TVGs processed against Planning Inspectorate opinion

The request was successful.

Dear Northumberland County 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

Northumberland County Council

1 Attachment

Our Ref: 8042  

Dear Enquirer,

INFORMATION REQUEST

Thank you for your request for information which will be dealt with under
the terms of the Environmental Information Regulations 2004.

In some circumstances a fee may be payable and if that is the case, we
will let you know the likely charges before proceeding.

If you have any queries about this matter please contact us. Please
remember to quote the reference number above in any future communications.

Please note, that due to the recent outbreak of Covid-19, there may be a
delay in responding to your request. We appreciate your patience at this
busy period.

Kind regards

Information Governance Office
Northumberland County Council
County Hall
Morpeth
Northumberland
NE61 2EF

Tel: 0345 600 6400
Email: [Northumberland County Council request email]
Web: http://www.northumberland.gov.uk

Northumberland County Council

1 Attachment

Our Ref: 8042   

Dear Enquirer,

ENVIRONMENTAL INFORMATION REGULATIONS REQUEST

I refer to your Environmental Information Regulations request received
Monday 17 August 2020.

This request is being handled under the Environmental Information
Regulations 2004.

I am writing to ask you to clarify your request. This is because we are
not certain that we have understood your request correctly.  Therefore I
should be grateful if you would clarify question 1.  We are unsure whether
you want to know about planning applications that are proposing or contain
a Town or Village Greens in the description or whether you want to know
about planning applications that are within in the village green
constraints for that time period?
 
Q1. 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. 
If we do not receive your clarification within 3 calendar months from
today we will close your request. If after the 3 month period you then
provide clarification, your request will be logged as a new request. 
Yours faithfully

FOI/EIR Co-ordinator - Planning Services
Information Governance Office
Northumberland County Council
County Hall
Morpeth
Northumberland
NE61 2EF

Tel: 0345 600 6400
Email: [Northumberland County Council request email]
Web: http://www.northumberland.gov.uk

Dear Northumberland County Council,

Q1 is about applications to a commons registration authority to have a piece of land registered as a village green. Typically this would be using Commons Act 2006 15(2) a claim that a significant number of residents have used the patch of land for sports or pastimes as of a right. Q1 has nothing to do with planning applications.

Are you a commons registration authority or am I mistaken in that?

BTW my search date is in error and Q2 relates to 15C of the Commons Act 2006 and 15C I have found out was only added in 2013. I think maybe Q2 has made you think my request was to do with planning. Defra guidance says the planning inspectorate must be consulted for a TVG so no exclusion is missed.

I trust that clarifies things for you.

Yours faithfully,

Malcolm Reeves

Northumberland County Council

1 Attachment

Our Ref: 8042  

Dear Enquirer,

Request for Information

I refer to your request for information.

The Council have considered your request for information under the terms
of the Environmental Information Regulations 2004. In our view the request
falls within the scope of the broad definition of environmental
information contained within Regulation 2(1) of the Regulations.

Right of Access

The Environmental Information Regulations 2004 provide that a public
authority that holds environmental information shall make it available on
request. The Regulations create a general right of access to environmental
information held by public authorities subject to various exceptions. A
public authority may refuse to disclose environmental information if an
exception to disclosure applies and the public authority decides that in
all the circumstances the public interest in maintaining the exception
outweighs the public interest in disclosing the information.

The Council has carefully considered whether the information requested can
be disclosed under the Regulations.

Q.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.

Northumberland County Council has received ten TVG applications since 19
July 2006.

 

Q.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.

One of these was subject to a trigger event.

 

Q.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.

None

 

Q.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.

N/A

Advice and Assistance

The Council recognises its statutory duty to provide advice and assistance
under Regulation 9 of the Regulations. Subject to the provision of the
Regulations, the Council is seeking to be transparent and open in its
response.

Representations and Reconsideration

If you consider that the Council has failed to comply with a requirement
of the Regulations in relation to your request, you have a right to make
representations under Regulation 11. Representations must be made in
writing to the Council no later than 40 working days after the date on
which you believe that the Council failed to comply with a requirement of
the Regulations.

Any representation should be addressed to:

Information Governance Office
Northumberland County Council
County Hall
Morpeth
NE61 2EF

Email: [Northumberland County Council request email]

Enforcement and Appeal Provisions

Should you remain dissatisfied following the above process, you have a
right under the Regulations to apply to the Information Commissioner for a
decision as to whether your request has been dealt with in accordance with
the requirements of the Regulations. The Information Commissioners address
is:

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

Telephone no. 0303 123 1113
Email: [email address]

Yours faithfully

EIR Coordinator - Information Governance Office
Northumberland County Council
County Hall
Morpeth
NE61 2EF

Email: [Northumberland County Council request email]

Dear Northumberland County Council,

Thanks for the information.

Yours faithfully,

Malcolm Reeves