Rationale behind a planning decision

The request was partially successful.

Dear Bath and North East Somerset Council,

(I can't get easy confirmation if a previous submission via the BANES website has actually worked and can't get in touch with the team so please disregard duplicates and consider only one request)

With regards to planning application: 17/03101/FUL

In the mindset of lodging an application for a Judicial Review regarding the decision, please could you provide:

1. All emails, records, minutes, notes, rationale etc that lead to the decision to permit the development by the case officer, beyond the delegated report

2. All emails, records, minutes, notes, conclusions drawn from the site visit by the case officer and/or planning team beyond the delegated report

3. All emails, records, minutes, notes, rationale behind the approval of the request by the approving officer, beyond the delegated report

Please consider I have a six week timescale to lodge this action. I can contact the team directly if you provide contact information if there are issues in disclosing names on a public forum.

Any questions, please get in touch.

Yours faithfully,

Tom Clare

Information Governance, Bath and North East Somerset Council

Dear Mr Clare,

 

Freedom of Information Act 2000

 

Thank you for your requests for information (the most recent of which is
as below) that were received on the 30^th August 2017. Apologies for our
delayed acknowlegement, however we can confirm that your requests are
being dealt with under the Freedom of Information Act 2000.

 

Under the Freedom of Information Act 2000 a public authority has 20
working days to respond to a request from the date it was received. 
Accordingly you will receive our full response in due course.

 

Yours sincerely,

 

Information Governance Team

Risk and Assurance Services

Bath & North East Somerset Council

Telephone: 01225 396658

[1]www.bathnes.gov.uk

 

Bath & North East Somerset – The place to live, work and visit 

 

Please consider the environment before printing this email.

 

Dear Information Governance,

Thank you. I look forward to hearing from you.

Yours sincerely,

Tom Clare

Information Governance, Bath and North East Somerset Council

2 Attachments

Dear Mr Clare,

 

Thank you for your recent requests for information. Please find enclosed
the information you are entitled to receive under the (legislation).

 

I trust that we have answered your queries, however if you have any
further questions please do not hesitate to contact us.

 

If you are unhappy with the response to your request, you may ask for an
internal review within 40 working days of receipt of this request. Please
contact the Divisional Director – Risk and Assurance Services, Mr Jeff
Wring at the Guildhall, High St, Bath BA1 5AW
[1]mailto:[email address].

 

If you are not content with the outcome of the internal review, you have
the right to appeal directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at Wycliffe House,
Water Lane, Wilmslow, Cheshire, SK9 5AF [2]www.ico.org.uk

 

Please refer to the disclaimer regarding reuse which can be found on the
Council website at:

[3]http://www.bathnes.gov.uk/services/your-...

 

Yours sincerely

 

 

Information Governance Team

Risk and Assurance Services

Bath & North East Somerset Council

Telephone: 01225 396658

[4]www.bathnes.gov.uk

 

Bath & North East Somerset – The place to live, work and visit

 

Please consider the environment before printing this email

 

 

 

From:  Tom Clare <[FOI #427677 email]>

Sent:    30 August 2017 11:05

To:       Information Governance

Subject:           Freedom of Information request - Rationale behind a
planning decision

 

Dear Bath and North East Somerset Council,

 

(I can't get easy confirmation if a previous submission via the BANES
website has actually worked and

can't get in touch with the team so please disregard duplicates and
consider only one request)

 

With regards to planning application: 17/03101/FUL

 

In the mindset of lodging an application for a Judicial Review regarding
the decision, please could you

provide:

 

1. All emails, records, minutes, notes, rationale etc that lead to the
decision to permit the development

by the case officer, beyond the delegated report

 

2. All emails, records, minutes, notes, conclusions drawn from the site
visit by the case officer and/or

planning team beyond the delegated report

 

3. All emails, records, minutes, notes, rationale behind the approval of
the request by the approving

officer, beyond the delegated report

 

Please consider I have a six week timescale to lodge this action. I can
contact the team directly if you

provide contact information if there are issues in disclosing names on a
public forum.

 

Any questions, please get in touch.

 

Yours faithfully,

 

Tom Clare

 

 

References

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3. http://www.bathnes.gov.uk/services/your-...
4. http://www.bathnes.gov.uk/

Tom Clare left an annotation ()

Nothing of particular use was returned above some redacted objections and the publically available reported, which went against what I was asking for.

I believe the planning officer made a lazy decision and failed to substantively consider the objections raised by the community in a substantive way, other than some lazy copy and paste paragraphs from a study and no consideration beyond "it doesn't have an effect", with no explanation why.

By offering some more information behind why the planning officer reached these conclusions and providing some confidence that this wasn't knocked out quickly in response to clearing a case load this would have given confidence that although I objected to the application the evidence was effectively considered.

The report provided does not give faith in the planning system that BANES currently operate is fit for purpose, and by in large, regardless of what is raised, the community have very little say in what goes on in their local area as great effort was gone to explain the reasons above and beyond "development is bad", which I don't agree with.

I'm underwhelmed with the information provided, and dissapointed that the planning officer swerved this information request to stand up to proper public scrutiny and find it unfortunate that she, and her team will continue to be applying policy with poor consideration of any evidence presented, that does not act in the interest of a city rapidly becoming dominated by HMO's and losing community character in more and more areas.

A real shame, and a lesson that I hope she considers for future cases.

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