Disclosure Log - July 2024

Request reference: FOI 9943

Issue date: 19.07.24

Request received: 

All information not already published by the Council the Planning Tracker for Planning Application 77576 from 01.12.23 to and including 31.05.24

Response provided:

Applicant provided with some information held, with all personal data/information (that is not already in the public domain) redacted under Regulation 13, as well as a small amount of internal communications under Regulation 12(4)(e) and some planning pre-application information under Regulation 12(5)(d)

Request reference: FOI 9950

Issue date: 09.07.24

Request received: 

The following information as a new FOI pertaining to Section 106 agreements under the Town and Country Planning Act:

1. Total number of Section 106 agreements since 2015

2. Total number of Section 106s a) invoiced, and b) invoiced as per original S106

3. Total number of Deeds of Variations successfully obtained by developers in relation to S106A since 2015

4. Total number of enforcement 'matters' pertaining to S106 since 2015 

5. Total number of completions in line with S106 since 2015

Response provided:

1. 399

2. The Planning department does not currently report on this, however they advise that the updated version of the planning system used (Mastergov) will have a function to track Section 106 agreements in more detail. This is due to be implemented within the next few months

3. 69

4. 17

5. This is not monitored by the Planning department, therefore the information is not recorded

Request reference: FOI 9963

Issue date: 09.07.24

Request received: 

A copy of all the risk assessments that have been made for the location and placement of the storage container (for the storage of the land train) in Hillsborough Car Park, Ilfracombe

Response provided:

In accordance with Section 17(1) of the FOIA, the Council issues this refusal notice, neither confirming nor denying the requested information is held

There is an on-going/live criminal investigation currently being carried out by Devon and Cornwall Police regarding an accident involving the Ilfracombe Land Train that in September 2023. As such, the Council considers that at this time, confirming or denying it holds the requested information would likely prejudice these on-going investigations and adversely affect the Police’s ability to conclude their investigation effectively

The following exemptions have been applied:

Section 30(3) – Investigations and proceedings

The duty to confirm or deny does not arise in relation to information which is (or if it were held by the public authority would be) exempt information by virtue of subsection (1) or (2)

Section 31(3) – Law enforcement

The duty to confirm or deny does not arise if, or to the extent that, compliance with section  1(1)(a) would, or would be likely to, prejudice any of the matters mentioned in subsection (1)

Public Interested Test

Factors favouring confirming or denying whether the information is held 

Confirming or denying whether information is held in response to this request would provide you and the wider general public with information associated with the storage container at Hillsborough Car Park, reinforcing the Council’s wider commitment to openness and transparency, facilitate public debate and help to strengthen the public’s confidence with the authority

Over time, an increase in public confidence would be likely to improve engagement with the authority. This in turn would lead to a better relationship between the authority and its constituents in its role in the prevention and detection of crime and the investigations and proceedings the Council carries out/is party to

Factors against confirming or denying whether the information is held 

Devon and Cornwall Police has a statutory role in completing this criminal investigation. Confirming or denying whether the Council holds information relevant to your request would likely compromise the investigations and operational tactics of the Police and thus adversely limit its ability to prevent and detect crime and apprehend and prosecute offenders, contrary to the public interest. Devon and Cornwall Police have been made aware of your request anonymously and they confirm that they believe any confirmation or denial made by North Devon Council at this time would likely interfere with their on-going investigation

Balance of the Public Interest Test

The Council fully appreciates that there is always a presumption of disclosure and that is supported by the authority being as open transparent and accountable as possible. However, in this instance the Council considers that there is a greater importance for it to maintain a consistent position when responding to requests that relate to open/live criminal investigations that it is either carrying out or a relevant party to. This position is to neither confirm nor deny the existence of the requested information. This approach allows Devon and Cornwall Police to continue with its enquires in a safe space, away from public scrutiny until such a time where it is ready to make a decision. For the reasons as above, North Devon Council has found that it would be contrary to the public interest to confirm or deny whether the information you have requested is held 

Request reference: FOI 9968

Issue date: 03.07.24

Request received: 

1. Refuge/safe accommodation services – information about all the refuge and/or safe accommodation services for sur survivors of domestic abuse that your local authority funds in your area in 2024/25, including any refuge/safe accommodation services that are delivered in-house

2. Non-refuge/community-based services - information about any non-refuge/community-based services for survivors of domestic abuse your local authority funds in your area in 2024/25, including any services delivered in-house. Please include details of any non-refuge/community-based services you fund which are provided by organisations already listed in Q1

 

Response provided:

  1. None
  2. North Devon Council part fund a DA triage Officer who works with the Council’s Housing Team and the local refuge. This contract is held by North Devon Council, Devon County Council, North Devon Against Domestic Abuse

Request reference: FOI 9969

Issue date: 03.07.24

Request received: 

The following details regarding the use of the Ringo app and any other similar parking apps within your council's jurisdiction:

1. The number of fines issued to individuals for incorrectly using the Ringo app or similar parking apps over the past two years

2. The most common reasons for which these fines were issued (e g incorrect vehicle registration number, wrong location code, etc)

3. The total revenue generated from these fines during the specified period

4. The number of appeals when people claim to have paid for parking, but for the wrong location, for the last two years

Response provided:

Section 1(1)(a) of the Act requires the Council to inform applicants whether it holds information of the description specified in their request. The Council confirms that it does hold this information, however, in discharge of its obligation under section 1(1)(b) the Council is unable to provide a response due to the way in which the information is held. The Parking system does not allow for the information to be easily extracted/reported. The only way in which a member of staff would be able to answer the request would require them to manually go through 9,114 PCNs recorded for the past two years and identify those for Contravention 83 and then go onto answer the request with this information

