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Pre Application Advice re Princes Parade

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Dear Shepway District Council,

Please provide me with all communication including emails, notes of telephone calls and meetings relating to pre application advice given by the planning department at Shepway District Council to the owner of the land at Princes Parade ie Shepway District Council. Please treat this a both an FoI and an EIR.

Note that you cannot refuse this request on the grounds of commercial confidentiality for the following reason:

The Freedom of Information Act 2000: For normal planning applications,
negotiations between the developer and planning authority, for example over section 106
agreements, are exempt from freedom of information requests on the grounds that they are
commercially confidential. However, when a local planning authority applies to itself for
planning permission, that exemption does not apply. In other words, a freedom of
information request could obtain information about any written negotiations between the local authority officers involved in development and those involved in planning.

Please note also that I originally made this request in an email to Ben Geering dated Jun 15 2017. I received no reply so I chased this up with another email on Jun 19th. When I had no response to that I repeated my request in an email to the [email address] on 23 Jun but have received no reply to that email either.

I therefore expect a response within 20 working days of my first request ie Jun 15th.

Yours faithfully,

Lesley Whybrow

Shepway District Council

Dear Lesley Whybrow,

Thank you for your request dated  28 June  2017. 

We will endeavour to supply the information you have requested within the requisite 20 working days. If we think that it will take longer, we will contact you.

Please ensure you leave the subject line in any correspondence sent to us in relation to this request to enable us to locate your file.  The reference number for your file is  shown above in the Subject Line starting LS-005118-AN.

Kind regards

Miss Ayse Niazi
Complaints & Street Naming and numbering officer
Tel: 01303 853437
Fax: 01303 853548
Shepway District Council, Civic Centre, Castle Hill Avenue,
Folkestone, Kent, CT20 2QY
E-mail: [Shepway District Council request email]
Website: www.shepway.gov.uk
 
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 Please consider the Environment before printing this email

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Shepway District Council

Dear Lesley Whybrow,

 

I am writing in respect of your Environmental Information Regulations
enquiry dated 28 June 2017.   This request has been handled under the
Environmental Information Regulations 2004. 

 

Your request was:-

 

“Please provide me with all communication including emails, notes of
telephone calls and meetings relating to pre application advice given by
the planning department at Shepway District Council to the owner of the
land at Princes Parade ie Shepway District Council.”

 

I am writing to inform you that we have searched our records and the
information you requested is not held by the council.  Pre-application
advice has not been given; therefore Regulation 12(4)(a) applies to your
request.  Regulation 12(4)(a) provides an exception to the duty to
disclose information when information is not held.

 

Freedom of Information Act 2000 Section 1(a) – we do not hold the
information requested.

 

If you are unhappy with the way your request for information has been
handled you can request a review by writing to:

 

Freedom of Information Appeals Officer

Compliance & Information Governance

Shepway District Council

Castle Hill Avenue

Folkestone

Kent CT20 2QY

 

Or email [1][Shepway District Council request email]

 

Alternatively you can use our Customer Comment Form which can be accessed
at our website [2]www.shepway.gov.uk

 

In addition, if you are not satisfied with our response you may apply to
the Information Commissioner for an independent review at the following
address:

 

The Information Commissioner

Wyncliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Telephone 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use
a national rate number

[3]www.ico.org.uk

 

There is no charge for making an appeal.

 

Yours sincerely,

 

 

 

Rachel Neville

Information Officer

Tel: 01303 853437

Mob:  07802 720679

Shepway District Council, Civic Centre, Castle Hill Avenue,

Folkestone, Kent, CT20 2QY

E-mail: [4][Shepway District Council request email]

Website: [5]www.shepway.gov.uk

                                           

Follow us on [6]Twitter and [7]Facebook

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The contents and any attachments of this e-mail message are
confidential and intended only for the named addressees. If you
have received it in error, please advise the sender immediately by
return email and then delete it from your system. Any unauthorised
distribution or copying of this transmission, or misuse or
wrongful disclosure of information contained in it, is strictly
prohibited. Shepway District Council cannot accept liability for
any statements made which are clearly the sender's own and not
expressly made on behalf of the council. All email to and from the
council may be monitored in accordance with the council’s
policies.

References

Visible links
1. mailto:[Shepway District Council request email]
2. http://www.shepway.gov.uk/
http://www.shepway.gov.uk/
3. http://www.ico.org.uk/
4. mailto:[Shepway District Council request email]
5. http://www.shepway.gov.uk/
6. http://www.twitter.com/shepwaydc
7. http://www.facebook.com/shepwaydistrictc...

Dear Shepway District Council,

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

I am writing to request an internal review of Shepway District Council's handling of my FOI request 'Pre Application Advice re Princes Parade'.

You said that pre application advice had not been given but this email released under another FoI/ERI request clearly shows that there was a pre application advice note drawn up on 28.11.16.

https://www.whatdotheyknow.com/request/3...

