EIR - Hasmonean High School [Jan 2025]

Your request 

Please provide copies of any correspondence marked such as 'sensitive' or other similar wording, from your case management system, between GLA Officers, the Applicant, or Applicant Parties, and Barnet Council Officers. The date period to cover is 30/11/2016 to the present.

Our response

Please find attached the information we hold that is marked as ‘sensitive’. Please note that some names of members of staff are exempt from disclosure under Regulation 13 (Personal information) of the EIR. Information that identifies specific employees constitutes as personal data which is defined by Article 4(1) of the General Data Protection Regulation (GDPR) to mean any information relating to an identified or identifiable living individual. It is considered that disclosure of this information would contravene the first data protection principle under Article 5(1) of GDPR which states that Personal data must be processed lawfully, fairly and in a transparent manner in relation to the data subject.

• From: Planning Consultation
• Sent: 26 January 2017 15:11
• To [Name redacted]
• Subject: FW: Planning Objections Privacy

Hi [name redacted]

FYI. I don’t know if you need to reply, or hopefully he already has got his answers from [Name redacted]

Kind regards

[Name redacted] Vetting & Registration Unit

Development and regulatory services

Barnet House, 1255 High Road, Whetstone, London N20 0EJ Barnet Online: www.barnet.gov.uk

• From: Planning Enquiry
• Sent: 25 January 2017 12:27
• To: Cc: Planning Consultation
• Subject: RE: Planning Objections Privacy

Hi [Name redacted]

Please see the answers in blue to your below questions

In regard to your answer below, am I right to think that an emailed commenter's name and address will only become public (ie put online)

Applications with comments objection or supporting made online through the Barnet website are automatically uploaded onto the website (personal information will not published). Applications sent in the post will be acknowledged but not uploaded to view on Barnet website.

If someone makes a FOI request, would that be an FOI request for one particular comment, or does that refer to the application as a whole and all comments that have been emailed would then be made public (ie published online).

If a requester lodges an FOI request, this would refer to the application as whole. Names addresses and contents of postal /email comments will be redacted under FOI to remove phone/email addresses or personal data in the comment itself or where the council has accepted there is a substantial risk of actual harm/distress to the provider, where the name and address will be redacted. Otherwise all the comment will be released.

On another matter, I emailed [email protected] on 02/01/07 at 11:59 the below email - I received an automated email to say it had been received, I have not yet had a reply, I understand you are responsible for the 'planning.enquiry' inbox - can you confirm if it is still in your inbox, and did you forward it on to anyone - and if so who.

Regards 

[Name redacted]

Email sent 02/01/2017:

Dear Sir Madame,

Re: Planning application Ref: 16/6662/FUL

I enquired as to the number of consultation letters sent out by yourselves, 1036 has been the reply, I have lost that reply from you - could you either nresend it or reconfirm the number of letters sent. Could I also request to be sent a list of the roads consulted ?? I ask as 1000 letters seems a very small number for such a big site, I am sure there is a procedure followed for the consultation process, could you point me in the direction of the information (or send me) a copy of these guidelines.

Regards

• From: Planning Enquiry <[email protected]>
• Sent: 13 January 2017 10:44
• To: [Name redacted]
• Subject: FW: Planning Objections Privacy

Dear [Name redacted]

Thank you for your email.

The council’s policy in respect of publication of planning objections is as follows:

• Names, addresses and contents of online comments are proactively published online
• Names, addresses and contents of postal /email comments are not proactively published online
• Names, addresses and contents of postal /email comments are reactively published online eg in response to a FOI request
• Names addresses and contents of postal /email comments will be redacted under FOI to remove phone/email addresses or personal data in the comment itself or where the council has accepted there is a substantial risk of actual harm/distress to the provider, where the name and address will be redacted. Otherwise all the comment will be released.
• Where the commenter has a very good reason to be anonymous we would consider this on an exceptional basis. Reasons would include being a victim of domestic violence, being a person in the public eye/famous or being in witness protection. These are all substantial reasons where disclosure of the person’s name and address would lead to a substantive chance of them suffering actual harm or distress. LBB would not however look to redact a name of an objector purely based on their wish to be anonymous and therefore not accountable for their objection

The reasons for this policy are that the council has a statutory obligation under the Town and Country Planning Act 1990 to make the names and addresses of Planning Applicants available to the public as the information forms part of the Statutory Register for an application. Planning comments are also deemed to form part of the Statutory Register.

This is outlined in the guidance issued by PARSOL which was produced in consultation with the ICO, and advises that people invited to make planning comments are made aware that their names and addresses will be made public as part of the register. The council amended and tightened up on its planning consultation letters back in 2013 to make this much clearer. At that time we chose not to proactively publish, choosing instead to make the comments available on request (under FOI). Given the strong push to improve transparency and the obligations to proactively publish information under the Environmental Information Regulations, the council took the decision in 2015 to proactively publish planning comments and make them available online.

The council’s approach to publication of planning comments has recently been investigated in detail by the Information Commissioner’s Officer (ICO) and in November 2016 they confirmed that the council’s approach complied with the Data Protection Act 1998.

Kind Regards,

[Name redacted]

9th Floor Barnet House,1255 High Road, Whetstone London N20 0EJ Tel: 020 8359 3000 Barnet Online: www.barnet.gov.uk

• From: [Name redacted]
• Sent: 28 December 2016 17:16
• To: Planning Enquiry
• Subject: Planning Objections Privacy

Dear Sir Madame,

I am writing in regards to how the public can currently object/approve planning applications, and the ability to do it without their Name and Address being made public.

I understand the public can write a letter and send an objection/approval to yourselves, (can they send in an email - as long as there name and address are on it) and the only details that become publicly available are the comments made, the persons name and address is blacked out - and therefore affording that person privacy.

However most people prefer the convenience of doings things online, but I note your system does not provide privacy if they object online, name and address are immediately published.

I think the fact that they cannot object online without name and address being published publicly - will make people reluctant to object - even though they may want to.

This system of objecting should be updated to make it easier, and your site should inform people of the option to email in objections - and inform them that by this method your personal information will not be publicly available. Your need to add prominent text to your site for objectors (or approvers) to be informed - both in the 'make a comment' section of the planning application and where ever you have general information on commenting.

I Look forward to hearing from you.

Regards