Section 12 of the Act makes provision for public authorities to refuse requests for information where the cost of dealing with them would exceed the appropriate limit, which for Local Authorities is set at £450 by the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004. This represents the estimated cost of one person spending 18 hours at £25 per hour in determining whether the Council holds the information, locating, retrieving and collating the information

It has been estimated by the Parking Office team that it would take approximately 759.5 hours to provide the requested information, which is based upon spending five minutes per PCN. The procedure of which would cause serious disruption to the day to day operation of the Parking Office team and therefore the Council is unable to process the request any further. As set out in the previous paragraph, the Council has the right to refuse to provide the information in accordance with Section 12 of the Act

The Council has enquired with the Parking Office team as to whether there might be any other way in either refining or narrowing the scope of the request in order to be able to bring it under the 18 hour limit, in accordance with Section 16 (advice and assistance) however, as the only way to obtain the information is by manual search of all applicable PCNs within the requested time period of the last two years, the Council and Parking Office team are unable to identify any alternative way of being able access the required information

Request reference: FOI 9972

Issue date: 09.07.24

Request received: 

The following information held by North Devon Council on the Ask for Angela campaign:

1. The yearly promotional cost of the campaign from 2016 - June 2024

2. The yearly training cost of the campaign from 2016 - June 2024

3. A breakdown of how the campaign is being implemented from 2016 - June 2024

4. A breakdown of how staff members are being trained under the campaign from 2016 - June 2024

5. Access to any training documents or literature from the campaign from 2016 - June 2024

6. A breakdown of the budget plans of the campaign for 2025

7. How many local council reports have mentioned ‘Ask for Angela’ in the last year and since the campaign started in 2016?

Response provided:

The Council confirmed that it does hold some information. In discharge of its obligation under section 1(1)(b) the Council’s Licensing team provided the following response:

The ‘Ask for Angela’ campaign is a national campaign that is run through Devon and Cornwall Police, not North Devon Council. Any literature regarding the campaign comes though the Police and although it is a campaign that is supported by North Devon Council, it is not driven forward by the authority

Within the Licensing Act Policy (section 18) “Ask for Angela” (18.5) is highlighted as an initiative that is supported as follows: 

18.5 Ask for Angela

18.6 Ask for Angela’ is a national scheme supported by bars, clubs, other licensed premises and events across North Devon in connection with Devon and Cornwall Police. The scheme is advertised by placing posters in key areas such as female toilets. For more posters please get in touch with your local policing team. The initiative allows people who feel unsafe, vulnerable or threatened to ask for help by approaching venue staff and using the “Angela” code word. This code word will indicate to staff that the customer requires help with their situation and a trained member of staff can then assist them in accessing the discreet help they need. This might be through being reunited with a friend, seeing them to a taxi or by calling the venue security or police

18.7 We aim to provide a list of licensed premises supporting Ask for Angela here. In support of this initiative please ensure that ALL of your staff are briefed on this scheme. They need to know why and what to do if someone at the bar ‘Asks for Angela’, which may include:

· Offer to take the person asking for help to a part of a venue not in sight of the public or potential threat (staff room, kitchen, toilet)

· Offer to call the person a taxi or assist them in calling a friend/family member to come and collect them

· Where safe to do so (the person asking for help is out of sight and the staff consider it safe) request the person causing distress leaves the venue

· Ask the person in distress what it is they want to do? (It might be they just want to alert staff that things are becoming uncomfortable and might need someone to keep watch whilst they collect possessions from the area they were seated)

· Do not allow the person asking for help to leave the venue in sight of the person causing them distress as this could lead to them being followed out of the venue and placed at higher risk.

· If the person causing distress becomes angry consider calling the police for assistance or follow your corporate policy on this issue

The Licensing team advise that when there are visits to licensed premises officers monitor whether staff are aware of the initiative

  1. The cost of the campaign is borne by the Police, therefore you will need to approach Devon and Cornwall Police for this information
  2. The Council does not provide specific training for this campaign, however the Police may hold such information
  3. The campaign is implemented by the police with support from North Devon Council and has been added to the Council’s licensing policy
  4. There has been no specific training for Council staff regarding the campaign.
  5. The Council does not hold this information
  6. As the campaign is only support by the Council, there are no budget plans for the campaign
  7. The Licensing team does not already record this information, nor do they store all Licensing related reports centrally. The only way in which they would be able to respond with 100% certainty would require an officer within the team to manually identify the locations of all applicable reports and go through all in turn covering the requested years (where held) to identify which refer to ‘Ask for Angela’

Section 12 of the Act makes provision for public authorities to refuse requests for information where the cost of dealing with them would exceed the appropriate limit, which for Local Authorities is set at £450 by the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004. This represents the estimated cost of one person spending 18 hours at £25 per hour in determining whether the Council holds the information, locating, retrieving and collating the information

The Licensing team estimates that it would exceed the 18 hour cost limit to carry out the required search to be able to respond to this part of your request. The procedure would cause serious disruption to the day to day working of the Licensing team; therefore the Council is unable to process this part of your request any further

The Licensing team advise that they believe that the only mention of ‘Ask for Angela’ has been in respect of the amended LA03 policy report when it went through the following committees:

06.11.23 - (Public Pack)Agenda Document for Strategy and Resources Committee, 06/11/2023 10:00 (northdevon.gov.uk)

12.09.23 - (Public Pack)Agenda Document for Licensing and Community Safety Committee, 12/09/2023 10:00 (northdevon.gov.uk)

Request reference: EIR 9974

Issue date: 03.07.24

Request received: 

