept your claims and has
not engaged in activities that you have accused us of. This has been
subject of previous FOI requests and correspondence and in our opinion,
make this request vexatious. Previous requests have been answered by
stating that the information is not held due to the fact that you are
seeking information which does not exist, which is based on your unfounded
accusations and claims. This pattern of behaviour appears to be
reoccurring and is demonstrated in this request, which can also
demonstrate unreasonable persistence

 

Unreasonable Persistence: This relates to requests that are used by the
requester to reopen an issue which has already been addressed by the
public authority or otherwise subjected to some form of independent
scrutiny. I understand that Norwich Crown Court struck out your claim
against the Council that included a reference to the mismanagement of the
Council’s enforcement registers. In addition, I have also stated that the
subject of your request has been raised in many previous FOI requests.

 

No obvious intent to obtain information: This relates to requests that are
used as a means to vent anger at a particular decision, or to harass and
annoy the authority, for example, by requesting information which the
authority knows the requester to possess already). Namely, you already
know the Council's position relating to the Council's register of
decisions. This has been the subject of legal cases that you have been
involved in and therefore you are very much aware of this and the reasons
why the Council is of a particular view.

 

As always, we deal each of your requests based on their own merits and
will continue to do so, however we believe that the overall lack of
purpose of this request, in conjunction with the fact that you already
know the Council’s position in relation to Enforcement and Stop Notices,
is vexatious. If further requests are received that we consider to be
vexatious on the grounds set out above, I should advise that we will not
issue a refusal notice (which is in line with Section 17 (6) of the FOI
Act).

 

In accordance with the Freedom of Information Act 2000 this email acts as
a Public Interest Refusal Notice.  In terms of the exemption, you have a
right of appeal against our decision.  In the first instance this appeal
must be internal and we enclose a copy of our guidance regarding how to
request an internal review.  We hope that you will not feel it necessary
to invoke an appeal, but if you do we will take every care to re-assess
your request and let you have our findings.

 

Regards

 

Emma Goddard
Senior Governance Officer & Deputy Monitoring Officer
t 01508 533943 e [email address]  

[1]Broadland District Council Logo [4]South Norfolk Council Logo
[2]Facebook Logo [3]Twitter Logo [5]Facebook Logo [6]Twitter Logo

This email and any attachments are intended for the addressee only and may
be confidential. If they come to you in error you must take no action
based on them, nor must you copy or show them to anyone. Please advise the
sender by replying to this email immediately and then delete the original
from your computer. Unless this email relates to Broadland District
Council or South Norfolk Council business it will be regarded by the
council as personal and will not be authorised by or sent on behalf of the
councils. The sender will have sole responsibility for any legal actions
or disputes that may arise. We have taken steps to ensure that this email
and any attachments are free from known viruses but in keeping with good
computing practice, you should ensure they are virus free. Emails sent
from and received by members and employees of Broadland District Council
and South Norfolk Council may be monitored. 

From: Right2Know
Sent: 03 June 2019 16:22
To: Stuart Hardwicke CARRUTHERS
<[FOI #580268 email]>
Subject: RE: Freedom of Information request 19-281 - Planning Enforcement
notices new

 

Dear Stuart

 

Thank you for your request of information which is being considered. You
may be aware that we have to respond to Freedom of Information (FOI)
requests within 20 working days and as soon as is reasonably practicable,
therefore you will receive a response by Monday 1^st July 2019 or earlier.

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 some or all
of the information may not be released. You will be informed if this is
the case, including your rights of appeal.

 

If any of the information you have requested is not contained in a
recorded format, South Norfolk Council is not obliged to create
information for the purpose of responding to your request

There may be a fee payable for ‘reasonable disbursement’ costs such as
postage and photocopying. This will be considered and you will be informed
if a fee is payable. In this event the fee must be paid before the
information is processed and released. The 20 working day time limit for
responses is suspended until receipt of the payment.

If you have any queries or concerns then please let me know.  If you do
contact us again concerning this request, please quote FOI 19-281.

