Update to the Strategic Leisure Feasibility Report

The request was successful.

Dear Shepway District Council,

I understand that an update to the Strategic Leisure feasibility report (re the new Hythe Leisure Centre) was commissioned within the last 6 months and I would be grateful if you would provide me with a copy.

Yours faithfully,

Lesley Whybrow

Shepway District Council

Dear Lesley Whybrow,

Thank you for your request dated 30th November 2016. 

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.

Kind regards,

Miss Ayse Niazi
Complaints,FOI and Street Naming and numbering 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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Dear Shepway District Council,

The reply to my FoI request dated 1 December 2016 is now overdue. I would be grateful if you would respond as soon as possible.

Yours faithfully,

Lesley Whybrow

Shepway District Council

Dear Mrs Whybrow,

 

I am writing in respect of your Freedom of Information request dated 30
November 2016.

As you are aware, the statutory deadline for dealing with FOI requests is
20 working days. However, the Freedom of Information Act 2000 defines a
number of exemptions that may prevent release of information.  The
legislation allows for additional time where a public interest test is
being considered in respect of any such exemptions.

I have to advise you that we are undertaking a public interest test in
respect of Section 22:  Information intended for future publication.

 

We will respond to you as soon as possible.

 

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

 

Freedom of Information Appeals Officer
Compliance & Information Governance
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 [2]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
[3]www.informationcommissioner.gov.uk

 

Yours sincerely,

 

 

 

Rachel Neville

Information and Legal Officer

Tel: 01303 853437

Mob:  07802 720679

Shepway District Council, Civic Centre, Castle Hill Avenue,

Folkestone, Kent, CT20 2QY

E-mail: [4][Shepway District Council request email]

Website: [5]www.shepway.gov.uk

                                           

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Shepway District Council

Dear Mrs. Whybrow

 

I refer to your request dated 30 November 2016 made under the Freedom of
Information Act 2000 as follows:-

 

“I understand that an update to the Strategic Leisure feasibility report
(re the new Hythe Leisure Centre) was commissioned within the last 6
months and I would be grateful if you would provide me with a copy.”

I can confirm that the council holds the information requested.  However
the council has decided to refuse your request on the ground of the
exemption contained in s22 Freedom of Information Act 2000 namely  the
council intends to publish it at a future date and it is reasonable not to
disclose it until then.

The document will be a background paper to the report that is due to be
submitted to the council’s cabinet on 7 February 2017.  The document will
therefore be available from 30 January 2017 provided there is no slippage
in the timetable.  I will ensure that you are sent a copy of the document
as soon as it is available generally.

I have considered whether the public interest in maintaining the exemption
is greater than the public interest in disclosing the information.  I have
come to the conclusion that the public interest in withholding the
information outweighs the public interest in disclosure.  In reaching this
conclusion I have taken in to account that the information will be
published shortly and there will be a report setting out its context.

 

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
Democratic Services and Law
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 0303 123 1113 (local rate) or 01625 545 745 if you prefer to use
a national rate number

[2]www.ico.org.uk

Yours sincerely

Peter Wignall
T: 01303 853437
Shepway District Council, Civic Centre,
Castle Hill Avenue, Folkestone, Kent. CT20 2QY
E: [3][Shepway District Council request email]

[4]www.shepway.gov.uk
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Dear Shepway District Council,

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

I am writing to request an internal review of Shepway District Council's handling of my FOI request 'Update to the Strategic Leisure Feasibility Report'.Being subject to the Environmental Information Regulations, Shepway District Council is required to consider whether the information that has been asked for is environmental or not, and then deal with the request underthe appropriate legislation. My request relates to the development of Princes Parade, which is known by the council to be subject to environmental emissions and therefor the Environmental Information Regulations legislation should have been applied. Indeed that has been your previous practice for requests concerned with Princes Parade– for example your response of 13 Oct 2016 to Mr. Lay to his FOI request (“correspondence between SDC and English Heritage/Historic England”) was correctly handled under the Environmental Information Regulations.You have cited the section 22 provision as the reason for rejecting my request, after having carried out a Public Interest Test. However, unlike the FOIA, the Environmental Information Regulations do not provide for a section 22 exemption to be applied.For that reason I ask that you release the requested report with immediate effect since further delay will prejudice the ability of the public to make representations in time for the Cabinet meeting of 7th Feb 2017, for which this is a key document. Notwithstanding the application of the EIR, please provide an explanation of the reason(s) why you consider that the Public Interest Test justified you classifying the report as being exempt.

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

Yours faithfully,

Lesley Whybrow

Shepway District Council

1 Attachment

Dear Lesley Whybrow,

 

I acknowledge receipt of your application for a review of our response of
13 January 2017 to your Freedom of Information request (dated 30 November
 2016).  We will be dealing with this by way of an Internal Review in line
with the procedure outlined in our response of 9 January 2017.  Your
request will be dealt with in accordance with Shepway District Council's
policy on such matters which is subject to guidance produced by the
Information Commissioner's Office in line with Section 45 of the Freedom
of Information Act 2000.

