FI15997

Request

This is a formal request under the Environmental Information Regulations 2004 (EIR), concerning land adjacent to 95 St George’s Road, Sandwich (planning applications 25/00500 and 22/01341). 

This request relates to four separately identifiable and limited categories of environmental information. Each request is independently framed and should be considered on its own merits, as required under the EIR. 

1. Requested Environmental Information 

A. Enforcement documents  - Habitat disturbance and tree/vegetation clearance 

Please disclose:

  • A full list of enforcement requests for this site, including brief details of any registration files or case numbers;
  • Any correspondence, emails, notes, investigation, consultation or  internal decision records regarding the hedgerow removal (18 January 2023) trench excavation (20 January 2023), undertaken while Woodland TPO/22/00018 was in force and  later found by Council officers to constitute a planning breach;
  • Any correspondence, emails, notes, investigation, consultation or internal decision records regarding mechanical site clearance or vegetation removal (e.g. flailing, ploughing or  strimming) between July 2023 and June 2025, 
  • Any consideration of potential breaches of the Hedgerow Regulations 1997, Wildlife and Countryside Act 1981, NERC Act 2006 or Environment Act 2021;
  • Any officer site visit notes, enforcement photos or  assessments undertaken prior to, during or  in connection with the decision not to take further action, particularly where these relate to ecological harm, protected habitats or  historic environment designations.
  • Any enforcement register entries, delegated decision notices or  documented rationales for non-pursuit of enforcement action in relation to the above events. 

We are not seeking internal debate, but decision-making material that influenced or justified the absence of formal action and  records that substantively document confirmed breaches, enforcement decisions or  statutory assessments relevant to the planning applications referenced.  

B. Screening opinions  - Habitats Regulations Assessment (HRA) and Environmental Impact Assessment (EIA) 

Please disclose for both applications (25/00500 and 22/01341):

  • Any screening opinion, report or determination issued under:
    • The Conservation of Habitats and Species Regulations 2017 (including internal or Natural England comments, if applicable);
    • The Town and Country Planning (Environmental Impact Assessment) Regulations 2017;
  • Where no such screening opinion exists, please confirm this in writing. 

C. Planning representation and document handling policies 

Where available, please provide any published or internal protocols concerning:

  • Publication, upload, redaction, data or metadata handling of public or consultee planning representations;
  • How comments are ordered, titled or  removed from the planning portal;
  • Internal moderation policies relating to consultation uploads or reputational risk management. 

This will help clarify how representation records are managed and ensure all consultees are treated consistently. 

D. Section 106 and Enabling Development Discussions 

Please disclose:

  • Any correspondence, emails, notes, drafts, meeting records or internal communications between:
    • The Council and the applicant (or their agents),
    • Council officers and members or, 
    • Council officers internally,
    • The Council and the Planning Inspector,  

that relate to:

  • Potential or proposed Section 106 contributions in relation to planning application 25/00500;
  • Any enabling development claims connected to the Pavilion, AstroTurf pitch, The Grange sixth form centre or other associated facilities;
  • The viability, funding justification or public benefit rationale for such facilities as linked to the proposed development;
  • Any communications referencing:
    • Past or future land sales by the applicant,
    • Repayment of loans or capital receipts,
    • Legal advice regarding S106 deliverability or PM5 policy compliance;
  • Any decision not to consult the public or statutory consultees on proposed enabling development or Section 106 obligations.
  • Any communication, internal or external, regarding possible future development on or accessed from land at St George’s Road.
  • Any communication that may identify a personal, financial or organisational conflict of interest between officers, councillors and  representatives of the applicant (e.g. governing body, Trust, advisors or agents). 

To assist with manageable disclosure, I request substantive records that capture reasoning, context, material considerations, legal interpretation or environmental and planning rationale for any Section 106 agreement or enabling scheme. I ask that documents not be limited to summarised or selective extracts, as this may prevent proper understanding of cumulative impacts or procedural context. 

This information is necessary to assess the environmental and legal basis on which the development is being promoted, and these matters materially affect the Council’s ability to meet its duties under the Environment Act 2021, the Local Plan and  the DMPO 2015. 

2. Legal Basis for Disclosure 

This request is made under the Environmental Information Regulations 2004, specifically:

  • Reg. 2: Environmental information includes enforcement actions, administrative measures and procedural policies that affect the environment;
  • Reg. 5: Environmental information must be made available proactively and on request;
  • Reg. 6: Information must be made available unless it is reasonable to make it available in another format;
  • Reg. 12(4): Internal communications may only be withheld if the public interest in doing so outweighs the right to transparency;
  • Reg. 12(5): These exemptions should be interpreted narrowly and do not apply to legally required processes such as HRA and EIA screening or confirmed enforcement outcomes. 

We submit that the public interest in disclosure is very strong in this case due to its relevance to active planning application 25/00500:

  • The acknowledged planning breach under a live Woodland TPO (confirmed by the Council);
  • The site's designation as protected Open Space, protected Green Infrastructure and  inclusion in the Kent & Medway Local Nature Recovery Strategy;
  • Its proximity to internationally and nationally protected habitats (SPA, SSSI, RAMSAR, SCA);
  • Procedural concerns relating to transparency and data handling already raised in formal objections and EIR requests; 
  • Legal compliance concerns associated with the proposed S106 agreement and enabling development.  

