Planning 'Stone and Coal'

--------------------------------
This is an automated response to thank you for your email which has just been received.
We aim to respond fully to all emails from the public as soon as possible, where they are seeking a response. However, please note that if your enquiry is particularly complicated or requires substantial investigation then it may take up to 10 working days to provide you with a full and accurate response.

You may wish to see if your enquiry can be dealt with online at www.uttlesford.gov.uk. The Council's website enables payments to be made online as well as providing comprehensive information.

Please do not reply to this automated response.

--------------------------------

Dear David Bevan

Thank you for your request for information which Uttlesford District Council received on 21 June 2023. Your request has been allocated the Councils reference of 23-389.

Your request is being dealt with under the Freedom of Information Act / Environmental Information Regulations and will be answered within 20 working days. In the event that your request is considered complex you may be advised at an early stage in the process that an extension of the normal 20 day timeline will be necessary and the reasons for any extension will be explained to you.

Your request will now be forwarded to the Service Area best placed to supply an appropriate response to your request for information and you should expect to receive your response by 19 July 2023 unless you are advised otherwise.

If you have any queries about your request do not hesitate to contact me.

Your privacy:- We use your personal information such as name and email address so that we can comply with our legal obligations to respond to FOI requests. For further details about the use of information by the Council please see our privacy notice on the Councils website https://www.uttlesford.gov.uk/privacy-no....

Yours sincerely,

Information Governance Team
Uttlesford District Council
Council Offices
London Road
Saffron Walden
Essex CB11 4ER

T: 01799 510510
E: [Uttlesford District Council request email]

www.uttlesford.gov.uk

facebook.com/UttlesfordDC
twitter.com/UttlesfordDC

show quoted sections

Dear David Bevan
Subject: Freedom of Information Request – Reference No: 23-389
Thank you for your request for information, which has been considered and
actioned under the Freedom of Information Act 2000. The information you
requested is shown below:

 1. Provide me a copy of the planning application UTT/23/0111/LB, as it is
necessary for it to be published, once validated. It has been removed.
This Listed Building application was not needed for this development
and was withdrawn before being validated. Paperwork was not retained.

 2. Advise when an Enforcement Notice was served on Stone and Coal, given
they were written to by UDC on the 13th April 2023, yet they continue
to trade in disregard of the Council' decision.
This information can be found on the council’s
website [1]INV/22/0143/B | Unauthorised works within the curtilage of
a Listed Building 1. Large awning 2. 2 piles of hardcore 3. 2 Shipping
Containers 4. Use of 2 barns as living accommodation | Warwicks
Chelmsford Road White Roding Dunmow CM6 1RU (uttlesford.gov.uk) and is
therefore exempt from the FOI Act under s23 of the Act.  

 3. Explain the discrepancy of dates between Environmental Health, who
confirmed the inspection of the large development on the 21st June
2023, including shipping containers, bar, servery; horse cart, etc,
yet Planning suggests no real development existed on the 15th July
2023 when it visited other than a 'horse cart', and the development
occurred after the 15th July 2023 according to the validated planning
application by Stone and Coal. It goes directly to officers's
veracity, who are prevented from knowingly misleading elected
representatives, the electorate, or the public.
The Council are assuming there has been a typo and you mean 2022 and
not 2023. 
The planning enforcement officer noted the following items on site
during the initial site visit on the 15 June 2022:
- Small coffee bar from a wagon on the edge of their garden
- A temp awning
- They will be erecting a small awning (smaller than the one currently
there),
- They have had 2 containers sited there, one to serve as a kitchen
and one as a toilet block.
- They have also cleared the undergrowth from beneath trees at the
very bottom of the garden and laid a permeable compacted grit surface
to site tables and chairs under the trees.
The planning officer who processed the planning application undertook
a site visit on the 25/01/23 and then a detailed site visit with the
Conservation Officer on the 17/02/23 but had access to the enforcement
file, case notes and photographs. 
The Environmental Health team became aware of the premises following a
food registration submitted by the FBO on 21/06/22. No inspection or
site visit was undertaken on this day. An initial inspection of the
Daily Grind food cart was undertaken on 08/09/22 and the officer has
confirmed there was a tipi in the garden of the property Warwicks,
behind the cart. The food business operator told me that he wants to
organise events in the future. I asked him to inform us before he
starts doing these events especially if he decides to offer different
food items other than what he is offering at the time of the
inspection. I didn’t see any other site works being undertaken at the
time, such as water supply drainage excavations. The officer does not
reference any large development.
A further visit was undertaken by a senior officer on 09/11/22 when
the premises was noted to comprise of : Fenced off area within the
curtilage of the house Warwicks where the Food Business Operator (FBO)
lives. There is a horse box being used as a mobile catering unit
(Daily Grind) facing towards the road on the corner of the property
garden providing takeaway coffee / sandwiches with two picnic benches
on corner of plot adjacent to road. There is a bar and BBQ food
servery (Stone and Coal) catering for approx. sixty seated customers
at tables and picnic benches under stretched canvas coverings within
curtilage. There is six feet wicker fencing separating the restaurant
and facilities from the rest of the garden and from the road with one
external gate. There are two metal storage containers on site – one
converted to WCs, and one converted to a food storage and preparation
facility. The horsebox, bar, tables / seating, stretched tents, toilet
and food preparation storage containers can be transported off site
for events.

