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Request for information relating to a planning application

Lawrence Victor Odell made this Freedom of Information request to Buckinghamshire Council

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Lawrence Victor Odell

Dear Buckinghamshire Council,

I formally request information relating to

Submission of details pursuant to Condition 7 (hard and soft landscaping, detail of external lighting, foul surface drainage, refuse and play area) relating to Planning Permission 16/03442/AP and Discharge 16/A3442/DIS

The information should include minutes of meetings, transcripts of calls, formal and informal information exchanged between officers, employees, councillors and third-parties and agencies, email, instant messages, and all other information howsoever held, including all information generated before the formal application process was started.

The information should include that held by Buckinghamshire Council and the former Aylesbury Vale District Council

Yours faithfully,

Lawrence Odell

Buckinghamshire Council

 

 

 

 

Dear Lawrence Odell

 

Thank you for your information request received on 04 June 2021.

 

We can confirm receipt of your request for information and will handle it
under the most appropriate legislation.  

Your case reference number is FOI 25783

 

You can expect to receive a response by 02 July 2021.

 

The Council will be in touch if we need any further information.

 

Yours sincerely,

Information Management Team

Buckinghamshire Council

[1][Buckinghamshire Council request email]

[2]A Little Longer

DISCLAIMER FOR BUCKINGHAMSHIRE COUNCIL

Any views expressed in this email are those of the individual sender and
are not necessarily those of Buckinghamshire Council unless explicitly
stated.

This email and any attachments may contain confidential or privileged
information and is intended solely for the use of the individual or entity
to whom it is addressed. Any confidential, sensitive or protectively
marked material must be handled accordingly.

If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in the email or
attachments, and all copies must be deleted immediately. If you do receive
this email in error please notify the sender immediately and note that
confidentiality or privilege is not waived or lost. 

Buckinghamshire Council may monitor the contents of emails sent and
received via its network for the purposes of ensuring compliance with
relevant legislation and the Council’s policies and procedures. All such
monitoring will take place in accordance with relevant legislation
including privacy and data protection legislation. For details of how
Buckinghamshire Council uses personal information please see the Council’s
website.

Buckinghamshire Council has scanned this email and attachments for viruses
but does not accept any responsibilities for viruses once this email has
been transmitted. You should therefore carry out your own anti-virus
checks before opening any documents.

References

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1. mailto:[Buckinghamshire Council request email]

Buckinghamshire Council

Dear Lawrence Odell

 

Thank you for your request for information received on 08 June 2021
concerning Planning Permission 16/03442/AP Oaksview Park Arncott Road
Boarstall and Discharge 16/A3442/DIS.

Under the Environmental Information Regulations, Regulation 7(1) provides
that where a request is particularly voluminous or complex, the public
authority may extend the time for compliance for making the information
available. In this case, due to the scope of the request and the
information covered, I am writing to inform you The Council will need to
extend the time for compliance for making the information available
from 20 working days to 40 working days. However, I hope to be able to
provide a response within the next two weeks.  Apologies for this delay. 

 

Yours sincerely

A Roscoe

Freedom of Information Manager

[1][Buckinghamshire Council request email]

 

[2]A Little Longer

DISCLAIMER FOR BUCKINGHAMSHIRE COUNCIL

Any views expressed in this email are those of the individual sender and
are not necessarily those of Buckinghamshire Council unless explicitly
stated.

This email and any attachments may contain confidential or privileged
information and is intended solely for the use of the individual or entity
to whom it is addressed. Any confidential, sensitive or protectively
marked material must be handled accordingly.

If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in the email or
attachments, and all copies must be deleted immediately. If you do receive
this email in error please notify the sender immediately and note that
confidentiality or privilege is not waived or lost. 

Buckinghamshire Council may monitor the contents of emails sent and
received via its network for the purposes of ensuring compliance with
relevant legislation and the Council’s policies and procedures. All such
monitoring will take place in accordance with relevant legislation
including privacy and data protection legislation. For details of how
Buckinghamshire Council uses personal information please see the Council’s
website.

