Carol
A charge of £5 for a decision notice is no longer sustainable,
following the Information Tribunal's decision in the Markinson case.
This case involved an authority which charged £6 for supplying a copy
of a planning decision notice.
The Tribunal confirmed that the information was subject to the
Environmental Information Regulations not the FOI Act. A £6 charge
was found to exceed the sum which an authority could could be
satisfied was a "reasonable amount" for the purposes of the EIRs. The
Tribunal held that the charge should be 10p per A4 sheet unless,
having considered the guidance it laid down, there were good reasons
for a higher charge.
The Tribunal decision can be found at http://
www.informationtribunal.gov.uk/our_decisions/our_decisions.htm
Maurice Frankel
Campaign for Freedom of Information
On 4 Jul 2006, at 10:45, Carol Clarke wrote:
>
> My concern is are they fair and reasonable in the current world of
> open and
> transparent government! We are charging £30 per hour for a history
> search
> and £5.00 for a copy of the Decision Notice. The fees policy for
> planning
> is in the publication scheme.
>
> Carol
>
> -----Original Message-----
> From: Lee Gardiner [mailto:[log in to unmask]]
> Sent: 04 July 2006 10:36
> To: [log in to unmask]
> Subject: Re: [data-protection] Planning Fees
>
>
> Unless of course the charges are documented in the FOI publication
> scheme in
> which case the fees are acceptable and allowable under FOI.
>
> Lee
>
> -----Original Message-----
> From: Nick Landau [mailto:[log in to unmask]]
> Sent: Tue 04 July 2006 10:26
> To: [log in to unmask]
> Subject: Re: [data-protection] Planning Fees
>
> I know that in the last year, my father has been charged by his local
> planning authority for copies which, in my view, should be free
> under FoI -
> obviously these are the same rates that were being applied previous
> to FoI.
>
> Nick Landau
>
> PS Surely this should have gone to the FoI List. Many of the posts
> to this
> group, in my view, should be sent to the FoI list.
>
> ----- Original Message -----
> From: "Carol Clarke" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Tuesday, July 04, 2006 10:10 AM
> Subject: [data-protection] Planning Fees
>
>
>> I would be grateful to know what charges Planning Authorities make
>> for
>> providing a Decision Notice and also for providing a planning
>> history for
>> a
>> particular property.
>>
>> Thanks for your help
>>
>> Carol Clarke
>> Information Compliance Officer
>> Restormel Borough Council
>> Penwinnick Road
>> St. Austell
>> Cornwall
>> PL25 5DR
>> 01726 223570
>> [log in to unmask]
>>
>>
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