Total costs spent by the Council on the Bastian Close / Victoria Park Rd retaining structure

The request was refused by Vale of Glamorgan Council.

Dear Vale of Glamorgan Council,

Please provide me the total costs spent and recorded in relation to the issue of the Bastian Close / Victoria Park Road dangerous structure in its entirety across the 9 homes it has affected from 2008 through to current. This is recorded by Building Control.

Please ensure that all officer time, administration, letters, reports, surveys, visits, court proceedings, notices issued and any other additional correspondence necessary is included. Please ensure the amount recorded includes any monies spent aligned under any funding allocation is included. Please ensure any department relevant is included such as primarily Planning & Regeneration and then the FOI team, Housing, Complaints section, Communications, Legal Department etc.

Given the protracted period experienced personally in the VOG Council responding to FOI requests and that it could take some months to provide anything if at all. Please ensure that the information is correct at the time of responding and kept updated to this date of gathering the information. Please confirm the date of accuracy n this respect when responding.

Please also confirm the source of the spending and whether any has come through grants, the Welsh Church Act fund, Council tax, WG funding and any other sources in doing so.

Given the well publicised nature of the issue and the impact on 9 homes over a protracted period, this information is requested as a matter of public interest.

Yours faithfully,

Ms Bailey

FOI Unit, Vale of Glamorgan Council

Dear Madam

 

Thank you for your request for information which we are currently
processing.

 

Your reference is RFI 18 6849.

 

We hope to respond to you within the statutory timescale of twenty working
days.

 

Kind regards

 

Information Governance Officer / Swyddog Rheolaeth Gwybodaeth

Democratic Services / Gwasanaethau Democrataidd

Vale of Glamorgan Council / Cyngor Bro Morgannwg

tel / ffôn: 01446 700111

Consider the environment. Please don't print this e-mail unless you really
need to.

Ystyriwch yr amgylchedd. Peidiwch ag argraffu'r neges hon oni bai fod gwir
angen.

 

Visit our Website at [1]www.valeofglamorgan.gov.uk

Ewch i'n gwefan yn [2]www.bromorgannwg.gov.uk

 

[3]Find us on Facebook / Cewch ddod o hyd i ni ar Facebook

[4]Follow us on Twitter / Dilynwch ni ar Twitter

 

Correspondence is welcomed in Welsh or English / Croesewir Gohebiaeth yn y
Gymraeg neu yn Saesneg.

 

 

 

From: Ms B Bailey [mailto:[FOI #527054 email]]
Sent: 17 October 2018 18:39
Subject: Freedom of Information request - Total costs spent by the Council
on the Bastian Close / Victoria Park Rd retaining structure

 

Dear Vale of Glamorgan Council,

Please provide me the total costs spent and recorded in relation to the
issue of the Bastian Close / Victoria Park Road dangerous structure in its
entirety across the 9 homes it has affected from 2008 through to current. 
This is recorded by Building Control.

Please ensure that all officer time, administration, letters, reports,
surveys, visits, court proceedings, notices issued and any other
additional correspondence necessary is included.  Please ensure the amount
recorded includes any monies spent aligned under any funding allocation is
included.  Please ensure any department relevant is included such as
primarily Planning & Regeneration and then the  FOI team, Housing,
Complaints section, Communications, Legal Department etc.

Given the protracted period experienced personally in the VOG Council
responding to FOI requests and that it could take some months to provide
anything if at all.  Please ensure that the information is correct at the
time of responding and kept updated to this date of gathering the
information.  Please confirm the date of accuracy n this respect when
responding.

Please also confirm the source of the spending and whether any has come
through grants, the Welsh Church Act fund, Council tax, WG funding and any
other sources in doing so.

Given the well publicised nature of the issue and the impact on 9 homes
over a protracted period, this information is requested as a matter of
public interest.

Yours faithfully,

Ms Bailey

-------------------------------------------------------------------

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FOI Unit, Vale of Glamorgan Council

Dear Madam

 

Further to your recent request for information under the Environmental
Information Regulations [2004] in the email below.

 

I am writing to inform you that it has been necessary to extend the time
frame for answering your request by 20 working days.  This is under
Regulation 7 [1] [3] EIR 2004.

 

I hope to return to you on or before the  10^th December.