Please do not hesitate to contact me if you have any further queries or
concerns.
If you are dissatisfied with the response to your request, please let us
know. If we are unable to resolve the matter quickly then you may wish to
pursue this through the Councils complaints procedure and request an
internal review be undertaken. Internal review requests should be
submitted within 40 working days of the date of receipt of the response to
your original letter and should be addressed to: [Uttlesford District Council request email].
If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF. Telephone: 0303 123 1113 or 01625 545 700 Website: [2]www.ico.org.uk.

Yours Sincerely,

Daniel

Daniel Porter

Project Officer (DM)

Uttlesford District Council

London Road

Saffron Walden

Essex CB11 4ER

T: 01799510499

E: [email address]

[3]www.uttlesford.gov.uk

facebook.com/UttlesfordDC

twitter.com/UttlesfordDC

References

Visible links
1. https://publicaccess.uttlesford.gov.uk/o...
2. http://www.ico.org.uk/
3. http://www.uttlesford.gov.uk/

--------------------------------
This is an automated response to thank you for your email which has just been received.
We aim to respond fully to all emails from the public as soon as possible, where they are seeking a response. However, please note that if your enquiry is particularly complicated or requires substantial investigation then it may take up to 10 working days to provide you with a full and accurate response.

You may wish to see if your enquiry can be dealt with online at www.uttlesford.gov.uk. The Council's website enables payments to be made online as well as providing comprehensive information.

Please do not reply to this automated response.

--------------------------------

Dear David Bevan,

freedom of information act 2000 – information request

I refer to your email of 11 July 2023. Your email appears to be a general
enquiry rather than a request for information held by the council. It has
therefore been logged as a general enquiry and not an FOI. 

The Freedom of Information Act allows individuals the right to receive
information from Public Authorities if held within their records. It does
not require public authorities to create new documents and new responses
to answer questions, nor does it require officers to give their views on
particular issues.

Please send your enquiries regarding any nuisance, public health matters
to Environmental Health Protection at
[1][email address] . Food Hygiene issues can be sent
to Environmental Health Commercial at
[2][email address] . For general licensing matters
please direct to [3][email address]  For potential breaches
of licensing conditions, please notify the licensing enforcement team
[4][email address]

The general email contact for planning
is [5][email address]  and for planning enforcement issues
please use [6][email address] for general enquiries.

If you are dissatisfied with the response to your request, you have the
right to ask for an internal review.  Internal review requests should be
submitted within two months of the date of receipt of the response to your
original reply and should be addressed to:  [7][Uttlesford District Council request email].

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision.  The Information Commissioner can be contacted at: Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.  Telephone: 0303 123 1113 or 01625 545 700 Website: 
[8]www.ico.org.uk.

Yours sincerely,

Daniel

Daniel Porter

Project Officer (DM)

Uttlesford District Council

London Road

Saffron Walden

Essex CB11 4ER

T: 01799510499

E: [email address]

[9]www.uttlesford.gov.uk

facebook.com/UttlesfordDC

twitter.com/UttlesfordDC

══════════════════════════════════════════════════════════════════════════

From: David Bevan <[FOI #992871 email]>
Sent: Tuesday, 11 July 2023 07:07
To: Daniel Porter <[email address]>
Subject: [External] >> Re: 23-389
 
Dear Daniel Porter,

Is it usual practice for UDC officers to mislead members of the public in
FOI requests? (UDC advised 'whatdotheyknow'  that on the 21st June 2022, 
Environmental Health inspected, toilets, kitchen, servery, bar, and a
horse cart, which is untrue.)

UDC has confirmed it only inspected a horse cart (the Daily Grind) on the
8th September 2022, and instructed the FBO to notify them of different
foods being sold, yet the officer attending seemed oblivious that UDC had
been issuing 'TENS' to the property, and that a restaurant was operating,
why was the attending officer oblivious to this?

Do UDC believe the officer undertaking what appears a botched inspection
genuinely could not see 2 shipping containers, tables, and chairs, and two
large canopies ("tipi"?), which Planning observed as being present on the
15th July 2022?

How do UDC believe shipping containers attached to the main water supply
(albeit without apparent permission under Water Regulations) and a sewage
treatment plant can be transported for events?

Why have documents linked to another Planning Application (refused) been
destroyed?

Was the listed building application withdrawn?

Yours sincerely,

David Bevan

show quoted sections