Buckinghamshire Council has scanned this email and attachments for viruses
but does not accept any responsibilities for viruses once this email has
been transmitted. You should therefore carry out your own anti-virus
checks before opening any documents.

References

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1. mailto:[Buckinghamshire Council request email]

Freedom of Information, Buckinghamshire Council

10 Attachments

Dear Mr Odell

 

Thank you for your request for information concerning Oaksview Park,
Boarstall.

 

This request has been handled under the Environmental Information
Regulations (EIR) 2004. We can confirm that Buckinghamshire Council does
hold information falling within the description specified in your request.
Please see your request and our response below.

 

YOUR REQUEST

 

I formally request information relating to

 

Planning Permission 16/03442/AP Oaksview Park Arncott Road Boarstall and
Discharge 16/A3442/DIS

 

Submission of details pursuant to Condition 7 (hard and soft landscaping,
detail of external lighting, foul surface drainage, refuse and play area)
relating to Planning Permission 16/03442/AP and Discharge 16/A3442/DIS

 

The information should include minutes of meetings, transcripts of calls,
formal and informal information exchanged between officers, employees,
councillors and third-parties and agencies, email, instant messages, and
all other information howsoever held, including all information generated
before the formal application process was started.

 

The information should include that held by Buckinghamshire Council and
the former Aylesbury Vale District Council

 

OUR RESPONSE

 

Information Storage 

By way of introduction it might be useful to clarify how Planning
information is stored.  Local Authorities have a legal duty to make
available certain details relating to planning applications as a public
register (Town and Country Planning Act 1990 and the Town and Country
Planning (Development Management Procedure) Order 2015).  This is
published online and in the case of this Planning Permission and
Discharge, they can be viewed using public access: 

 

[1]https://publicaccess.aylesburyvaledc.gov...

 

E-mails sent to and from Councillors, or council officers using a council
e-mail account are as a matter of course accessible only by the person who
has sent or received them.  The Council has no central document management
system, or corporate means of “filing” e-mails as such.  Officers are also
encouraged to keep such electronic documents only as long as is absolutely
necessary. 

 

General “day-to-day” emails regarding a particular planning application
are not as a matter of course retained.  Similarly notes would not
normally be kept of telephone conversations or discussions with colleagues
regarding any particular application. 

 

On the Public Access Planning Application Search pages, you can enter
a keyword, reference number, postcode or single line of an address and
click search to return results of all correspondence associated with that
application number.

 

With regard to documents that are not already in the public domain, please
see the attached. Please note that a couple of emails have been withheld
under Regulation 12(4)(e ) of the EIR – internal communications. This
exception is subject to the public interest test i.e. we must consider the
factors in favour of disclosure against the factors in favour of
maintaining the exception. The Council recognise that there is a public
interest in the Council acting openly and transparently in all planning
matters - however, as the withheld emails concern internal discussions
about a site visit, we consider there is little public interest in their
disclosure. Furthermore, officers should be able to have a “safe space” in
which to make such arrangements, away from public scrutiny.

 

Other redactions have been made in accordance with Regulation 12(3) and 13
of the EIR. When information is the personal data of someone other than
the applicant (i.e. the information requester), Regulation 12(3) requires
the authority not to disclose that personal data, except in accordance
with regulation 13.

 

Regulation 13 provides an exemption from disclosure for information that
is (a) the personal data of an individual other than the requester and (b)
where disclosure would breach any of the data protection principles in
Article 5 of the General Data Protection Regulation (GDPR).

 

It is our opinion that (a) is satisfied because the information requested
relates to personal information.

 

It is our opinion (b) is also satisfied because disclosure would breach
the data protection principle in Article 5(1)(a) of the GDPR. Article
5(1)(a) requires that personal information is processed lawfully, fairly
and in a transparent manner; processing includes disclosure. In general,
fairness means that you should only handle personal data in ways that
people would reasonably expect and not use it in ways that have
unjustified adverse effects on them.

 

(By the way, as the response will be published on the What Do They Know
website, I’ve taken the liberty of redacting your own mobile number on
document 7 in case you didn’t want this put in the public domain).

