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Property and Assets and Buildings

Viran Patel made this Freedom of Information request to Dudley Council as part of a batch sent to 500 authorities

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

We're waiting for Viran Patel to read recent responses and update the status.

Dear Organisation,

I would like to know a full list of Vacant Properties held by your organisation and any of its subsidiaries.

If possible their market value for sale or to let, whether they would be considered for a community asset transfer, if not then whether they are for sale or to let. In a clear and easy to read format. It would be supportive if the property is for sale or to let that it is listed on here too: https://e-pims.cabinetoffice.gov.uk/gove... and that you inform us of this intention or such listing in the request.

In the previous case in Voyias v IC and LB Camden (EA/201v1/0007), the requesters asked for substantially similar information, and the judge favoured disclosure. I appreciate the circumstances here are quite different, but the same principles should apply.

I understand there is a risk that your empty properties would be targeted by squatters should this the list of empty properties be public, but this is a very slim risk. The prejudice to law enforcement should be real, likely and substantial, as per Hogan v the ICO and Oxford City Council. I can assure you that my request is not sent in order to cause trouble for the authority, it is predominantly for my own research, with publication as part of campaigning materials. I am concerned at the sale of public assets, not a not an advocate for their illegal occupation. I would also say that I cannot imagine the disclosure of this list of properties to significantly affect a squatting problem that pre-existed my interest in the organisation. Overall the prejudice to law enforcement is very slim, and not severe. Since 12 months will be the time that this information will be released onto this site, unless others request this information separately. The requester is not liable for any issues that may arise in between or after.

It is in the public interest and transparency that this information is made publicly available under the public sector duty under the equality act allowing people to know of this information and make use of it under the Community Asset Transfer scheme and under the Human Rights Act Article 11 enabling the community to gather and make decisions on the allocation of such assets.

Yours faithfully,

Viran Patel

Dudley Triggers, Dudley Council

Dear Viran Patel,

Information Access Request - Information Request DMBCIR:18173
Description : Property and Assets and Buildings

I acknowledge your request for information received on 2018-07-29
15:57:00.

Your request is being considered and you will receive the information
requested within the statutory timescale of 20 working days (Freedom of
Information Act 2000/Environmental Information Regulations) or 1 month
from receipt (Data Protection access requests).

For your information, the Acts and Regulations define a number of
exemptions which may prevent release of the information you have
requested. There will be an assessment and if any of the exemption
categories apply then the information may not be released. In some
circumstances the decision to release information, or not, will be based
on a public interest test. You will be advised of any considerations,
subsequent decisions and your rights of appeal.

If the information you request contains reference to a third party then
they may be consulted prior to a decision being taken on whether or not to
release the information to you. You will be informed if this is the case,
including your rights of appeal.

Unless otherwise requested the information may be provided in electronic
format, paper copy, normal font size. If you require alternative formats,
e.g. language, audio, large print, etc. then please let me know.

There may be a fee payable for this information. This will be considered
and you will be informed if a fee is payable. In this event the fee must
be paid before the information is processed and released. The time limit
for responses is suspended until receipt of the payment.

If you have any queries or concerns then please contact the Information
Governance Officer at Dudley MBC, The Council House, Dudley, West
Midlands, DY1 1HF, telephone 0300 555 8283, e-mail
[Dudley Metropolitan Borough Council request email] .

Please remember to quote the reference number above in any future
communications.

Most of the information that we provide in response to Freedom of
Information/Environmental Information requests will be subject to
copyright protection. In most cases the copyright will be owned by Dudley
MBC. The copyright in other information may be owned by another person or
organisation, as indicated in the information itself. 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 the purposes of
news reporting. However, any other type of re-use, for example, by
publishing the information or issuing copies to the public will require
the permission of the copyright owner.

For information where the copyright is owned by the Council details of the
conditions on re-use can be found on our website at www.dudley.gov.uk.

For information where the copyright is owned by another person or
organisation, you must apply to the copyright owner to obtain their
permission.

