20 February 2023
Your request
Planning Application 22/04389/FUL 2-6 Atlantic Road London SW9 8HY
Erection of a single storey roof top extension to provide 4 no. self contained flats (Use Class C3)
I would be grateful if you could send me all the consultation replies made on this planning application. I have requested these from the Planning Officer direct but this request has been denied with the Officer [personal details redacted] saying "In terms of the consultee response we do not make these visible online"
Our response
Please see attached the final internal and/or external statutory consultees responses in relation to planning application ref. 22/04389/FUL for 2-6 Atlantic Road London SW9 8HY, are attached as requested.
The reason they could not be provided before is because although neighbours, local groups and any other interested party’s responses to consultation on applications for planning permission and other consents are published during consideration of an application and can therefore be viewed on the Council’s website via the Lambeth Planning Applications Database, however, internal or external consultee responses to consultation during consideration of an application are not uploaded on the Council’s website and are not disclosed to applicants, planning agents or interested parties until a decision on the application has been made and a decision notice issued.
The disclosure of consultee responses when an application is still being assessed by the Local Planning Authority (LPA) is considered exempt from disclosure under Regulation 12(4)(e). This exception applies to internal communications during consideration of an application by a planning authority. Consultee comments on an application may change during the consideration of the application and as such disclosing such information is exempt.
The above Regulation, like most exceptions under the Regulations, are subject to a public interest test, where a balance of disclosing the information in the public interest has to be made against the need to comply with the interests the exception is seeking to protect. In this case there was no public interest that would have justified disclosure of the consultee responses during consideration of the application.
Now that a decision on the application has been made, the final consultee responses can be disclosed as requested and are herewith attached.
Please note that personal data has been redacted from these documents and from your question. This is because we consider disclosure would breach the Data Protection Act 2018 and therefore engage Section 40(2): Personal Data to this request.
The definition of personal data is set out in provision 3 of the Data Protection Act 2018 as follows:-
(2 )“Personal data” means any information relating to an identified or identifiable living individual
(3 )“Identifiable living individual” means a living individual who can be identified, directly or indirectly, in particular by reference to:
(a) an identifier such as a name, an identification number, location data or an online identifier, or
(b) one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual.
We note this request asks for information which would allow an individual(s) to be identified.
I have considered whether it would be fair to disclose the information including whether disclosure would cause any unnecessary or unjustified damage or distress to the individual concerned; the individual’s reasonable expectations of what would happen to their information; and balancing the rights and freedoms of the data subject with legitimate interests.
In this case, I can confirm that it would not be fair to the individuals to disclose information about officer names and contact details, as it could cause distress to the individuals.
I do not consider that the individuals would expect the Council to disclose any information which may allow them to be identified. Although I acknowledge the legitimate interest in disclosing general information relating to this request; I do not consider the legitimate interest overrides the rights and freedoms of the individual on this occasion.
In accordance with Section 17 FOIA this letter represents a Refusal Notice for this aspect of the request.