CON29 information relating to a property at EX31 2JN

Response provided:

Applicant provided with the information, where held and also directed to the Council’s website for some of the information

Request reference: FOI 9979

Issue date: 10.07.24

Request received: 

1. When are you next going through an audit of the national fraud initiative? 

2. What current procedures do you have in place such as confirmation of payee against fraud?

3. What is your current confirmation of payee software incumbent product and the renewal date of the contract?

Response provided:

1. The National Fraud Initiative (NFI) is an exercise run and reported on by the Cabinet Office which matches electronic data within and between public and private sector bodies to prevent and detect fraud and error

The Biannual National Exercise is mandatory and the last exercise 2022/23 is approaching completion, with North Devon Council confirming that the process is ongoing and that hundreds of checks and reviews have already been completed

Departments that complete the returned matches show that they are actively involved reducing fraud risk as well making sure that wherever possible their data management is compliant with the Data Protection Act 2018 by ensuring:

  • Data minimisation by ensuring that North Devon Council only holds data that is required
  • Accuracy by ensuring that the data held is as accurate as it can reasonably be expected to be
  • Data retention periods, showing that data is not being held longer than is necessary for its intended use

2. The Counter Fraud Services Team within Devon Audit Partnership (DAP) continues to support and facilitate the development of the Councils Counter Fraud processes and capability, which improves its resilience to fraud and related offences

Proactive counter fraud work is delivered in a variety of ways each year. Some examples of how this is achieved include:

- Participation in the bi-annual National Fraud Initiative (NFI) (as outlined in 1 above)

- Elements of internal audit work focused on controls that may be more susceptible to fraud risk

- Work by Service Managers – such as Council Tax Single Persons Discount review 

The Council shares data with the Cabinet Offices (National Fraud Initiative) every two years in the national data matching exercise

The Council has evidenced that it is actively involved in the NFI and actions the results obtained in this bi-annual national exercise

3. Civica Financials – 30.09.2024

Request reference: FOI 9981

Issue date: 17.07.24

Request received: 

Information relating to an environmental review of: Roundswell Retail Park, John Penrose Road, Barnstaple, Devon EX31 3RY:

1. Has the site been identified for inspection or further review under the Council's Contaminated Land Strategy (or other Part IIA undertaking)? 

If so, please describe the priority status/risk ranking of the site and the likely timescale for any further scrutiny of the site

2. Are there any known contamination issues associated with the site or in the near vicinity e g in terms of former or current contaminative site uses, leaks or spills of any oil/chemical substances etc? 

If there have been any intrusive investigations at the site or near vicinity, please provide dates and titles of any reports and confirm whether the reports are publicly available.

3. Please provide the following details of any current or former landfills located within a 250m radius of the site:

a. The location of all landfills, both closed and operational (i e National Grid Reference and location plan if available)

b. Dates when the landfill was operational

c. Types of waste deposited

d. Any information on volume of waste deposited, depth of infilling and landfill structure

e. Details of any landfill gas monitoring, site investigation or gas spiking undertaken at the landfill or in the immediate vicinity of the site

4. Have elevated indoor radon gas concentrations been identified within buildings on or within 100m of the site? 

Have radon protection measures been required in buildings on site or within 100m?  If so, please provide details

5. Are there any known current or former nuisance issues, prosecutions or enforcements associated with the site or adjoining properties, e g noise, odour or dust issues/complaints? 

If yes, what was the nature of the issue and what was the outcome? 

6. Are there any known private water supplies recorded on your Local Authority Private Water Supply Register, within 2km radius of the site? 

If yes what is the location (i e NGR), the source of abstraction and its purpose?

8. Please provide details of any Part A(2) or Part B Environmental Permits (formerly LAAPC/LAPPC authorisation) licensed to the site or to adjoining properties

Response provided:

Questions 1 - 3: 

Applicant provided with a map and spreadsheet (QGIS contaminated land report)

Environmental Protection does not hold any other records regarding potentially contaminated land in this area. It recommends that the applicant also contact the Environment Agency and Devon County Council regarding any information they may hold in relation to the site or the land in the vicinity

North Devon Council has not yet fully inspected its area to identify sites of contaminated land as required by Part 2A of the Environmental Protection Act 1990. As such, it is not possible to say whether or not this site will be classified under this legislation. At this time, it is considered unlikely that this site would be the subject of inspection under this legislation to the future

4. This information is not held

5. None

6. There are five active private water supplies (marked on a map provided to the applicant), providing to domestic use, within 2 Km radius of the described site, the details as follows:

Address Source Eastings Northings
Tawstock House, Tawstock, Barnstaple, EX31 3HX Borehole 255475 130589
Tawstock Castle, Lake, Tawstock, Barnstaple, EX31 3HX Borehole 255466 130814
Lower Rookabear, Lydacott, Barnstaple, EX31 3QQ Well 252286 130821
Hollowcombe Farm, Lynhurst Avenue, Sticklepath, Barnstaple, EX31 2HY Well 253873 133043
Shorleigh Farm, Lake, Tawstock, Barnstaple, EX31 3HX Well 255559 130663

7. None

Request reference: FOI 9982

Issue date: 16.07.24

Request received: 

Portland building Car park - Council vehicle tracker report on all inspections completed within the requested period of last the 12 months requested (May 2023 - May 2024)

Response provided:

Applicant provided with some information, however some was refused/redacted under Section 40 (personal data) 

Request reference: EIR 9983

Issue date: 15.07.24

Request received: 

CON29 information relating to a property at EX34 8LY

Response provided:

Applicant provided with the information, where held and also directed to the Council’s website for some of the information