 

Yours sincerely

 

Information Governance Officer / Swyddog Rheolaeth Gwybodaeth

Democratic Services / Gwasanaethau Democrataidd

Vale of Glamorgan Council / Cyngor Bro Morgannwg

tel / ffôn: 01446 700111

Consider the environment. Please don't print this e-mail unless you really
need to.

Ystyriwch yr amgylchedd. Peidiwch ag argraffu'r neges hon oni bai fod gwir
angen.

 

Visit our Website at [1]www.valeofglamorgan.gov.uk

Ewch i'n gwefan yn [2]www.bromorgannwg.gov.uk

 

[3]Find us on Facebook / Cewch ddod o hyd i ni ar Facebook

[4]Follow us on Twitter / Dilynwch ni ar Twitter

 

Correspondence is welcomed in Welsh or English / Croesewir Gohebiaeth yn y
Gymraeg neu yn Saesneg.

 

 

 

From: Ms B Bailey [mailto:[FOI #527054 email]]
Sent: 17 October 2018 18:39
Subject: Freedom of Information request - Total costs spent by the Council
on the Bastian Close / Victoria Park Rd retaining structure

 

Dear Vale of Glamorgan Council,

Please provide me the total costs spent and recorded in relation to the
issue of the Bastian Close / Victoria Park Road dangerous structure in its
entirety across the 9 homes it has affected from 2008 through to current. 
This is recorded by Building Control.

Please ensure that all officer time, administration, letters, reports,
surveys, visits, court proceedings, notices issued and any other
additional correspondence necessary is included.  Please ensure the amount
recorded includes any monies spent aligned under any funding allocation is
included.  Please ensure any department relevant is included such as
primarily Planning & Regeneration and then the  FOI team, Housing,
Complaints section, Communications, Legal Department etc.

Given the protracted period experienced personally in the VOG Council
responding to FOI requests and that it could take some months to provide
anything if at all.  Please ensure that the information is correct at the
time of responding and kept updated to this date of gathering the
information.  Please confirm the date of accuracy n this respect when
responding.

Please also confirm the source of the spending and whether any has come
through grants, the Welsh Church Act fund, Council tax, WG funding and any
other sources in doing so.

Given the well publicised nature of the issue and the impact on 9 homes
over a protracted period, this information is requested as a matter of
public interest.

Yours faithfully,

Ms Bailey

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[5][FOI #527054 email]

Is [6][Vale of Glamorgan Council request email] the wrong address for Freedom of
Information requests to Vale of Glamorgan Council? If so, please contact
us using this form:

[7]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[8]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[9]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

-------------------------------------------------------------------

References

Visible links
1. http://www.valeofglamorgan.gov.uk/
2. http://www.bromorgannwg.gov.uk/
3. http://en-gb.facebook.com/valeofglamorga...
4. http://twitter.com/vogcouncil
5. mailto:[FOI #527054 email]
6. mailto:[Vale of Glamorgan Council request email]
7. https://www.whatdotheyknow.com/change_re...
8. https://www.whatdotheyknow.com/help/offi...
9. https://www.whatdotheyknow.com/help/ico-...

Dear FOI Unit,

Please advise which areas of the request are deemed an EIR and the reasons why from the guidance set. Where not all the information requested can be deemed an EIR, I would expect that proportion to be provided with immediate effect, given the 20 days allowance has now expired.

Ms B Bailey

Dear FOI Unit,

I write again has you have ignored by communication of 11 days ago as below.

Please advise which areas of the request are deemed an EIR and the reasons why from the guidance set. Where not all the information requested can be deemed an EIR, I would expect that proportion to be provided with immediate effect, given the 20 days allowance has now expired.

As the management of the FOI doesn't seem to be apparent please also progress an internal review.

Ms B Bailey

Yours sincerely,

Ms B Bailey

Dear FOI Unit,

I have written a reply but it doesn't appear to have recorded.

Please be advised no response was made by 10th December as promised, there is no response to date for the internal review and no comment on why the FOI was allowed extended time.

I will now pass the case onto the ICO.

regards,

Ms B Bailey

FOI Unit, Vale of Glamorgan Council

Dear Ms Berley Bailey

Thank you for your Environmental Information Regulations 2004 request.

