Property and Assets and Buildings

The request was refused by Bridgend County Borough Council.

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

foi, Bridgend County Borough Council

Dear Sir/Madam

 

FREEDOM OF INFORMATION REQUEST X04-457

 

We acknowledge your request for information received on 30 July 2018.

 

We are considering your request and you should receive a response within
the statutory timescale of 20 working days, unless the information is
exempt or we require additional time to consider whether disclosure is in
the public interest in accordance with section 2 of the Freedom of
Information Act.

 

We will try to supply information in electronic format by email, but if
this is not possible we will let you know. If you have any special
requirements e.g. language, audio, large print, etc. then please let us
know.

 

The Act defines a number of exemptions which may prevent release of the
information you have requested. Before we provide the information we will
consider whether it is proper to release it and if any of the exemption
categories do apply then the information will not be released. We will
tell you if this is the case, and you will have a right 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. We will tell you if this is the case.

 

You may have to pay a fee for this information. We will consider this and
let you know. If so you will have to pay the fee before we process and
release the information.

 

If you have any queries or concerns, then please contact me directly. You
can find out more about the Act from the Information Commissioner at:

Information Commissioner’s Office – Wales 2nd Floor Churchill House
Churchill Way Cardiff

CF10 2HH

Telephone: 02920 678400 Fax: 02920 678399

Email: [email address]

Website: https://ico.org.uk/

 

Yours sincerely

 

 

Y Swyddfa Rhyddid Gwybodaeth | Freedom of Information Office

Cyfarwyddiaeth y Prif Weithredwr|  Chief Executive’s Directorate

Cyngor Bwrdeistref Sirol Pen-Y-Bont ar Ogwr | Bridgend County Borough
Council

Ffon / Phone: (01656) 643473

Ffacs / Fax: (01656) 657899

 

E-bost / E-Mail [Bridgend County Borough Council request email]

Gwefan / Website: www.bridgend.gov.uk

 

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foi, Bridgend County Borough Council

Dear Mr Patel,

 

I write further to your request made 29 July 2018. 

 

Unfortunately we are not in a position to respond at this time but will
endeavour to provide a response within the next 10 working days.

 

Please accept our apologies for the delay.

 

Yours sincerely,

 

 

Y Swyddfa Rhyddid Gwybodaeth | Freedom of Ffon / Phone: (01656) 643473
Information Office
Ffacs / Fax: (01656) 657899
Gwasanaethau Gweithredol a Phartneriaethol 
|  Operational and Partnership Services  

Cyngor Bwrdeistref Sirol Pen-Y-Bont ar Ogwr | E-bost / E-Mail
Bridgend County Borough Council [1][Bridgend County Borough Council request email]

Gwefan / Website:
[2]www.bridgend.gov.uk

 

Rydym yn croesawu gohebiaeth yn Gymraeg. Rhowch wybod i ni os mai Cymraeg
yw eich dewis iaith.

We welcome correspondence in Welsh. Please let us know if your language
choice is Welsh.

 

 

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foi, Bridgend County Borough Council

Dear Sir/Madam

 

FREEDOM OF INFORMATION REQUEST X04-457

 

We refer to your email dated 29 July 2018 which contained a request for
information as set out in italics below. Following consideration of your
request, in accordance with the Freedom of Information Act 2000, I respond
to each point as follows:

 

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.

 

Whilst the Authority holds the information requested we consider that this
is exempt under section 31(a) of the Freedom of Information Act 2000 which
states:

 

31. Law Enforcement

 

(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.

 

Section 31(1)(a) is a qualified exemption, and therefore is subject to the
Public Interest Test.

 

To use this exemption we are required to undertake a public interest test.
The matters which were considered in applying the public interest test are
as follows:

 

Factors in favour of disclosure

There is a public interest in bringing empty properties back into use.

 

Under the Freedom of Information Act 2000, there is a presumption in
favour of disclosure.

 

Factors in favour of withholding

Empty properties in the Borough have already been the target of crime
including metal theft.  Disclosing a list of the empty properties in the
Borough is likely to exacerbate the problem.

 

Properties that have been targeted will have a lesser value when marketed.

 

Providing this information would enable properties to be identified much
too easily and will increase the risk of such properties being targeted
for criminal activity including metal theft.

 

There is a clear public interest in protecting society from the impact of
crime and avoiding damage to property.

 

As well as the financial costs of crime, there are also social costs,
criminal damage reduces the quality of life in the area; neighbours would
live in fear of further crime being committed.

 

It is considered that the greater public interest, therefore, lies in not
providing the information. In coming to that conclusion, the public
interest in providing the information has been carefully weighed against
any prejudice to the public interest that might arise from withholding the
information; in all the circumstances of the case, the public interest in
maintaining the exemption outweighs the public interest in disclosing the
information. This response, therefore, acts as a refusal notice under
section 17 of the Act.

 

The Authority’s Community Asset Transfer process is currently under review
in conjunction with the Council’s CAT officer.

 

If you are dissatisfied with the handling of the request, under the
Freedom of Information Act 2000 you have the right to request a review of
the Council’s response to your request for information. If you wish to
request a review, please write to:

 

Monitoring Officer

Bridgend County Borough Council

Civic Offices,

Angel Street

Bridgend, CF31 4WB

 

within 28 days of the date of this letter. If you remain dissatisfied with
the outcome of that review, you may seek further recourse by lodging an
appeal with the Information Commissioner at:

 

Information Commissioner’s Office – Wales

2^nd Floor

Churchill House

Churchill Way

Cardiff

CF10 2HH

Tel: 02920 678400

Fax: 02920 678399

E:mail : [1][email address]

Website: [2]www.ico.org.uk

 

Yours sincerely

 

 

Y Swyddfa Rhyddid Gwybodaeth | Freedom of Ffon / Phone: (01656) 643473
Information Office
Ffacs / Fax: (01656) 657899
Gwasanaethau Gweithredol a Phartneriaethol |
Operational and Partnership Services  

Cyngor Bwrdeistref Sirol Pen-Y-Bont ar Ogwr | E-bost / E-Mail
Bridgend County Borough Council [3][Bridgend County Borough Council request email]

Gwefan / Website:
[4]www.bridgend.gov.uk

 

Rydym yn croesawu gohebiaeth yn Gymraeg. Rhowch wybod i ni os mai Cymraeg
yw eich dewis iaith.

We welcome correspondence in Welsh. Please let us know if your language
choice is Welsh.

 

 

Y Swyddfa Rhyddid Gwybodaeth | Freedom of Ffon / Phone: (01656) 643319
Information Office
Ffacs / Fax: (01656) 657899
Gwasanaethau Gweithredol a Phartneriaethol |
Operational and Partnership Services  

Cyngor Bwrdeistref Sirol Pen-Y-Bont ar Ogwr | E-bost / E-Mail
Bridgend County Borough Council [5][Bridgend County Borough Council request email]

Gwefan / Website:
[6]www.bridgend.gov.uk

 

Rydym yn croesawu gohebiaeth yn Gymraeg. Rhowch wybod i ni os mai Cymraeg
yw eich dewis iaith.

We welcome correspondence in Welsh. Please let us know if your language
choice is Welsh.

 

[7]Ewch i'n gwefan newydd a chofrestrwch a gyfer Fy Nghyfrif heddiw. Visit
our new website and sign up to My Account today.

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