21 April 2022
Your request & our response
Could you please send me the following documents with respect to the pre-application process for 5 Lancaster Avenue, SE27 9EL:
1. Final officer report/relevant decision documents
Pre-application advice was sought under pre-application 18/00064/PREAPP. This advice was sought for ‘Demolition and replacement of original rear and side wraparound extension with a flat roof rear and side wraparound extension’. The Officer response to the pre-application request is enclosed, with personal information redacted.
The plans that were the subject of the pre-application request are also provided as ‘relevant decision documents’.
2. Correspondence related to the pre-application
All correspondence relating to the pre-application is provided.
3. Relevant council minutes with references to the pre-application
There are no council minutes in relation to the pre-application request.
In addition, could you please send me a list of the dwellings for which a pre-application process was carried out in Carson Road, SE21.
Pre-application advice has been sought for the following dwellings on Carson Road;
37 Carson Road, London, SE21 8HT
11 Carson Road, London, SE21 8HT
25 Carson Road, London, SE21 8HT
Please note that personal information has been redacted from these documents as per Regulation 13: Personal Data to this request because we consider disclosure of this information 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 this information 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 the application; I do not consider the legitimate interest overrides the rights and freedoms of the individual on this occasion.
This letter represents a Refusal Notice for this part of the request that details the personal information.