I have considered this matter and having liaised with the relevant departments please find the information held:-

The Planning Department have confirmed that timesheets are not detailed to project level. They simply show time spent as 'dangerous structures'.

The FOI Unit, Housing, Complaints Section are all salaried and do not time record.

The Legal Department have confirmed that you have already been provided with a Schedule of Costs.

Information is awaited from one department which will be forwarded to you as soon as possible.

I hope that this information is of assistance but if you are dissatisfied with this response and would like to have it reviewed, please contact the Council’s Monitoring Officer at the Civic Offices, Holton Road, Barry CF63 4RU.

Further information regarding FOI and the appeals process is available at https://ico.org.uk/

Yours sincerely

Information Governance Officer / Swyddog Rheolaeth Gwybodaeth
Democratic Services / Gwasanaethau Democrataidd
Vale of Glamorgan Council / Cyngor Bro Morgannwg
tel / ffôn: 01446 700111
Consider the environment. Please don't print this e-mail unless you really need to.
Ystyriwch yr amgylchedd. Peidiwch ag argraffu'r neges hon oni bai fod gwir angen.

Visit our Website at www.valeofglamorgan.gov.uk
Ewch i'n gwefan yn www.bromorgannwg.gov.uk

Find us on Facebook / Cewch ddod o hyd i ni ar Facebook
Follow us on Twitter / Dilynwch ni ar Twitter

Correspondence is welcomed in Welsh or English / Croesewir Gohebiaeth yn y Gymraeg neu yn Saesneg.

show quoted sections

Dear FOI Unit,

Please be advised I am not satisfied with the lack of information in your response and do not believe you have made reasonable effort in ascertaining this information.

As previously stated a referral is being made to the ICO and if you wish to add to this then it would be welcomed.

Having much information recorded in my files, I will now share this information with the ICO demonstrating that as a local authority you should have accurate audit records alike and have failed in this matter.

Ms B Bailey

Dear FOI Unit,

Further to my response to your message of Christmas Eve I can now confirm that the internal review previously requested expired yesterday the 27th December so0 I have now passed the matter onto the ICO. Please note the further clarification below for you to consider.

The information to follow which has not been received; when will this be provided and what department is it from?

You mention a schedule of costs already in hand also; this is for 13th November court case for the section 77 you were forced to withdraw at a public funded cost of £25k. For the record, it is correct that we have these in hand and I think it reasonable therefore to provide the same costs for the sections 77 and 78 notices for the exact same structure also of 2008, 2012, 2013 (X2) and 2018?

The response therefore is unacceptable and remains outstanding form the council at this time with a strong public interest of having spent £25k plus of public funds and the danger still not addressed.

Regards,
B Bailey

Dear FOI Unit,

Further to your email of the 13th November advising that the FOI request was changed to an EIR, giving you further time to respond but noted as provided after the response date had expired. I am now advised to inform you that the information I request does not involve significant complexity and volume of information and may not therefore be applicable to the current treatment you are applying including the change of status to an EIR as being necessary.

In a previous communication of the 28th December 2018 I stated,

'Please note the further clarification below for you to consider.'
You mention a schedule of costs already in hand also; this is for 13th November court case for the section 77 you were forced to withdraw at a public funded cost of £25k. For the record, it is correct that we have these in hand and I think it reasonable therefore to provide the same costs for the sections 77 and 78 notices for the exact same structure also of 2008, 2012, 2013 (X2) and 2018?'

I have not heard from you since this communication of over 3 weeks ago but believe it clarifies the matter in terms of little complexity or volume necessary in order for the information to be provided and therefore whether this should be an EIR or classified otherwise.

Further to this, you also promised further information to follow exactly one calendar month ago and this has still not been received. Given the ICO have now written to you today I would be grateful if you could provide all information necessary by consulting directly with Building Control and Legal services with whom they would work closely to administer. It is not currently clear who you have liaised with and what you have in hand as you have previously stated to follow.

Regards,

Ms B Bailey

Dear FOI Unit,

Please note I have not had a reply from you from the following communications to date.

21st February - over one month ago
28th December - nearly one month ago
18th January - one week ago
21st January - 4 days ago

On this basis please progress yet another internal review.