Request reference: EIR 9986

Issue date: 18.07.24

Request received: 

All correspondence for planning application 76962 between all relevant parties, including agent, application, planning officers, lead/head planning officers. Request for internal communication as well as external in order to make the final decision

Response provided:

Applicant provided with the requested information, with all personal information relating to the applicant of the planning application redacted where not already available in the public domain in accordance with Regulation 13 of the EIR  

Request reference: EIR 9987

Issue date: 11.07.24

Request received: 

Copies of email reports and inspection photos be provided for building control application 23/00479/DOMBN

Response provided:

Applicant provided with some information held (photos and copy of site notes with some personal data redacted throughout). The remainder of the information held was withheld under Regulation 12(4)(e) - Internal Communications and Regulation 13 - (Personal Data)

Request reference: FOI 9988

Issue date: 02.07.24

Request received: 

  1. For the years 2019-2020,  2021-22, 2022-23 and 2023-24, please provide the number of individual cases of uncollected tax (full or partial amounts) Council Tax and the total amount in sterling of uncollected Council Tax in each of those years
  2. A breakdown into postcode area (or former borough boundary area if easier) of all uncollected (full or partial amounts) Council Tax cases in each of the years 2019-2020, 2021-22, 2022-23 and 2023-24
  3. For each of the years set out above, the number of individual Council Tax debtor cases which were successfully concluded and taxes concluded and taxes collected (either in the financial of the same year or subsequently)
  4. For each of the years set about above, the number of individual Council Tax debtor cases which have remained pending/ongoing without successful conclusion 
  5. For each of the years above, the number of individual Council Tax debtor cases which have been written off by the authority and taxes not collected

Response provided:

  1. The number of individual cases of uncollected tax (full or partial amounts) is not recorded. As at 31.3.2024 the total amount in sterling of uncollected Council Tax is as follows:

2019-20 = £506,360.95

2021-22 = £651,310.78

2022-23 = £1,322,389.96

2023-24 = £2,551,495.19

2.         This information is not recorded

3.         This information is not recorded

4.         This information is not recorded

5.         This information is not recorded

Request reference: FOI 9989

Issue date: 03.07.24

Request received: 

The following information in regard to The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, which implemented Minimum Energy Efficiency Standards (MEES). Since 2018 has the local authority undertaken: 

• Any enforcement proceedings

• Prosecuted anyone for non-compliance

• If yes to either of the above requests, then the number of times for each with the relevant dates of issuance

Response provided:

The Council confirms that it does not hold any of this information. In discharge of its obligation under section 1(1)(b) the Council advises that at present, it does not have a policy to enforce these regulations due to insufficient resources. EPC’s that do not meet the required standard maybe be considered if enforcement action is to be taken under terms of the Housing Act 2004

Request reference: FOI 9991

Issue date: 03.07.24

Request received: 

FOI and EIR

1. The total number of requests received 

2. The total number of requests responded to on time 

3. The total number of requests responded to after the due date or currently overdue still awaiting a response (if you have any still awaiting a response but within the due date please could you make a separate note of these) 

4. The longest delay in responding to request

5. The total number of internal reviews requested 

6. How many officers you have dedicated to the FOI/EIR role as either a full job or part of their job description/responsibilities 

SAR 

1. The total number of requests received 

2. The total number of requests responded to on time 

3. The total number of requests responded to after the due date or currently overdue still awaiting a response (if you have any still awaiting a response but within the due date please could you make a separate note of these) 

4. The total number of requests complexed (extended the time limit)

5. The longest delay in responding to a request

6. The total number of internal reviews requested 

7. How many officers you have dedicated to the SAR role as either a full job or part of their job description/responsibilities 

Response provided:

FOI and EIR 

The Council publishes a quarterly dataset which provides the information requests from 1-5, however the data currently only goes up to 31.03.24. The data from 01.04.24 – 30.06.24 remains incomplete as the authority has several outstanding requests that are still in progress

The Council aims to update the dataset with the data for this quarter towards the end of July/early August and data for 1 July will be included within the Quarter 2 (01.07.24 – 30.09.25) update and will due for publication at the end of September/early October 2024

6. One FTE

SARs

1. 16

2. 11

3. 0 (we have one SAR in progress which is awaiting a response but within the due date).

4. 0

5. All SARs from 01.01.24 to date have been responded to within the one month deadline.

6. 0

7. Aside from the Data Protection Officer: one Administration Officer as an element of her job description and two officers who are able to process SARs in her absence

Request reference: FOI 9992

Issue date: 23.07.24

Request received: 

Any information from the Council’s Environmental Health department with regards to any noise/vibration complaints made against Litchardon Cross Solar Energy Farm, EX31 3QE from January 2023 until the present

Response provided:

Applicant advised that the Environmental Protection have not received any such complaints regarding the premises for the requested period

Request reference: FOI 9993

Issue date: 11.07.24

Request received: 

a. How many contact centre agents do you have?

b. Please confirm the manufacturer of your contact centre system(s) that are currently in place?

c. Please confirm which channels you are using today? (voice, web chat, social media direct messaging, SMS, email, WhatsApp)

d. When is your contract renewal date?

e. What is the name of the 3rd party that provides maintenance/support your contact centre system(s)?

f. Who in your organisation is ultimately responsible for the contact centre system? - Please provide job title at the least

Response provided:

a) 15 advisers, two team leaders

b) Zoom

c) Voice

d) 30.06.26

e) Zoom

f) ICT Manager

Request reference: FOI 9994

Issue date: 08.07.24

Request received: 

The following information relating to Pride Month 2024:

