Downs Development Neighbourhood Voice

Dear Lewes District Council,

We request from Lewes District Council, as the Principle Planning Authority with oversight of the Seaford Neighbourhood Plan, information with regard to the process of the Seaford Neighbourhood Plan:

1. Please provide evidence of there having been an assessment of the Downs Leisure Centre against the criteria of the NPPF Local Green Spaces and please present the report.

2. Please provide evidence of an independent assessment having taken place to reappraise the Downs Leisure Centre site as sustainable for housing, retail and health facilities.

3. Please outline what is meant by, and the reasons for placing the Downs Leisure Centre site in the Local Green Spaces Report alongside other recreation grounds and school fields as opposed to a designated local green space.

4. Please demonstrate what compensatory provision is being made for the loss of recreational grounds at the Downs Leisure Centre site in the Neighbourhood Plan.

Yours faithfully,

Downs Development Neighbourhood Voice

Thank you for your information request received today.

 

I am currently reviewing your request and investigating whether there is
any information available for disclosure.  The Council, in accordance with
Section 10 of the Freedom of Information Act 2000 (‘the Act’), will reply
to your request promptly and in any event not later than the twentieth
working day following the date of receipt. Subject Access Requests will be
responded to within one calendar month in line with the GDPR (General Data
Protection Regulation).

 

In accordance with section 8(1)(b) of the Act and related guidance from
the Information Commissioner’s Office, the Council reserves the right to
treat any request for information as invalid unless the requester supplies
their real name.  In such cases, the Council may request proof of
identity.

 

 

Please contact me again if you require any assistance with your request
and I will do my best to provide the relevant help and advice.

 

Kind Regards

 

 

Information Governance Officer

Lewes District Council and Eastbourne Borough Council

1 Attachment

Dear  Downs Development Neighbourhood Voice

 

Thank you for your Freedom of Information request dated 26 November 2019 
which has been registered under reference FOI 10291.

 

We request from Lewes District Council, as the Principle Planning
Authority with oversight of the Seaford Neighbourhood Plan, information
with regard to the process of the Seaford Neighbourhood Plan:

 

1.         Please provide evidence of there having been an assessment of
the Downs Leisure Centre against the criteria of the NPPF Local Green
Spaces and please present the report.

 

2.         Please provide evidence of an independent assessment having
taken place to reappraise the Downs Leisure Centre site as sustainable for
housing, retail and health facilities.

 

3.         Please outline what is meant by, and the reasons for placing
the Downs Leisure Centre site in the Local Green Spaces Report alongside
other recreation grounds and school fields as opposed to a designated
local green space.

 

4.         Please demonstrate what compensatory provision is being made
for the loss of recreational grounds at the Downs Leisure Centre site in
the Neighbourhood Plan.

 

As the Council has concerns over the receipt of anonymous and, possibly,
pseudonymous requests, it has decided to tighten procedures and reserves
the right to ask for proof of identity. Therefore I would appreciate it if
you could provide, electronically or otherwise, some proof of your
identity.

 

The usual forms of proof such as passport, drivers licence or a utility
bill are acceptable but other formats will be considered as long as they
demonstrate the genuine identity of the requestor.

 

A request for information must contain the ‘real name’ and address of the
requestor:

 

Freedom of Information Act 2000 Section 8(1)(b):

 

In this Act any reference to a “request for information” is a reference to
such a request which—

 

        “…states the name of the applicant and an address for
correspondence”

 

I have attached the ICO guidance (Identity or motives of the applicant)
and would draw your attention to the section on page 4.

 

Alternatively, you are entitled to appeal to the Information Governance
Appeals Officer -

 

Information Governance Appeals Officer

Lewes District Council and Eastbourne Borough Council

1 Grove Road

EASTBOURNE

BN21 4TW

 

Email: [1][email address]

 

In the meantime your request has been put on hold until I receive your
reply.  If I do not hear from you within 20 working days of the date of
this email I will assume that you no longer wish to proceed with your
information request, and will take no further action.

 

Regards,

 

 

Regards,

 

 

Kevin Rance

Information Governance Officer

Tel: +44(0)1273 471600

[2][email address]

Lewes and Eastbourne Legal Services acting on behalf of Lewes District
Council and Eastbourne Borough Council

 

Lewes District Council: Southover House, Southover Road, Lewes BN7 1AB 
[3]www.lewes-eastbourne.gov.uk. Minicom 01273 484488 Eastbourne Borough
Council: 1 Grove Road, Eastbourne BN21 4TW 
[4]www.lewes-eastbourne.gov.uk. Text Relay 18001 01323 410000

 

 

Save a tree… please do not print this email unless you really need to This
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have received this email in error, please contact the sender using the
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that any attachment to this email is free from computer viruses. You are
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All written communications sent by and to Eastbourne Borough Council are
subject to the Freedom of Information Act 2000. You should therefore be
aware that this email or the information contained in it may be disclosed
without notice to a third party making a request for information about the
subject matter of this email.

