FOI request (FOIR-118601143)
Rocklands improvements to drainage as specified by caravan site licence
Requested Mon 13 May 2019
Responded Fri 19 July 2019
The Rocklands caravan site licence issued in April 2018 stipulates that:
"I3 Car Parking
3. Within 3 months of the date of issue of this license (or any other timeframe subsequently agreed by the licensing authority), the licensee must submit proposals for the consideration and consent of the licensing authority, to improve the drainage of surface water running over the sloping area of concrete hard standing coloured green, and the short area of roadway that extends from it into the area hatched red on the site plan.
The licensee must implement any such proposals within 3 months of the Council granting consent for them (or any other timeframe subsequently agreed by the licensing authority). "
I formally request under EIR the following:
Please supply the dates that these proposals were submitted.
Please confirm that HBC holds copies of such proposals
Please supply a list of the documents supplied to HBC for these proposals
Please supply copies of these proposals
Please provide the date of consent to these proposals
Please provide the implementation date of these proposals
ResponseQ1 - 21 March 2017Q2 - YesQ3 - Information not heldQ4 -
NOTICE OF REFUSAL
The information you have requested in relation to copies of proposals regarding 13. Car Parking is being refused under Environmental Information Regulations the information requested is exempt under Section 12(5)(e) 'Confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest'
We have considered the following:
- Is the information commercial or industrial
- Is the information subject to confidentiality provided by law
- Is the confidentiality protecting a legitimate economic interest
- Would disclosure adversely affect the confidentiality
Section 12(5)(e) 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:
- Adverse effect on the economic interest of the owners of Rocklands Caravan Park
- Maintaining commercial confidences
- The release of this information could lead to further harassment to the owners
- If the information is disclosed it could be used to seek harm on the owners commercial interests.
- Were such information disclosed, then it could be used by competitors and potential purchasers to the owners financial detriment.
- In all circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosureQ5 - 27 March 2018Q6 - Hastings Borough Council were informed on 29 May 2018
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