 

If you have any queries about this response, please contact us. Please
remember to quote the reference number provided in the subject line of
this email in any future communications.

 

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of our decision,
you can contact us at [2][Buckinghamshire Council request email] or by
writing to us at Information Governance, Buckinghamshire Council, The
Gateway, Gatehouse Road, Aylesbury, HP19 8FF.

 

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner’s Office (ICO) for a decision.
Generally, the ICO cannot make a decision unless you have exhausted the
internal review procedure provided by Buckinghamshire Council. You can
contact the ICO via their website [3]https://ico.org.uk/make-a-complaint/
or by writing to them at Information Commissioner's Office, Wycliffe
House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Alternatively, you can
phone them on 0303 123 1113.

 

Yours sincerely

 

Francisca Harpur

Senior Information Request Officer

Deputy Chief Executive Directorate

Buckinghamshire Council

 

01296 585771

[4][Buckinghamshire Council request email]

 

The Gateway, Gatehouse Road, Aylesbury, Bucks, HP19 8FF

 

 

[5]Thank you

DISCLAIMER FOR BUCKINGHAMSHIRE COUNCIL

Any views expressed in this email are those of the individual sender and
are not necessarily those of Buckinghamshire Council unless explicitly
stated.

This email and any attachments may contain confidential or privileged
information and is intended solely for the use of the individual or entity
to whom it is addressed. Any confidential, sensitive or protectively
marked material must be handled accordingly.

If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in the email or
attachments, and all copies must be deleted immediately. If you do receive
this email in error please notify the sender immediately and note that
confidentiality or privilege is not waived or lost. 

Buckinghamshire Council may monitor the contents of emails sent and
received via its network for the purposes of ensuring compliance with
relevant legislation and the Council’s policies and procedures. All such
monitoring will take place in accordance with relevant legislation
including privacy and data protection legislation. For details of how
Buckinghamshire Council uses personal information please see the Council’s
website.

Buckinghamshire Council has scanned this email and attachments for viruses
but does not accept any responsibilities for viruses once this email has
been transmitted. You should therefore carry out your own anti-virus
checks before opening any documents.

References

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1. https://eur03.safelinks.protection.outlo...
2. mailto:[Buckinghamshire Council request email]
3. https://eur03.safelinks.protection.outlo...
4. mailto:[Buckinghamshire Council request email]

Lawrence Victor Odell

Dear Freedom of Information,
I do not accept that the documents provided by Buckinghamshire Council represent all those requested and that those received have been selectively screened.

Example 1. Correspondence between planning Officers and Lucy Bee of the Environment Agency.

Example 2. Correspondance and details relating to the legal position of the site and enforcement of the conditions, the legal consultation has been confirmed to be by:
Andrew Small - Director AVDC
Peter Brown, Interim Group Manager - Regulatory Services AVDC
Cllr Warren Whyte
Cllr Michael Rand

Example 3. Not site visit reports have been supplied

Yours sincerely,

Lawrence Victor Odell

Buckinghamshire Council

Dear Lawrence Odell

 

Thank you for your request for a review received on 2 August concerning
FOI 25783 about Planning Permission 16/03442/AP Oaksview Park Arncott Road
Boarstall and Discharge 16/A3442/DIS.

 

I am sorry that you are dissatisfied with our attempts to handle your
request under the Environmental Information Regulation 2004.

 

I can confirm that we are considering your concerns and we will aim to
provide you with a response within 20 working days.

 

Yours sincerely

Information Management Team

Buckinghamshire Council

[1][email address]

[2]Thank you

DISCLAIMER FOR BUCKINGHAMSHIRE COUNCIL

Any views expressed in this email are those of the individual sender and
are not necessarily those of Buckinghamshire Council unless explicitly
stated.

This email and any attachments may contain confidential or privileged
information and is intended solely for the use of the individual or entity
to whom it is addressed. Any confidential, sensitive or protectively
marked material must be handled accordingly.

