s70C TCPA

Stuart Hardwicke CARRUTHERS made this Freedom of Information request to South Norfolk District Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Stuart Hardwicke CARRUTHERS

Dear South Norfolk District Council,

Please provide details (copy of written instructions) used by the Council to determine if will validate an planning application.

Please also provide guidance (copy of any written instructions) provided to members of the planning staff if they should decline for the Council to determine an application under s70C Town and Country Planning Act 1990 (s123 Localism Act) and also a copy of the Council's authorisation to Officers to determine applications to which s70C applies taking into account transitional provisions.

Please also identify the applications that the Council has declined to determine under s70C of the Localism Act, the date of the determination, the function that made the determination and the properties affected.

Finally, please identify all properties to which the Council asserts that s70C of the Localism Act could apply where it has decided to determine an planning application.

Yours faithfully,

Stuart Hardwicke CARRUTHERS

Right2Know, South Norfolk District Council

Dear Mr Carruthers

Thank you for your request of information that is being considered. You may be aware that we have 20 working days in which to respond to Freedom Of Information (FOI) requests and you will therefore hear from me again by 12 August 2013 or earlier if possible.

For your information, the Act defines a number of exemptions, which may prevent release of the information you have requested. There will be an assessment and if any of the exemption categories apply then some or all of the information may not be released. You will be informed if this is the case, including your rights of appeal.

If any of the information you have requested is not contained in a recorded format, South Norfolk Council is not obliged to create information for the purpose of responding to your request

There may be a fee payable for ‘reasonable disbursement’ costs such as postage and photocopying. This will be considered and you will be informed if a fee is payable. In this event the fee must be paid before the information is processed and released. The 20 working day time limit for responses is suspended until receipt of the payment.

If you have any queries or concerns then please let me know. If you do contact us again concerning this request, please quote FOI 13-234.

Regards

Emma Nangle
Information Rights Officer
South Norfolk Council
Long Stratton Norwich
NR15 2XE

tel: 01508 533747
email: [South Norfolk District Council request email]
website: www.south-norfolk.gov.uk
Facebook: www.facebook.com/southnorfolkcouncil

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Right2Know, South Norfolk District Council

Dear Mr Carruthers

I refer to your Freedom of Information request to which I am now in a position to respond. My response is outlined below. For clarity, I have broken your request into sections and answered each in turn.

a) Please provide details (copy of written instructions) used by the Council to determine if will validate an planning application.
Valid Planning applications must meet the following criteria: http://www.south-norfolk.gov.uk/planning...

b) Please also provide guidance (copy of any written instructions) provided to members of the planning staff if they should decline for the Council to determine an application under s70C Town and Country Planning Act 1990 (s123 Localism Act)
Under section 1(1)(a) of the Freedom of Information Act 2000, I am advising you that the Council does not hold the information you have requested as we have no such guidance. Officers would use the legislation itself and seek legal advice as appropriate.

c) and also a copy of the Council's authorisation to Officers to determine applications to which s70C applies taking into account transitional provisions.
The information you have requested is exempt under Section 21 (1) of the Freedom of Information Act 2000, as the information is reasonably accessible to the applicant. This information is available on the council's website, via the following link: http://www.south-norfolk.gov.uk/democrac... (section 1.11 of the Council’s Constitution)

d) Please also identify the applications that the Council has declined to determine under s70C of the Localism Act, the date of the determination, the function that made the determination and the properties affected.
Nil

e) Finally, please identify all properties to which the Council asserts that s70C of the Localism Act could apply where it has decided to determine an planning application.
Under section 1(1)(a) of the Freedom of Information Act 2000, I am advising you that the Council does not hold the information you have requested as we have not made such assertions.

I hope this is of assistance and is sufficient to meet your requirements, but if, for whatever reason you wish to get back to me, please feel free to do so. In particular if you are unhappy with the information provided or how your request was handled please let me know and I will explain how you can request an internal review of our decision.

Please quote FOI 13-234 in any further correspondence concerning this request.

Regards

Emma Nangle
Information Rights Officer
South Norfolk Council
Long Stratton Norwich
NR15 2XE

tel: 01508 533747
email: [South Norfolk District Council request email]
website: www.south-norfolk.gov.uk
Facebook: www.facebook.com/southnorfolkcouncil

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Stuart Hardwicke CARRUTHERS left an annotation ()

It is just odd that the Council staff did refuse an application on the grounds identified.. and that the issues are with the Planning Inspectorate.