Yours sincerely,

The Information Governance Team
Council House
Priory Road
Dudley
West Midlands
DY1 1HF
[Dudley Metropolitan Borough Council request email]

Information Governance, Dudley Council

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Corporate Information Governance Team
3/5 St James’s Road, Dudley West Midlands. DY1 1HP
Tel: (01384) 815607  Fax: (01384) 815660
Email:[Dudley Metropolitan Borough Council request email]
[1]www.dudley.gov.uk
 

Our ref: 18173 Direct Line: 01384 815616 Date: 31/07/2018

 
 
Dear Viran Patel,
 
Freedom Of Information Act 2000 - Information Request 18173
 
I acknowledge your request for information received on 29/07/2018. Our
response is as follows:
 
Request
 
I would like to know a full list of Vacant Properties held by your
organisation and any of its subsidiaries.
 
If possible their market value for sale or to let, whether they would be
considered for a community asset transfer, if not then whether they are
for sale or to let. In a clear and easy to read format. It would be
supportive if the property is for sale or to let that it is listed on here
too:
[2]https://e-pims.cabinetoffice.gov.uk/gove...
and that you inform us of this intention or such listing in the request.
 
Response 
 
The information you have requested is contained within the Council's
Publication Scheme which can be found on the Dudley Council website,
[3]www.dudley.gov.uk
 
All properties available for sale or let are listed as follows:
 
[4]http://www.dudley.gov.uk/business/do-bus...
 
If any individual/group wishes to apply for a Community Asset Transfer of
any of the available properties the guidance is also available on the DMBC
website:
 
[5]http://www.dudley.gov.uk/community/consu...
 
We do not currently provide the list on the e-pims website, but the above
should be sufficient to answer your request.
 
If you do have difficulty in accessing the information please contact
Dudley Council Plus on 0300 555 2345 who will be able to assist you.
 
For your information this letter constitutes a refusal notice under
Section 17 of the Freedom of Information Act and an exemption under
Section 21 of the Act is being applied, namely the information is
accessible by other means, e.g. the Publication Scheme.
 
If you are unhappy with the service you have received in relation to your
request and wish to make a comment or complaint, or request a review of
the decision, you should write to the Freedom of Information Officer at
Dudley MBC, The Council House, Dudley, West Midlands, DY1 1HF, telephone
0300 555 2345, e-mail [6][Dudley Metropolitan Borough Council request email]. 
 
Please remember to quote the reference number above in any future
communications.
 
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 Dudley MBC.
 
The Information Commissioner may be contacted at:
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow 
Cheshire 
SK9 5AF
Telephone:   01625 545 700
[7]www.ico.org.uk
 
Most of the information that we provide in response to Freedom of
Information Act 2000 requests will be subject to copyright protection.  In
most cases the copyright will be owned by Dudley MBC.  The copyright in
other information may be owned by another person or organisation, as
indicated in the information itself.  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 the purposes of news
reporting.  However, any other type of re-use, for example, by publishing
the information or issuing copies to the public will require the
permission of the copyright owner.
 
For information where the copyright is owned by the Council details of
the conditions on re-use can be found on our website at
[8]www.dudley.gov.uk.
 
For information where the copyright is owned by another person or
organisation, you must apply to the copyright owner to obtain their
permission.
 
Yours sincerely,
 
Sarah Lewis
Information Governance Officer
01384 815616
 
 
 
 
 
 
 
 
 
This Email and any attachments contains confidential information and is
intended solely for the individual to whom it is addressed. If this Email
has been misdirected, please notify the author as soon as possible. If
this email has a protective marking of OFFICIAL – SENSITIVE, PROTECT or
RESTRICTED in its title or contents, the information within must be
subject to appropriate safeguards to protect against unauthorised or
unlawful processing and against accidental loss or destruction or damage.
OFFICIAL – SENSITIVE, PROTECT and RESTRICTED information should only be
further shared where there is a legitimate need. If you are not the
intended recipient you must not disclose, distribute, copy, print or rely
on any of the information contained, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this e-mail may nevertheless contain
viruses which our anti- virus software has failed to identify. You should
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References

Visible links
1. http://www.dudley.gov.uk/
2. https://e-pims.cabinetoffice.gov.uk/gove...
3. http://www.dudley.gov.uk/
4. http://www.dudley.gov.uk/business/do-bus...
5. http://www.dudley.gov.uk/community/consu...
6. mailto:[Dudley Metropolitan Borough Council request email]
7. http://www.ico.org.uk/
8. http://www.dudley.gov.uk/

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