We don't know whether the most recent response to this request contains information or not – if you are Andrew White please sign in and let everyone know.

Works at 28 Grasmere Road - Building Control Body (CAS-165947-X6B2D4 18/01575/FUL)

We're waiting for Andrew White to read a recent response and update the status.

Dear Croydon Borough Council,

The Building (Approved Inspectors etc.) Regulations 2010

Please provide copies of the Initial Notice (19/00789/IN) and any other Notice served by an Approved Inspector under the Regulations, with regard to the works currently taking place at 28 Grasmere Road, Purley, CR8 1DU.

Yours faithfully,
Andrew White

Croydon Council,

FOI/EIR request
Our reference: 2066348

show quoted sections

Croydon Council,

1 Attachment

FOI/EIR request
Our reference: 2066348

show quoted sections

Dear Croydon Borough Council,

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

I am writing to request an internal review of Croydon Borough Council's handling of my FOI request 'Works at 28 Grasmere Road - Building Control Body (CAS-165947-X6B2D4 18/01575/FUL)'.

The Building (Approved Inspectors etc.) Regulations 2010
I asked for COPIES of any Notice served by an Approved Inspector under the Regulations, including 19/00789/IN.

COPIES of such information CANNOT be found on the Council's website .... Regulation 6(1)(b) does NOT apply.

You have NOT confirmed or denied that the Council holds any relevant information.
+++ COPIES of the information requested (redacted ONLY as required by legislation) should now be provided without further delay.

It is important that the public can be assured that any such notice FULLY complies with the requirements of the Regulations. For example, where the Council's online register shows the status of an initial notice as "Deemed Approved-Not decided stat Period", we should be able to see that it should not in fact have been refused, for any of the reasons set out in the Regulations (s10).

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

Yours faithfully,

Andrew White

Patel, Mohammed,

1 Attachment

Dear Mr White,

Further to your email of 27 May 2020, we acknowledge your request for an
internal review regarding the Council’s handling of your request for
information under the Freedom of Information Act 2000.   

We can confirm your request has been actioned and is currently being
investigated.

We aim to complete this task within 20 working days of the request and
will therefore endeavor to provide you with a full response by 24 June
2020. If we are unable to meet this deadline, we will let you know in
advance.

Yours sincerely,

Mohammed Patel

Trainee Solicitor

 

[1]cid:image001.png@01D21F1F.66A39710

 

Resources Department

For Director of Law & Governance

Bernard Weatherill  House

7th Floor, Zone C

8 Mint Walk

Croydon CR0 1EA

DX: 136017 Croydon 17

Tel: 020 8686 4433

 

To allow us to deal with the disruption caused by Coronavirus /COVID-19
please communicate with us only by email and not by post. Our lawyers and
support colleagues may be working from different locations. Legal Services
will communicate electronically only. We do not have a fax in our service.
We will accept service of court proceedings for the Council by email on
any business day between the hours of 9am and 4.30pm. Any email received
after 4.30pm will be deemed to be served on us the next business day. The
email address for service is [2][email address]

 

Council services, online, 24/7 www.croydon.gov.uk/myaccount.

Please use this web site address to view the council's e-mail disclaimer -
http://www.croydon.gov.uk/email-disclaimer

References

Visible links
2. mailto:[email address]

Patel, Mohammed,

1 Attachment

Dear Mr White,

 

I write further to my email below.

 

Unfortunately it will not be possible for me to respond to your internal
review within the original timeframe of 20 working days.

 

The ICO recommends a time limit of 20 to 40 working days therefore I am
extending this deadline to a further 20 working days. You should now
expect to receive a response by Friday 17 July 2020.

 

I apologise for any inconvenience this may cause.