If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in the email or
attachments, and all copies must be deleted immediately. If you do receive
this email in error please notify the sender immediately and note that
confidentiality or privilege is not waived or lost. 

Buckinghamshire Council may monitor the contents of emails sent and
received via its network for the purposes of ensuring compliance with
relevant legislation and the Council’s policies and procedures. All such
monitoring will take place in accordance with relevant legislation
including privacy and data protection legislation. For details of how
Buckinghamshire Council uses personal information please see the Council’s
website.

Buckinghamshire Council has scanned this email and attachments for viruses
but does not accept any responsibilities for viruses once this email has
been transmitted. You should therefore carry out your own anti-virus
checks before opening any documents.

References

Visible links
1. mailto:[email address]

Buckinghamshire Council

Good morning

We are currently independently reviewing our response to your  request
asking for information on applications Planning Permission 16/03442/AP
Oaksview Park Arncott Road Boarstall and Discharge 16/A3442/DIS. Can you
please provide more clarification around example 2 and what correspondence
and 'legal consultation' you refer to?

Example 2. Correspondence and details relating to the legal position of
the site and enforcement of the conditions, the legal consultation has
been confirmed to be by:

Andrew Small - Director AVDC

Pete Brown, Interim Group Manager - Regulatory Services AVDC   

Cllr Warren Whyte

Cllr Michael Rand 

Many thanks

Amy

Freedom of Information Manager

Deputy Chief Executive Directorate

Buckinghamshire Council

01296 382394

[Buckinghamshire Council request email]

From: Lawrence Victor Odell
Sent: Monday, August 2, 2021 12:04 PM
To: Freedom of Information
Subject: [EXTERNAL] Internal review of Freedom of Information request -
Request for information relating to a planning application: NOTE BY
FRANKIE: This relates to EIR 25783

 

Dear Freedom of Information,

I do not accept that the documents provided by Buckinghamshire Council
represent all those requested and that those received have been
selectively screened.

Example 1. Correspondence between planning Officers and Lucy Bee of the
Environment Agency.

Example 2. Correspondance and details relating to the legal position of
the site and enforcement of the conditions, the legal consultation has
been confirmed to be by:

Andrew Small - Director AVDC

Peter Brown, Interim Group Manager - Regulatory Services AVDC

Cllr Warren Whyte

Cllr Michael Rand

Example 3. Not site visit reports have been supplied

Yours sincerely,

Lawrence Victor Odell

show quoted sections

Buckinghamshire Council

Good morning

Can you also please confirm the time frame for any information in example
2. Would this have been relating to information held by AVDC officers and
their councillors?

Regards

Amy

From: [email address]
Sent: Tuesday, August 24, 2021 11:32 AM
To: Lawrence Victor Odell; Freedom of Information
Subject: RE: [EXTERNAL] Internal review of Freedom of Information request
- clarification

 

Good morning

We are currently independently reviewing our response to your  request
asking for information on applications Planning Permission 16/03442/AP
Oaksview Park Arncott Road Boarstall and Discharge 16/A3442/DIS. Can you
please provide more clarification around example 2 and what correspondence
and 'legal consultation' you refer to?

Example 2. Correspondence and details relating to the legal position of
the site and enforcement of the conditions, the legal consultation has
been confirmed to be by:

Andrew Small - Director AVDC

Pete Brown, Interim Group Manager - Regulatory Services AVDC   

Cllr Warren Whyte

Cllr Michael Rand 

Many thanks

Amy

Freedom of Information Manager

Deputy Chief Executive Directorate

Buckinghamshire Council

01296 382394

[Buckinghamshire Council request email]

From: Lawrence Victor Odell
Sent: Monday, August 2, 2021 12:04 PM
To: Freedom of Information
Subject: [EXTERNAL] Internal review of Freedom of Information request -
Request for information relating to a planning application: NOTE BY
FRANKIE: This relates to EIR 25783

 

Dear Freedom of Information,

I do not accept that the documents provided by Buckinghamshire Council
represent all those requested and that those received have been
selectively screened.

Example 1. Correspondence between planning Officers and Lucy Bee of the
Environment Agency.

