Dear Nath,

Thank you for your request for information regarding the rear wall at Bankside, Blackburn, BB2 3TB (reference number 01492). Your request was received on the 16/12/2016 and I am dealing with it under the terms of the Freedom of Information Act 2000 and/or 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 request, please contact Information Governance on 01254 585651. Alternatively, our email address is [Blackburn with Darwen Borough Council request email].

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

Kind Regards,

Information Governance Team
Blackburn with Darwen Borough Council

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Dear Nath,

Thank you for your request for information regarding the rear wall at Bankside, Blackburn, BB2 3TB (reference number 01492). The Council are unaware of the owners of the wall and we have no legal obligation to hold this information. In relation to communications, we would need direction on this as a blanket search across the Council would exceed the appropriate limit and exempt it under Section 12 of the FOIA or 12(4)(b) Manifestly Unreasonable of the Environmental Information Regulations 2004. If you have any queries regarding your request for information then please don’t hesitate to contact us.

If you are unhappy with the service you have received in relation to your request for information and wish to make a complaint or request a review of our decision, you should write to: Information Governance Manager, Information Governance, Blackburn with Darwen Borough Council, G Floor, Town Hall, Blackburn, Lancashire, BB1 7DY or email [Blackburn with Darwen Borough Council request email].

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.

Kind Regards,

Information Governance Team
Blackburn with Darwen Borough Council

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Dear Nath,

Thank you for your request for information regarding the rear wall at Bankside, Blackburn, BB2 3TB (reference number 01492). Due to volume of information are you happy for us to place the documents on a disc and post to your home address?

Kind Regards,

Information Governance Team
Blackburn with Darwen Borough Council

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Dear Nathan

Thank you for your request for an internal review in relation to the handling of your freedom of information request reference FOI-01492;
' The rear wall at Bankside, Blackburn, BB2 3TB'

In your request for an internal review you state:
'I wish to check all exemptions were correct applied as there is lots of redacted information'

Your original initial request of 15th December, namely ' Please provide with me with all the information you have regarding the rear wall at Bankside, Blackburn, BB2 3TB ' was refused on the grounds it was manifestly unreasonable. Therefore you resubmitted your request on the 20th December 2016 refining it to 'Information held by Building Control and Legal Services'.

Within this refined disclosure, it was explained to you that we were able to issue you with some of the the information that you requested but, there remained some information that fell into exempted categories and would therefore be refused.

These exempted categories included:

• Personal data, such as names of other residents and officer mobile telephone numbers for which 'Regulation 13: Personal information' under the Environmental Information Regulations applied, or;

• Legal advice covered by legal professional privilege for which 'Regulation 12(5)(b): The course of justice and inquiries' under the Environmental Information Regulations applied.

As such, any elements within the disclosure that related to personal data defined as not belonging to yourself would require to be redacted, as would any advice/correspondence between Legal professional services and the Council that related to this matter.

A Public Interest test was carried out, where considerations as to whether to withhold or disclose information falling under these categories were made. The Lead Officer's decision was to withhold the redacted information as identified by the Information Governance team as this was defined as information falling within the 2 categories stated above. I am subsequently satisfied that the exemptions were correctly applied in this instance.

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. 

Kind Regards,

Information Governance Manager
Blackburn with Darwen Borough Council

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