Dear Thomas,

Thank you for your request for information regarding properties across the borough which are currently classed as vacant for rating purposes. Your request was received on 20th January 2011 and I am dealing with it under the terms of the Freedom of Information Act 2000 and/or the Environmental Information Regulations 2004.

In some circumstances a fee may be payable and if that is the case, I will let you know. A fees notice will be issued to you, and you will be required to pay before we will proceed to deal with your request.

If you have any queries about this email, please contact Sue Smith or [Name of Council employee removed] on telephone number 01254 585582. Alternatively, our email address is [Blackburn with Darwen Borough Council request email]. Please remember to quote the reference number above in any future communications.

Regards,

[Name of Council employee removed]
Information Governance Officer, BT&IT

G Floor, Tower Block
Blackburn Town Hall
Blackburn
BB1 7DY

Tel: 01254 58 5852
Email: [email address]

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Dear Thomas,

Thank you for your request for information regarding vacant properties; please find our response below. If you have any queries relating to this request then please do not hesitate to contact me.

Unfortunately your request for information has been refused under Section 31 of the Freedom of Information Act 2000. This exemption has been applied for the prevention of crime because disclosing the location of vacant properties both residential and commercial could be used to encourage and aid crime. Please see full text of Section 31 of the Freedom of Information Act 2000 below:

Law enforcement.

31. (1) Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to, prejudice-

(a) the prevention or detection of crime,

(b) the apprehension or prosecution of offenders,

(c) the administration of justice,

(d) the assessment or collection of any tax or duty or of any imposition of a similar nature,

(e) the operation of the immigration controls,

(f) the maintenance of security and good order in prisons or in other institutions where persons are lawfully detained,

(g) the exercise by any public authority of its functions for any of the purposes specified in subsection (2),

(h) any civil proceedings which are brought by or on behalf of a public authority and arise out of an investigation conducted, for any of the purposes specified in subsection (2), by or on behalf of the authority by virtue of Her Majesty's prerogative or by virtue of powers conferred by or under an enactment, or

(I) any inquiry held under the Fatal Accidents and Sudden Deaths Inquiries (Scotland) Act 1976 to the extent that the inquiry arises out of an investigation conducted, for any of the purposes specified in subsection (2), by or on behalf of the authority by virtue of Her Majesty's prerogative or by virtue of powers conferred by or under an enactment.

(2) The purposes referred to in subsection (1)(g) to (I) are-

(a) the purpose of ascertaining whether any person has failed to comply with the law,

(b) the purpose of ascertaining whether any person is responsible for any conduct which is improper,

(c) the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise,

(d) the purpose of ascertaining a person's fitness or competence in relation to the management of bodies corporate or in relation to any profession or other activity which he is, or seeks to become, authorised to carry on,

(e) the purpose of ascertaining the cause of an accident,

(f) the purpose of protecting charities against misconduct or mismanagement (whether by trustees or other persons) in their administration,

(g) the purpose of protecting the property of charities from loss or misapplication,

(h) the purpose of recovering the property of charities,

(I) the purpose of securing the health, safety and welfare of persons at work, and

(j) the purpose of protecting persons other than persons at work against risk to health or safety arising out of or in connection with the actions of persons at work.

(3) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a) would, or would be likely to, prejudice any of the matters mentioned in subsection (1).

If you are unhappy with the service you have received in relation to your request and wish to make a complaint or request a review of our decision, you should write to:

Susan Smith, Information Governance Officer, Audit & Assurance department, Blackburn with Darwen Borough Council, F Floor, Town Hall, Blackburn, Lancashire, BB1 7DY

If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a decision. Generally, the ICO cannot make a decision unless you have exhausted the complaints procedure provided by the Council. The Information Commissioner can be contacted at: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Please find attached our 'have your say' feedback policy.

Regards,

[Name of Council employee removed]
Information Governance Officer, BT&IT

G Floor, Tower Block
Blackburn Town Hall
Blackburn
BB1 7DY

Tel: 01254 58 5852
Email: [email address]

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