Example 2. Correspondance and details relating to the legal position of
the site and enforcement of the conditions, the legal consultation has
been confirmed to be by:

Andrew Small - Director AVDC

Peter Brown, Interim Group Manager - Regulatory Services AVDC

Cllr Warren Whyte

Cllr Michael Rand

Example 3. Not site visit reports have been supplied

Yours sincerely,

Lawrence Victor Odell

show quoted sections

Lawrence Victor Odell

Dear Buckinghamshire Council,
It would appear to me that the delays you are making are a deliberate attempt not to release information you hold to the public domain.
I hold correspondence from the parties detailed in the previous mail relating to the then AVDC council making legal enquiries with both the internal legal team, and external parties in relation to this case.
Emails from the environment agency stating they have made enquiries to the planning officer and even your own environment team.
TVP advise the endorsement team made a site visit in June 2021 and made significant notes.
Information obtained whilst making a formal complaint to Buckinghamshire Council about the handling of this matter confirms that you have not supplied all the information requested.
For clarity, this information request is from the inspectorates decision date on the site, 21/08/2018 to the present day.

Yours faithfully,

Lawrence Victor Odell

Freedom of Information, Buckinghamshire Council

Good morning

Thank you for your email. I can assure you the Council are working to provide any information to you and wish to address the points raised in your request for review. If information is held then the Council will release or withhold this under our obligations under the EIR. Please note that some officers referenced in your request for a review no longer no longer work at the Council. Furthermore AVDC Council no longer exists and the records have transferred to the new authority.

Because of the timeframe and the departments covered we need more time to process it. We will now try to respond to you by 28 September 2021.

If you have any queries about this letter, please contact me. Please remember to quote the reference number provided in the subject line of this email in any future communications.

If you are unhappy with the service you have received in relation to your request and wish to make a complaint or request a review of our decision, you can contact us at [Buckinghamshire Council request email] or by writing to us at Information Management, Buckinghamshire Council, The Gateway, Gatehouse Road, Aylesbury, HP19 8FF.

If you are not content with the outcome 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 internal review procedure provided by Buckinghamshire Council. You can contact the ICO via their website https://ico.org.uk/make-a-complaint/ or by writing to them at Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Alternatively, you can phone them on 0303 123 1113.

Yours sincerely,
Amy Roscoe
Freedom of Information Manager
[Buckinghamshire Council request email]

show quoted sections

Lawrence Victor Odell

Dear Buckinghamshire Council,

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

I am writing to request an internal review of Buckinghamshire Council's handling of my FOI request 'Request for information relating to a planning application'.

The council is repeatedly delaying providing information with regard to the case.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...

Yours faithfully,

Lawrence Victor Odell

Buckinghamshire Council

Dear Lawrence Odell

 

Thank you for your request for a review received on concerning the
handling of your review for FOI 25783 about Planning Permission
16/03442/AP Oaksview Park Arncott Road Boarstall and Discharge
16/A3442/DIS.

 

I am sorry that you are dissatisfied with our attempts to handle your
request under the Environmental Information Regulation 2004.

I can confirm that we are considering your concerns and we will aim to
provide you with a response within 20 working days.

 

Yours sincerely

Information Management Team

Buckinghamshire Council

[1][email address]

[2]Thank you

DISCLAIMER FOR BUCKINGHAMSHIRE COUNCIL

Any views expressed in this email are those of the individual sender and
are not necessarily those of Buckinghamshire Council unless explicitly
stated.

This email and any attachments may contain confidential or privileged
information and is intended solely for the use of the individual or entity
to whom it is addressed. Any confidential, sensitive or protectively
marked material must be handled accordingly.

If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in the email or
attachments, and all copies must be deleted immediately. If you do receive
this email in error please notify the sender immediately and note that
confidentiality or privilege is not waived or lost. 

Buckinghamshire Council may monitor the contents of emails sent and
received via its network for the purposes of ensuring compliance with
relevant legislation and the Council’s policies and procedures. All such
monitoring will take place in accordance with relevant legislation
including privacy and data protection legislation. For details of how
Buckinghamshire Council uses personal information please see the Council’s
website.

