FOI request (FOI202367)

Rocklands Caravan Site Plan

Requested Fri 02 December 2016
Responded  Thu 05 January 2017

Following my previous email the ICO has decided that the 14/07/15 plans are sufficient.

However I feel that the status of the "current latest draft plan" you refer to in your correspondence to be unclear.

My understanding is that Rocklands must lodge a site plan of the site with HBC which reflects the current status of the site.

Any changes to layout must be supported by a fresh site plan.

I am still not certain I have been supplied the latest site plan that shows the current location of caravans on the ground.

I therefore make a formal request under EIR to obtain the following plans

1. The latest plan that reflects the actual position of caravans on the ground as of today whether you consider it draft or not
2. Any other draft site plans that may be in the possession of HBC

Response

NOTICE OF REFUSAL

Your request to receive the latest plans for Rocklands Caravan Park is being refused under Regulation 12(4)(d) of the Environmental Information Regulations Act - Material in the course of completion, unfinished documents and incomplete data.

Section 12(4)(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 preparation of the new site licence has been ongoing since July 2015 and is still yet to be finalised. Should the draft plan be disclosed it would prejudice the Licensing Teams safe space.

It places an unfair burden on the Council as officers need to concentrate and carry out their jobs in issuing the site licence, these requests stop officers from doing this.

It is felt that the release of the draft site plan would be misleading if released into the public domain as the site plan could be subject to further change.

There is no right for the public to be consulted with. The Licensing process is between the Council, the site owners and their respective parties.

Disclosing the draft site plan before it is completed would create a precedent which could seriously undermine the Licensing department and their negotiations for future work of this type.

Maintaining commercial confidences

In all circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosure