This website uses cookies to give you a better experience. For more information on why we use cookies, please read our cookie policy
Accept cookies
Skip to main content
Hastings Online logo
A-Z
Home | Help | Privacy | Log in to My Hastings | Jobs Email alerts Hastings council Instagram Hastings council twitter feed Hastings council facebook page
  • My council
  • Freedom of Information
  • Requests and responses by date
  • FOI request (FOI218431)

    Site licence and conditions for Rocklands Caravan Park

    Requested Mon 10 July 2017
    Responded  Mon 10 July 2017

    Please provide a copy of the latest site licence and conditions for Rocklands Private Caravan Park TN35 5DY

    I understand that a recent ICO decision dated October 2016 ordered the council to disclose withheld information from an EIR request.

    This request was for the LATEST site licence and conditions for this and three other caravan sites in this borough. This decision was not contested by HBC and therefore still stands as a lawful requirement.

    I understand that a  new and therefore "the latest" site licence has been issued and has been contested and appealed by the site operators.

    The fact that the licence has been contested is irrelevant in this context and I suggest that the ICO decision that this information should be disclosed is taken into consideration.

    I therefore ask that the information is provided without delay.


    Response

    Hastings Borough Council issued a new site licence to the owners of Rocklands Caravan Park which has been appealed and will now be heard in the HM Courts & Tribunal Service in the next coming months.  The information requested will form part of this legal proceeding therefore is being refused under Exception 12(5)(d) 'Confidentiality of Proceedings'

    NOTICE OF REFUSAL - Exception 12(5)(d)

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

    Section 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:

    • Protecting the information, the site licence does not go out for public consultation

    • The release of this information would prejudice the Council's position

    • It is only a handful of members of the public that are interested in obtaining the information requested

    • The release of this information will adversely affect both the Council's and appellants case

    • It will prejudice the proceedings themselves in breach of Article 6 European Convention of Human Rights (ECHR) - Rights to a Fair Trial

    • The public interest in maintaining the exception outweighs the public interest in disclosing the information

  • Freedom of Information

    Contact

    Got a question about freedom of information? 

    Contact us


    Content

    The content on this page is the responsibility of our Council's Information Officer.

    Can't find what you're looking for? Try our A - Z

    Spotted an issue with this page? Tell us

A-Z of services

  • Services beginning with A
  • Services beginning with B
  • Services beginning with C
  • Services beginning with D
  • Services beginning with E
  • Services beginning with F
  • Services beginning with G
  • Services beginning with H
  • Services beginning with J
  • Services beginning with L
  • Services beginning with M
  • Services beginning with N
  • Services beginning with P
  • Services beginning with R
  • Services beginning with S
  • Services beginning with T
  • Services beginning with U
  • Services beginning with V
  • Services beginning with W
  • Hastings Museum and Art Gallery website
  • Visit 1066 Country website
  • Email alerts Hastings council Instagram Hastings council twitter feed Hastings council facebook page
  • Accessibility statement
  • Contact us
© 2003 - 2023 Hastings Borough Council.
Unless otherwise stated these pages are copyright protected.
All rights reserved.