FOI request (FOIR-298601829)

Rocklands - ENF/20/00076

Requested Thu 21 January 2021
Responded Fri 29 January 2021

Under FOI or otherwise, please send me the enforcement enquiry known as ENF/20/00076, on Rocklands.

The HBC enforcement enquiry known as ENF/20/00076 is what it says it is.

The enquiry began in about Spring 2020 and ran for a few months before being suspended. I doubt that the contents are extensive. What I would like are copies of everything with that reference. Possibly the Council will opt for redaction in a few places. Communications between HBC and me only can be omitted.

There was a previous application: ref FOIR-253361747. This is a fresh and full application.

Response

The information you have requested is a duplicate of FOIR-253361747 which was refused and an internal review was carried out.

Although the case is about to be closed following planning permission being granted, our decision to refuse the information still stands.

NOTICE OF REFUSAL

Under Environmental Information Regulations the information you have requested relating to ENF/20/00076, about Rocklands is being refused under Exception 12(5)(b) 'The course of justice and inquiries'.

The course of justice has a wide meaning which includes material covered by Law enforcement, investigations and proceedings.

This exception 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:

a. Transparency and accountability

Factors against disclosure:

a. Protecting information that has been acquired during investigations.

b. Correspondence contains confidential information

c. The significance and sensitivity of the information

d. Consideration of options and the exchange of views within a 'safe space'

e. Maintaining the confidentiality of discussions in the interest of good governance and the perceived threat to candour and boldness in the giving of advice