FI16881
Request
1. Request
I am writing to request information under the Environmental Information Regulations 2004 (EIR) in relation to the planning process and decision-making for application 25/00112 (Woodhill Farm, Kingsdown).
2. Information Requested
Please provide the following information:
A. Officer Reports and Committee Materials
All versions of the planning officer’s report, including:
- Drafts
- Internal revisions
- Final version presented to committee
- Any committee updates, addendum reports, or late representations circulated prior to or during the Planning Committee meeting
- Any internal briefing notes or summaries prepared for:
- Planning Committee members
- Senior officers
B. Internal Communications and Decision-Making
Internal correspondence (including emails, meeting notes, and memoranda) between:
- Planning officers
- Legal officers
- Senior management
relating to:
- The recommendation to approve
- The planning balance
- Identified risks (including appeal risk and costs)
- Consideration of refusal
Any internal communications specifically referring to:
- The indicative site capacity (approx. 50 dwellings)
- Justification for the proposed 64 dwellings
- Highway safety concerns and access constraints
C. Legal Advice
Any legal advice (internal or external) provided in relation to:
- The likelihood of success at appeal
- Risk of costs being awarded against the Council
- Application of Section 70 of the Town and Country Planning Act 1990
- Duties relating to protected landscapes and habitats
D. Consultation Responses and External Input
The full, unredacted consultation response submitted by the National Trust
All correspondence between the Council and:
- The National Trust
- Kent Highways
- Natural England
relating to:
- Highway safety
- Recreational pressure
- Environmental impacts
E. Committee Advice and Governance
Any written or recorded advice provided to Planning Committee members regarding:
- Grounds for refusal
- Appeal risk and potential costs
- Weight to be given to Local Plan site capacity
Any internal guidance or policy documents used by officers in advising members on this application.
F. Site Constraints and Technical Matters
Documents or internal assessments relating to:
- Highway access feasibility and visibility splays
- Use of tactile paving at the site access
- Public rights of way (ER5 and ER21)
- Sewer infrastructure constraints and land ownership issues
G. Format
Please provide the information electronically in searchable PDF format where possible.
H. Public Interest
Given the level of public interest in this application and the significance of the decision, there is a strong public interest in transparency regarding how the decision was reached.
Response
A. Officer Reports and Committee Materials
All versions of the planning officer’s report, including:
This information is exempt from disclosure under Regulation 12(4)(d) of the Environmental Information Regulations for the reasons set out below.
This information is exempt from disclosure under Regulation 12(4)(d) of the Environmental Information Regulations for the reasons set out below.
- Final version presented to committee
This is available on the Council's website at https://moderngov.dover.gov.uk/documents/s65951/Kingsdown%20Recreation%20Ground%20Report.pdf
- Any committee updates, addendum reports, or late representations circulated prior to or during the Planning Committee meeting
This is included in the attached documents.
- Any internal briefing notes or summaries prepared for:
- Planning Committee members
- Senior officers
The Council does not hold this information.
B. Internal Communications and Decision-Making
Internal correspondence (including emails, meeting notes, and memoranda) between:
- Planning officers
- Legal officers
- Senior management
relating to:
- The recommendation to approve
- The planning balance
- Identified risks (including appeal risk and costs)
- Consideration of refusal
Where the information is held, this is included in the attached documents. There is no correspondence held with legal officers or about any identified risks.
Any internal communications specifically referring to:
- The indicative site capacity (approx. 50 dwellings).
- Justification for the proposed 64 dwellings.
- Highway safety concerns and access constraints.
Where the information is held, this is included in the attached documents.
C. Legal Advice
Any legal advice (internal or external) provided in relation to:
- The likelihood of success at appeal
- Risk of costs being awarded against the Council
- Application of Section 70 of the Town and Country Planning Act 1990
- Duties relating to protected landscapes and habitats
The Council does not hold this information.
D. Consultation Responses and External Input
The full, unredacted consultation response submitted by the National Trust
All correspondence between the Council and:
- The National Trust
- Kent Highways
- Natural England
relating to:
- Highway safety
- Recreational pressure
- Environmental impacts
Where the information is held, this is included in the attached documents. Additional documents are available on the planning portal under the relevant planning application.
- E. Committee Advice and Governance
Any written or recorded advice provided to Planning Committee members regarding:
The Council does not hold this information.
- Appeal risk and potential costs
The Council does not hold this information.
- Weight to be given to Local Plan site capacity
Where the information is held, this is included in the attached documents.
Any internal guidance or policy documents used by officers in advising members on this application.
This would be included within the report to Committee and linked above.
F. Site Constraints and Technical Matters
Documents or internal assessments relating to:
- Highway access feasibility and visibility splays
- Use of tactile paving at the site access
- Public rights of way (ER5 and ER21)
- Sewer infrastructure constraints and land ownership issues
Where the information is held, this is included in the attached documents.
Please note that all personal data has been redacted from the attachments. This information is exempt from disclosure under Regulation 13(1) of the EIRs. 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.
In respect of your request for draft versions of the planning officer’s report (and those with internal revisions), the Council considers this information exempt from disclosure. As these are unfinished document, they are being withheld from our response in accordance with Regulation 12(4)(d) of the EIRs. Regulation 12(4)(d) states:
12. (4) For the purposes of paragraph (1)(a), a public authority may refuse to disclose information to the extent that—
(d) the request relates to material which is still in the course of completion, to unfinished documents or to incomplete data
This exemption is qualified by the public interest test. Even where a qualified exemption is engaged it can only be applied where the public interest in withholding information outweighs that in favour of releasing it. The issues considered are explained below.
Public interest considerations favouring disclosure
The Council acknowledges that there is a general presumption in favour of disclosing environmental information and that disclosure can promote transparency and accountability in showing how reports were formulated. In the circumstances of this case, disclosure would allow the public to understand the development of the Case Officer's report.
Public interest considerations favouring withholding the information
The Council believes that the overriding public interest is ensuring that documentation containing accurate and finalised information is available to ensure that the final version of the Case Officer's report for the Planning Committee reflect the final agreed version of the report.
Conclusion
The application of the above exception is subject to the public interest test, which is set out in Regulation 12(1)(b) and although an informed public assists in promoting good decision making by a public body, public bodies also require the freedom to ensure that only accurate and complete information should be made available. I have therefore concluded that the public interest test has been correctly applied in this case and the draft versions of the report should remain withheld. Disclosing unfinished versions of the report would not enhance the public understanding to the extent that this would counterweigh the public interest in maintaining the exemption. The final version of the report is available on the Council's website and was considered by the Planning Committee at their meeting on 26 March 2026.
Attachments
Attachment 1
Attachment 2
Attachment 3
Attachment 4