🚀 go-pugleaf

> Section 22 of the Freedom of Information Act provides an exemption
> from disclosure in the case of information "held with a view to
> publication".  That exemption is being invoked to prevent disclosure
> of the contents of a planning application file which will be made
> available for public inspection for 3 working days prior to a future
> planning committee meeting (probably 6 weeks away).  I want to see the
> file asap so that I can make meaningful representations in time to
> influence the recommendation to the committee.
>
> I don't think making a file available for public inspection for just 3
> days without even publicising that availability can amount to
> "publication".  Anybody agree or disagree with me?  Any precedents I
> can refer to?
>
> Actually there are other elements to s22 which I'm milking for all
> they're worth but it's this point about the meaning of publication
> that I'd appreciate assistance with.


Planning files are, AFAIK, always  available for publlic inspection as soon
as the application is accepted. I have never heard of any restriction on
access to them.

Peter Crosland

On 7 Apr, 09:50, "Peter Crosland" <g6...@yahoo.co.uk> wrote:
[...]
> Planning files are, AFAIK, always  available for publlic inspection as soon
> as the application is accepted. I have never heard of any restriction on
> access to them.
>
> Peter Crosland


Well you have now...  Are you aware of any rules on the matter?

--
Nogood Boyo

> Planning files are, AFAIK, always available for publlic inspection as soon
> as the application is accepted. I have never heard of any restriction on
> access to them.

>Well you have now...  Are you aware of any rules on the matter?


All planning files have been available for public inspection for more than
twenty years i.e. long before the FOI legislation. Which local authority are
you alleging does not make it available and what is the planning application
number? They are all online now as well as available for inspection in
person subject to giving a little notice for the files to be made available.

Peter Crosland

On 7 Apr, 10:30, "Peter Crosland" <g6...@yahoo.co.uk> wrote:
[...]
>
> All planning files have been available for public inspection for more than
> twenty years i.e. long before the FOI legislation. Which local authority are
> you alleging does not make it available and what is the planning application
> number? They are all online now as well as available for inspection in
> person subject to giving a little notice for the files to be made available.
>
> Peter Crosland

I'd rather not mention specifics here (don't want to antagonise them
any more than necessary) but I can email them to you if you like.

When I asked to see the file, I was told that the application would be
referred for determination by a delegated panel (officers) and that in
such cases the file was not made available to the public.  So I made
my FoI request.  At about the same time the application was called in
for consideration by a planning committee (councillors) and in such
cases the file is made available for public inspection for 3 days
prior to the committee.  My FoI request has now been refused on the
grounds that the information is held with a view to future
publication.

The authority's FoI publication scheme says that they are supposed to
publish details of their decision making processes but I can't find
details of their planning procedures anywhere.  I've made an FoI
request for that as well.

If there are planning rules (as opposed to FoI rules) about the
availability of application files, I'd be grateful if someone could
draw them to my attention.

--
Nogood Boyo

>> All planning files have been available for public inspection for more
>> than
>> twenty years i.e. long before the FOI legislation. Which local authority
>> are
>> you alleging does not make it available and what is the planning
>> application
>> number? They are all online now as well as available for inspection in
>> person subject to giving a little notice for the files to be made
>> available.
>>
>> Peter Crosland
>
> I'd rather not mention specifics here (don't want to antagonise them
> any more than necessary) but I can email them to you if you like.
>
> When I asked to see the file, I was told that the application would be
> referred for determination by a delegated panel (officers) and that in
> such cases the file was not made available to the public.  So I made
> my FoI request.  At about the same time the application was called in
> for consideration by a planning committee (councillors) and in such
> cases the file is made available for public inspection for 3 days
> prior to the committee.  My FoI request has now been refused on the
> grounds that the information is held with a view to future
> publication.
>
> The authority's FoI publication scheme says that they are supposed to
> publish details of their decision making processes but I can't find
> details of their planning procedures anywhere.  I've made an FoI
> request for that as well.
>
> If there are planning rules (as opposed to FoI rules) about the
> availability of application files, I'd be grateful if someone could
> draw them to my attention.