1. Whether any events have been organised for Pride month. If so please provide the date, start and end time, and title/topic of the event

2. Whether any LGBT themed merchandise has been purchased for Pride month. i e since the beginning of the 2024/25 financial year. If so please provide me with information on what has been purchased and the cost

3. Whether the organisation have sponsored any Pride events. If so which events and please provide details of the nature of the sponsorship (particularly the financial value)

Response provided:

1. The Council has not organised any events, however a Pride event is to take place on 27 July 2024 6 am - 7pm which was organised by an external organisation, Sunrise Diversity. A licence costing £35.00 was applied for and granted by the Council’s Estates/Property team to use the Library Square in Barnstaple for the event

2. £0/Nil spend by the Council on any merchandise for the above event

3. £0/Nil spend by the Council regarding any sponsorship for the above event

Request reference: FOI 9995

Issue date: 08.07.24

Request received: 

The following information in regard to The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, which implemented Minimum Energy Efficiency Standards (MEES)

1. Are you able to keep the money received from issuing penalty notices?

2. If not, what is the minimum percentage of the fine you would require to cover costs and/or provide incentive?

1. 100%

2. 50%

3. 25%

4. 10%

5. Briefly, what is the process you take to find non-compliant properties?

6. If the Government was to implement a database which can flag to you when a let property in your area is non-compliant with current EPC standards without an exemption, assuming you could then simply send the penalty notice to the relevant address, would this help you to issue penalty notices?

7. Following from Q4, would this change your answer to Q2, and if so, how?

Response provided:

The Council reconfirmed its response to the applicant (see response under FOI 9989) that at present, it does not have a policy to enforce these regulations due to insufficient resources and as such it is unable to answer the request

Request reference: EIR 9996

Issue date: 29.07.24

Request received: 

A full copy of the pre application report including drawings submitted to the Council under ENQ/0829/2024 on 24/01/24

Response provided:

Information disclosed with the consent of the applicant of the Planning Application and their Agent

Request reference: FOI 9997

Issue date: 29.07.24

Request received: 

For each year from 1 January 2019 to 1 June 2024 (2019, 2020, 2021, 2022, 2023, 2024) and in Excel: 

• Details of all Hazard Awareness Notices, Improvement Notices, Prohibition Orders, Emergency Remedial Action Notices, and Demolition Orders for any of the following issues: lead (hazard 7), damp and mould growth (hazard 1), and excess cold (hazard 2)

Included in this information the applicant requested:

• The name of the party being issued the notice or order

• The date the notice or order was issued

• Details of issues found, i.e. whether the notice relates to lead paint or lead pipes

The time frame for this request is 1 January 2019 to 1 June 2024

Response provided:

Applicant provided with the information in Excel format, however it was unable to provide the information requested under the ‘Action Taken’ Column due to the how its reporting is captured within its database; therefore the only way in which this information could be provided would require the Council’s Private Sector Housing team to manually identify, locate, retrieve and collate the information. The team estimated that it would take over 64 hours to provide this outstanding information. They explain that there are 375 entries on the spreadsheet which equates to 193 individual cases that would need checking in order to establish the facts, check attachments and actions. This would in their view take a minimum of 20 minutes per case. It should also be noted that some of the cases are historic and therefore may no longer hold as much information as required to establish actions

Section 12 of the Act makes provision for public authorities to refuse requests for information where the cost of dealing with them would exceed the appropriate limit, which for Local Authorities is set at £450 by the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004. This represents the estimated cost of one person spending 18 hours at £25 per hour in determining whether the Council holds the information, locating, retrieving and collating the information. Therefore the Council refused to provide this information under Section 12 of the Act 

Request reference: EIR 9998

Issue date: 11.07.24

Request received: 

Information held by Building Control regarding the Building to the rear of 4/5 Bath Terrace, Instow

Response provided:

Applicant provided with some information (copies of two site note reports and photos, with all third party personal data redacted throughout; however some information held internal communications was refused under Regulation 12(4)(e) in full

Request reference: FOI 10000

Issue date: 10.07.24

Request received: 

The 2024 general election results for the Parliamentary constituencies counted by your local authority, showing the votes for each candidate broken down by ward level

If this data was not collected by ward level, please could this be confirmed?

Response provided:

The Council confirmed that votes are not counted in a way in which it can answer the request. Ballot boxes are verified individually and when the votes for each candidate are counted, all of the ballot papers are mixed together; therefore there would be no way in which it would be possible to break this down by ward

Request reference: FOI/EIR 10001

Issue date: 26.07.24

Request received: 

Trees that are near buildings are often threatened by requests for removal. These requests normally come from homeowners or property owners or their insurance companies after trees are alleged to be causing damage. In many cases these trees pre-date the buildings that are being affected

I would like to understand more about how this issue affects your local authority and the trees you are responsible for (i e, you are responsible for maintaining, or are on your land, owned by you, etc)

In particular, I would like to know, over the past 10 years:

1. The locations of trees removed by your authority due to property or infrastructure damage, ideally accompanied by their species and the date of removal where possible (locations via GIS data, What3Words, OS coordinates, or addresses as you find easiest)

2. How many of/which of these trees were removed due to claims or requests from insurance companies

3. How much the council paid to remove each tree (if this can be attributed per removal, or how much the council spent on tree removal each financial year if not)

4. How much the council paid out in insurance claims for tree damage to properties (individual claim values preferred, but an aggregate value may be acceptable if the council considers the individual values to be exempt from disclosure)

5. The number of trees where removal has been requested, but was either refused, an alternative solution found, or the situation is still ongoing; any breakdown that can be provided (similar to above, e g species and location) would be appreciated

