Dear Swindon Borough Council,

FREEDOM OF INFORMATION REQUEST

Re: Town and Country Planning Act 1990 section 215

Dear Sirs

Could you please provide the following information under the
Freedom of Information Act 2000:

In each of the last 5 calendar years and in the year to date
(reporting each year separately):

a) How many complaints has the Council received in respect of
properties where one potential response to the complaint would be
the issue of a section 215 notice or the issue of a warning letter
prior to the issue of a section 215 notice
b) How many warning letters were the Council minded to issue
c) How many warning letters were issued
d) How many section 215 notices has the Council issued
e) Of those section 215 notices issued, how many have been
appealed
f) What is the current status of the section 215 notices issued
(resolved/outstanding/appealed/ etc)
g) What is the Councils budget in respect of section 215 notices
for each year and what was the expenditure actually incurred for
each year
h) How many days of officer’s time has been taken up considering
and dealing with section 215 notices and consideration of matters
where a section 215 notice may be an appropriate response
i) Was the issue of section 215 notices subject to the Scheme of
Delegation for each of those years, and if so, to whom was the
power to issue section 215 notices delegated
j) Has the Council at any time in committee or sub-committee
debated or considered its policy on section 215 notices and could
you provide copies of any minutes where a section 215 notice is
mentioned

Please provide a copy of the Council’s currently agreed policy on
section 215 notices and the date and copies of the minutes of the
meeting where this policy was adopted.

Please provide a copy of the Planning Enforcement register for each
of the last five calendar years and the year to date.

Yours faithfully,

Peter C. Bell

Customer Services, Swindon Borough Council

Thank you for your email which has been forwarded to Freedom of Information Service for response.

Kind regards

Customer Services
Swindon Borough Council
Wat Tyler House
Swindon SN1 2JG
Phone: 01793 445500

E-mail: [Swindon Borough Council request email]
Website: www.swindon.gov.uk

show quoted sections

Ceri Stephens, Swindon Borough Council

Dear Mr Bell,

Ref: FOI 101000600849 - Freedom of Information Request

Thank you for your request for information, dated 15th August 2015 received in our office on 17th August 2015 (details below):

Under the terms of the Freedom of Information Act 2000, the Council has a duty to respond ‘promptly’ or no later than 20 working days, which in this case is 15th September 2015.

If you have any queries about this letter please contact me as detailed, quoting the above reference number.

Yours sincerely,

Mr Ceri Stephens
Performance Officer
Resources
Swindon Borough Council
Tel: 01793 466220
e-mail: [email address]

show quoted sections

Ceri Stephens, Swindon Borough Council

1 Attachment

Dear Mr Bell,

Ref: FOI 101000600849 - Freedom of Information Request

Thank you for your e-mail dated 15th August 2015 received in our office on 15th August 2015, (details below).

I enclose for your attention, the following information.

a) Information not held on 'potential' responses - we only record specific complaints
b) Information not held - we do not record details of where we consider sending letters only record when a letter is actually sent
c) 2009 - 13, 2010 - 10, 2011 - 9, 2012 - 5, 2013 - 6, 2014 - 2, 2015 - 3
d)0 - all years
e) N/A due to d)
f) N/A due to d)
g) No specific budget - part of the planning enforcement function. If action is required it will be undertaken.
h) specific information not held
i) Yes - Head of Legal
j) No - just mentioned as part of planning enforcement protocol (see attached)

No specific policy, part of the enforcement function and mentioned in planning enforcement protocol (see attached)

The Planning Enforcement register is a publically available document that can be viewed in person by pre-arranged appointment. There is no fee for viewing the register. Copies of notices can be provided at the cost of £12.60 plus 60p per page.

Therefore a copy of the Planning Enforcement Register is considered by the council to be exempt from release under s.21 of the FOI Act 2000 - Information reasonably accessible to the applicant by other means (as described above).

If you are dissatisfied with the service you have received in relation to your request and wish to make a complaint or request a review, you should contact:

Customer Services
Civic Offices
Euclid Street
Swindon
Website: www.[Swindon Borough Council request email]

The complaints/review procedure involves a full review and an examination of all the information by the Council's Monitoring Officer.

If you are not content with the outcome of our conclusion, you may apply directly to the Information Commissioner's Office for a decision, before contacting the Council. Generally, the ICO cannot make a decision unless you have exhausted the Council's own complaints procedure.

The Information Officer can be contacted at :

The Information Commissioner's Office,
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Email: [email address]
Tel: 01625 545700 (ask for Freedom of Information)

If you require any further information concerning this matter, please contact me as detailed, quoting the above reference number in any future communications.

Yours sincerely

Mr Ceri Stephens
Performance Officer
Swindon Borough Council
Tel: 01793 466220
e-mail: [email address]

show quoted sections

Dear Swindon Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Swindon Borough Council's handling of my FOI request 'Town and Country Planning Act 1990 section 215'.

You have refused a copy of the Enforcement Register on the basis that it is available by other means (by visiting your offices).

The ICO has issued guidance on the "reasonably accessible" issue and I would ask that you reconsider your decision in the light of that guidance.

It is not reasonably practicable for me to visit your offices to inspect the Enforcement Register as I live in London.

The Council is obliged to maintain an index to the Enforcement Register - could I ask in the first instance if you could supply me by email or by posting on your website a copy of that index, I could then ask for further details once I had viewed the index.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/t...