I am aware of a letter regarding pre application advice addressed to Mr Shillito dated 20 July 2017 ie the same day that you told me there was no preapplication advice and also that there were a number of pre application meetings held between October 2016 and May 2017.

This leads me to believe that there must be other emails and notes of meetings and I would be grateful if you would release them to me asap.

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,

Lesley Whybrow

Shepway District Council

Dear Lesley Whybrow,

 

I acknowledge of your email of 16 August 2017,  requesting a review of our
response to your Environmental Information Regulations request dated 28
June 2017.  We will be dealing with this by way of an Internal Review in
line with the procedure outlined in our response of 20 July 2017.  Your
request will be dealt with in accordance with Shepway District Council's
policy on such matters which is subject to guidance produced by the
Information Commissioner's Office in line with Regulation 11 of the EIRs
and the EIR Code of Practice.

 

We anticipate that the internal review will be completed within 20 working
days of receipt of your request, however in exceptional circumstances it
may take slightly longer. If this is the case with your enquiry, then we
will endeavour to notify you and explain why more time is needed.

 

Yours sincerely,

 

 

 

Rachel Neville

Information Officer

Tel: 01303 853437

Mob:  07802 720679

Shepway District Council, Civic Centre, Castle Hill Avenue,

Folkestone, Kent, CT20 2QY

E-mail: [1][Shepway District Council request email]

Website: [2]www.shepway.gov.uk

                                           

Follow us on [3]Twitter and [4]Facebook

P Please consider the Environment before printing this email

 

Shepway District Council

1 Attachment

Dear ‎Mrs. Whybrow

 

I refer to your application dated 16 August 2017  for an internal review
of the council’s decision on your request under the Environmental
Information Regulations 2004 dated 28 June 2017 Your request  was as
follows:-

 

“Please provide me with all communication including emails, notes of
telephone calls and meetings relating to pre application advice given by
the planning department at Shepway District Council to the owner of the
land at Princes Parade ie Shepway District Council”.

 

The council refused your request on the ground of the exception contained
in  regulation 12(4)(a)  of the 2004 Regulations namely that the
information was not held.  The council stated that the pre – application
advice had not been given and that therefore the information request was
not held..

 

You dispute this contending that a pre application advice note was drawn
up on 28 November 2016.  You also make reference to a letter to a Mr.
Shillito dated 20 July 2017 which you stated refers to a number of
pre-application meetings held between October 2016 and May 2017.

 

You have requested now that the decision be reviewed.  This email is the
council’s decision on your request.  An internal review  is a re –
examination of the original decision.

 

I have considered your request.  I have decided to uphold the decision.

 

A request for information under the regulations is a request for
information the council holds at the time of the request.  At the time of
the request the planning section had not issued its pre – application
advice.  The advice has now been issued.  It was issued on the same date
as the decision on your request was sent to you.  I am informed that the
pre- application advice is included in the application for planning
permission and so will be available for public inspection.  Pre-
application advice is not given until the definitive advice is set down
and sent to the applicant.

 

In summary at the date of your request the pre-application advice had not
been given and consequently your request was correctly answered. 

  

If you are not satisfied with our response you may apply to the
Information Commissioner for an independent review at the following
address:

 

The Information Commissioner 
Wyncliffe House 
Water Lane 
Wilmslow 
Cheshire SK9 5AF

Telephone 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use
a national rate number

[1]www.ico.org.uk

 

Yours sincerely

 

 

Peter Wignall
T: 01303 853437
Shepway District Council, Civic Centre,
Castle Hill Avenue, Folkestone, Kent. CT20 2QY
E: [2][Shepway District Council request email]

[3]www.shepway.gov.uk
Follow us on Twitter and Facebook

 

Rachel Neville

Information Officer

Tel: 01303 853437

Mob:  07802 720679

Shepway District Council, Civic Centre, Castle Hill Avenue,

Folkestone, Kent, CT20 2QY

E-mail: [4][email address]

Website: [5]www.shepway.gov.uk

 

Follow us on [6]Twitter and [7]Facebook

P Please consider the Environment before printing this email

[8]cid:image002.jpg@01CF1DB6.D3890760

 

The contents and any attachments of this e-mail message are
confidential and intended only for the named addressees. If you
have received it in error, please advise the sender immediately by
return email and then delete it from your system. Any unauthorised
distribution or copying of this transmission, or misuse or
wrongful disclosure of information contained in it, is strictly
prohibited. Shepway District Council cannot accept liability for
any statements made which are clearly the sender's own and not
expressly made on behalf of the council. All email to and from the
council may be monitored in accordance with the council’s
policies.

References

Visible links
1. http://www.ico.org.uk/
2. mailto:[Shepway District Council request email]
3. http://www.shepway.gov.uk/
4. mailto:[Shepway District Council request email]
5. http://www.shepway.gov.uk/
6. http://www.twitter.com/shepwaydc
7. http://www.facebook.com/shepwaydistrictc...

We don't know whether the most recent response to this request contains information or not – if you are Lesley Whybrow please sign in and let everyone know.

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