Response 3671474

Response to request for information

Reference

3671474

Response date

1 April 2025

Request

Please supply the dates of any visits to the Tollerton Park Homes, mobile home site, Tollerton Lane NG12 4GD that have been made by Environmental Health Officers of Rushcliffe Borough Council from 2008 until the present day. Please also supply any notes or reports from these visits.

Also, please supply the dates of any visits by Planning Officers, or members of the Planning Departmental team, to the Tollerton Park Homes, mobile home site, Tollerton Lane NG12 4GD, from 2008 to the present day. Please also provide any notes or reports that have been logged from these visits.

Response

Your request for information which we hold has been treated as a formal Freedom of Information Request. Section 30 of the Freedom of Information Act 2000 sets out that information is exempt from release under the act if it falls under section 30(2)a(iii), which states as follows:

30 (2)Information held by a public authority is exempt information if—
(a)it was obtained or recorded by the authority for the purposes of its functions relating
(iii)investigations (other than investigations falling within subsection (1)(a) or (b)) which are conducted by the authority for any of the purposes specified in section 31(2) and either by virtue of Her Majesty’s prerogative or by virtue of powers conferred by or under any enactment,

In respect of the reference to ‘purposes specified in Section 31(2), in this case the specific clauses is 31(2)c:

C) the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise,

In this case the regulatory action into which the council would be investigating would be action under the Town and Country Planning Act 1990 relating to a potential breach of planning control.

In addition Section 30(3) states:

(3)The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1) or (2).

As such the council would not be required to provide this information requested if it were held by us, but in addition we are also not required to confirm that we do hold any such information.

If it is for planning applications, then there has been numerous applications since 2008 but notwithstanding this, we don’t hold specific records of all visits made by planning officers in connection with planning applications, only on an application by application basis and again we may not hold the relevant information.

If it is for enforcement visits, then the response is as follows;