When maintenance work on a council dwelling requires access to a neighboring property (e.g. Scaffolding needs to cross a boundary).

The request was successful.

Dear Eastbourne Borough Council,

1. Could you please tell me:
How it is established whether the property requiring access is council or private?

2. Could you please tell me:
If it is established that the property is private - then what procedure is followed to contact the owner?

3. Could you please tell me:
If there are any circumstances where you access private property without seeking consent from the owner?

4. Could you please tell me:
Who is ultimately responsible for obtaining correct permission - the council or your contractors?

5. Could you please tell me:
If there is no established procedure to contact the owner or no records kept - how disputes are resolved?

Yours faithfully,

G Allans

Access to Information, Eastbourne Borough Council

Thank you for your information request received today.

 

I am currently reviewing your request and investigating whether there is
any information available for disclosure.  The council, in accordance with
Section 10 of the Freedom of Information Act (2000), will reply to your
request promptly and in any event not later than the twentieth working day
following the date of receipt.

 

Please contact me again if you require any assistance with your request
and I will do my best to provide the relevant help and advice.

 

Kind Regards

 

 

Information Governance Officer

Lewes District Council and Eastbourne Borough Council

 

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Access to Information,

1 Attachment

Dear Mr Allans

 

I refer to your information request dated 16 January 2018, received in our
office on the same day.

 

I have reviewed your request and investigated whether there is any
information which can be disclosed to you.  Please find below the
information the council holds, and which I am pleased to provide to you.

 

When maintenance work on a council dwelling requires access to a
neighbouring property (e.g. scaffolding needs to cross a boundary):

 

1. Could you please tell me how it is established whether the property
requiring access is council or private? From check of stock database.

 

2. Could you please tell me if it is established that the property is
private - then what procedure is followed to contact the owner?

 

All technical works are carried out by consultants under a framework
agreement.  Part of their duties is permissions. To date, all requests for
access have been arranged mutually and amicably and we have never had to
resort to law.

 

3. Could you please tell me if there are any circumstances where you
access private property without seeking consent from the owner? None
known.

 

4. Could you please tell me who is ultimately responsible for obtaining
correct permission - the council or your contractors? The council via its
consultant.

 

5. Could you please tell me if there is no established procedure to
contact the owner or no records kept - how disputes are resolved? Not
applicable

 

I trust that this deals with your enquiry to your satisfaction, but if you
feel that Eastbourne Borough Council has misunderstood or not responded
appropriately to your request, you have two courses of action:

 

o You can clarify the terms of your original request to allow this to be
looked at again  (if you expand your request this will be dealt with
as a new request)
o All applicants have a 'right of appeal'.  An appeal should be focused
on the original request and should identify how the council’s response
failed to answer your Information Request.  Appeals must be made in
writing (or e-mail) within 40 working days of receipt of this response
and addressed to the Information Governance Appeals Officer, to the
address below. 

 

Information Governance Appeals Officer

Lewes District Council and Eastbourne Borough Council

1 Grove Road

EASTBOURNE

BN21 4TW    

                                  

E-mail : [1][email address]

 

After the council’s internal appeals procedure has been exhausted, a
further appeal about the same Information Request can be directed to the
Information Commissioner for adjudication.  Full details will be provided
should an appeal proceed to this stage.

 

Please note:

If you are considering re-using the information disclosed to you through
this request, for any purpose outside of what could be considered for
personal use, you are required under the Public Sector Re-use of
Information Regulations 2015 to make an Application for Re-use to the
organisation you have requested the information from.  Applications for
Re-Use should be directed to the address detailed in the footer below.

 

Please contact me again, quoting your reference number, if you require any
further assistance with your current request and I will do my best to
provide the relevant help and advice.

 

Yours sincerely

 

 

Denise White
Information Governance Manager

Tel: +44(0)1323 415265

[2][email address]

Lewes and Eastbourne Legal Services acting on behalf of Lewes District
Council and Eastbourne Borough Council

 

Lewes District Council: Southover House, Southover Road, Lewes BN7 1AB 
[3]www.lewes.gov.uk. Minicom 01273 484488

Eastbourne Borough Council: 1 Grove Road, Eastbourne BN21 4TW 
[4]www.lewes-eastbourne.gov.uk. Text Relay 18001 01323 410000

 

[5]cid:image003.jpg@01D1E9A6.A42E8490

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