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FI15565

Request

I would like to make an FOI/EIR request covering the period from 1^st January 2024 until 6^th February 2025 for the times, dates and contents of all communications between Dover District Council or their agents and all other external parties, such as Natural England, Adonis Blue Environmental Consultants, Aspect, Homes England, Quinn Estates or their agents or others. concerning the planning applications 22/01158 (seahive) and 23/01095 (hotel) at Betteshanger Country Park.

I would also like copies of all Dover District Council internal communications concerning the topic described in the paragraph above.

The request includes any communications concerning the drafting and implementation of planning conditions and section 106 agreements, biodiversity net gain or mitigation, any environmental, wildlife, ground or water management surveys concerning Betteshanger Country Park, especially concerning wildlife and surrounding exchanges about the above with all external bodies.

The request refers to both face to face, written and electronic communications, such as emails, WhatsApp, texts etc. and any notes or minutes taken at meetings whether online or face to face.

Response

The Council is able to provide some information and this is attached. Please note that all personal data has been redacted from the attached documents under Regulation 13 of the Environmental Information Regulations. Personal data is defined by Article 4(1) of GDPR and also Section 3 of the Data Protection Act 2018 and the release of this data would contravene the data protection principles.

There are some communications that are being withheld where exceptions apply. The reasons for this are set out below.

Information Exempt under Regulation 12(5)(d) of the Environmental Information Regulations (Confidentiality of Proceedings)

Some of the information the Council holds which falls under the terms of your request is considered exempt from disclosure by virtue of Regulation 12(5)(d) of the Environmental Information Regulations 2004 under which a Local Authority may refuse to disclose information where the confidentiality of the proceedings of that or any other public authority where such confidentiality is provided by law. The Upper Tier Tribunal has defined proceedings, and it includes situations where an authority is exercising its statutory decision-making powers.

In accordance with the application of Regulation 12(5)(b) of the Environmental Information Regulations 2004 we have not provided the information that falls within this exception.

Information Exempt under Regulation 12(4)(e) of the Environmental Information Regulations – Internal Communications

Some of the information the Council holds which falls under the terms of your request is considered exempt from disclosure by virtue of Regulation 12(4)(e) of the Environmental Information Regulations 2004 as it involves the disclosure of internal communications.

These emails contain exchanges between colleagues about possible legal action and work on matters to finalising the documentation in respect of the granting of planning permission. The emails fall within the category of internal communications as specified within the EIR and the exchanges were made with the expectation that the information contained was for sight by the recipient only and not to be placed within the public domain. The underlying basis behind the exception is that public authorities should have the ability to openly discuss matters between themselves but ‘in private’, protecting the internal deliberation and decision-making processes.

In accordance with the application of Regulation 12(4)(e) of the Environmental Information Regulations 2004 we have not provided the information that falls within this exception.