Withheld Documents Pertaining to Planning Process

The request was partially successful.

Dear Chichester District Council,

I am concerned to find that the Council can choose to withhold documents and correspondence concerning planning applications.

Specifically, the Council has withheld correspondence from Councillor Tassell to the Planning Department concerning 08/04218/FUL - West Ashling Chapel Common Road Funtington West Sussex.

Will you please provide copies of all correspondence, including from/to Councillor Tassell, that is not available to view online eg. Parish Council, County Council, individuals etc.

Yours faithfully,

Andrew Hooper

Marilyn Blunden, Chichester District Council

Dear Mr. Hooper,

I confirm receipt of your request for information which will be dealt
with under the Freedom of Information Act 2000 and will be answered
within 20 working days (ie. by the 14 February 2011).

Yours sincerely,

Marilyn Blunden
FOI Co-ordinator

Chichester District Council
Tel: 01243 785166 ext 5164 | Fax: 01243 776766 |
[email address] | http://www.chichester.gov.uk

show quoted sections

Dear Chichester District Council,

I believe that meetings have been held between the Council and other parties eg. members of the Parish Council, County Council etc., to discuss this development. Please provide copies of all correspondence, minutes of meetings etc., pertaining to this development that are not available online.

If any documents are withheld, please specify the reference for each document and the reasons in accordance with FOI Act that they are not being made public.

Yours faithfully,

Andrew Hooper

Marilyn Blunden, Chichester District Council

Dear Mr. Hooper,

Could you please clarify your Freedom of Information request by letting
me have details of the property you are referring to.

Yours sincerely,

Marilyn Blunden
FOI Co-ordinator

Chichester District Council
Tel: 01243 785166 ext 5164 | Fax: 01243 776766 |
[email address] | http://www.chichester.gov.uk

show quoted sections

Dear Marilyn Blunden,

West Ashling Chapel, Common Road, Funtington, West Sussex, PO18 9DH and the Applicant Dr Paul Strickland.

Any documents not available online concerning this property and/or project.

Yours sincerely,

Andrew Hooper

Sam Carter, Chichester District Council

1 Attachment

Dear Mr Hooper

Following your recent Freedom Of Information request, please find
attached copies of correspondence which refer to planning application
08/04218/FUL which are not publicly available across the Councils
website.

Please note that under the Environmental Information Regulations 2004,
the Council is entitled to refuse disclosure of internal communications.

Yours sincerely

Sam Carter
Administration Manager
Development Management
Chichester District Council
Tel: 01243 53 4734 | Fax: 01243 776766 | [email address] |
http://www.chichester.gov.uk

show quoted sections

Dear Chichester District Council,

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

I am writing to request an internal review of Chichester District Council's handling of my FOI request 'Withheld Documents Pertaining to Planning Process'.

I am very grateful for the helpful documents I have been sent in response to my FOI request. However, I am concerned that CDC claims that it is entitled to refuse disclosure of internal communications under the Environmental Information Regulations 2004.

These Regulations only permit information to be withheld in very specific circumstances; see 2004 No.3391 Part 3 Regulation 12. I do not believe that such conditions for an exception to disclose apply in this case. I note that under Regulation 19 of the same S.I. that it is an offence to withhold information to which I am entitled.

Having spoken to the Information Commissioner's Office I seek this review as a courtesy to CDC to reconsider its response to my request and to either provide the information requested or an explanation as to why it is being withheld.

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

Yours faithfully,

Andrew Hooper

Marilyn Blunden, Chichester District Council

SENT ON BEHALF OF D. SHEPHERD, DORECTOR OF CORPORATE SERVICES

Dear Mr Hopper

Your FOI review has been passed to me for consideration. I have looked at
your original request and the correspondence from our officers and have
made the following observations.

1. Your initial request related to information concerning a planning
application. Planning applications are considered environmental
information and therefore fall within the 2004 Environmental Information
Regulations (EAR).

2. Regulation 12 of the EIR sets out various exemptions which allow
us to refuse disclosure of certain environmental information. Regulation
12 (4)(e)- 'Request requiring disclosure in internal communication' is one
of these exemptions. However, all exemptions under EIR are subject to a
public interested test.

3. Based on this public interest test it is appropriate for the
attached email to be released to you. However, all other internal emails
should not be released. The reasoning for withholding the others is as
follows:

It is considered that elected Members should have the opportunity of
raising issues with Officers without all of that correspondence coming
into the public domain. Councillors may correspond with Officers either
to obtain advice or on occasion vent their frustration concerning certain
applications. This free and frank exchange of views facilitates the
democratic process so that councillors understand the reasons why Officers
have given advice and Officers understand the concern and motivation of
the Cllr. If this correspondence were to become public it is likely to
impede this exchange of views to the detriment of the planning process.
It is therefore considered that the balance of public interest rests in
retaining the information rather than releasing it.

If you are not satisfied with my response then you have the right to have
your concerns heard by the Information Commissioner.

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

Or email: [email address]

Yours Sincerely

Diane Shepherd
Director of Corporate Services
Corporate Services
Chichester District Council
Tel: 01243 53 4511 | Fax: 01243 776766 | [email address] |
[1]http://www.chichester.gov.uk

Marilyn Blunden
Secretarial & Office Support Officer

Chichester District Council
Tel: 01243 785166 ext 5164 | Fax: 01243 776766 |
[email address] | [2]http://www.chichester.gov.uk

show quoted sections

Marilyn Blunden, Chichester District Council

1 Attachment

<<pla_sam-3-3-11.pdf>>
SENT ON BEHALF OF D. SHEPHERD, DORECTOR OF CORPORATE SERVICES

Dear Mr Hopper

Your FOI review has been passed to me for consideration. I have looked at
your original request and the correspondence from our officers and have
made the following observations.

1. Your initial request related to information concerning a planning
application. Planning applications are considered environmental
information and therefore fall within the 2004 Environmental Information
Regulations (EAR).

2. Regulation 12 of the EIR sets out various exemptions which allow
us to refuse disclosure of certain environmental information. Regulation
12 (4)(e)- 'Request requiring disclosure in internal communication' is one
of these exemptions. However, all exemptions under EIR are subject to a
public interested test.

3. Based on this public interest test it is appropriate for the
attached email to be released to you. However, all other internal emails
should not be released. The reasoning for withholding the others is as
follows:

It is considered that elected Members should have the opportunity of
raising issues with Officers without all of that correspondence coming
into the public domain. Councillors may correspond with Officers either
to obtain advice or on occasion vent their frustration concerning certain
applications. This free and frank exchange of views facilitates the
democratic process so that councillors understand the reasons why Officers
have given advice and Officers understand the concern and motivation of
the Cllr. If this correspondence were to become public it is likely to
impede this exchange of views to the detriment of the planning process.
It is therefore considered that the balance of public interest rests in
retaining the information rather than releasing it.

If you are not satisfied with my response then you have the right to have
your concerns heard by the Information Commissioner.

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

Or email: [email address]

Yours Sincerely

Diane Shepherd
Director of Corporate Services
Corporate Services
Chichester District Council
Tel: 01243 53 4511 | Fax: 01243 776766 | [email address] |
[1]http://www.chichester.gov.uk

show quoted sections