 

Regards,

 

Mohammed Patel

Trainee Solicitor

 

[1]cid:image001.png@01D21F1F.66A39710

 

Resources Department

For Director of Law & Governance

Bernard Weatherill  House

7th Floor, Zone C

8 Mint Walk

Croydon CR0 1EA

DX: 136017 Croydon 17

Tel: 020 8686 4433

 

To allow us to deal with the disruption caused by Coronavirus /COVID-19
please communicate with us only by email and not by post. Our lawyers and
support colleagues may be working from different locations. Legal Services
will communicate electronically only. We do not have a fax in our service.
We will accept service of court proceedings for the Council by email on
any business day between the hours of 9am and 4.30pm. Any email received
after 4.30pm will be deemed to be served on us the next business day. The
email address for service is [2][email address]

 

From: Patel, Mohammed
Sent: 29 May 2020 12:24
To: [FOI #661672 email]
Subject: Internal Review Request - Our reference: 2066348

 

Dear Mr White,

Further to your email of 27 May 2020, we acknowledge your request for an
internal review regarding the Council’s handling of your request for
information under the Freedom of Information Act 2000.   

We can confirm your request has been actioned and is currently being
investigated.

We aim to complete this task within 20 working days of the request and
will therefore endeavor to provide you with a full response by 24 June
2020. If we are unable to meet this deadline, we will let you know in
advance.

Yours sincerely,

Mohammed Patel

Trainee Solicitor

 

[3]cid:image001.png@01D21F1F.66A39710

 

Resources Department

For Director of Law & Governance

Bernard Weatherill  House

7th Floor, Zone C

8 Mint Walk

Croydon CR0 1EA

DX: 136017 Croydon 17

Tel: 020 8686 4433

 

To allow us to deal with the disruption caused by Coronavirus /COVID-19
please communicate with us only by email and not by post. Our lawyers and
support colleagues may be working from different locations. Legal Services
will communicate electronically only. We do not have a fax in our service.
We will accept service of court proceedings for the Council by email on
any business day between the hours of 9am and 4.30pm. Any email received
after 4.30pm will be deemed to be served on us the next business day. The
email address for service is [4][email address]

 

Council services, online, 24/7 www.croydon.gov.uk/myaccount.

Please use this web site address to view the council's e-mail disclaimer -
http://www.croydon.gov.uk/email-disclaimer

References

Visible links
2. mailto:[email address]
4. mailto:[email address]

Dear Patel, Mohammed,

Yours sincerely,

Andrew White

Patel, Mohammed,

1 Attachment

Dear Mr White,

 

Further to my email below, unfortunately we are not in a position to
provide you with a response today.

 

We should be able to provide you with a full response by Friday 24 July
2020.

 

We apologise for any inconvenience caused.

 

Regards,

 

Mohammed Patel

Trainee Solicitor

 

[1]cid:image001.png@01D21F1F.66A39710

 

Resources Department

For Director of Law & Governance

Bernard Weatherill  House

7th Floor, Zone C

8 Mint Walk

Croydon CR0 1EA

DX: 136017 Croydon 17

Tel: 020 8686 4433

 

To allow us to deal with the disruption caused by Coronavirus /COVID-19
please communicate with us only by email and not by post. Our lawyers and
support colleagues may be working from different locations. Legal Services
will communicate electronically only. We do not have a fax in our service.
We will accept service of court proceedings for the Council by email on
any business day between the hours of 9am and 4.30pm. Any email received
after 4.30pm will be deemed to be served on us the next business day. The
email address for service is [2][email address]

 

 

 

 

From: Patel, Mohammed
Sent: 19 June 2020 13:41
To: [FOI #661672 email]
Subject: RE: Internal Review Request - Our reference: 2066348

 

Dear Mr White,

 

I write further to my email below.

 

Unfortunately it will not be possible for me to respond to your internal
review within the original timeframe of 20 working days.

 

The ICO recommends a time limit of 20 to 40 working days therefore I am
extending this deadline to a further 20 working days. You should now
expect to receive a response by Friday 17 July 2020.

 

I apologise for any inconvenience this may cause.

