FOI request (FOIR-466276552)

39-41 George Street - enforcement notices/complaints outstanding

Requested Fri 18 November 2022
Responded  Tue 06 December 2022

We have recently submitted a planning application for 39-41 George Street and as part of the process, we were seeking to delist 41 George Street. The Historic England officer informed me that there are outstanding enforcement notices that are preventing him from commencing the delisting process. However, there are no enforcement notices listed online.

I queried this with the planning team at the council and they informed me that there may well be enforcement complaints outstanding, but that these would only be identifiable through a Freedom of Information request.

My request is therefore as follows:

Can you please confirm any and all existing enforcement notices and complaint cases that are currently attributed to the addresses 39-41 George Street, unresolved or not.

Response

NOTICE OF REFUSAL

Under the Environmental Information Regulation, the information you have requested relating to enforcement notices/complaints relating to 39-41 George Street 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:

- Transparency and accountability

Factors against disclosure:

- Protecting information that has been acquired during investigations

- Correspondence contains confidential information

- The significance and sensitivity of the information

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

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

For the reason provided above Hastings Borough Council will not be disclosing the requested information.