Planning enforcement register
Dear Powys County Council,
Although there is a link on your planning portal to Enforcement Register, it appears that no data has been uploaded to it i.e. it is blank. I cannot believe that no enforcement action has been taken in recent years and therefore request a schedule of all enforcement action taken in the period 01.01.17 to date, ideally in the same format has provided by the neighbouring Ceredigion Council :
INDEX OF REGISTER OF ENFORCEMENT AND BREACH OF CONDITION NOTICES Issued by Ceredigion County Council 2018
ENFORCEMENT NOTICES
Address of land to which notice relates LPA ref Legal ref Date of issue of Notice Date of service of the Notice Statement or summary of alleged breach (incl period in which steps are to be taken) / For Breach of Condition Notice specify permission No. and condition it relates to. Date on which Notice takes effect Info on any postponement of the dates specified by reason of Sec 175(4) of the 1990 Act (eg Appeals) and date of final determination or withdrawal of any appeals Date on which Authority is satisfied that required steps have been taken
Y Ddol Fach, Garth, Penrhyncoch INV120106 N/A 22/1/18 23/1/18 Sent by 1st class reg post Breach of conditions – relating to making up of estate road 28/2/18 Committed to delay in enforcement – associated with development of 2 houses and S106 – outline approved under ref A170092
Gwachai Dwmlo, Cenarth INV170231 N/A 1/2/18 1/2/18 Delivered by hand Enforcement Warning Notice – not carried out highway works within time as required by condition 1/2/18 2/2/18 Application received.
Maes yr Onnen, Cribyn INV140271 N/A 26/2/18 26/2/18 Sent by 1st class recorded delivery Enforcement Warning Notice – Construction of a menage 26/2/18
Brynteg, Y Ferwig INV170140 N/A 13/3/18 13/3/18 Sent by 1st class recorded delivery Enforcement Warning Notice – Construction or alteration of an access to a classified road 13/3/18 Owners given 35 days to submit an application or close access.
Cefn y Weilgi, Felinwynt INV170006 N/A 14/3/18 16/3/18 Sent by 1st class recorded delivery Enforcement Warning Notice – Bee keeping business and associated structure in curtilage of dwelling 14/3/18 Owner given 35 days to make an application or stop business
Adjacent to Ardwyn, Penbontrhydybeddau (Treferug) INV160039 N/A 20-3-18 20-3-18 Sent by 1st class recoded delivery Enforcement Warning Notice – Material change of use of land for the storage of structures and vehicles 20-3-18 Owner given 35 days to submit an application or to remove all structures and vehicles from the site
Yours faithfully,
Henry Pitcairn
Cyfarwyddwr Strategol: Rheoli Gwybodaeth/
Adnoddau
Information Compliance
Strategic Director: Resources
Neuadd Y Sir / County Hall
David Powell
Spa Road East
Llandrindod Wells
Powys LD1 5LG
If calling please ask for / Os yn galw
gofynnwch am
Tel / Ffôn: 01597 82 7543
Fax / Ffacs: 01597 82 6215
Email/Llythyru electronig:
[1][Powys County Council request email]
Our ref / Ein cyf: F2018-0319
Date / Dyddiad: 28/03/18
Request Accepted
FREEDOM of INFORMATION ACT 2000
Reference No: F2018/0319
Dear Mr. Pitcairn
Thank you for your request for information, received at this office on
27/03/2018, in which you requested details of the following:
Planning Enforcements
The above is a summary of your request. The full details of the
information sought is provided to the officer to whom the request is
tasked.
Your request will now be considered and you will receive a response within
the statutory timescale of 20 working days as defined by the Act, subject
to the information not being exempt or containing a reference to a third
party. In some circumstances Powys County Council may be unable to achieve
this deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.
There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed and
the 20 working day timescale will be suspended until we receive payment
from you. If you choose not to make a payment then your request will
remain unanswered.
Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.
The due date for responding to this request for information is 26/04/2018.
Should you need to discuss this further please contact the Information
Compliance Team on 01597 827543.
I would like to take this opportunity to thank you for your interest in
Powys County Council.
Yours sincerely,
Carl Bryden
Information Compliance Officer
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References
Visible links
1. mailto:[Powys County Council request email]
Cyfarwyddwr Strategol: Rheoli Gwybodaeth/
Adnoddau
Information Compliance
Strategic Director: Resources
Neuadd Y Sir / County Hall
David Powell
Spa Road East
Llandrindod Wells
Powys LD1 5LG
If calling please ask for / Os yn galw
gofynnwch am
Tel / Ffôn: 01597 82 7543
Fax / Ffacs: 01597 82 6215
Email/Llythyru electronig:
[1][Powys County Council request email]
Our ref / Ein cyf: F2018-0319
Date / Dyddiad: 05/04/2018
Reference No: F2018-0319
Dear Mr Pitcairn
Thank you for your request for information dated 27/03/2018 concerning
Planning Enforcement
This is to inform you that your request has been considered and I can
provide the following response:
The Request:
Although there is a link on your planning portal to Enforcement Register,
it appears that no data has been uploaded to it i.e. it is blank. I cannot
believe that no enforcement action has been taken in recent years and
therefore request a schedule of all enforcement action taken in the period
01.01.17 to date
The Response:
Section 17 of the Freedom of Information Act 2000 requires Powys County
Council, when refusing to provide such information (because the
information is exempt) to provide you the applicant with a notice which:
(a) states that fact;
(b) specifies the exemption in question and
(c) states (if that would not otherwise be apparent) why the exemption
applies.
In this instance the relevant exemption is Section 21 of the Freedom of
Information Act.
Section 21: Information accessible to applicant by other means -
(1) Information which is reasonably accessible to the applicant otherwise
than under section 1 is exempt information.
(2) For the purposes of subsection (1) -
(a) Information may be reasonably accessible to the applicant even though
it is accessible only on payment, and,
(b) Information is to be taken to be reasonably accessible to the
applicant if it is information which the public authority or any other
person is obliged by or under any enactment to communicate (otherwise than
by making the information available for inspection) to members of the
public on request, whether free of charge or on payment.
(3) For the purposes of subsection (1), information which is held by a
public authority and does not fall within subsection (2) (b) is not to be
regarded as reasonably accessible to the applicant merely because the
information is available from the public authority itself on request,
unless the information is made available in accordance with the
authority’s publication scheme and any payment required is specified in,
or determined in accordance with, the scheme.
We hold 2 registers, one for North Powys and one for South Powys. The
Registers are available to view by appointment at our Welshpool or
Gwalia, Llandrindod Wells offices respectively. Please contact
[2][email address] to make an appointment to view.
In accordance with Section 21 of the Freedom of Information Act 2000 I am
unable to provide you with the details you have requested.
We believe that this request is now complete and shall be closed
immediately. Should any further information be requested regarding this
topic, a separate request will need to be submitted.
We would like to take this opportunity to thank you for your interest in
Powys County Council.
Yours sincerely,
Information Compliance Team
The supply of documents under Freedom of Information does not give the
person or organisation who receives them an automatic right to re-use the
documents in a way that would infringe copyright.
You are free to use any information supplied for your own use, including
for non-commercial research purposes. The information may also be used for
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The copyright in other information may be owned by another person or
organisation, as indicated in the information itself.
For HMSO Guidance Notes on a range of copyright issues, see the Office of
Public Sector Information(OPSI) website.
[3]http://www.opsi.gov.uk/advice/crown-copy...
If you are dissatisfied with the service you have received in relation to
your request and wish to make a complaint, please contact Information
Compliance. Our complaints procedure is available on request or on our
website.
If you are still not satisfied following this, you can make an appeal to
the Information Commissioner, who is the statutory regulator. The
Information Commissioner can be contacted at:
Information Commissioner's Office
2nd floor
Churchill House
Churchill way
Cardiff
CF10 2HH
Tel: 029 2067 8400
Email: [4][email address]
[5]www.ico.org.uk
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References
Visible links
1. mailto:[Powys County Council request email]
2. mailto:[email address]
3. http://www.opsi.gov.uk/advice/crown-copy...
4. mailto:[email address]
5. http://www.ico.org.uk/
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