Disclosure Log - April 2020
|Ref:||Response Issued:||Information Requested:||Response:||Exemptions:|
Copies of any reports/plans/analysis the Council has prepared on the potential impact of Coronavirus
Some information was provided to the applicant where appropriate (available upon request), however the Council’s Business Continuity Plans help were withheld from disclosure as their release would have a significant prejudicial effect on the Council’s ability to perform its core statutory functions as set out in the Civil Contingencies Act 2004, ie. the identification of risks and hazards and the establishment and implementation of plans to respond to and recover those risks or hazards materialising
The plans describe which service is defined as critical to Council service delivery, how it would be resumed, which support services are needed, office space used, meeting venues and personal and supplier phone lists, procedures for all key officers in the event of an incident, decisions to be made and the interaction between the authority and other blue light agencies. Disclosing the plans into the public domain would lead to a significant risk that the plans may be frustrated by local interference at a critical time
|Section 36 of Act|
1. What is your policy on zero hours contracts?
2. How many workers/employees do you currently directly employ on zero hours contracts? What is the breakdown of these figure according to (a) occupation, (b) sex, (c) race and (d) age?
3. How many workers/employees do you currently indirectly employ on zero hours contracts via agencies, contractors or sub-contractors? If this data is not available, please provide the names of the agencies, contractors or sub-contractors that you use to employ workers indirectly.
4. How many workers/employees do you currently directly employ on minimum hours contracts or via agencies, contractors or sub-contractors?
5. How many workers/employees in total do you currently employ? What is the breakdown of these figure according to (a) occupation, (b) sex, (c) race and (d) age?
1. The Council does not hold a policy
2. The Council does not have any members of staff that are directly employed on zero hours contracts
3. The Council does not record this information Please refer to the Council’s Contracts Register for the names of those companies that goods and services are contracted out by the Council:
5. a) HR does not have a report for this information and therefore is unable to provide
c) As follows:
Unspecified = 12
Unspecified = 2
d) 20-25 =17
|7096||01.04.20||CON29 information relating to a property in EX34 7EA||Applicant provided with the information, where held and also directed to the Council’s website for some of the information||None|
1. The number of Community Protection Notices (CPNs) issued in the year November 2018-October 2019, providing the text or subject matter of these CPNs
2. The number of fines issued for the violation of Public Spaces Protection Orders (PSPOs) in the calendar year 2019 (Jan-Dec 2019), providing:
2b. details of the offences for which these PSPO fines were issued
3. The amount of income raised in 2019 from the renting out of outdoor public spaces (for example, public streets or squares)
4. If the council has a policy of banning smoking and/or vaping in any outdoor public spaces - such as parks, beaches, play areas, town squares, outdoor markets, or car parks. Please give details of any restrictions, and if any penalties apply
1. 10, details as follows:
14 November 2018 - cease and prevent any disturbance to neighbours by loud music, or people noise associated with playing of such music, at home address
31 December 2018 - cease emissions of dark smoke or noxious fumes or unpleasant odour by Fri 11th January and maintain for at least 12 months AND submit waste management plan by Mon 21st January
25 January 2019 - clear all the outdoor areas at (address) of the entire accumulation of dumped rubbish/materials - comprising of scrap metals, furniture pieces, vehicle parts, household waste, and any other rubbish or litter and leave the area in clean and tidy condition; and to be aware that this requirement to keep it in substantially the same clear tidy condition extended to 12 months from that date
1 February 2019 - not to consume alcohol or be in possession of any unsealed or open container of alcohol in a public place within any PSPO area in North Devon Council area
1 May 2019 - subject found to be continuing to place food out on the ground near your address, and continuing to use bird feeders of such type or in such a way as to be accessible to rats
17 May 2019 – street drinking
14 June 2019 - not to consume alcohol or be in possession of any unsealed or open container of alcohol in a public place within any PSPO area in NDC's area
2 July 2019 - not to be in possession of any gas canisters in a public place / Not to enter Church Walk area, Barnstaple at any time / Not to be found ingesting, inhaling, injecting, smoking or otherwise using an intoxicating substance in a public place
22 August 2019 - feeding of pigeons and rats at Rapparee Cove and Ilfracombe High Street
28 August 2019 - threatening/intimidating language and consumption/possession of alcohol in PSPO area and defecation/urinating in public place
b) 3 July 2019 - Refusing to hand over alcohol when requested to do so by PCSO within the PSPO area in Barnstaple
9 July 2019 - Failed to surrender an open container of alcohol when requested to do so by PCSO in the PSPO area in Ilfracombe
23 July 2019 - Refusing to hand over an open container of alcohol on Boutport Street, Barnstaple to PCSO this is within the PSPO area
3. £11,896.00 is the total amount of income raised from use from public open spaces where licences have been issued with a licence fee and in some cases a venue fee in 2019
4. There is no policy on the banning of smoking in our parks and open spaces. We do have signs in all our play areas requesting people not to smoke, but we cannot enforce this
5. The Council’s No Smoking Policy is as follows:
NO SMOKING POLICY
Smoking is prohibited in all enclosed premises in the workplace including Council vehicles
Employees wishing to smoke will have to leave their work place or vehicle to do so
Employees on flexitime will need to “clock off” when leaving their workplace/vehicle for a smoking break and “clock back on” when they return
Employees not on flexitime will have to agree arrangements with their manager for recording their unpaid smoking breaks
Vaping (use of e-cigarettes) is similarly prohibited
|7099||03.04.20||CON29 information relating to a property in EX37 9PB||Applicant provided with the information, where held and also directed to the Council’s website for some of the information||None|
|7100||16.04.20||Repeat of FOI 7046 answered 25 February (see February 2020 Disclosure Log||Applicant advised that there has been no change to the information supplied in the February response||None|
The following business rates data compiled into one spreadsheet:
- Billing Authority Property Reference Code (linking the property to the VOA database reference)
