Tree Preservation Orders Digital Format

The request was refused by Suffolk Coastal District Council.

Dear Suffolk Coastal District Council,

Is the council's set of Tree Preservation Orders (TPOs) indexed in digital form?

If so, please may I have a copy of all the data relating to TPOs from any databases you hold regarding them. One or more CSV exports would be ideal.

Yours faithfully,

Mr Wilde

FOI, Suffolk Coastal District Council

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noreply@eastsuffolk.gov.uk, Suffolk Coastal District Council

Reference: IMT190869

Dear Mr Wilde

In response to your recently submitted FOI/EIR request regarding Tree
Preservation Orders Digital Format, please find our reply below:

Our Tree Preservation Order (TPO) files are currently being digitised. As
they are completed they will become accessible through our Public Access
System  [1]http://publicaccess.eastsuffolk.gov.uk/o...

You can search for all TPOs by entering *TPO* or if you are looking for a
specific location, enter as much detail as possible of the address.

Using the advanced search option you can also specify detail such as a
date range.

Copyright and re-use of information

Information for which the Council holds the copyright may be used for
private purposes but must not be used for commercial purposes unless you
have advised us you wish to re-use it and you have our permission to do
so.

Published datasets may be reused under the [2]Open Government Licence for
public sector information.

In certain circumstances, the Council may be required to disclose
information for which it does not hold the copyright. In these
circumstances you must respect the rights of the copyright owner and seek
the copyright owner’s permission to re-use the information.

Please refer to the Eastsuffolk [3]FOI page for more information about
reuse of information.

This concludes your request.

If you require translation of the information you have been sent, please
contact us.

We proactively publish information and encourage you to check our website
before making a request.

The FOI webpage contains links to some of our most [4]frequently requested
information which is already published on the website.

For FOI requests made since (from 1 June 2015) we have a [5]searchable
disclosure log which is updated in real-time as requests are responded to.

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If you have any queries or are unhappy with the information we have
provided in response to your request, please contact us at the email
address below. Please specify in your email whether your request concerns
Suffolk Coastal, Waveney or both authorities.

Details of our Internal Review process can be found on the
Eastsuffolk [6]FOI page.

More information about how we deal with requests under the Freedom of
Information Act, Environmental Information Regulations and Data Protection
Act can be found in the [7]Access to Information pages of our website.

Please quote the above reference number in any communication about this
request.

Yours sincerely,

Sara Barratt

Customer Experience Officer

Customer Services

Suffolk Coastal and Waveney District Councils

Tel: 01502 523389
Mail to: [Suffolk Coastal District Council request email]
Suffolk Coastal and Waveney District Councils are working in partnership
and all emails received from us will use the @eastsuffolk.gov.uk email
address
www.eastsuffolk.gov.uk
www.twitter.com/suffolkcoastal www.twitter.com/waveneydc

 

Any requests made under the Freedom of Information Act or the
Environmental Information Regulations should be redirected to
[8][Suffolk Coastal District Council request email] clearly stating whether the request applies to
Suffolk Coastal District Council, Waveney District Council or both
authorities.

 

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Dear Sara

Thank you for your swift reply and the information you provided it is greatly appreciated. I apologise I should have been more specific in my first enquiry. Specifically what I am looking for is the GIS data for trees subject to TPOs, not the individual TPOs themselves. Often councils use GIS data for their interactive maps. Ideally I would like the data as a shapefile or longitude and latitude if possible?

Yours sincerely,

Mr Wilde

Suffolk Coastal District Council

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Date: Wed, 26 Jul 2017 12:40:26 +0100
From: Mr Wilde <[FOI #414843 email]>
To: "[email address]" <[email address]>
Message-ID: <[email address]>
Subject: Re: FOI/EIR Request: Tree Preservation Orders Digital Format: Ref:
IMT190869: Authority: Suffolk Coastal District Council Waveney District
Council
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Doug Paulley left an annotation ()

What has happened is that the authority has sent a response from an email address that does not accept incoming email.

When you select "Write a reply", you are given the choice as to which email address the reply is sent to. By default it is the last address from which the authority sent an email, but as this is bouncing I suggest choosing another option.

thank you

Doug
--
Doug - volunteer, WhatDoTheyKnow.com

Dear Sara

Thank you for the information provided and your swift reply. I apologise I should have been more specific in my first enquiry. Specifically what I am looking for is the GIS data for trees subject to TPOs, not the individual TPOs themselves. Often councils use GIS data for their interactive maps. Ideally I would like the data as a shapefile or longitude and latitude if possible?