Please follow the following principles when considering this request:

- Data at an individual tree level is preferred, but where you consider this can't be disclosed due to commercial or legal agreements (e g insurance claims, contractor works) then aggregate data either annually or (worst case) over the whole period may be acceptable

- Some data is better than no data; for example, if data is only available for the last 5 years then that is better than refusing the request

Response provided:

1. 0

2. 0

3. £0

4. £0

5. 0

Request reference: EIR 10003

Issue date: 29.07.24

Request received: 

The registration number, make and model of all Council owned vehicles between 1 April 2019 and 31 March 2024 within the Council

Response provided:

Applicant provided with this information, where held, in Excel format  

Request reference: EIR 10004

Issue date: 22.07.24

Request received: 

CON29 information relating to a property at EX33 2ES

Response provided:

Applicant provided with the information, where held and also directed to the Council’s website for some of the information

Request reference: FOI 10005

Issue date: 12.07.24

Request received: 

Number of vacant homes:

1. The number of vacant council properties

2. The number of vacant Housing Association properties 

Reasons for vacancy:

3. Breakdown of reasons why said social housing properties are vacant

4. (e g waiting repairs, legal issues, not meeting the Decent Homes standard, etc)

Waiting list size:

5. How many residents are currently on the waiting list for social housing?

Waiting list length:

6. The average length of the waiting list for a council property

7. The average length of the waiting list for a Housing Association property

Response provided:

Number of vacant homes:

1. None. The Council no longer holds any council owned social housing; this was transferred onto North Devon Homes Ltd, 21.02.2000

2. North Devon Council does not hold this information

Reasons for vacancy:

3 and 4. Not Applicable

Waiting list size:

5. There are 2,381 ‘applications’* on the North Devon Housing Register of the Devon Home Choice scheme as at 12 July 2024

Devon Home Choice is a choice based lettings scheme operating across Devon as partnership of all Devon local authorities and registered providers

*Each application contains ‘a household’ and ‘a household’ could be ‘one or more persons’ who wish to live together in the same household

Waiting list length:

6 and 7. North Devon Council does not hold that information because once applicants are registered they can bid for any advertised properties for which they are eligible to bid on

Request reference: FOI 10006

Issue date: 17.07.24

Request received: 

Information with respect to the implementation of the 'biodiversity duty' of the 2021 Environment Act:

The duty requires public authorities to undertake a first consideration by January 1 2024

1. Did the council produce its own first consideration report or document by that date? If so, I would like to make a request for any such report or document

2. How many meetings did council officials and elected politicians undertake with respect to the first consideration?

The duty asks that public authorities "must agree...policies and objectives as soon as possible after [January 1 2024]"

3. I would like to request information about how many meetings have been undertaken by council officials and ministers to that end in addition to individual summaries of those meetings

4. Has the council agreed policies and objectives related to the duty? If so, I would like to request a summary of those policies

Response provided:

  1. Yes, the report is published via the Council website: Strategy and Resources 13.05.2024
  2. One, Strategy and Resources on 13.05.24
  3. N/A. To date, discussion around BNG has been largely informal between officers
  4. N/A as no formal policies or objectives have been agreed

Request reference: FOI 10007

Issue date: 17.07.24

Request received: 

1. Has the Council asked a member of staff to sign a Non-Disclosure Agreement (NDA)?

2. Has the Council asked an individual who is not a member of staff in the last three years to sign a Non-Disclosure Agreement (NDA)?

3. Please can you attach a copy of any NDA’s used?

4. How many members of staff have signed NDAs?

Response provided:

1. No in each of the last three years

2. No in each of the last three years

3. N/A

4. N/A

Request reference: FOI 10009

Issue date: 29.07.24

Request received: 

CON29 information relating to a property at EX34 9SU

Response provided:

Applicant provided with the information, where held and also directed to the Council’s website for some of the information

Request reference: FOI 10010

Issue date: 30.07.24

Request received: 

Council spend on policing and managing Palestine protests since October 7 and the broader impact of protests on council proceedings

1. How much has the council spent on security - private security, police, and general management of protests around Palestine, Gaza and Israel - from October 7 2023 until June 2024?

2. What was the total council security expenditure October 2023 - June 2024? This includes staff costs, and/or equipment (such as alarms, monitoring, and maintenance), and/or third-party costs (such as private security costs).

3. What was the total council security expenditure October 2022 - June 2023?

4. How many council meetings have been disrupted by protests since October 7? How many of these protests were related to the Israel/Palestine conflict and/or the war in Gaza?

5. How many (if any) council meetings have been cancelled since October 7? How many of these protests were related to the Israel/Palestine conflict and/or the war in Gaza?

6. How many people do you understand have taken part in Gaza / anti-Israel / pro-Palestine protests in and around council buildings? 

7. Have the police been involved in any protests at the council since October 7? If so, how many times and were any arrests made? If so, how many and why?

8. How many motions, questions, or resolutions about Israel/Palestine have been tabled to the council since October 7?

Response provided:

  1. £0
  2. Applicant referred to the Council’s Contract Register which publishes the overall value of its current Security services contract, however the specific expenditure for October 2023 – June 2024 was £24,287.37. The Council is unable to supply the costs for monitoring and maintenance of equipment as the overall contract cost combines intruder, fire, door access and CCTV maintenance
  3. £21,923.79 
  4. Zero
  5. Zero
  6. This information is not recorded/held
  7. This information is not recorded/held. Applicant advised to contact Devon and Cornwall Police for information that they may hold
  8. Zero

Request reference: FOI 10011

Issue date: 17.07.24

Request received: 

1. Mobile phones

a) Who is your current mobile phone provider?

b) How many mobile connections?

c) When is the contract up for renewal?

d) How long do you contract for (24 or 36 months)?

e) The email address of the primary contact for this contract?

 

2. SIP Trunking

a) Have you implemented SIP?

b) If yes, when does the contract expire?

c) Who is your SIP provider?

d) The email address of the primary contact for this contract?

 

3. Team Licences

a) Which Microsoft 365 Licence do you have e.g. E3, E5

b) Have you voice enable your Teams Licences?

c) If not, is that something you are considering?

 

4. Telephony

a) What is your current telephony system?

b) How many users of the telephony system?

c) When is the contract up for renewal?

d) The email address of the primary contact for this contract?

 

5. Contact Centre

a) What contact centre solution is the council using?

b) How many agents does the contact centre employ?

c) How many agents are concurrently working?

d) What is the cost of the contract for the contact centre solution?

e) When is the contract for the contact centre ending?

f) How long do you usually contract for?

g) The name of the relevant contact?

Response provided:

1. Mobile phones

a) Vodaphone

b) Please Refer to the Council's published dataset called 'Mobile phone connections by Provider/Plan

c) Please refer to the published telephony contract information via the Council's Contract Register

 d) As c) above

e) As c) above

 

2. SIP Trunking

a) Yes

b) Please refer to the published contract information via the Council's Contract Register

c) Voxbox/ZVC UK Ltd

d) Sarah Higgins, Head of Customer Focus

3. Team Licences

a) E3

b) No

c) Not being considered at present

 

4. Telephony

a) Zoom

b) 400

c) Please refer to the published contract information via the Council's Contract Register 

d) As 2.d) above   

 

5. Contact Centre

a) Zoom

b) 50

c) Up to 50

d) As 4.c) above   

e) As 4.c) above

f) As 4.c) above

g) As 4.d) above

Request reference: FOI 10013

Issue date: 17.07.24

Request received: 

Information on all Section 38 and 278 technical approvals granted from 01.01.24 - 31.03.24

Response provided:

Applicant advised that the Council does not hold this information and was directed to Devon County Council for response 

Request reference: FOI 10018 

Issue date: 22.07.24

Request received: 

1. How many workers use the "free" transport?

2. Total cost per year of this transport over the past 5 years by year

3. Why are council workers entitled to "free" transport?

Response provided:

1. All staff are free to make use of the free transport service, however only 60 members of staff use it at the time of this response

2. 2019/20       £7,970

    2020/21       £9,479

    2021/22       £0

    2022/23       £6,886

    2023/24       £7,638

3. The Council Waste and Recycling services depot was relocated out of town, serviced by minimal public transport links. The transport was introduced to ensure those staff members affected could get to and from work. Parking is not available to 100% of staff at its current location and therefore staff are encouraged to use the transport to reduce parking demands

Request reference: FOI 10020

Issue date: 31.07.24

Request received: 

CON29 information relating to a property at EX37 9TL

Response provided:

Applicant provided with the information, where held and also directed to the Council’s website for some of the information

Request reference: FOI 10021

Issue date: 22.07.24

Request received: 

1. Who is your current mobile phone provider?

2. How many mobile connections?

3. When is the contract up for renewal? 

4. The name and email address of the primary contact for this contract?

Response provided:

1. Vodaphone

2. Please Refer to the Council's published dataset called 'Mobile phone connections by Provider/Plan

3. Please refer to the published contract information via the Council's Contract Register: 

4. As 3. above

Request reference: FOI 10022

Issue date: 29.07.24

Request received: 

1. Do you use a tool for Surveys? (a survey tool would help to create the survey, design the questions, distribute the survey, drive responses, and build out reports and insights into the data)

2. If so, which supplier do you use for this tool?

3. How much do you spend annually on Survey Tools?

4. Which month and year does your contract with your supplier end?

5. Who is the budget holder for this contract?

Response provided:

1. Yes

2. Microsoft Dynamics 365 Customer Voice

3. Currently £894 per year

 4. Procured via the Council's Microsoft Enterprise agreement which renews annually on 31 May via Phoenix Software. The Council is currently in Year 1 of a new three year contract

5. ICT Manager

Request reference: FOI 10023

Issue date: 23.07.24

Request received: 

1. How many motorcycle parking spaces there are in North Devon? 

2. How many are private and how many are public?

3. That data drilled down further by location 

4. What the rules/charges are for motorcycles in the above areas?

5. If the Council holds the data specifying what spaces belong to supermarket/leisure centres, please provide

Response provided:

1.   Applicant directed to the Council’s website where details of all its car parks are published. Applicant was directed to Devon County Council with regards to on-street parking

2. Applicant advised that there are no reserved/private bays explicitly for motorcycles within the Council’s car parks

3. As 1. Above, the full address of each car park is published on the website (each car park has its own hyperlink that provides the full address)

4. As 1 above

5. The Council does not hold information regarding supermarket car parks as these are privately owned. With regard to leisure centres:

Tarka Car Park this car park is located next to the Tarka Leisure and Tennis Centre

Hillsborough Car Park this car park is the closest to the Ilfracombe Pool and Fitness Centre 

Request reference: FOI 10025

Issue date: 24.07.24

Request received: 

The applicant requested access to the Council’s ward level data from the July 2024 election

Response provided:

The Council confirmed that votes are not counted in a way in which it can answer the request. Ballot boxes are verified individually and when the votes for each candidate are counted, all of the ballot papers are mixed together; therefore there would be no way in which it would be possible to break this down by ward 

Request reference: FOI 10026

Issue date: 29.07.24

Request received: 

A. Can you please confirm if any of your council depots have the following charges in place at present from the below list?

a.         Please can you provide the number of each you have access to?

