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Property and Assets and Buildings

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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

Freedom of Information, Torbay Borough Council

1 Attachment

Dear Viran Patel


Thank you for your request for information, which was received on 6 August
2018. We are currently processing your request and will contact you within
20 working days.


If you have any queries regarding your request, please do not hesitate to
contact us, quoting the reference number above in all communications.


Yours sincerely


Bee Laithwaite

Information Compliance Support Officer

Torbay Council

Torquay Town Hall

Castle Circus



01803 207177

*: [1][email address]



The Information Compliance Team will aim to acknowledge correspondence
within 3 working days unless a restriction is in place.


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Freedom of Information, Torbay Borough Council

1 Attachment

Dear Viran Patel


Further to your request received on 6 August 2018, I confirm that Torbay
Council has now considered your request under the Freedom of Information
Act 2000.


Our response is attached.


The information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988. You are free to use it for your
own purposes, including any non-commercial research you are doing and for
the purpose of news reporting. Any other re-use, for example commercial
publication, would require the permission of the copyright holder.


Torbay Council publishes Access to Information requests and responses on
its online Disclosure Log. Only requests deemed to be in the public
interest will be included and any request included within this log will be
de-personalised accordingly.


To view the Council’s Disclosure Log, please visit


If you have any queries about this email please do not hesitate to contact
me directly, quoting the reference number listed at the top of this letter
in all communications.


If you are unhappy with the Council’s response to your request you may
request an Internal Review, your request must be made in writing setting
out the reasons you are unhappy within 40 working days of receiving the
response, you can request an Internal Review by writing to Information
Compliance, Town Hall, Castle Circus, Torquay, TQ1 3DR.


If after going through the Council’s Internal Review process you are still
not satisfied, you can contact the Information Commissioner direct.


Information Helpline: 0303 123 1113
Commissioner 01625 545 745
Wycliffe [2][email address]
House Email:
Water Lane Website:


Cheshire SK9


Yours sincerely


Information Compliance

Torbay Council
Information Compliance
Room FF 276
Town Hall

Tel: 01803 207056




Please note...
Communications with Torbay Council may be monitored and/or recorded for
lawful purposes. This email is confidential and may also be privileged. If
you are not the intended recipient please notify the sender and delete the
message from your system immediately. The views in this message are
personal; they are not necessarily those of Torbay Council.


Visible links
1. http://www.torbay.gov.uk/disclosurelog
2. mailto:[email address]
3. http://www.ico.org.uk/

Dear Torbay Borough Council,

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

I am writing to request an internal review of Torbay Borough Council's handling of my FOI request 'Property and Assets and Buildings'.

The FOI was not answered properly epims is not upto date and neither were there links sent to the property available. The public interest now outweighs. Please answer all my questions.

Yours faithfully,

Viran Patel

Torbay Council, Torbay Borough Council

Dear Viran Patel
Case 334346
Thank you for your email received on 11 September 2018.
As a result of your complaint we will be carrying out an internal review.

An officer, not involved in the original case, will reconsider your
request for information under the Freedom of Information Act 2000 and
notify you of their decision by 8 October 2018. If it is not possible for
us to reply by this date, we will write to you and inform you of the date
you can expect your reply and the reason for the delay.
Should you not hear from us when you expect, or have any queries, please
do not hesitate to contact us.
Yours faithfully

Bee Laithwaite
Information Compliance Support Officer
Torbay Council
(01803 207177
* Torquay Town Hall, Castle Circus, Torquay, TQ1 3DR

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Torbay Council, Torbay Borough Council

Reference: 334346
Dear Sir/Madam
Case 334346
Further to your complaint received on 11 September 2018 I have been asked
to undertake a review of the response to your request for information
under the Freedom of Information Act 2000 request ref: 18190778.

Your original request was for a full list of vacant properties held by
Torbay Council and any of its subsidiaries.  An exemption was applied to
your request (section 21 Freedom of Information Act) as the information
requested is reasonably accessible online. You were provided with a link
to the information though you say that the link was not provided.

I will add the link again for you below. If you unable to access the web
page from the link  you can copy and paste it into your web browser.


Once you have accessed the web page the information that you have
requested can be found by expanding the 'data published annually' section
and within the documents entitled 'Torbay Council Land and Building
Assets' and 'TDA Land and Building Assets' you will find vacant properties
listed.  TDA stands for Torbay Development Agency which is a company
wholly owned by Torbay Council.

Kindly note that in accordance with the Local Government Transparency Code
2015 the Council is not required to publish the map reference or full
address details for vacant properties, only the first part of the

Finally, Torbay Council has registered with the e-pims system and officers
are currently working to upload data to the system but this is very much a
work in progress. It is not up to date.

The Public Interest Test

As the exemption applied to your request is an absolute exemption there is
no requirement to consider the public interest test on this occasion. The
information that you have requested is reasonably accessible online.


In light of the above I am satisfied that you were provided with the
correct response to your request and I am unable to uphold your complaint.

If you remain unhappy with the outcome of your internal review, you are
entitled to refer your complaint to the Information Commissioner's Office
(ICO) for a decision.

The ICO can be contacted at: 
Information Commissioner's Office
Wycliffe House
Water Lane
SK9 5AF or [2]www.ico.org.uk
Yours faithfully

Samantha Goodwin
Senior Lawyer
Torbay Council

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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.