Yours sincerely,

Mr Wilde

noreply@eastsuffolk.gov.uk, Suffolk Coastal District Council

Dear Mr Wilde,

Thank you for your request received on 01 Jul 2017 entitled Tree
Preservation Orders Digital Format (Follow up to IMT190869). This request
has been allocated a reference number of IMT193898
The response will cover the following authority/ authorities: SCDC,WDC.

Where applicable, your request will be dealt with under the terms of the
Environmental Information Regulations 2004 (EIR) and/or Freedom of
Information Act 2000 (FOI) and will usually be answered within 20 working
days*.

In the case of EIR, if your request is particularly complex or requires
the retrieval of a large amount of information, we may extend this to 40
working days. If this is the case, we will notify you as soon as we are
aware that this is the case.

While no charges are made for the submission of requests, the council is
entitled to apply reasonable costs for disbursements (i.e. photocopying,
postage etc). Where charges will apply proper notice will be given to you
prior to the information being released. Please see our published fees and
charges:
http://www.eastsuffolk.gov.uk/yourcounci...

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If you have any queries about this request please contact us at the email
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Please note that for requests received on non-working days the 20 working
days will be calculated from the start of the next business day.

Kind regards,

Sara Barratt

Customer Experience Officer
Customer Services
Suffolk Coastal and Waveney District Councils
Tel: 01502 523389

Mail to: [Suffolk Coastal District Council request email]

Suffolk Coastal and Waveney District Councils are working in partnership
and all emails received from us will use the @eastsuffolk.gov.uk email
address<br/>www.eastsuffolk.gov.uk <br/> www.twitter.com/suffolkcoastal
www.twitter.com/waveneydc

 

Any requests made under the Freedom of Information Act or the
Environmental Information Regulations should be redirected to
[1][Suffolk Coastal District Council request email] clearly stating whether the request applies to
Suffolk Coastal District Council, Waveney District Council or both
authorities.

 

Confidentiality: This email and its attachments are intended for the above
named only and may be confidential. If they have come to you in error you
must take no action based on them, nor must you copy or show them to
anyone; please reply to this email and highlight the error.

Security Warning: Please note that this email has been created in the
knowledge that Internet email is not a 100% secure communications medium.
We advise that you understand and accept this lack of security when
emailing us.

Viruses: Although we have taken steps to ensure that this email and
attachments are free from any virus, we advise that in keeping with good
computing practice the recipient should ensure they are actually virus
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noreply@eastsuffolk.gov.uk, Suffolk Coastal District Council

Reference: IMT193898

Dear Mr Wilde

In response to your recently submitted FOI/EIR request regarding Tree
Preservation Orders Digital Format (Follow up to IMT190869), please find
our reply below:

We do hold GIS data for both Suffolk Coastal and Waveney Districts
although this is not yet complete for both councils..

However, we consider the files in their current format to be the
intellectual property of the Councils and therefore exempt from release
under regulation 12(5)(c) of the Environmental Information Regulations
(EIR).

Regulation 12(5)(c)states that a public authority may refuse to disclose
information to the extent that its disclosure would adversely affect
intellectual property rights.

The Council has created this GIS data from the TPO information it holds
and therefore owns the data and the copyright.

A viewable version of the data will be made available within the next few
months. 

Public Interest factors in favour of disclosure

There is a presumption in favour of disclosure within the EIR.

Information about TPOs is of general interest to the public.

Public Interest factors in favour of withholding the information

The maps used as a basis for the GIS are copyright documents licensed to
the Council by Ordnance Survey. Releasing the information in the format
held at the moment risks breaching the terms of the licence and by
extension, our relationship with Ordnance Survey.

The information in its current form represents a considerable investment
of expertise from the Council which it considers to be its intellectual
property. 

A viewable version of the information is planned for public release by the
end of 2017.

Balance of public interest

On balance, we believe that the factors in favour of withholding the
information outweigh those of releasing at this time.

Copyright and re-use of information

Information for which the Council holds the copyright may be used for
private purposes but must not be used for commercial purposes unless you
have advised us you wish to re-use it and you have our permission to do
so.

Published datasets may be reused under the [1]Open Government Licence for
public sector information.

In certain circumstances, the Council may be required to disclose
information for which it does not hold the copyright. In these
circumstances you must respect the rights of the copyright owner and seek
the copyright owner’s permission to re-use the information.

