Town and Country Planning Act 1990 section 215

Peter C. Bell made this Freedom of Information request to Folkestone & Hythe 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.

Dear Shepway District 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

Folkestone & Hythe District Council

Dear Peter Bell,

Thank you for your request dated 15 August 2015 which was received by us on 17 August 2015.

We will endeavour to supply the information you have requested within the requisite 20 working days. If we think that it will take longer, we will contact you.

Ayse Niazi on behalf of Rachel Neville
Information and Legal Officer
Tel: 01303 853437
Fax: 01303 853548
Shepway District Council, Civic Centre, Castle Hill Avenue,
Folkestone, Kent, CT20 2QY
E-mail: [Shepway District Council request email]
Website: www.shepway.gov.uk
 
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Folkestone & Hythe District Council

7 Attachments

Dear Peter C Bell,

 

I am writing in respect of your Freedom of Information enquiry dated 15
August 2015, which was received by us on 17 August 2015.   Please accept
my apologies that it was not possible to respond within 20 working days
and for any inconvenience this lengthy delay has caused. This request has
been handled under the Freedom of Information Act 2000. 

 

Please find below information in response to your request.

 

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

We do not record this information, only how a case was resolved and what
action was taken.

 

b)         How many warning letters were the Council minded to issue

We do not hold information in relation to 5 calendar years.  12 since
October 2012.  This will be the same number as the answer to c) as we
would have issued any we were minded to.

 

c)         How many warning letters were issued

The council’s enforcement officer has advised of 12 recorded in the
Uniform database since he commenced employment with the authority in
October 2012.  Prior to this they were not recorded.

 

d)         How many section 215 notices has the Council issued

The council’s Planning Enforcement Officer has advised of 2 since October
2012.  Please see c) above.

 

e)         Of those section 215 notices issued, how many have been
appealed

            0 since October 2012.

 

f)          What is the current status of the section 215 notices issued
(resolved/ outstanding/ appealed/ etc)

In respect of the 2 cases referred to at d) above - Not yet complied
with.  Ongoing.

 

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

We do not hold this information.  We do not have a budget specifically for
S215 notices and consequently do not have a record of expenditure

 

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

            We do not record this information.

 

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

Yes.  It was subject to the Scheme of delegation and the authority to
issue S215 notices is delegated to the Head of Planning

 

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

Not to my knowledge. The decision to issue S215 notices is taken by
officers and is considered in respect of national planning guidance

 

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.

The council does not hold an agreed policy on S215 notices.

 

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

The register as a whole is in 7 volumes. We are currently into Volume 7;
the earliest entry in this volume is dated 27^ March 2008.  This falls at
page number 417.  The previous 416 pages being held in volumes 1-6.

The Index to the register has been broken down into geographic area as
opposed to issue date (please see attached lists).

 

The first page to fall within the 5 year period covered by your request
(ie, the beginning of 2010) falls at page 438.  All page numbers listed
from 438 onwards refer to Notices issued since 14^ February 2010 (we are
currently showing at page 469 dated 2^ September 2015).

 

The attached lists show the address, the page number and the file
reference. Some of these entries are hand written. Please note, therefore,
that anything with a page number lower than 438 falls outside the FOI
request period.

 

 

 

Should you require any further information, or if you are not satisfied
with our response, please do not hesitate to contact me. You may also
request an internal review by writing to the following address:

 

Freedom of Information Appeals Officer
Legal Services
Shepway District Council
Castle Hill Avenue
Folkestone
Kent CT20 2QY

 

Alternatively you can use our Customer Comment Form which can be accessed
at our website [1]www.shepway.gov.uk

 

In addition, if you are not satisfied with our response you may apply to
the Information Commissioner for an independent review at the following
address:

 

The Information Commissioner
Wyncliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

Telephone 01625 545700
[2]www.informationcommissioner.gov.uk

 

Yours sincerely,

 

 

Rachel Neville

Information and Legal Officer

Tel: 01303 853437

Mob:  07802 720679

Fax: 01303 853548

Shepway District Council, Civic Centre, Castle Hill Avenue,

Folkestone, Kent, CT20 2QY

E-mail: [3][Shepway District Council request email]

Website: [4]www.shepway.gov.uk

                                           

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