 

Regards,

 

Mohammed Patel

Trainee Solicitor

 

[3]cid:image001.png@01D21F1F.66A39710

 

Resources Department

For Director of Law & Governance

Bernard Weatherill  House

7th Floor, Zone C

8 Mint Walk

Croydon CR0 1EA

DX: 136017 Croydon 17

Tel: 020 8686 4433

 

To allow us to deal with the disruption caused by Coronavirus /COVID-19
please communicate with us only by email and not by post. Our lawyers and
support colleagues may be working from different locations. Legal Services
will communicate electronically only. We do not have a fax in our service.
We will accept service of court proceedings for the Council by email on
any business day between the hours of 9am and 4.30pm. Any email received
after 4.30pm will be deemed to be served on us the next business day. The
email address for service is [4][email address]

 

 

From: Patel, Mohammed
Sent: 29 May 2020 12:24
To: [5][FOI #661672 email]
Subject: Internal Review Request - Our reference: 2066348

 

Dear Mr White,

Further to your email of 27 May 2020, we acknowledge your request for an
internal review regarding the Council’s handling of your request for
information under the Freedom of Information Act 2000.   

We can confirm your request has been actioned and is currently being
investigated.

We aim to complete this task within 20 working days of the request and
will therefore endeavor to provide you with a full response by 24 June
2020. If we are unable to meet this deadline, we will let you know in
advance.

Yours sincerely,

Mohammed Patel

Trainee Solicitor

 

[6]cid:image001.png@01D21F1F.66A39710

 

Resources Department

For Director of Law & Governance

Bernard Weatherill  House

7th Floor, Zone C

8 Mint Walk

Croydon CR0 1EA

DX: 136017 Croydon 17

Tel: 020 8686 4433

 

To allow us to deal with the disruption caused by Coronavirus /COVID-19
please communicate with us only by email and not by post. Our lawyers and
support colleagues may be working from different locations. Legal Services
will communicate electronically only. We do not have a fax in our service.
We will accept service of court proceedings for the Council by email on
any business day between the hours of 9am and 4.30pm. Any email received
after 4.30pm will be deemed to be served on us the next business day. The
email address for service is [7][email address]

 

Council services, online, 24/7 www.croydon.gov.uk/myaccount.

Please use this web site address to view the council's e-mail disclaimer -
http://www.croydon.gov.uk/email-disclaimer

References

Visible links
2. mailto:[email address]
4. mailto:[email address]
5. mailto:[FOI #661672 email]
7. mailto:[email address]

Patel, Mohammed,

1 Attachment

Dear Mr White,

 

Re:     Internal Review Request

Our reference: 2066348

 

Further to your email of 27^th May 2020, we are now in a position to
provide you with a full response to your internal review request.

 

Background

 

In your email of 1^st May 2020, you requested the following:

 

“Please provide copies of the Initial Notice (19/00789/IN) and any other
Notice served by an Approved Inspector under the Regulations, with regard
to the works currently taking place at 28 Grasmere Road, Purley, CR8 1DU.”

 

 

On 26^th May 2020, the Council issued the following response:

 

“This information can be searched on the planning and building control
register, please see link below. Regulation 6(1)(b) of the Environmental
Information Regulations therefore applies where the requested information
is already publicly available and easily accessible to the applicant in
another form or format.
[1]https://publicaccess3.croydon.gov.uk/onl...

 

Internal Review

 

Subsequently, on 27^th May 2020, you raised a request for an internal
review of the Council’s response:

 

“I am writing to request an internal review of Croydon Borough Council's
handling of my FOI request 'Works at 28 Grasmere Road - Building Control
Body (CAS-165947-X6B2D4 18/01575/FUL)'. The Building (Approved Inspectors
etc.) Regulations 2010 I asked for COPIES of any Notice served by an
Approved Inspector under the Regulations, including 19/00789/IN. COPIES of
such information CANNOT be found on the Council's website .... Regulation
6(1)(b) does NOT apply.

 

You have NOT confirmed or denied that the Council holds any relevant
information.

 

+++ COPIES of the information requested (redacted ONLY as required by
legislation) should now be provided without further delay.

 

It is important that the public can be assured that any such notice FULLY
complies with the requirements of the Regulations. For example, where the
Council's online register shows the status of an initial notice as "Deemed
Approved-Not decided stat Period", we should be able to see that it should
not in fact have been refused, for any of the reasons set out in the
Regulations (s10).”

 

Response

 

We note your comments stating that a copy of the Notice19/00789/IN is not
available on the Council website.

