Reports of Residential Noise Disturbances and Complaints in Cheshire
Dear Cheshire Constabulary,
I am writing to request information regarding the number of residential noise disturbances and residential noise complaints reported in the Cheshire district between January 1st 2018 and April 18th 2023.
Yours faithfully,
Emily Pinch
Dear Requester,
We acknowledge receipt of your correspondence received 18/04/2023 00:00:00
which is being dealt with as a request for information in accordance with
the Freedom of Information Act 2000 or the Environmental Information
Regulations.
We are in the process of dealing with your request and will respond in due
course and in any case by 18/05/2023 00:00:00.
Please note if we require further details to identify and locate the
requested information we will contact you for clarification via email. If
clarification is required please be aware the 20 working day clock will
start the day the Constabulary receives the necessary clarification.
Please contact us by email at [email address] if you have
any further enquiries.
Regards
The Requests Team
Information Compliance
Cheshire Constabulary HQ
Clemonds Hey
Oakmere Road
Winsford
Cheshire
CW7 2UA
Tel - 01606 362384
This communication is intended for the addressee(s) only. Please notify
the sender if received in error. Internet email is not to be treated as a
secure means of communication. The Constabulary monitors all Internet and
email activity and requires it is used for official communications only.
Thank you for your co-operation.
Dear E. Pinch
YOUR REQUEST:
I am writing to request information regarding the number of residential
noise disturbances and residential noise complaints reported in the
Cheshire district between January 1st 2018 and April 18th 2023.
OUR RESPONSE:
In accordance with section 1(1) (b) of the Act, our response is as
follows:
Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities. Unless exemptions apply, the first duty at
s1(1)(a) is to confirm or deny whether the information specified in a
request is held. The second duty at s1(1)(b) is to disclose information
that has been confirmed as being held. Where exemptions are relied upon
Section 17 of the FOIA requires that we provide the applicant with a
notice which: a) states that fact; b) specifies the exemptions in question
and c) state (if that would not otherwise be apparent) why the
exemption(s) applies.
From our preliminary assessment we are unable to provide this as it would
exceed the appropriate costs limit under section 12 of the Freedom of
Information Act 2000. This is currently £450. The basis for this
calculation is the cost of retrieving the data to answer your questions.
To obtain the relevant information relating to the above request we would
need to manually review all ASB (Anti-Social Behaviour) incidents to
establish if any related to a residential noise complaint. There are in
excess of 104,000 incidents which would require review for the period
requested. It would take one member of staff approximately 5 minutes per
record equating to far in excess of 18 hours of work. Your entire request
is therefore refused.
The appropriate limit is defined in the Data Protection and Freedom of
Information (Fees and Appropriate Limit) Regulations 2004, which is
covered by statutory Instrument Number 3244 of 2004. Furthermore, Section
12 of the Freedom of Information Act 2000 allows a public authority to
refuse to respond to a request for information where the cost of
compliance would exceed the appropriate limit as defined by the above
mentioned regulations.
Unfortunately on this occasion I am unable to offer you any advice on how
this request could be redefined within cost for the reasons stated above.
If you are not satisfied with the decision applied in this case I enclose
for your attention a copy of the Constabulary's appeal procedures.
Regards
Sandra Graham – Data Protection Advisor
Cheshire Constabulary and Cheshire Fire & Rescue Service Joint Corporate
Services
Clemonds Hey | Oakmere Road | Winsford | Cheshire | CW7 2UA
Phone: Ext 2384 | Email: [1][email address]
Visit [2]www.cheshire.police.uk | [3]www.cheshirefire.gov.uk
Follow [4]@cheshirepolice and @CheshireFire on Twitter
Like [5]Cheshire Police and Cheshire Fire and Rescue Service on Facebook
References
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1. mailto:[email address]
2. http://www.cheshire.police.uk/
3. http://www.cheshirefire.gov.uk/
4. http://www.twitter.com/cheshirepolice
5. http://www.facebook.com/cheshirepolice
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