3. Confirmation Requested 

Please confirm:

  • Whether each of the requested items exists;
  • Whether each item will be disclosed, with a proposed publication date;
  • If not, the specific EIR exemption relied upon and the outcome of the public interest test;
  • Whether this request is logged and assigned a reference number under the Council’s records;
  • Whether disclosures will also be made via the Planning Portal for public accessibility. 

4. Redactions & Internal Review 

We respectfully request that redactions are applied narrowly and in accordance with law, which requires a presumption in favour of disclosure. If entire documents are withheld or heavily redacted, we ask that the Council provides justification under the applicable exemption and explains how the public interest in disclosure was considered. 

We ask that the Council makes contact to discuss refinement if necessary before refusing the requests. 

If any part of this request is refused, please treat this as a formal Regulation 11 internal review request. 

5. Closing Remarks 

This request is made in good faith and in the public interest, with the intention of ensuring lawful, evidence-based decision-making in the context of significant environmental concerns.  

We are confident that these requests are proportionate, clearly defined and within the scope and intent of the EIR.  

I ask that if this correspondence has inadvertently omitted any required recipients (e.g., relevant officers, departments, or consultees), that this is viewed as an honest oversight due to the lack of visibility or clarity regarding internal roles and that all materials are promptly routed to the appropriate parties.

Response

A. Enforcement documents - Habitat disturbance and tree/vegetation clearance 

As you are seeking information relating to enforcement of planning regulations, the Council believes that the requested information is likely to be information about a "measure" affecting the elements of the environment. It is for this reason that your request has been considered under the EIR legislation.  The Council considers that information held on the planning enforcement file is exempt from disclosure under Regulation 12(5)(b) of the Environmental Information Regulations.    Regulation 12(5)(b) states that: 

"For the purposes of paragraph 1(a), a public authority may refuse to disclose information to the extent that its disclosure would adversely affect – 

(b)        the course of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an inquiry of a criminal or disciplinary nature ..." 

In applying this exception, the Council must consider the public interest in disclosure or against that, withholding the information.    There is a general recognition that it is in the public interest to safeguard the investigatory processes, and the rights of access should not undermine the investigation and the prosecution of criminal matters.     

This exception is subject to the public interest test under Regulation 12(1)(b) of the EIR, and this is set out below: 

The public interest in the disclosure of the information  

  • The Council accepts that there is a general public interest in creating greater transparency surrounding its investigatory processes, and in greater accountability of its decision-making.
  • Disclosure of the requested information would provide evidence of its working practices to the public and raise public confidence that its investigations are carried out appropriately. 

The public interest in the exception being maintained  

  • Disclosure would likely impede the gathering of information and evidence in this and future investigations as those under investigation would be less willing to provide information voluntarily if they thought it would be placed within the public domain ahead of any enforcement decisions.
  • The Council acknowledges that it can obtain information through its statutory powers however, the Council tries to seek information from those under investigation voluntarily.   If the information were to be disclosed it would more than likely adversely affect ongoing and future processing the course of justice as disclosure would provide an indication of the arguments, strengths or weaknesses which the Council has in relation to ongoing enforcement investigations and legal proceedings.
  • There are arguments that the Council’s investigations in this matter require certain information to remain confidential in order to be effective during "live" and "future" investigations. There is a strong public interest in the local authority being able to effectively carry out its legal obligations in relation to planning enforcement investigations without damaging the integrity of any investigations harming the course of justice and the ability of a person to receive a fair trial.
  • It would be unfair to the individual concerned should disclosure go ahead, as should no breach of planning be found, reputational damage could be caused to that individual. As planning enforcement breaches are a legal matter, the individual has the complete expectation that information relating to their property, would not be shared within the public domain. 

Conclusion 

After weighing up the competing interests the Council has determined that the disclosure of the above information would not be in the public interest.   The Council considers that the benefit that would result from the information being disclosed does not outweigh the considerations favouring non-disclosure. 

In accordance with the application of Regulation 12(5)(b) of the EIR we will not be providing the information requested. 

B. Screening opinions - Habitats Regulations Assessment (HRA) and Environmental Impact Assessment (EIA) 

The Council does not hold this information as neither this application nor the previous application required screening.  The Habitats Regulations Assessment is set out within the Committee Report relating to application 22/0134.  A HRA has not been carried out for application 25/00500. 

C. Planning representation and document handling policies 

The Council does not have any internal protocols.  Information on how we handle/redact data is available on our website at https://www.dover.gov.uk/Planning/Planning-Applications/View-Applications--Decisions/Submitting-Comments.aspx.  If comments are submitted via the website, our system is auto populated, and they are then read and redacted if necessary and published on to the website on that date. If comments are submitted via email, the Planning Support Team populates the system, and it is manually uploaded onto the website. We endeavour to do this within 24 hours. 

D. Section 106 and Enabling Development Discussions 

The Council does not hold this information.