Review conducted at the request of Philip Stebbings, mailto: regarding the response to a request for information in accordance with the Freedom of Information Act 2000 (the Act).

Report at Step 2 of the Corporate Complaints Procedure by the Interim Service Manager (legal).

Please note that all correspondence in this report has been quoted verbatim and no amendments/adjustments have been made in transcribing from the originals.

Complaint

On the 13 November 2015 Mr Stebbings submitted a request for information:

I would like information as to whether Parking Eye (as the

operator) or the landowner at ALDI Store, Dettingen way, Bury St Edmunds have planning consent for signage and the use of ANPR cameras on site.

The Council replied on the 26 November 2015:

I refer to your request for information dated the 13 November 2015.

As you may be aware, St Edmundsbury Borough Council and Forest Heath District Council are working together under the banner West Suffolk to provide a shared service across the boundaries of both authorities. This response is sent on behalf of the West Suffolk councils.

Request

I would like information as to whether Parking Eye (as the operator) or the landowner at ALDI Store, Dettingen way, Bury St Edmunds have planning consent for signage and the use of ANPR cameras on site.

Response

The information you require is available on our website. There are 4 applications associated with the Aldi store in Dettingen Way, Bury St Edmunds. Below are the links to each of the application’s documents.

SE/11/0922 -

SE/12/1267/RVCON -

SE/13/0855/ADV -

DC/13/0770/VAR -

If you are unhappy with this response you may request an internal review of this matter via the Council’s corporate complaints procedure.

If, after an internal review, you are still unhappy with the decision, you have a right of appeal to the Information Commissioner at the following address:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Tel: 01625 545 745

Fax: 01625 524 510

Email:

Mr Stebbings submitted a further email on the same day:

I write with reference to your response of 26th November 2015 in

respect of my FOI request and to inform you that your response is

totally inadequate.

My question required a simple Yes or no reply; however, instead of

answering the question you have instructed me to find the answer

myself by searching through almost 100 different documents spread

over 4 applications.

Therefore I now require you to answer my original question with a

simple yes or no; and if the answer is yes please provide a copy of

the planning permission.

Findings

Information about land development, to include planning consents, falls within the definition of environmental information. The Environmental Information Regulations 2004 (EIR) is the correct legislation to consider when determining a request for environmental information.

There are two main obligations under EIR and local authorities must:

  • make environmental information available proactively, using easily accessible electronic means whenever possible; and
  • respond to requests for environmental information.

Regulation 9(1) of the EIR provides that a local authority shall provide advice and assistance, so far as it would be reasonable to expect the authority to do so, to applicants for information.

Looking at the response to Mr Stebbings’ request for information it is clear that both obligations under the EIR have been met by the Council:

  • the information he has request is available using easily accessible electronic means, i.e. the Council’s website; and
  • Mr Stebbings received a reply to his request for information.

In its response, the Council has included references and web-links to the information he has requested. I consider this complies with the Council’s obligation under Regulation 9(1) of the EIR to provide advice and assistance.

Conclusion

I am satisfied that Mr Stebbings’ request for information has been answered correctly and in accordance with the requirements of the Environmental Information Regulations 2004.

Signed: ……………………………………………Dated: 18 December 2015

Interim Service Manager (Legal)