FOI request (FOIR-136850811)

It is noted that a number of enforcement issues have been raised since July 2018 concerning Hastings Pier.

Please provide

1. Copies of all correspondence (include letters, email and all other forms of documents / written communications) between HBC and the pier/pier agents concerning any Planning enforcement issues from July 2018 to date.

2. Copies of all correspondence (include letters, email and all other forms of documents / written communications) between HBC officers concerning any Planning enforcement issues from July 2018 to date.

3. Copies of all correspondence (include letters, email and all other forms of documents / written communications) between HBC and any other parties concerning any Planning enforcement issues from July 2018 to date.

4. Please provide details of any Planning Control Notices or Enforcement  orders issued to Hastings Pier from July 2018 to date.

The information requested regarding Enforcement Issues on Hastings Pier.

This is an on-going case and as such, we are unable to disclose the requested information, please see refusal notice below: 

Notice of Refusal

Under Environmental Information Regulations the information requested is exempt under Exception 12(5)(b) The course of justice and inquiries

We have considered the following:

• The information will form part of the business of proceedings to reach a decision.

• This case is currently ongoing and requires the council to have fairness in negotiations

Notice of Refusal

Under Environmental Information Regulations the information requested is exempt under Exception 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.

Public Interest Test

Exception 12(5)(b) and 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:

- The release of this information would prejudice the Council’s position

-  Proceedings involve negotiations with another party, thus the information has a quality of confidence

 - The impact (beneficial or otherwise) of disclosure upon individuals and /or the wider public

-  The likelihood and severity of any harm or prejudice that disclosure could cause

-  The significance and sensitivity of the information

In weighing the factors for and against disclosure we have concluded that the likely benefit to the applicant and the wider public of disclosure is outweighed by the likely prejudice caused by such disclosure and that therefore the public interest is better served by non-disclosure. 

For the reasons given above we will not be communicating to you the information you have requested.