TVGs processed against Planning Inspectorate opinion

The request was successful.

Dear North Somerset Council,

Under the Freedom of Information Act I request the following information:

1. How many Town and Village Green (TVG) applications has this local authority (LA) dealt with since 19 July 2006. Or if this not possible to obtain then the best you can do, but please specify the period of the search.

2. Of these TVG applications returned in 1, for how many was the Planning Inspectorate's opinion that the TVG application was excluded? In other words that a trigger event had occurred with no closing event.

3. Of these TVG applications returned in 2, for how many did the processing of the TVG application continue, in other words the LA ignored the Planning Inspectorate's opinion that any TVG application was excluded.

4. For the TVG applications returned in 3, please supply details of location, LA decision on the application and any appeal details i.e. court reference and outcome.

Electronic versions of documents are acceptable and preferred.

Thanks

Yours faithfully,

Malcolm Reeves

North Somerset Council

Information request
Our reference: 2998184

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NOTE: Please do not edit the subject line when replying to this email.
Dear Mr Reeves
 
Freedom of Information Act 2000
 
Thank you for your request regarding 'Town and Village Green (TVG)
applications', made under the Freedom of Information Act 2000.
 
Your request has been allocated reference 2998184 and we will respond by
the 20th working day, which is on 11 September 2020.  Please quote this
reference in any correspondence with us relating to this matter.
 
Please note: in light of the current situation, while every effort will be
made to provide you with a response within the legal timeframes, we will
not ask officers to prioritise this request over essential Covid-19
response duties.  We appreciate your understanding in this matter.
 
If you wish to know how we will use your personal data, please read our
privacy notices available at
https://www.n-somerset.gov.uk/privacy-co...
 
Many thanks
 
Sinead Johnson
Information Governance Officer
North Somerset Council
Tel: 01934 634609
Email: [email address]
Web: [1]www.n-somerset.gov.uk

References

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North Somerset Council

1 Attachment

Information request
Our reference: 2998184

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Dear Mr Reeves
 
Thank you for your request for information received on 17 August 2020.
 
Please find attached our response to your request.
 
Many thanks
 
Victoria Watkins
North Somerset Council
Email: [email address]
Web: [1]www.n-somerset.gov.uk
 
NOTE: Please do not edit the subject line when replying to this email.

References

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Dear North Somerset Council,

I have followed the link you have given but that contains none of the information I have requested. Hence I do not consider that this meets "information is already accessible".

If the information resides with another department within the council then it is FOI's job to request it and reply, otherwise what is the point of FOI department? Just about every request will be for data held by other departments since FOI perform no other function except FOI. By your logic the only FOI request you can answer is how many FOI requests have you just told the requested to ask somebody else.

I would therefore ask that you reconsider your answer and failing that consider this to be a request for a review.

Yours sincerely,

Malcolm Reeves

Dear North Somerset Council,

You have not acknowledged or responded to my complaint about your claim that the information was already available which it wasn't. Nor my complaint that it was improper for FOI department not to answer an FOI request but instead say ask another department. The law requires FOIs to be answered and that duty falls on the FOI department.

May I remind you that by law you are required to respond promptly and by 14 Sept 2020 (20 days). I realise that we are in Covid times but many other authorities have managed to reply and well within 20 days.

If you will not supplied the information requested then you may consider this a request for an internal review.

Yours faithfully,

Malcolm Reeves

North Somerset Council

Dear Mr Reeves,
 
We don't actually hold a record that can provide the information
requested. We need to research a number of records to extract the
information. The records are held in our legal service and they have
confirmed that they will are able to do this and we will get the
information to you as soon as possible.
 
Kind regards, Victoria

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[disclaimer]

Dear North Somerset Council,

I have followed the link you have given but that contains none of the
information I have requested. Hence I do not consider that this meets
"information is already accessible".

If the information resides with another department within the council then
it is FOI's job to request it and reply, otherwise what is the point of
FOI department? Just about every request will be for data held by other
departments since FOI perform no other function except FOI. By your logic
the only FOI request you can answer is how many FOI requests have you just
told the requested to ask somebody else.

I would therefore ask that you reconsider your answer and failing that
consider this to be a request for a review.

Yours sincerely,

Malcolm Reeves

show quoted sections

Dear North Somerset Council,

Thanks for the reply.

Yours sincerely,

Malcolm Reeves

North Somerset Council

Dear Mr Reeves,
 
Our legal service have provided the information you requested.
 

 1. How many Town and Village Green (TVG) applications has this local
authority (LA) dealt with since 19 July 2006. Or if this not possible
to obtain then the best you can do, but please specify the period of
the search.

 

 1. 9

Of these TVG applications returned in 1, for how many was the Planning
Inspectorate's opinion that the TVG application was excluded? In other
words that a trigger event had occurred with no closing event.

 

None were notified as such by the Planning Inspectorate but two were
rejected due to evidence from the Local Planning Authority that trigger
events had occurred with no closing events.

 

These were:

Portishead Golf Course, Portishead

South Clevedon Playfields / Penny Fields, Clevedon

 1. Of these TVG applications returned in 2, for how many did the
processing of the TVG application continue, in other words the LA
ignored the Planning Inspectorate's opinion that any TVG application
was excluded.

 

None

4. For the TVG applications returned in 3, please supply details of
location, LA decision on the application and any appeal details i.e. court
reference and outcome.

 

The remaining 7 applications -

 

Weston Airfield, Weston super Mare, rejected 21 September 2011

[1]http://apps.n-somerset.gov.uk/cairo/docs...

[2]http://apps.n-somerset.gov.uk/cairo/docs...

 

Prince Consort Gardens, Weston super Mare, approved 5 June 2013

[3]http://apps.n-somerset.gov.uk/cairo/docs...

[4]http://apps.n-somerset.gov.uk/cairo/docs...

 

The Lake Grounds, Portishead, rejected 10 December 2014

[5]http://apps.n-somerset.gov.uk/cairo/docs...

[6]http://apps.n-somerset.gov.uk/cairo/docs...

 

Prior's Field, Easton in Gordano, split decision (part approved, part
rejected) 8 April 2015

[7]http://apps.n-somerset.gov.uk/cairo/docs...

[8]http://apps.n-somerset.gov.uk/cairo/docs...

 

The Field / the Copse, Claverham, approved 12 July 2017

[9]http://apps.n-somerset.gov.uk/cairo/docs...

[10]http://apps.n-somerset.gov.uk/cairo/docs...

 

Brookfield Walk, Clevedon, rejected 19 August 2020

[11]https://apps.n-somerset.gov.uk/Meetings/...

 

The Perrings, Nailsea  - not yet determined

 

Kind regards, Victoria

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[disclaimer]

Dear North Somerset Council,

Thanks for the reply.

Yours sincerely,

Malcolm Reeves

show quoted sections

Dear North Somerset Council,

Thanks for the very complete information.

Yours sincerely,

Malcolm Reeves