 

References

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2. mailto:[email address]
3. http://www.lewes-eastbourne.gov.uk/
4. http://www.lewes-eastbourne.gov.uk/

Downs Development Neighbourhood Voice

Dear Lewes District Council,

This FOIA is made by L Bagot, as a member of Downs Development Neighbourhood Voice.
There is no requirement for FOI request to be made with proof of identity or to provide an address.
8.1.b of the FOI Act asks for an "address for correspondence", and that the email address provided via this submission is sufficient.

Yours faithfully,
L Bagot
Downs Development Neighbourhood Voice

Dear L. Bagot,

Thank you for your response.

As mentioned in my previous email any request for information should include the real name of the requestor. This was missing in your original request but as you have now included it and I have been able to determine that L Bagot is not a pseudonym I will be happy to proceed with your request and will respond within the allotted time.

Regards,

Kevin Rance
Information Governance Officer
Tel: +44(0)1273 471600
[email address]
Lewes and Eastbourne Legal Services acting on behalf of Lewes District Council and Eastbourne Borough Council

show quoted sections

2 Attachments

Dear L Bagot,

 

Information Request:  FOI 10291

 

Thank you for your information request dated 26 November 2019 received in
our office on the same day.

 

I have reviewed your request and investigated whether there is any
information which can be disclosed to you.  Please find below the
information the council holds, and which I am pleased to provide to you.

 

We request from Lewes District Council, as the Principle Planning
Authority with oversight of the Seaford Neighbourhood Plan, information
with regard to the process of the Seaford Neighbourhood Plan:

 

1.         Please provide evidence of there having been an assessment of
the Downs Leisure Centre against the criteria of the NPPF Local Green
Spaces and please present the report. Attached (p64 references Downs
Leisure Centre – not taken forward as Local Green Space)

 

2.         Please provide evidence of an independent assessment having
taken place to reappraise the Downs Leisure Centre site as sustainable for
housing, retail and health facilities. For the purposes of the
Neighbourhood Plan site allocations, this site was included within the
Sustainability Appraisal incorporating Strategic Environmental Assessment
and assessed for housing against the sustainability criteria; p148 in the
attached. The Downs Leisure Centre is no longer within the NP as a housing
allocation or as a policy supporting health facilities on this site.  No
specific health facilities study or retail study was undertaken, this
would not have been considered proportionate given there was no
quantification of health or retail facilities within the policies.

 

3.         Please outline what is meant by, and the reasons for placing
the Downs Leisure Centre site in the Local Green Spaces Report alongside
other recreation grounds and school fields as opposed to a designated
local green space. The Downs Leisure Centre is not a designated local
green space. Further information on local green spaces can be found on the
[1]Locality website: Neighbourhood Planning.org it would be up to the
Seaford Town Council to propose it as a Local Green Space – it is not for
LDC to make recommendations on this.

 

4.         Please demonstrate what compensatory provision is being made
for the loss of recreational grounds at the Downs Leisure Centre site in
the Neighbourhood Plan.  The Seaford Neighbourhood Plan (SNP) does not
propose any loss of recreational grounds at the Downs Leisure Centre.  SEA
10, which was subsequently removed, simply supported new or expanded
health facilities and the housing allocation, which is also subsequently
removed, supported 8 dwellings on the site above a retail unit.  Both
policies stated proposals must be in accordance with other policies in the
SNP.  SEA 7 seeks to protect existing open and recreational spaces
including the Downs Leisure Centre.

 

I trust that this deals with your enquiry to your satisfaction, but if you
feel that Lewes District Council has misunderstood or not responded
appropriately to your request, you have two courses of action:

 

o You can clarify the terms of your original request to allow this to be
looked at again  (if you expand your request this will be dealt with
as a new request)
o All applicants have a 'right of appeal'.  An appeal should be focused
on the original request and should identify how the council’s response
failed to answer your Information Request.  Appeals must be made in
writing (or e-mail) within 40 working days of receipt of this response
and addressed to the Information Governance Appeals Officer, to the
address below. 