Yours faithfully,

Peter C. Bell

Customer Services, Swindon Borough Council

Thank you for your email which has been forwarded to Freedom of Inormation Service for response.

Kind regards

Customer Services
Swindon Borough Council
Wat Tyler House
Swindon SN1 2JG
Phone: 01793 445500

E-mail: [Swindon Borough Council request email]
Website: www.swindon.gov.uk

show quoted sections

Sharon Druett, Swindon Borough Council

2 Attachments

  • Attachment

    FW Freedom of Information request Town and Country Planning Act 1990 section 215 FOI 101000600849.txt

    6K Download View as HTML

  • Attachment

    FOI 101000600849 Planning Enforcement Protocol.doc

    87K Download View as HTML

Dear Mr Bell,
 
Ref FOI101002786468 Freedom of Information Request for Internal Review of
FOI101000600849
 
Thank you for your email below dated 1st January, 2016 received in our
office on 2nd January, 2016.
 
The complaints / review procedure involves a full review of the Council's
decision, not to make the information available to you as you have
requested, by the Council’s Monitoring Officer, Stephen Taylor, Director
of Law and Democratic Services.
 
We are also reviewing your request to see if it would be possible to
supply you with information held on the Planning enforcement Register.
 
The Council has 20 working days to carry out the review, which in this
case is 1^st February, 2015. 
 
If you are not content with the outcome of our conclusion, you may apply
directly to the Information Commissioner's Office for a decision, before
we have completed our investigation. Generally, the ICO cannot make a
decision unless you have exhausted the Council's own complaints procedure.
The Information Officer can be contacted at:
 
The Information Commissioner's Office,
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
 
Email: [email address]
Tel: 01625 545700 (ask for Freedom of Information)
 
If you require any further information concerning this matter, please
contact me as detailed, quoting the above reference number in any future
communications.
 
Yours sincerely,
 
Sharon Druett
 
Sharon Druett ([email address])
Freedom of Information Officer
Law and Democratic Services
Swindon Borough Council
Tel: 01793 463377
Fax: 01793 463405
Web: [1]www.swindon.gov.uk
Please consider the environment before printing this email.
 
 
 
 

show quoted sections

Sharon Druett, Swindon Borough Council

4 Attachments

Dear Mr Bell,
 
Ref FOI101002786468 Freedom of Information Request for Internal Review of
FOI101000600849
 
Please find attached the alphabetical and numerical index of notices held
on the planning enforcement register, that we are now able to make
available to you.
Can you please advise me if this information is sufficient to conclude
your request and if you will still require a full review concerning access
to the full register?
 
If you require any further information concerning this matter, please
contact me as detailed, quoting the above reference number in any future
communications.
 
Yours sincerely,
 
Sharon Druett
 
Sharon Druett ([1][email address])
Freedom of Information Officer
Law and Democratic Services
Swindon Borough Council
Tel: 01793 463377
Fax: 01793 463405
Web: [2]www.swindon.gov.uk
Please consider the environment before printing this email.
_____________________________________________
From: Sharon Druett
Sent: 06 January 2016 16:17
To: '[FOI #286129 email]'
Subject: FW: Internal review of Freedom of Information request - Town and
Country Planning Act 1990 section 215
 
 
Dear Mr Bell,
 
Ref FOI101002786468 Freedom of Information Request for Internal Review of
FOI101000600849
 
Thank you for your email below dated 1st January, 2016 received in our
office on 2nd January, 2016.
 
The complaints / review procedure involves a full review of the Council's
decision, not to make the information available to you as you have
requested, by the Council’s Monitoring Officer, Stephen Taylor, Director
of Law and Democratic Services.
 
We are also reviewing your request to see if it would be possible to
supply you with information held on the Planning enforcement Register.
 
The Council has 20 working days to carry out the review, which in this
case is 1^st February, 2015. 
 
If you are not content with the outcome of our conclusion, you may apply
directly to the Information Commissioner's Office for a decision, before
we have completed our investigation. Generally, the ICO cannot make a
decision unless you have exhausted the Council's own complaints procedure.
The Information Officer can be contacted at:
 
The Information Commissioner's Office,
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
 
Email: [3][email address]
Tel: 01625 545700 (ask for Freedom of Information)
 
If you require any further information concerning this matter, please
contact me as detailed, quoting the above reference number in any future
communications.
 
Yours sincerely,
 
Sharon Druett
 
Sharon Druett ([4][email address])
Freedom of Information Officer
Law and Democratic Services
Swindon Borough Council
Tel: 01793 463377
Fax: 01793 463405
Web: [5]www.swindon.gov.uk
Please consider the environment before printing this email.
 
 
 
 

show quoted sections

Dear Sharon Druett,

Thank you for the copy of the index.
If I require any particular entries from the Enforcement Register I will make a separate request.

So, thank you, this concludes this FOI request.

Yours sincerely,

Peter C. Bell

Sharon Druett, Swindon Borough Council

Dear Mr Bell,

 

Subject: Re: FW: Internal review of Freedom of Information request - Town
and Country Planning Act 1990 section 215

 

Thank you for getting back to me to advise this concludes your request.

 

Yours sincerely,

 

Sharon Druett

 

 

Sharon Druett ([email address])

Freedom of Information Officer

Law and Democratic Services

Swindon Borough Council

Tel: 01793 463377

Fax: 01793 463405

Web: www.swindon.gov.uk

Please consider the environment before printing this email.

 

  

 

show quoted sections

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org