B. If not, can you confirm if there are plans in place to have any of these fitted?

a. If so which number(s)?

b. If so, do you know when?

Response provided:

A.        No, it does not have any of EV chargers as per the list at its sites

a)         The Council has one EV charger at one of its sites for the use of its Parks team: 

Zappi 2H07UB-F 7kw untethered car charger. 

B.        The Council plans to have further EV charging on its sites, however the time frame us currently unknown

Request reference: FOI 10028

Issue date: 29.07.24

Request received: 

1) A list of instances, in the past 15 years, when North Devon District Council has found structural issues with hollow block and beam/beam and pot structures on any buildings within the authority. The list should include: the address where the issue was found, what sort of building (i.e. school, office etc.) it, and when the issue was found

2) A list of instances, in the past 15 years, when North Devon District Council commissioned reports from structural engineers into structural issues with hollow block and beam/beam and pot structures on any buildings within the authority. The list should include: the address where the issue was found, what sort of building (i.e. school, office etc.), and when the issue was found

3) Copies of those reports

4) How much money your council spent rectifying these problems

Response provided:

The Council provided the following response in relation to North Devon Council owned/managed properties/buildings:

1.         0

2.         0

3.         N/A

4.         N/A

Applicant informed that schools do not fall under the District Council’s responsibility, and directed to contact Devon County Council for information covering North Devon

Request reference: FOI 10029

Issue date: 30.07.24

Request received: 

1. Total spending on temporary accommodation for homeless households in the financial year 2022/23. Please advise how much of this spending was funded by central Government (for instance via the Homelessness Prevention Grant) and what, if any, was the net cost to you (to be funded by the Council Tax.)

2. Total spending on temporary accommodation for homeless households in the financial year 2023/24. Please advise how much of this spending was funded by central Government (for instance via the Homelessness Prevention Grant) and what, if any, was the net cost to you (to be funded by the Council Tax.)

3. Total spending on hotels as temporary accommodation for homeless households in the financial year 2022/23

4. Total spending on hotels as temporary accommodation for homeless households in the financial year 2023/24

Response provided:

Applicant provided with a spreadsheet which provided the spend for the requested years for each of the four questions. Applicant also advised that the 2023/24 figures are unaudited. Once confirmed, the updated dataset will be published on the Council's website: Cost of providing temporary accommodation to the council https://northdevon-self.achieveservice.com/service/results?ID=A4602931-8B01-4026-A1F9-60FFA952F74F&DS=4005

The Grant received is as follows:

2022/23: £406,358.00 main grant

            £63,929.00 top up

2023/24:

            £420,700.00 main grant

            £169,711.00 top up

Request reference: FOI 10031

Issue date: 30.07.24

Request received: 

 Costs incurred and charges received relating to the fair in Ilfracombe:

  1.  Details of whether or not the fair is on a tender or invite basis? 
  2. How much the fair pays to occupy the site for the school holidays? 
  3. How much the fair costs to host, i e Toilet hire, cleaning and any services we provide for them
  4. Any rights the small businesses nearby have regarding their trading practices, ie conflict of interest, false selling etc

Response provided:

1.   A tender process is undertaken where there are more than 1 party interested in the same offering. This fair operation was by request

2. Venue cost is £3835.00 plus Portaloo package, inclusive of provision of block of hired portaloos, inclusive of cleaning and emptying service

3. No services. No cost outlay by the Council

4. Victoria Pleasure Grounds use is for the general public to enjoy attractions and entertainment by way of licenced events 

Request reference: FOI 10036

Issue date: 30.07.24

Request received: 

You may have received the same request in the past and this information sent has now expired and I require an update as soon as possible for the following.

I would like the organisation to review my freedom of information request below, that’s focused around contract data for services around facilities management specifically around the services below:

1. Office and building cleaning – Service contract that is focused around office, commercial and building cleaning services

2. Lift service and maintenance – Service contract for lift service and maintenance

3. Food – Service contract that is focused around catering services

4. General waste services contracts – The organisation’s primary general waste service contract

5. Laundry services - where clothes and linen can be washed and ironed

1. Contract profile questionnaire for each type of contract

2. Supplier/Provider of the services

3. Total Annual Spend – The spend should only relate to each of the service contracts listed above

4. A description of the services provided under this contract please includes information if other services are included under the same contract

5. The number of sites the contract covers

6. [ONLY FOR LIFT CONTRACT] The Brand name of the type of lifts used by the organisation

7. The start date of the contract

8. The end date of the contract

9. The duration of the contract, please include information on any extensions period

10. Who within the organisation is responsible for each of these contracts? Name, Job Title, contact number and email address

Response provided:

1.       Office and building cleaning

Please refer to the Council’s current contract with Direct Cleaning Services from 01.06.24 as published on our contract register. This provides all of the requested information, apart from the number of sites covered (which is currently seven). The annual cost will be the total cost of the contract (as published on the link) divided across the length of the contract (as published on the link provided above)

2.       Lift Service and Maintenance

The Council’s Property Services team confirms that the Council’s lift service and maintenance for three lifts is currently within a 12 month service agreement with P&P Lifts Ltd or Torquay which commenced 01.04.24 and runs to 31.03.25. The total value of this service agreement is £737.50 for the year

3.       Food

          No contracts held by the Council

4.       General waste services contracts

No contracts held by the Councils it continues to provide an in-house waste (refuse, black bags, bins) service to the residents of North Devon

5.       Laundry services

No contracts held by the Council

 

 

 

 

 

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