Please use the address g6jns@yahoo.co.uk which is valid. The local authority
are telling large porkies if they are refusing access. As I said the free
access predates the FOI legislation by many years. Take a look here for
example

http://www.southsomerset.gov.uk

Although the site is incredibly slow you will see that every application is
av ailable and full details of the agenda and the officer report have to be
available at least seven days before the meeting. All the other local
authority sites have looked at are the same.

Peter Crosland

"Nogood Boyo" <ynystawe@googlemail.com> wrote in message
news:30537723-4c0e-4217-9011-c4c363cf01e8@v15g2000yqn.googlegroups.com...
> On 7 Apr, 10:30, "Peter Crosland" <g6...@yahoo.co.uk> wrote:
> [...]
>>
>> All planning files have been available for public inspection for more
>> than
>> twenty years i.e. long before the FOI legislation. Which local authority
>> are
>> you alleging does not make it available and what is the planning
>> application
>> number? They are all online now as well as available for inspection in
>> person subject to giving a little notice for the files to be made
>> available.
>>
>> Peter Crosland
>
> I'd rather not mention specifics here (don't want to antagonise them
> any more than necessary) but I can email them to you if you like.
>
> When I asked to see the file, I was told that the application would be
> referred for determination by a delegated panel (officers) and that in
> such cases the file was not made available to the public.  So I made
> my FoI request.  At about the same time the application was called in
> for consideration by a planning committee (councillors) and in such
> cases the file is made available for public inspection for 3 days
> prior to the committee.  My FoI request has now been refused on the
> grounds that the information is held with a view to future
> publication.
>
> The authority's FoI publication scheme says that they are supposed to
> publish details of their decision making processes but I can't find
> details of their planning procedures anywhere.  I've made an FoI
> request for that as well.
>
> If there are planning rules (as opposed to FoI rules) about the
> availability of application files, I'd be grateful if someone could
> draw them to my attention.
>

Have you talked to your local councillor?  There used to be an ombudsman who
looked after policies which were outside of statutory requirements.

"Nogood Boyo" <ynystawe@googlemail.com> wrote in message
news:9f853617-eb1e-4d42-b457-b3871f51174d@y13g2000yqn.googlegroups.com...
> Section 22 of the Freedom of Information Act provides an exemption
> from disclosure in the case of information "held with a view to
> publication".  That exemption is being invoked to prevent disclosure
> of the contents of a planning application file which will be made
> available for public inspection for 3 working days prior to a future
> planning committee meeting (probably 6 weeks away).  I want to see the
> file asap so that I can make meaningful representations in time to
> influence the recommendation to the committee.
>
> I don't think making a file available for public inspection for just 3
> days without even publicising that availability can amount to
> "publication".  Anybody agree or disagree with me?  Any precedents I
> can refer to?
>
> Actually there are other elements to s22 which I'm milking for all
> they're worth but it's this point about the meaning of publication
> that I'd appreciate assistance with.

For a definitive response, you could contact the Information Commissioner's
Office.  They have always proven very helpful, and should point you in the
right direction.
http://www.ico.gov.uk/what_we_cover.aspx
https://www.ico.gov.uk/Global/contact_us.aspx

Iain

On 7 Apr, 13:15, "Fred" <f...@n0spam.com> wrote:
[...]
> Have you talked to your local councillor?  There used to be an ombudsman who
> looked after policies which were outside of statutory requirements.

Yes.  He just called it in for determination by committee rather than
delegated panel of officers.  As he's on the committee, he won't now
get involved.  Neat way of avoiding the issue...

It's information I need at the moment...

--
Nogood Boyo

On 7 Apr, 14:45, "Iain" <s...@smaps.net> wrote:
[...]
> For a definitive response, you could contact the Information Commissioner's
> Office.  They have always proven very helpful, and should point you in the
> right direction.http://www.ico.gov.uk/what_we_cover.aspx
> https://www.ico.gov.uk/Global/contact_us.aspx
>
> Iain

Thanks.

--
Nogood Boyo