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Stone Court Farm, Pembury; planning department advice to developers

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Dear Tunbridge Wells Borough Council,

Please supply the full transcript of advice given to the agents and or developer in respect of planning applications both full and under the General Permitted Development regulations for Stone Court Farm Pembury.

The relevant applications are:
19/01696
19/01430
18/03011
14/504688
15/506803

The request specifically is for disclosure of both requests from the developer and or their agents and the full response from the planning department. For the avoidance of doubt this should include any advice obtained and provided by the authority from any other statutory or entitled consulted party. Please include advice and correspondence as to the purchase of land (verges) in Stone Court Lane, Pembury at public auction to the purchasing party or agent

Thank you

Yours faithfully,

Mr J Duffy

info (TWBC), Tunbridge Wells Borough Council

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Customer Service Team

Tunbridge Wells Borough Council

Town Hall

Royal Tunbridge Wells

Kent  TN1 1RS

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council on telephone +44 (0)1892 526121 or e-mail to [Tunbridge Wells Borough Council request email].

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FOI (TWBC), Tunbridge Wells Borough Council

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    FW Freedom of Information request Stone Court Farm Pembury planning department advice to developers.txt

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Dear Mr Duffy,

Acknowledgement

Our Ref: FOI F08273

Thank you for your recent email which we are handling in accordance with
the Freedom of Information Act 2000. I acknowledge receipt and confirm
that we will respond within 20 working days from the date of receipt; by
no later than the 26^th September 2019

In the meantime, if you have any further queries regarding our Freedom of
Information procedures please contact the team on 01892 554077 or via
e-mail to [1][email address].

Yours sincerely

 

 

 

Jessica Cox LLB

Corporate Governance Assistant

 

T: 01892 554077 ext: 4077

E: [2][email address]

Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS

 

[3]www.tunbridgewells.gov.uk   

 

 

 

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council on telephone +44 (0)1892 526121 or e-mail to [Tunbridge Wells Borough Council request email].

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.tunbridgewells.gov.uk/

FOI (TWBC), Tunbridge Wells Borough Council

4 Attachments

Dear Mr Duffy,

Re: EIR F08273

Thank you for your Freedom of Information request.

Your request: Please supply the full transcript of advice given to the
agents and or developer in respect of planning applications both full and
under the General Permitted Development regulations for Stone Court Farm
Pembury.

 

The relevant applications are:

19/01696 - no pre-app advice was given on this application

19/01430 – please see below and attached. Pre-app ref: 18/03929/PAPL

18/03011 - no pre-app advice was given on this application

14/504688 - no pre-app advice was given on this application

15/506803 - no pre-app advice was given on this application

 

The request specifically is for disclosure of both requests from the
developer and or their agents and the full response from the planning
department. For the avoidance of doubt this should include any advice
obtained and provided by the authority from any other statutory or
entitled consulted party. Please include advice and correspondence as to
the purchase of land (verges) in Stone Court Lane, Pembury at public
auction to the purchasing party or agent

 

Please find below and attached the response to your recent request. The
information has been provided by our Planning Team.

19/01696 - no pre-app advice was given on this application

19/01430 – please see below and attached. Pre-app ref: 18/03929/PAPL

18/03011 - no pre-app advice was given on this application

14/504688 - no pre-app advice was given on this application

15/506803 - no pre-app advice was given on this application

 

I can confirm that a pre-application was made in regards to 19/01430. The
reference for the pre-application is 18/03929/PAPL. The relevant
information relating to this pre-application is attached.

We consider that the personal details contained on the attached document
are exempt from disclosure under Regulation 13 ‘Personal Data’ of the
Environmental Information Regulations 2004 (EIR). Regulation 13 allows
information to be exempt from disclosure where publication or sharing of
the information would contravene any of the data protection principles
under the Data Protection Act 2018. We consider that the data protection
principle which would be contravened by disclosing the information would
be the first data principle that ‘personal data shall be processed
lawfully, fairly and in a transparent manner in relation to the data
subject’.

 

In assessing whether disclosure of the information would be lawful, we
have to consider whether processing personal data in response to your
request meets a condition under Article 6 of the General Data Protection
Regulations. We consider that the most appropriate condition would be
‘processing is necessary for the purposes of the legitimate interests
pursued by the controller or by a third party except where such interests
are overridden by the interests or fundamental rights and freedoms of the
data subject which require protection of personal data…”.

 

Under EIR the exception must be considered on the public interest test.
The public interest test is “whether in all the circumstances of the case,
the public interest in maintaining the exception outweighs the public
interest in disclosing the information”.

 

The Council recognises that you have a legitimate interest in the
disclosure of the information, however we consider that disclosure of the
information into the public domain is not necessary to meet your
legitimate interest and we also do not consider it is in the wider public
interest. We consider that disclosure of the information would be unfair
to the third parties and would breach the first data protection principle.
In assessing fairness, we have considered the reasonable expectations of
the third parties, the nature of those expectations and the consequences
of disclosure.

 

We considered that the public interest in maintaining the exception
outweighs the public interest in disclosure; if we were to disclose this
information we would be processing the data in a way which was not
intended by the third parties concerned.

 

We consider that based on these arguments the information requested should
be withheld.

I hope this information is helpful and if there is anything further I can
help with please contact me on 01892 554077 or via email to
[1][email address

If you are dissatisfied with the information provided or the way in which
we have dealt with your request, you can request a review.   Please write
to Patricia Narebor, Head of Legal Partnership and Monitoring Officer at
the Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS or via e-mail to
[2][email address]  requesting a review of the
decision.

We will aim to deal with your request within 20 working days. If you
remain dissatisfied following our review, you can then appeal to the
Information Commissioner.

 

Yours sincerely

 

 

 

Katherine Reynolds

Corporate Governance Assistant

 

T: 01892 554478

E: [3][email address]

Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS

 

[4]www.tunbridgewells.gov.uk   

 

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council on telephone +44 (0)1892 526121 or e-mail to [Tunbridge Wells Borough Council request email].

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. mailto:[email address]
4. http://www.tunbridgewells.gov.uk/

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