FOI request (FOIR-241589657)

Rocklands enforcement query EN/20/76 - Balconies

Requested Mon 24 August 2020
Responded Mon 19 October 2020

In response to reports about breaches of planning permission concerning balconies on the building - enforcement query EN/20/76 was raised. The issues raised concerned an extended balcony, wrong sized panels, incorrect number of supporting stanchions and the depth of the balcony on the sea facing side of the building. The extended balcony has now been removed.

Planning application HS/FA/20/470 has been raised which seeks to regularise some of the breaches reported. Planning Enforcement have never provided an update to my initial report and have not responded to requests for an update.

I wish to formally request under EIR the following information:

1. The date(s)that enforcement officers visited the site.

2. Copies of notes/site visit reports.

3. Measurements of the depth of the sea facing balcony. Permission allows 2 metres depth - our report raised concerns that the balcony is deeper than than the permission granted. Please supply the depth of the sea facing balcony as measured by the visiting officer and any other measurements taken during the visit.

4. All correspondence and other documents between Rocklands and HBC concerning the enforcement query.

Response

Please accept my apologies for the delay in responding.

NOTICE OF REFUSAL

Under Environmental Information Regulations the information you have requested relating to Rocklands enforcement query EN/20/76 - Balconies 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 are 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 advise.