Sight of Officers Report for Amended West Cumbria Mining Planning Application

The request was refused by Cumbria County Council.

Dear Cumbria County Council,

I would like to make a Freedom of Information request under the Environmental Information Regulations 2004.

West Cumbria Mining - Amended Planning Application Reference No. 4/17/9007

I would like sight of the latest Officers Report for the Development Control & Regulation Committee which was to be presented at the now cancelled 20th August meeting

Yours faithfully,

Marianne Birkby (Bennett)

Information Governance, Cumbria County Council

Dear Marianne Birkby (Bennett) 

Freedom of Information Act 2000 Reference: FOI-6390-2020

Thank you for your request for information regarding West Cumbria Mining
(4/17/9007), which was received on 13/08/2020.

The council aims to provide you with the information within the statutory
timescale of 20 working days in this case the date is 11/09/2020.
Subject to the information not being exempt or containing any references
to third parties.

While we endeavour to respond to in these timescales, we want to make you
aware that responding to the current clinical priority of Covid-19 may
mean at times, we struggle to meet these timescales.

The council will, as a matter of routine make information available in
electronic format. Where it is not practical to do this information will
be provided in hard copy (paper). If information is required in
alternative formats e.g. language, audio, large print, etc., please
indicate this as soon as possible so the council can consider your
request.

The Freedom of Information Act 2000 define a number of
exemptions/exceptions which may prevent information being released to you
automatically. The council will make an assessment about the application
of any exemptions/exceptions and issue you with a decision letter, which
will include details of your right to appeal.

If the information you request contains reference to a third party the
council will consult with them prior to making a decision about the
release of information.

In accordance with the council's Charging Policy a fee may be charged for
supplying information. If a fee is payable you will be issued with a fees
notice. The applicable fee must be paid in full before the information is
processed and released. The statutory time limit for responses is
suspended until the council has received and processed your payment. If
payment is not received within three months of issuing the fees notice
your request will be closed.

If you have any queries or concerns about this email do not hesitate to
contact us.

Many thanks 

Information Governance Team
Corporate, Customer & Community | Cumbria County Council
Service Centre | Parkhouse Building | Kingmoor Business Park
| Carlisle | CA6 4SJ
 
t: 01228 221234 
[1]https://cumbria.gov.uk
 

References

Visible links
1. https://cumbria.gov.uk/

Information Governance, Cumbria County Council

1 Attachment

Dear Marianne Birkby (Bennett) 

Freedom of Information Act 2000, Reference: FOI-6390-2020

Please see attached for a response to your request for information.

Many thanks 

Information Governance Team
Corporate, Customer & Community | Cumbria County Council
Service Centre | Parkhouse Building | Kingmoor Business Park
| Carlisle | CA6 4SJ
 
t: 01228 221234 
[1]https://cumbria.gov.uk
 

References

Visible links
1. https://cumbria.gov.uk/

Dear Information Governance,

I'm sorry The attachment /information you sent is unreadable. Please could you resend in a readable format.

Thank you
Yours sincerely,

Marianne Birkby

Information Governance, Cumbria County Council

1 Attachment

Dear Marianne Birkby,

 

Apologies for any inconvenice the original PDF response may have caused.
This reads as follows:

 

“Dear Marianne Birkby (Bennett),

 

Freedom of Information Act 2000, Reference: FOI-6390-2020

 

The council has completed its search relating to your request about West
Cumbria Mining (4/17/9007) received on Thu, 13 Aug 2020.

 

Request

I would like to make a Freedom of Information request under the
Environmental Information Regulations 2004.

 

West Cumbria Mining - Amended Planning Application Reference No. 4/17/9007

 

I would like sight of the latest Officers Report for the Development
Control & Regulation Committee which was to be presented at the now
cancelled 20th August meeting,

 

Response

Information withheld under EIR regulation 12(4)(d).

Regulation 12(4)(d) is engaged when the request relates to material that
is still in the course of completion, unfinished documents or incomplete
data.

 

I can confirm that the report referred to in your request is currently in
the course of completion and as such is an unfinished document.

As this exception is not absolute, we must still carry out the public
interest test to establish whether the public interest in maintaining the
exception outweighs the public interest in disclosure.

The issues pertinent to this request are as follows:

o¬†Whether Cumbria County Council ‚Äúsafe space‚ÄĚ will be affected;
o Whether the disclosure of potentially incomplete or misleading data
would affect proceedings;
o And the timing of the request.

 

In Favour of Disclosure

o Openness, transparency and accountability of CCC actions.
o To promote public understanding of the matters relating to West
Cumbria Mining and planning Application Reference No. 4/17/9007
o Informing public debate to support good decision-making by public
bodies.

 

 

In Favour of Maintaining Exception

o Although a presumption of public interest is applied, this is not
necessarily the same as what interests the public. Whilst CCC agree
that sharing information and involving the public can often help to 
good decision making by public bodies, we also consider our services
need a safe space in which to fully consider options available, to
enable a fair, just and appropriate decision, away from public
interference. It is considered that releasing this unfinished document
would likely be harmful to this safe space as it would impact on the
ability to frankly and candidly review and revise information as
necessary before presenting a final version.
o Timing of the request is a consideration that must be made when trying
to protect the integrity of a process. As the matters relating to West
Cumbria Mine are still ongoing, disclosure of drafts and unfinished
documents could cause difficulties later in the process in trying to
draw a proper conclusion.
o Whilst the argument that unfinished documents could give a misleading
or inaccurate position does not carry significant weight, it is
considered that in this instance the potential effort involved in
correcting a misleading impression for example, answering a large
volume of queries the information could create, would be great enough
to hinder the day to day workings of the service.

Upon final review, it is deemed that the exception be maintained and
therefore the information is withheld.

 

If you have any issues relating to this letter you should attempt to
resolve them, in the first instance, with the council, by requesting an
Internal Review.  If you would like to request a Review please contact the

Information Governance Team using the details at the top of this letter.

 

Further information can be found on the council’s website:
[1]http://www.cumbria.gov.uk/councildemocra...

 

Yours sincerely

 

Information Governance Team‚ÄĚ

Corporate, Customer and Community Services | Cumbria County Council

t: 01228 221234
[2]www.cumbria.gov.uk

 

 

 

 

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