Rocklands detailed plan for management of land stability as specified by caravan site licence

The request was refused by Hastings Borough Council.

Dear Hastings Borough Council,

The Rocklands caravan site licence issued in April 2018 stipulates that:

"Lower slopes

9) The licensee shall within 6 weeks of the date of issue of the licence (or any other timeframe subsequently agreed by the licensing authority), submit for the written approval of the licensing authority a detailed plan produced by a competent person for the management of land stability within the caravan site. The plan shall include details of:-
1. Regular visual inspections to identify and monitor signs of land instability affecting the caravan site and infra-structure (including the foul drainage system), to be carried out by the licensees and/or their staff at least every month and also following severe weather events.
2. Circumstances identified through the regular inspections that will trigger the need for a competent person to be consulted for additional advice (for example if signs of land instability are recorded near to vulnerable site infra-structure or caravans).
3. Contingency measures to be implemented to ensure the safety of any occupants and visitors to the site in the event of further serious land slips occurring.
4. Proposals to mitigate the risk of the foul drainage system being compromised by slope instability.
5. Contingency measures to be implemented to safeguard people on the site and the natural environment, in the event of serious land slips compromising the foul drainage system. Such measures shall include details of rapid action to isolate and pump out and contain effluent from the damaged sections of the foul drainage system to prevent pollution of the adjacent ground and ground waters."

I formally request under EIR the following:

Please supply the date that the detailed plan documents were submitted.
Please confirm that HBC holds copies of the detailed plan documents
Please supply a list of the documents supplied to HBC for the detailed plan
Please supply copies of the detailed plan documents

Please provide the date HBC gave written approval to the detailed plan
Please provide the implementation date of the detailed plan

Yours faithfully,

Chris Hurrell

Information Officer, Hastings Borough Council

1 Attachment

Thank you for your Freedom of Information request.
 
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act. 
 
If your request is for personal information (Subject Access request) your
request will be dealt with according to the requirements of the General
Data Protection Regulation (GDPR) and the timescale for response may be
extended to 40 days.
 
You can find out more information about [1]Freedom of Information as well
as all of the services the council provides on [2]our website.
 
Information Officer
Hastings Borough Council
01424 451066
[3]www.hastings.gov.uk
 
 
 
 
 
 
 
 
 

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Information Officer, Hastings Borough Council

1 Attachment

Dear Mr Hurrell
 
I refer to your Freedom of Information request ref: FOIR-118604273, please
accept my apologies for the delay in responding.
 
Please find attached our response.
 
 
Yours sincerely
 
Lisa Greathead
Information Officer
Hastings Borough Council
Muriel Matters House
Breeds Place
Hastings 
TN34 3UY
 
 

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I am writing to request an internal review of Hastings Borough Council's handling of my FOI request 'Rocklands detailed plan for management of land stability as specified by caravan site licence'.

The following questions have not been answered in your response. Please answer these question as part of the review.
1. Please supply the date that the detailed plan documents were submitted.
3. Please supply a list of the documents supplied to HBC for the detailed plan (note that this a request for you to list the supplied documents - provide title, date, author and version)
4. Please provide the date HBC gave written approval to the detailed plan
5. Please provide the implementation date of the detailed plan

Question 4 (Please supply copies of the detailed plan documents) has been refused under 12(5) e) and 12(5) (b).

12(5)(E) - Commercial confidentiality
------------------------------------------------
The public interest test has not been properly explored. The factors for non disclosure have not been demonstrated. The claimed factors are:
- Under the terms of the site licence for Rocklands Caravan Park records submitted to the council in connection with the land management plan are strictly confidential.
- Adverse effect on the economic interest of the owners of Rocklands Caravan Park
- Maintaining commercial confidences
- The release of this information could lead to further harassment to the owners
- If the information is disclosed it could be used to seek harm on the owners commercial interests.
- Were such information disclosed, then it could be used by competitors and potential purchasers to the owners financial detriment.

Commercial confidence conditions were only imposed in the site licence on the records of inspections the land management plan itself is not protected by a confidentiality clause.

Marking a document "strictly confidential" has no weight and does not override the provisions of EIR

HBC have not demonstrated how the claimed consequences would occur if the information was released.

HBC have not demonstrated that harassment has occurred in the past and would occur in the future. As HBC are aware a police investigation into harassment concluded there was no case to answer.

It has not been demonstrated why redacted version of the documents can’t be released

It has not been demonstrated how release of the plan could be used to seek harm to the owners commercial interests.

It has not been demonstrated how release of the plan could be exploited by potential competitors.

The factors against disclosure are merely an attempt to impose a blanket ban on all information concerning Rocklands and the landslip. These boiler plate factors have been used on many refusals which are currently being investigated by the ICO.

12(5) (B) Course of Justice
-----------------------------------

The public interest test has not been properly explored. The factors for non disclosure have not been demonstrated. The claimed factors are:

- Maintaining confidences, the correspondence is clearly marked ‘strictly confidential’.
- Information in relation to certain conditions of the caravan site licence are confidential.
- The release of the information could lead to further harassment to the owners.

The agreed site licence is not subject to any outstanding legal actions.

The course of justice exception is inapplicable as it can only apply to correspondence between HBC and its legal advisers. I have not requested this information.
I have only requested detailed plan documents - these are not legal documents.
The documents would have to be correspondence between the client and their lawyer and not have been shared with a third party.
The documents would only be covered if litigation was a probability. In what way can information about whether site licence conditions have been complied with be subject to being ‘privileged’?

Commercial confidence conditions were only imposed in the site licence on the records of inspections the land management plan is not protected by a confidentiality clause.

Marking a document "strictly confidential" has no weight and does not override the provisions of EIR

HBC have not demonstrated how the claimed consequences would occur if the information was released.

HBC have not demonstrated that harassment has occurred in the past and would occur in the future. As HBC are aware a police investigation into harassment concluded there was no case to answer.

The reasons for refusal are predetermined and suggests a blanket ban on all information.

I request that the public interest test is properly considered and that you demonstrate how the factors given for non disclosure are engaged. I request that the information requested is released in its entirety.

Yours faithfully,

Chris Hurrell

Information Officer, Hastings Borough Council

1 Attachment

Thank you for your Freedom of Information request.
 
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act. 
 
If your request is for personal information (Subject Access request) your
request will be dealt with according to the requirements of the General
Data Protection Regulation (GDPR) and the timescale for response may be
extended to 40 days.
 
You can find out more information about [1]Freedom of Information as well
as all of the services the council provides on [2]our website.
 
Information Officer
Hastings Borough Council
01424 451066
[3]www.hastings.gov.uk
 
 
 
 
 
 
 
 
 

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Information Officer, Hastings Borough Council

Dear Mr Hurrell
 
I refer to your email dated 3 September 2019 requesting an Internal Review
following our response to a recent Freedom of Information request ref:
FOIR-118604273 - Rocklands detailed plan for management of land stability
as specified by caravan site
 
I have been asked, as a senior officer of the council who has not been
involved in your case to look into how we handled your request, please
accept my apologies for the delay in responding.
 
Hastings Borough Council received the following request on 13 May 2019
 
The Rocklands caravan site licence issued in April 2018 stipulates that:
 
"Lower slopes
 
9) The licensee shall within 6 weeks of the date of issue of the licence
(or any other timeframe subsequently agreed by the licensing authority),
submit for the written approval of the licensing authority a detailed plan
produced by a competent person for the management of land stability within
the caravan site. The plan shall include details of:- 1. Regular visual
inspections to identify and monitor signs of land instability affecting
the caravan site and infra-structure (including the foul drainage system),
to be carried out by the licensees and/or their staff at least every month
and also following severe weather events.
2. Circumstances identified through the regular inspections that will
trigger the need for a competent person to be consulted for additional
advice (for example if signs of land instability are recorded near to
vulnerable site infra-structure or caravans).
3. Contingency measures to be implemented to ensure the safety of any
occupants and visitors to the site in the event of further serious land
slips occurring.
4. Proposals to mitigate the risk of the foul drainage system being
compromised by slope instability.
5. Contingency measures to be implemented to safeguard people on the site
and the natural environment, in the event of serious land slips
compromising the foul drainage system. Such measures shall include details
of rapid action to isolate and pump out and contain effluent from the
damaged sections of the foul drainage system to prevent pollution of the
adjacent ground and ground waters."
 