 

Regards

 

 

Chelsea Lee

Business Support Apprentice

 t 01508 533 866  e [7][email address]  

 

This email and any attachments are intended for the addressee only and may
be confidential. If they come to you in error you must take no action
based on them, nor must you copy or show them to anyone. Please advise the
sender by replying to this email immediately and then delete the original
from your computer. Unless this email relates to Broadland District
Council or South Norfolk Council business it will be regarded by the
council as personal and will not be authorised by or sent on behalf of the
councils. The sender will have sole responsibility for any legal actions
or disputes that may arise. We have taken steps to ensure that this email
and any attachments are free from known viruses but in keeping with good
computing practice, you should ensure they are virus free. Emails sent
from and received by members and employees of Broadland District Council
and South Norfolk Council may be monitored. 

show quoted sections

Stuart Hardwicke CARRUTHERS

Dear South Norfolk District Council,

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

I am writing to request an internal review of South Norfolk District Council's handling of my FOI request 'Planning Enforcement notices new'.

The request is very straightforward, please supply the information requested.

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,

Stuart Hardwicke CARRUTHERS

Right2Know, South Norfolk District Council

6 Attachments

Dear Mr Carruthers

 

Please find attached the decision notice resulting from the internal
review of your request for information (FOI 19-281). The original decision
has been upheld.

 

If you are still dissatisfied, you can contact the Information
Commissioner and I show below the contact details for your information:

 

Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

Tel: 0303 123 1113

Website: [1]http://www.ico.org.uk

 

Regards

 

Emma Goddard
Senior Governance Officer & Deputy Monitoring Officer
t 01508 533943 e [email address]  

[2]Broadland District Council Logo [5]South Norfolk Council Logo
[3]Facebook Logo [4]Twitter Logo [6]Facebook Logo [7]Twitter Logo

This email and any attachments are intended for the addressee only and may
be confidential. If they come to you in error you must take no action
based on them, nor must you copy or show them to anyone. Please advise the
sender by replying to this email immediately and then delete the original
from your computer. Unless this email relates to Broadland District
Council or South Norfolk Council business it will be regarded by the
council as personal and will not be authorised by or sent on behalf of the
councils. The sender will have sole responsibility for any legal actions
or disputes that may arise. We have taken steps to ensure that this email
and any attachments are free from known viruses but in keeping with good
computing practice, you should ensure they are virus free. Emails sent
from and received by members and employees of Broadland District Council
and South Norfolk Council may be monitored. 

show quoted sections

Stuart Hardwicke CARRUTHERS

Dear South Norfolk District Council,

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

I am writing to request an internal review of South Norfolk District Council's handling of my FOI request 'Planning Enforcement notices new'.

It is entirely demonstrable that the South Norfolk District Council has engaged in acts of fraud as a planning authority and has lied to the Ombudsman, Court, its own Complaints process etc.. Please provide the information requested.

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,

Stuart Hardwicke CARRUTHERS

Right2Know, South Norfolk District Council

Dear Mr Carruthers

We have undertaken three internal reviews for you in the last month, including this FOI request. Please refer to the emails advising you of the outcome of the review with regard to further steps.

Regards

Emma Goddard
Senior Governance Officer & Deputy Monitoring Officer
t 01508 533943 e [email address]

This email and any attachments are intended for the addressee only and may be confidential. If they come to you in error you must take no action based on them, nor must you copy or show them to anyone. Please advise the sender by replying to this email immediately and then delete the original from your computer. Unless this email relates to Broadland District Council or South Norfolk Council business it will be regarded by the council as personal and will not be authorised by or sent on behalf of the councils. The sender will have sole responsibility for any legal actions or disputes that may arise. We have taken steps to ensure that this email and any attachments are free from known viruses but in keeping with good computing practice, you should ensure they are virus free. Emails sent from and received by members and employees of Broadland District Council and South Norfolk Council may be monitored.

show quoted sections