Dear Wycombe District Council,
“By full address (i.e. house number/name & full postcode area), can you please provide the following data for all residential properties within your respective district area in an spreadsheet format (Excel etc)?
- Property Type (House, Flat etc)
- Property Style (Detached, Semi Detached etc)
- Number of Bedrooms
- If a flat, how many storeys? (Where Applicable)
- If a flat, what cladding was used? (Where applicable)
- Date of Construction
- If property is of Non-Traditional construction (Where applicable i.e. Wimpey No Fines, Airey)
- If any property is Non-Traditional construction, has a repair certificate been issued and if so what was the data of issue? (Where Applicable)
- If the property is ex-Local Authority (Where applicable)
Dear S Evans
Thank you for your request for information received on 20 June 2018 oncerning residential properties. This request has been handled under the Freedom of Information Act.
Under section 21 of the Act, we are not required to provide information in response to a request if it is already reasonably accessible to you. Although the housing service was transferred to a third party housing association called Red Kite on 12 December 2011 some of the information you requested may be available within our Transparency and open data section of our web site under the our proerty asset register.
We do not have current plans to produce additional data sets with regard to this type of information as it does not appear to have any public purpose and appears commercially motivated. Without clear public interest Councils are able to consider commercial requests vexatious in line with the Upper Tribunal ruling recently upheld by the Court of Appeal.
In this judgement Judge Wikeley indicates in para 35 & 38 that improper use of FOIA (such as no public interest) is a valid consideration to make when considering if a request is vexatious. Using FOI to gain a commercial advantage can be included within this definition. As explained, the Council currently makes a great deal of information freely available on our website and we consider any additional time spent on preparing additional data sets vexatious as it causes undue and disproportionate burden on the scarce public resources of the Council.
Of course a public body is not always aware of some wider public interests in a particular area in respect of some requests. If you disagree with the Council's initial assessment of your request please restate the information that you wish to be considered for disclosure and as there does not appear to be any clear public purpose, why you consider publication through FOI is in the public interest as opposed to a purely commercial purpose. If you have any queries about this letter, please contact me. Please remember to quote the reference number INFO1170 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 should write to the Information Officer Council Offices Queen Victoria Road High Wycombe HP11 1BB or email [Wycombe District Council request email].
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 Wycombe District Council. The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF phone: 0303 123 1113
There is no charge for making an appeal.
Data and Feedback Management Team Leader
Wycombe District Council
Queen Victoria Road
Direct line: 01494 421190
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