FOI request (FOI208596)

EIR Rocklands caravan site licence

Requested Thu 16 March 2017
Responded Thu 16 March 2017

Following release of the annual update by Mr Boorman we have been informed the new site licence for Rocklands has been issued.

Please provide a copy of the licence, its conditions and the site plan that reflects the new licence.

Please take this as a formal request under EIR regulations.

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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 Magistrates Court 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