 

In terms of statutory requirements as to the holding of building control
notices, the Council provides an online register, which meets the
requirements of Section 56 of the Building Act 1984. Section 30 of the
Building (Approved Inspectors etc.) Regulations 2010 describes the
information which should be included with the online register.

“30.— Register of notices and certificates

(1) The register which local authorities shall keep under section 56 of
the Act1 shall contain the information set out in paragraph (2) with
respect to—

(a) initial notices, amendment notices, notices under section 51C of the
Act2 or public body's notices currently in force, and

(b) certificates described in paragraph (3) which have been accepted or
are presumed to have been accepted.

 

(2) The information to be registered is—

(a) the description of the work to which the notice or certificate relates
and of the location of the work;

(b) the name and address of any person who signed the notice or
certificate;[ and]3

[...]4

(d) the date on which the notice or certificate was accepted or was
presumed to have been accepted.

 

(3) The certificates referred to in paragraph (1) are plans certificates,
final certificates, public body's plans certificates, public body's final
certificates and certificates given under section 16(9) of the Act.

 

(4) A register shall include an index for enabling a person to trace any
entry in the register by reference to the address of the land to which the
notice or certificate relates.

 

(5) The information prescribed in paragraph (2) shall be entered in the
register as soon as practicable and in any event within 14 days of the
occurrence to which it relates.”

 

Based on the above, there is no express requirement for the Council to
provide a copy of the building control notice as part of the online
register. The Council’s online register does provide information such as
the application received date, a description of the works and the status
of the application, therefore, it is clear that the Council have met their
statutory obligations in this respect.

 

In addition, we can confirm that the Council does hold a copy of the
Notice 19/00789/IN. However, Regulation 13(1) of the Environmental
Information Regulations 2004 (EIR) states that information shall not be
disclosed where it is the personal data of an individual other than the
applicant, and where disclosure of the information would contravene any of
the principles of the Data Protection Act 2018.

 

The most relevant principle is principle (a), which states:

 

“Personal data shall be processed lawfully, fairly and in a transparent
manner in relation to the data subject.”

 

This means that the data can only be released if it is lawful, fair and
transparent. A Building Control Notice contains information about the
building works proposed by the owners and also personal information such
as names, addresses and telephone numbers. It also includes sensitive
information about the particular property.

 

Therefore, it is the Council’s view that that disclosing the Building
Control Notice would be unlawful and in breach of the above GDPR
principle, based on the fact that the Notice contains personal data of
another party. Further, according to Regulation 12(3) of the EIR, if the
information requested contains personal data, this should not be
disclosed. Therefore, the Council is withholding this information and it
will not be provided to you.

 

In relation to providing details of the approved inspector, we understand
this information has already been provided to you on 19 May 2020. For
information, the approved inspector is Stroma Building Control Ltd on
01892 891 282 and their address is as follows:

 

Stroma Building Control

Teaselwood Barn

Lamberhurst Vineyard

Furnance Lane

Lamberhurst

Tunbridge Wells

Kent

TN3 8LA

 

If you are not happy with the outcome of this internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Regards,

 

Mohammed Patel

Trainee Solicitor

 

[2]cid:image001.png@01D21F1F.66A39710

 

Resources Department

For Director of Law & Governance

Bernard Weatherill  House

7th Floor, Zone C

8 Mint Walk

Croydon CR0 1EA

DX: 136017 Croydon 17

Tel: 020 8686 4433

 

To allow us to deal with the disruption caused by Coronavirus /COVID-19
please communicate with us only by email and not by post. Our lawyers and
support colleagues may be working from different locations. Legal Services
will communicate electronically only. We do not have a fax in our service.
We will accept service of court proceedings for the Council by email on
any business day between the hours of 9am and 4.30pm. Any email received
after 4.30pm will be deemed to be served on us the next business day. The
email address for service is [3][email address]

 

 

From: Patel, Mohammed
Sent: 17 July 2020 16:06
To: [FOI #661672 email]
Subject: RE: Internal Review Request - Our reference: 2066348

 

Dear Mr White,

 

Further to my email below, unfortunately we are not in a position to
provide you with a response today.

 

We should be able to provide you with a full response by Friday 24 July
2020.

 

We apologise for any inconvenience caused.

 

Regards,

 

Mohammed Patel

Trainee Solicitor

 

[4]cid:image001.png@01D21F1F.66A39710

 

Resources Department

For Director of Law & Governance

Bernard Weatherill  House

7th Floor, Zone C

8 Mint Walk

Croydon CR0 1EA

DX: 136017 Croydon 17

Tel: 020 8686 4433

 

To allow us to deal with the disruption caused by Coronavirus /COVID-19
please communicate with us only by email and not by post. Our lawyers and
support colleagues may be working from different locations. Legal Services
will communicate electronically only. We do not have a fax in our service.
We will accept service of court proceedings for the Council by email on
any business day between the hours of 9am and 4.30pm. Any email received
after 4.30pm will be deemed to be served on us the next business day. The
email address for service is [5][email address]

 

 

 

 

From: Patel, Mohammed
Sent: 19 June 2020 13:41
To: [6][FOI #661672 email]
Subject: RE: Internal Review Request - Our reference: 2066348

 

Dear Mr White,

 

I write further to my email below.

 

Unfortunately it will not be possible for me to respond to your internal
review within the original timeframe of 20 working days.

 

The ICO recommends a time limit of 20 to 40 working days therefore I am
extending this deadline to a further 20 working days. You should now
expect to receive a response by Friday 17 July 2020.

 

I apologise for any inconvenience this may cause.

 

Regards,

 

Mohammed Patel

Trainee Solicitor

 

[7]cid:image001.png@01D21F1F.66A39710

 

Resources Department

For Director of Law & Governance

Bernard Weatherill  House

7th Floor, Zone C

8 Mint Walk

Croydon CR0 1EA

DX: 136017 Croydon 17

Tel: 020 8686 4433

 

To allow us to deal with the disruption caused by Coronavirus /COVID-19
please communicate with us only by email and not by post. Our lawyers and
support colleagues may be working from different locations. Legal Services
will communicate electronically only. We do not have a fax in our service.
We will accept service of court proceedings for the Council by email on
any business day between the hours of 9am and 4.30pm. Any email received
after 4.30pm will be deemed to be served on us the next business day. The
email address for service is [8][email address]

 

 

From: Patel, Mohammed
Sent: 29 May 2020 12:24
To: [9][FOI #661672 email]
Subject: Internal Review Request - Our reference: 2066348

 

Dear Mr White,

Further to your email of 27 May 2020, we acknowledge your request for an
internal review regarding the Council’s handling of your request for
information under the Freedom of Information Act 2000.   

We can confirm your request has been actioned and is currently being
investigated.

We aim to complete this task within 20 working days of the request and
will therefore endeavor to provide you with a full response by 24 June
2020. If we are unable to meet this deadline, we will let you know in
advance.

Yours sincerely,

Mohammed Patel

Trainee Solicitor

 

[10]cid:image001.png@01D21F1F.66A39710

 

Resources Department

For Director of Law & Governance

Bernard Weatherill  House

7th Floor, Zone C

8 Mint Walk

Croydon CR0 1EA

DX: 136017 Croydon 17

Tel: 020 8686 4433

 

To allow us to deal with the disruption caused by Coronavirus /COVID-19
please communicate with us only by email and not by post. Our lawyers and
support colleagues may be working from different locations. Legal Services
will communicate electronically only. We do not have a fax in our service.
We will accept service of court proceedings for the Council by email on
any business day between the hours of 9am and 4.30pm. Any email received
after 4.30pm will be deemed to be served on us the next business day. The
email address for service is [11][email address]

 

Council services, online, 24/7 www.croydon.gov.uk/myaccount.

Please use this web site address to view the council's e-mail disclaimer -
http://www.croydon.gov.uk/email-disclaimer

References

Visible links
1. https://publicaccess3.croydon.gov.uk/onl...
3. mailto:[email address]
5. mailto:[email address]
6. mailto:[FOI #661672 email]
8. mailto:[email address]
9. mailto:[FOI #661672 email]
11. mailto:[email address]

We don't know whether the most recent response to this request contains information or not – if you are Andrew White please sign in and let everyone know.