I formally request under EIR the following:
 
Please supply the date that the detailed plan documents were submitted.
Please confirm that HBC holds copies of the detailed plan documents Please
supply a list of the documents supplied to HBC for the detailed plan
Please supply copies of the detailed plan documents
 
Please provide the date HBC gave written approval to the detailed plan
Please provide the implementation date of  the detailed plan
 
Hastings Borough Council responded on the 4 July 2019
 
NOTICE OF REFUSAL
 
Under the terms of the site licence for Rocklands Caravan Park records
submitted to the council in connection with the land management plan are
strictly confidential. This request is therefore being refused under
Environmental Information Regulations the information requested is exempt
under Section 12(5)(e) ‘Confidentiality of commercial or industrial
information where such confidentiality is provided by law to protect a
legitimate economic interest’
 
We have considered the following:
 
- Is the information commercial or industrial
- Is the information subject to confidentiality provided by law
- Is the confidentiality protecting a legitimate economic interest
- Would disclosure adversely affect the confidentiality
 
Section 12(5)(e) is subject to a public interest test. This means that a
public authority can refuse to disclose information under these exceptions
if in all the circumstances of the case the public interest in maintaining
the exception outweighs the public interest in disclosing the information.
 
Factors for disclosure:
 
- Transparency and accountability
 
Factors against disclosure:
 
- Adverse effect on the economic interest of the owners of Rocklands
Caravan Park
- Maintaining commercial confidences
- The release of this information could lead to further harassment to the
owners
- Correspondence is clearly marked strictly confidential
- If the information is disclosed it could be used to seek harm on the
owners commercial interests
- Were such information disclosed, then it could be used by competitors
and potential purchasers to the owners financial detriment.
 
In all circumstances of the case the public interest in maintaining the
exemption outweighs the public interest in disclosure
 
NOTICE OF REFUSAL
 
Hastings Borough Council are also relying on Exception 12(5)(b) The course
of justice and inquiries.
 
Regulation 12(5)(b) provided an exception from disclosure of environmental
information which adversely affect the course of justice. This has a wide
meaning and public authorities can consider claiming this exception when
they receive requests for:
 
- material covered by legal professional privilege
 
The course of justice has a wide meaning but includes material covered by
legal professional privilege – correspondence from an external lawyer to a
client and confidential communication between them about that advice.
 
Exception 12(5)(b) is subject to a public interest test. This means that a
public authority can refuse to disclose information under these exceptions
if in all the circumstances of the case the public interest in maintaining
the exception outweighs the public interest in disclosing the information.
 
Factors for disclosure:
 
- Transparency and accountability
 
Factors against disclosure:
 
- Maintaining confidences, the correspondence is clearly marked ‘strictly
confidential’.
- Information in relation to certain conditions of the caravan site
licence are confidential.
- The release of the information could lead to further harassment to the
owners.
 
The factors against disclosure outweigh those in favour therefore this
information will not be disclosed.
 
You requested an internal review on the 3 September 2019
 
I am writing to request an internal review of Hastings Borough Council's
handling of my FOI request 'Rocklands detailed plan for management of land
stability as specified by caravan site licence'.
 
The following questions have not been answered in your response.  Please
answer these question as part of the review.
1. Please supply the date that the detailed plan documents were submitted.
3. Please supply a list of the documents supplied to HBC for the detailed
plan  (note that this a request for you to list the supplied documents -
provide title, date, author and version) 4. Please provide the date HBC
gave written approval to the detailed plan 5. Please provide the
implementation date of the detailed plan
 
Question 4  (Please supply copies of the detailed plan documents) has been
refused under 12(5) e) and 12(5) (b).
 
12(5)(E) - Commercial confidentiality

show quoted sections

 
The public interest test has not been properly explored. The factors for
non disclosure have not been demonstrated. The claimed factors are:
 
- Maintaining confidences, the correspondence is clearly marked ‘strictly
confidential’.
- Information in relation to certain conditions of the caravan site
licence are confidential.
- The release of the information could lead to further harassment to the
owners.
 
