FOI request (FOI218431)
Site licence and conditions for Rocklands Caravan Park
Requested Mon 10 July 2017
Responded Mon 10 July 2017
Please provide a copy of the latest site licence and conditions for Rocklands Private Caravan Park TN35 5DY
I understand that a recent ICO decision dated October 2016 ordered the council to disclose withheld information from an EIR request.
This request was for the LATEST site licence and conditions for this and three other caravan sites in this borough. This decision was not contested by HBC and therefore still stands as a lawful requirement.
I understand that a new and therefore "the latest" site licence has been issued and has been contested and appealed by the site operators.
The fact that the licence has been contested is irrelevant in this context and I suggest that the ICO decision that this information should be disclosed is taken into consideration.
I therefore ask that the information is provided without delay.
Hastings Borough Council issued a new site licence to the owners of Rocklands Caravan Park which has been appealed and will now be heard in the HM Courts & Tribunal Service in the next coming months. The information requested will form part of this legal proceeding therefore is being refused under Exception 12(5)(d) 'Confidentiality of Proceedings'
NOTICE OF REFUSAL - Exception 12(5)(d)
Under Environmental Information Regulations the information requested is exempt under Section 12(5)(d) Confidentiality of proceedings (Confidentiality of the proceedings of that or any other public authority where such confidentiality is provided by law).
We have considered the following:
If disclosing the information would adversely affect the confidentiality of a public authority's proceeding where confidentiality arises from common law.
The information will form part of the business of proceedings to reach a decision.
Section 12(5)(d) is subject to a public interest test. This means that a public authority can refuse to disclose information under these exceptions if in all the circumstances of the case the public interest in maintaining the exception outweighs the public interest in disclosing the information.
Factors for disclosure:
Transparency and accountability
Factors against disclosure:
Protecting the information, the site licence does not go out for public consultation
The release of this information would prejudice the Council's position
It is only a handful of members of the public that are interested in obtaining the information requested
The release of this information will adversely affect both the Council's and appellants case
It will prejudice the proceedings themselves in breach of Article 6 European Convention of Human Rights (ECHR) - Rights to a Fair Trial
The public interest in maintaining the exception outweighs the public interest in disclosing the information
Freedom of Information