 

Information Governance Appeals Officer

Lewes District Council and Eastbourne Borough Council

1 Grove Road

EASTBOURNE

BN21 4TW     

                                  

E-mail  : [2][email address]

 

After the council’s internal appeals procedure has been exhausted, a
further appeal about the same Information Request can be directed to the
Information Commissioner for adjudication.  Full details will be provided
should an appeal proceed to this stage.

 

Please note:

If you are considering re-using the information disclosed to you through
this request, for any purpose outside of what could be considered for
personal use, you are required under the Public Sector Re-use of
Information Regulations 2015 to make an Application for Re-use to the
organisation you have requested the information from.  Applications for
Re-Use should be directed to the address detailed in the footer below.

 

Please contact me again, quoting your reference number, if you require any
further assistance with your current request and I will do my best to
provide the relevant help and advice.

 

Yours sincerely

 

 

Regards,

 

 

Kevin Rance

Information Governance Officer

Tel: +44(0)1273 471600

[3][email address]

Lewes and Eastbourne Legal Services acting on behalf of Lewes District
Council and Eastbourne Borough Council

 

Lewes District Council: Southover House, Southover Road, Lewes BN7 1AB 
[4]www.lewes-eastbourne.gov.uk. Minicom 01273 484488 Eastbourne Borough
Council: 1 Grove Road, Eastbourne BN21 4TW 
[5]www.lewes-eastbourne.gov.uk. Text Relay 18001 01323 410000

 

 

Save a tree… please do not print this email unless you really need to This
email is confidential and for the exclusive use of the above named
addressee(s) or an authorised agent. If you are not the intended
recipient(s), you are prohibited from copying, distributing,
disseminating, or in any other way using the content of this email. If you
have received this email in error, please contact the sender using the
contact details given above.

All our Network computers operate virus-scanning but we make no guarantee
that any attachment to this email is free from computer viruses. You are
advised to check all attachments using your own virus-scanning software
before opening or executing them.

All written communications sent by and to Eastbourne Borough Council are
subject to the Freedom of Information Act 2000. You should therefore be
aware that this email or the information contained in it may be disclosed
without notice to a third party making a request for information about the
subject matter of this email.

 

References

Visible links
1. https://neighbourhoodplanning.org/wp-con...
2. mailto:[email address]
3. mailto:[email address]
4. http://www.lewes-eastbourne.gov.uk/
5. http://www.lewes-eastbourne.gov.uk/

Downs Development Neighbourhood Voice

Dear Lewes District Council, Information Governance Officer

Thank you for replying to this FOI Information Request: FOI 10291.

Regarding question 1 of the FOI we would appreciate a little more clarity.

We understand that the Downs Leisure Centre was not taken forward in the Seaford Neighbourhood Plan as a Local Green Space and we are conversant with the document you have referred us to: Environment Countryside Report Local Green Spaces.pdf . However, this does not constitute evidence or confirm whether or not an assessment of the Downs Leisure Centre under the NPPF criteria for local green spaces was ever undertaken by the neighbourhood plan – the assumption is there was not.

Please can you confirm this – ie. that the Downs Leisure Centre was not assessed under the criteria for designating local green spaces?

Regarding your response to question 4, whilst we recognise the information provided to this question, we feel it is necessary to point out the following:

The proposal to build a health hub and expand the existing car parking on the playing field of the Downs Leisure Centre would in fact be impossible without the loss of recreation ground. Likewise, the proposal to build a retail unit with dwellings/apartments over it, with required residental and customer parking and retail loading bay on the part of the Downs Leisure Centre grounds which are currently a public garden would also result in the loss of public green space.

We are aware that both of the policies relating to this development proposal have now been removed from the Seaford Neighbourhood Plan following the recommendation of the independent Examiner’s report.
As you point out SEA7 of the SNP seeks to protect existing open and recreation spaces which both of these policies (SEA10 and with the Downs site forming part of SEA15 of SNP) and LDC’s Seaford health hub proposal would be at variance with.
As your answer to this question states 'the Seaford Neighbourhood Plan (SNP) does not propose any loss of recreational grounds at the Downs Leisure Centre' we note that this is so by virtue of removing the policy SEA10 and deleting the Downs site from the policy SEA15.

In respect to question 2, we welcome the clarity with which you have responded:
'The Downs Leisure Centre is no longer within the NP as a housing
allocation or as a policy supporting health facilities on this site. No
specific health facilities study or retail study was undertaken, this
would not have been considered proportionate given there was no
quantification of health or retail facilities within the policies.'

Thank you for your assistance.

Yours faithfully,
L. Bagot
Downs Development Neighbourhood Voice