Buckinghamshire Council has scanned this email and attachments for viruses
but does not accept any responsibilities for viruses once this email has
been transmitted. You should therefore carry out your own anti-virus
checks before opening any documents.

References

Visible links
1. mailto:[email address]

Buckinghamshire Council

1 Attachment

Dear Lawrence Odell

 

Outcome of Internal Review

Further to your email dated on 25 August 2021 for a review of
Buckinghamshire Council’s handling of the processing of your information
request for information ref FOI 27783. An internal review has been carried
out. Please find attached.

 

Yours sincerely,

Jennifer Griffin

Head of Information Management

[1][Buckinghamshire Council request email]   

[2]Thank you

DISCLAIMER FOR BUCKINGHAMSHIRE COUNCIL

Any views expressed in this email are those of the individual sender and
are not necessarily those of Buckinghamshire Council unless explicitly
stated.

This email and any attachments may contain confidential or privileged
information and is intended solely for the use of the individual or entity
to whom it is addressed. Any confidential, sensitive or protectively
marked material must be handled accordingly.

If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in the email or
attachments, and all copies must be deleted immediately. If you do receive
this email in error please notify the sender immediately and note that
confidentiality or privilege is not waived or lost. 

Buckinghamshire Council may monitor the contents of emails sent and
received via its network for the purposes of ensuring compliance with
relevant legislation and the Council’s policies and procedures. All such
monitoring will take place in accordance with relevant legislation
including privacy and data protection legislation. For details of how
Buckinghamshire Council uses personal information please see the Council’s
website.

Buckinghamshire Council has scanned this email and attachments for viruses
but does not accept any responsibilities for viruses once this email has
been transmitted. You should therefore carry out your own anti-virus
checks before opening any documents.

References

Visible links
1. mailto:[Buckinghamshire Council request email]

Freedom of Information, Buckinghamshire Council

2 Attachments

Good afternoon

 

Outcome of Internal Review

Further to your email dated 02 August 2021, an internal review has been
carried out.

 

Please see attached.

 

If you have any queries about this letter, please contact me.  Please
remember to quote the reference number provided in the subject line of
this email in any future communications.

 

If you are not content with the outcome your complaint, you may apply
directly to the Information Commissioner for a decision.  You can contact
the ICO via their website [1]https://ico.org.uk/make-a-complaint/ or by
writing to them at Information Commissioner's Office, Wycliffe House,
Water Lane, Wilmslow, Cheshire, SK9 5AF.  Alternatively, you can phone
them on 0303 123 1113.

 

Yours sincerely

Amy Roscoe

Freedom of Information Manager

[2][Buckinghamshire Council request email]   

 

 

[3]Thank you

DISCLAIMER FOR BUCKINGHAMSHIRE COUNCIL

Any views expressed in this email are those of the individual sender and
are not necessarily those of Buckinghamshire Council unless explicitly
stated.

This email and any attachments may contain confidential or privileged
information and is intended solely for the use of the individual or entity
to whom it is addressed. Any confidential, sensitive or protectively
marked material must be handled accordingly.

If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in the email or
attachments, and all copies must be deleted immediately. If you do receive
this email in error please notify the sender immediately and note that
confidentiality or privilege is not waived or lost. 

Buckinghamshire Council may monitor the contents of emails sent and
received via its network for the purposes of ensuring compliance with
relevant legislation and the Council’s policies and procedures. All such
monitoring will take place in accordance with relevant legislation
including privacy and data protection legislation. For details of how
Buckinghamshire Council uses personal information please see the Council’s
website.

Buckinghamshire Council has scanned this email and attachments for viruses
but does not accept any responsibilities for viruses once this email has
been transmitted. You should therefore carry out your own anti-virus
checks before opening any documents.

References

Visible links
1. https://ico.org.uk/make-a-complaint/
2. mailto:[Buckinghamshire Council request email]

We don't know whether the most recent response to this request contains information or not – if you are Lawrence Victor Odell please sign in and let everyone know.