Regards,

Ms B Bailey

FOI Unit, Vale of Glamorgan Council

1 Attachment

  • Attachment

    Freedom of Information request Total costs spent by the Council on the Bastian Close Victoria Park Rd retaining structure.html

    3K Download

RFI 18 6849

 

Dear Mrs Ms Berley Bailey

 

Further to your request for information which is attached and in addition
to the response issued to you on 21st December.

 

I have considered your request for an internal appeal under reference
AF18/105.

 

I understand that the Information Governance Officer assigned to your
request, has in accordance with the Code of Practice on the discharge of
the obligations of public authorities under the Environmental Information
Regulations 2004 undertaken consultations with commercial external third
parties regarding the information that you requested.

 

I can advise that  we have not obtained the positive consent of the third
parties to the release of their personal information.

 

In accordance with Regulation 14 of the Environmental Information
Regulations this letter acts as a Refusal Notice.

 

Regulation 13 of the Environmental Information Regulations state that
information is exempt information if :-

 

Personal data

13.—(1) To the extent that the information requested includes personal
data of which the applicant is not the data subject and as respects which
either the first or second condition below is satisfied, a public
authority shall not disclose the personal data.

(2) The first condition is—

(a)in a case where the information falls within any of paragraphs (a) to
(d) of the definition of “data” in section 1(1) of the Data Protection Act
1998, that the disclosure of the information to a member of the public
otherwise than under these Regulations would contravene—

(i)any of the data protection principles; or

(ii)section 10 of that Act (right to prevent processing likely to cause
damage or distress) and in all the circumstances of the case.

Therefore the public interest in not disclosing the information outweighs
the public interest in disclosing it.

Furthermore, Regulation 12(5)(e) provides that a public authority may
refuse to disclose information to the extent that its disclosure would
adversely affect…the confidentiality of commercial or industrial
information where such confidentiality is provided by law to protect a
legitimate economic interest

Clearly the release of this information may significantly damage the
interest in question of the commercial enterprise and assist competitors.

 

Our approach is consistent with ICO guidance

 

Derry City Council v Information Commissioner (EA/2006/0014, 11 December
2006). That case related to the commercial interests exemption under FOIA,
but it is equally applicable to third party interests under regulation
12(5)(e).

 

In addition to the case above the Information Commissioner’s guidance
regarding, the Information Tribunal in Department of Health v Information
Commissioner  which involved a request for details of the amounts paid by
the Department of Health to a  contractor, found that “ pricing figures
and structure” should be withheld as it could provide information that
would allow competitors to undercut the contractor.

The public interest in not providing this information outweighs that in
divulging it.

You have the right to ask for an independent review of my decision and
have the right under Regulation 18 of the Environmental Information
Regulations and Section 50 of the Freedom of Information Act to apply to
the Information Commissioner for a decision whether, in any specified
respect, your request for information has been dealt with in accordance
with the requirements of the Regulations. 

 

Further information regarding EIR/FOI and the appeals process is available
at [1]https://ico.org.uk/

                                                                                             

Kind regards

 

Freedom of Information Unit on behalf of the Monitoring Officer

Information Governance Officer / Swyddog Rheolaeth Gwybodaeth

Democratic Services / Gwasanaethau Democrataidd

Vale of Glamorgan Council / Cyngor Bro Morgannwg

tel / ffôn: 01446 700111

Consider the environment. Please don't print this e-mail unless you really
need to.

Ystyriwch yr amgylchedd. Peidiwch ag argraffu'r neges hon oni bai fod gwir
angen.

 

Visit our Website at [2]www.valeofglamorgan.gov.uk

Ewch i'n gwefan yn [3]www.bromorgannwg.gov.uk

 

[4]Find us on Facebook / Cewch ddod o hyd i ni ar Facebook

[5]Follow us on Twitter / Dilynwch ni ar Twitter

 

Correspondence is welcomed in Welsh or English / Croesewir Gohebiaeth yn y
Gymraeg neu yn Saesneg.

 

 

 

References

Visible links
1. https://ico.org.uk/
2. http://www.valeofglamorgan.gov.uk/
3. http://www.bromorgannwg.gov.uk/
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5. http://twitter.com/vogcouncil

Dear FOI Unit,

Please be advised as the request was in the interests of the public spend on the issue over ten years and relates to the Council and no third party, I will now pass your refusal on to the ICO .

Regards,

Ms B Bailey