The agreed site licence is not subject to any outstanding legal actions.
 
The course of justice exception is inapplicable as it can only apply to
correspondence between HBC and its legal advisers. I have not requested
this information.
I have only requested detailed plan documents - these are not legal
documents.
The documents would have to be correspondence  between the client and
their lawyer and not have been shared with a third party. 
The documents  would only be covered if litigation was a probability. In
what way can information about whether site licence conditions have been
complied with be subject to being ‘privileged’?
 
Commercial confidence conditions were only imposed in the site licence on
the records of inspections  the land management plan is not protected by a
confidentiality clause.
 
Marking a document "strictly confidential" has no weight and does not
override the provisions of EIR
 
HBC have not demonstrated how the claimed consequences would occur if the
information was released.
 
HBC have not demonstrated that harassment has occurred in the past and
would occur in the future. As HBC are aware a police investigation into
harassment concluded there was no case to answer.
 
The reasons for refusal are  predetermined and suggests a blanket ban on
all information.
 
I request that the public interest test is properly considered and that
you demonstrate how the factors given for non disclosure are engaged. I
request that the information requested is released in its entirety.
 
Review
 
I have investigated this case and can advise as follows:
 
Hastings Borough Council has not predetermined refusals or given a blanket
ban on requests, each request is dealt with individually and either the
information is disclosed or the appropriate exemption/exception is used.
 

 1. Please supply the date that the detailed plan documents were
submitted.

 
28 June 2018
 

 2. Please confirm that HBC holds copies of the detailed plan documents

 
Yes
 

 3. Please supply a list of the documents supplied to HBC for the detailed
plan

 
 
Information not held - The Freedom of Information Act (FOI) and
Environmental Information Regulations (EIR) is based on recorded
information that is held by a local authority.  The information you
requested is not recorded and would need to be created which is against
the rules of FOI and EIR.
 

 4. Please supply copies of the detailed plan documents

 
You state that marking a document ‘strictly confidential’ has no weight
and does not override the provisions of EIR.  The requested information is
between the owners of Rocklands Caravan Parks Solicitor and Hastings
Borough Council of which the Solicitor have made it clear to the council
that they do not give their permission for any information in relation to
Rocklands Caravan Park be disclosed into the public domain.  Hastings
Borough Council has a moral compass to act accordingly. I am satisfied
that the council has correctly refused and has subsequently demonstrated
the factors for non disclosure.
 
 

 5. Please provide the date HBC gave written approval to the detailed plan

 
23 August 2018
 

 6. Please provide the implementation date of the detailed plan

 
Information not held
 
You claim that the council has not demonstrated factors for non
disclosure, I disagree, within the decision in Tribunal reference
EA/2017/0084 - Hastings Borough Council vs Information Commissioner in
which the panel quoted:
 
‘***** gave evidence of public anger and criticism directed at the owners
of the caravan park and arising largely from the claim that past
activities by the owners had caused the landslide. The campaign has in
part attempted to publicise the criticisms in order to dissuade visitors
from coming to the site. It has also extensively publicised what have been
claimed to be infringements by the owners of the site licence, or
development controls, which have been linked by the campaign to the
claimed cause of the landslip. This campaign had had a significant effect
on the finances of the business. There had been insulting and aggressive
behaviour. He identified significant inaccuracies and false statements in
the material put out by the SEG campaign, including a claim of an
uncontrolled flow of raw sewage on the site from a yellow pipe (the pipe
in question as examined and found to be a discarded pipe not connected to
any system and not within the caravan site). SEG would use any new
information as a hook for further publicity and campaigning. He confirmed
that all material supplied by the owners to the Council had been supplied
in confidence. In closed session there was a discussion of the impact on
the business and the extent to which it could be attributed to SEG’.
 
If you remain dissatisfied then you may complain to the Information
Commissioners Office (ICO) who will decide whether the Council has handled
your request correctly.
 
Information Commissioners Office
Wycliffe House
Wilmslow
Cheshire
SK9 5AF
 
Tel: 08456 30 60 60
[1]www.ico.gov.uk
 
Yours sincerely
 
 
Mark Horan
Continuous Improvement and Democratic Services Manager
 
 

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