 

We anticipate that the internal review will be completed within 20 working
days of receipt of your request, however in exceptional circumstances it
may take slightly longer. If this is the case with your enquiry, then we
will endeavour to notify you and explain why more time is needed.

 

Yours sincerely,

 

 

Eric Thomas  ACFS

Information Officer

Tel: 01303 853419

Shepway District Council, Civic Centre, Castle Hill Avenue,

Folkestone, Kent, CT20 2QY

E-mail: [1][Shepway District Council request email]

Website: [2]www.shepway.gov.uk

 

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Shepway District Council

4 Attachments

 

Dear Mrs. Whybrow 

 

I refer to your request dated 30 November 2016 for the above. The document
and appendices have now been published and I accordingly attach copies.

 

Yours sincerely

 

Peter Wignall
T: 01303 853437

Shepway District Council, Civic Centre,
Castle Hill Avenue, Folkestone, Kent. CT20 2QY
E: [1][Shepway District Council request email]
[2]www.shepway.gov.uk
 

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The contents and any attachments of this e-mail message are
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have received it in error, please advise the sender immediately by
return email and then delete it from your system. Any unauthorised
distribution or copying of this transmission, or misuse or
wrongful disclosure of information contained in it, is strictly
prohibited. Shepway District Council cannot accept liability for
any statements made which are clearly the sender's own and not
expressly made on behalf of the council. All email to and from the
council may be monitored in accordance with the council’s
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References

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Shepway District Council

 

Dear Mrs. Whybrow 

 

I refer to your request for an internal review dated 13 January 2017 of
the council's refusal of your request for the above document.

 

I understand that you have now been sent the document and appendices. The
council's original grounds of refusal no longer apply and hence I am
formally granting your request for a review.

 

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

Cheshire CK9 5AT

 

Telephone 03031231113 (local rate) or 01625545745 if you prefer to use a
national rate. Website: [1]www.ico.org.uk

 

Yours sincerely

 

 

Amandeep Khroud

Head of Democratic Services and Law

Direct dial: 01303 853253

[2][email address]

Shepway District Council, Civic Centre,

Castle Hill Avenue, Folkestone,

Kent CT20 2QY

[3]www.shepway.gov.uk

Follow us on [4]Twitter and [5]Facebook

 

The contents and any attachments of this e-mail message are
confidential and intended only for the named addressees. If you
have received it in error, please advise the sender immediately by
return email and then delete it from your system. Any unauthorised
distribution or copying of this transmission, or misuse or
wrongful disclosure of information contained in it, is strictly
prohibited. Shepway District Council cannot accept liability for
any statements made which are clearly the sender's own and not
expressly made on behalf of the council. All email to and from the
council may be monitored in accordance with the council’s
policies.

References

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Dear Shepway District Council,

Can you please clarify what you mean? I had already requested an internal review and I would like that to continue. You declined my request because the information was going to be published so it's rather odd that you have now provided me with the information despite the fact that I can find no sign that it has in fact been published anywhere.

Yours faithfully,

Lesley Whybrow

Shepway District Council

1 Attachment

Dear Mrs Whybrow

 

I refer to your email of 31 January 2017.

 

I understand that Mr. Wignall has already offered his apologies for the
fact that the information was not published initially as intended.  This
has now been rectified  and I note that you were sent the document on the
date of intended publication.  I do not consider that you have suffered
any detriment.

 

Turning to the internal review I consider that the council’s original
decision was correct for the reasons stated in the refusal notice. 
However circumstances have changed and the exemption no longer applies. 
You have been supplied with the document requested.

 

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

Cheshire CK9 5AT  

 

Telephone 03031231113 (local rate) or 01625545745 if you prefer to use a 
national rate. Website: [1][1]www.ico.org.uk  

 

Yours sincerely

 

  

 

Amandeep Khroud

Head of Democratic Services and Law

Direct dial: 01303 853253

[2][email address]

Shepway District Council, Civic Centre,

Castle Hill Avenue, Folkestone,

Kent CT20 2QY

[3]www.shepway.gov.uk

 

[4]cid:image002.jpg@01CF1DB6.D3890760

 

The contents and any attachments of this e-mail message are
confidential and intended only for the named addressees. If you
have received it in error, please advise the sender immediately by
return email and then delete it from your system. Any unauthorised
distribution or copying of this transmission, or misuse or
wrongful disclosure of information contained in it, is strictly
prohibited. Shepway District Council cannot accept liability for
any statements made which are clearly the sender's own and not
expressly made on behalf of the council. All email to and from the
council may be monitored in accordance with the council’s
policies.

References

Visible links
1. http://www.ico.org.uk/
2. mailto:[email address]
3. http://www.shepway.gov.uk/

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