Please refer to the Eastsuffolk [2]FOI page for more information about
reuse of information.

This concludes your request.

If you require translation of the information you have been sent, please
contact us.

We proactively publish information and encourage you to check our website
before making a request.

The FOI webpage contains links to some of our most [3]frequently requested
information which is already published on the website.

For FOI requests made since (from 1 June 2015) we have a [4]searchable
disclosure log which is updated in real-time as requests are responded to.

Please do not reply to this message. Replies to this message are routed to
an unmonitored mailbox.

If you have any queries or are unhappy with the information we have
provided in response to your request, please contact us at the email
address below. Please specify in your email whether your request concerns
Suffolk Coastal, Waveney or both authorities.

Details of our Internal Review process can be found on the
Eastsuffolk [5]FOI page.

More information about how we deal with requests under the Freedom of
Information Act, Environmental Information Regulations and Data Protection
Act can be found in the [6]Access to Information pages of our website.

Please quote the above reference number in any communication about this
request.

Yours sincerely,

Sara Barratt

Customer Experience Officer

Customer Services

Suffolk Coastal and Waveney District Councils

Tel: 01502 523389
Mail to: [Suffolk Coastal District Council request email]
Suffolk Coastal and Waveney District Councils are working in partnership
and all emails received from us will use the @eastsuffolk.gov.uk email
address
www.eastsuffolk.gov.uk
www.twitter.com/suffolkcoastal www.twitter.com/waveneydc

 

Any requests made under the Freedom of Information Act or the
Environmental Information Regulations should be redirected to
[7][Suffolk Coastal District Council request email] clearly stating whether the request applies to
Suffolk Coastal District Council, Waveney District Council or both
authorities.

 

Confidentiality: This email and its attachments are intended for the above
named only and may be confidential. If they have come to you in error you
must take no action based on them, nor must you copy or show them to
anyone; please reply to this email and highlight the error.

Security Warning: Please note that this email has been created in the
knowledge that Internet email is not a 100% secure communications medium.
We advise that you understand and accept this lack of security when
emailing us.

Viruses: Although we have taken steps to ensure that this email and
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computing practice the recipient should ensure they are actually virus
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Dear Suffolk Coastal District Council,

Thank you for coming back to me so quickly and the information provided. We have an existing partnership arrangement with Ordanance Survey that I'd be happy to send you if that'd be agreeable?

I think it worthwhile to explain what we would be doing with the data. We are currently building a free service that incorporates a wide-range of property specific information for homeowners in one place. We have already integrated with Land Registry, Royal Mail, Ordnance Survey, VOA, ONS, Data.gov.uk, Historic England, etc. This information would be very useful for our users, as it would allow us to provide an indicator as to whether there is a tree locally with a TPO against it, something many homeowners would have never thought about. This in turn would drive traffic to your website for homeowners to see the specific location and allow you to monetise this free traffic by selling the individual TPO reports as many councils do.

Yours faithfully,

Mr Wilde

FOI, Suffolk Coastal District Council

Dear Mr Wilde,

 

thank you for your enquiry.

 

Information requested under the Freedom of Information Act (FOI) or
Environmental Information Regulations (EIR) will only be released if it
can be released into the public domain. In our response to your earlier
request IMT193898 we set out the reasons why we were not prepared to do
this.

 

The Information Commissioner's EIR guidance for public authorities states
"you should treat any information you release under the Regulations as if
it were being released to the world at large".

 

Therefore we will not supply this information under the provisions of the
EIR.

 

If you would like to contact our planning team independently of the FOI/
EIR process to explain what your organisation can offer then you can email
them at [1][email address] for Suffolk Coastal or
[2][email address] for Waveney.

 

Alternatively there is a contact list for the planning team [3]on our
website.

 

Normally I would pass on your details to them, but we do not have your
contact details as you have contacted us via What Do They Know.

 

Regards,

Sara

Sara Barratt

Customer Experience Officer
Customer Services
Suffolk Coastal and Waveney District Councils
Tel: 01502 523389

[4]mailto:[Suffolk Coastal District Council request email]

Suffolk Coastal and Waveney District Councils are working as a partnership
and all emails received from us will use the @eastsuffolk.gov.uk email
address.

[5]www.eastsuffolk.gov.uk

[6]www.twitter.com/eastsuffolk | [7]www.facebook.com/eastsuffolkcouncils