Applicant direct to the Council’s Business Rates datasets for all of the information, apart from the rate year charges for the years 2017/18 through to and including 2020/21
Unfortunately the system report used by the Revenues team does not provide details of the annual rates charge. To include this, it would require the Revenues team to manually look up each of the 5,900 current accounts and find the required information and enter into the dataset
The Revenues team estimate that this exercise would take approximately 190 hours to complete, and therefore this would exceed the 18 hour limit as set under Section 12 of the Act
Business Rates datasets:
|Sections 12, 16, 21 of Act|
Since 1 April 2018:
1. How many compliance notices your authority has issued to landlords for suspected non-compliance with the Domestic MEES
2. How many financial penalties your authority has issued to landlords for a confirmed breach of the Domestic MEES rules
3. The total value of the financial penalties issued by your authority under the Domestic MEES rules
The following in relation to planning application 71251;
a. how much income this development in council tax
The Council does not hold a record as to the amount of money the development (71251) would generate in Council Tax
Applicant provided with an Excel spreadsheet (available upon request) which sets out the 2020/21 Council Tax for each band of property in South Molton, broken down further by each charge into the various preceptors
At this time the Council does not know what the Council Tax banding would be for those properties being developed, therefore we are unable to supply this information as it is not held by the Council
The applicant would be able to calculate, using the spreadsheet and the number of proposed houses being developed for each of the Council Tax bandings, with band D being the average
The ratepayer name(s) – excluding those exempt under Section 40 of the Act, from 7 August 2013 for:
Orange (DVN0221) Riverside Road, Barnstaple, Devon, X31 1EY
|Applicant advised that the ratepayer, since 7 August 2013 has been Orange PCS Ltd||None|
1. Is 'Separation Distances between buildings' the only method used as a guide to assess visual privacy in the determination of planning applications for proposed residential developments?
2. If the answer to question 1 is no, what other methods are used to assess visual privacy in the determination of planning application for proposed residential developments?
For question 1, can you provided me with a 'Yes' or 'No'.
For question 2, can you provide me with just a list of the methods
If there are no established guidelines on how visual privacy is accessed, can you also include that in your response
2.Apply policy Policy DM01: Amenity Considerations
Development will be supported where:
13.1 Development must have regard to the importance of protecting residential and other amenities. People are entitled to enjoy their own homes or public places without undue disturbance or intrusion from neighbouring uses. Good neighbourliness and fairness are some of the yardsticks against which proposals can be measured
13.2 Some types of development, particularly employment uses, can damage the environment of residential areas by creating unacceptable levels of traffic and pollution such as noise, smell,
13.3 Amenity considerations relating to the extent that people are entitled to enjoy their own homes or public places without undue disturbance or intrusion from neighbouring uses include:
(a) privacy and daylight: securing adequate privacy and preventing the loss of daylight through overshadowing can be achieved by ensuring adequate distance between properties,
(b) light intrusion: poorly designed lighting can result in the spillage of light into the countryside, impact on residential amenities and increase sky glow. Development proposals
(c) noise and vibration: it is particularly important to minimise the impact of noise and vibrations in sensitive locations and buildings such as residential areas, hospitals, schools
(d) unpleasant emissions: these emissions are defined as smell, fumes, smoke, soot, ash, dust or grit. The source of emissions can originate from a variety of uses including industrial uses and food preparation uses such as restaurants and take-aways
13.4 These amenity considerations are material to planning considerations and should be taken into account in assessing all development proposals. Policy DM01: Amenity Considerations is primarily concerned with protecting residential amenities; however it is equally applicable to proposals that would have a harmful effect on existing residential and non-residential development. It is particularly important to ensure that existing industries or businesses are not faced with additional costs in order to overcome any environmental health problems following the location of a new development such as housing
13.5 Mixed use development reduces the need to travel but raises potential conflict between uses. These can be reduced by the careful consideration of siting within larger development
13.6 In addition to the amenity considerations, the siting of development will also be influenced by other policies in this Local Plan, including Design (Policies ST04: Improving the Quality of Development and DM04: Design Principles) and issues relating to public health and safety and the implications of pollution in the environment (Policy DM02: Environmental Protection)
1. How many student discounts have been applied by the authority for the 2018/19 and 2019/20 financial years? For clarity I would like this broken down by numbers of CLASS N Exemption and numbers of individual Student Disregard Discounts applied
2. What evidence of being a full-time university student does the authority require to satisfy the application for student disregard discount?
3. What evidence do the authority require to apply a Class N discount to a property?
Class N - (1) A dwelling which is either–
(b) occupied only by one or more students as term time accommodation;
5. Does the authority rely on any lists of full-time student supplied by universities and in which case please state which institutions provide this method
1. 2018/2019 (at 31.3.2019)
2019/2020 (at 31.3.2020)
2. North Devon Council require a student certificate issued by the educational establishment or email confirmation from the educational establishment for an individual or list od students as evidence of student status. This is required for both student disregards and Class N requests
3. As 2 above
5. Yes, Plymouth University
Official Government advice states that anyone with horses, livestock or other animals (except for cats and dogs) should call their local authority if they are too unwell to care for their animals due to Covid-19 and if they don’t have anyone to help them. The official advice is contained at this webpage, which I last accessed on 13th April 2020: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-people-with-animals. Please can you advise:
1. Has the local authority received any calls of the above nature? If this information is held, please advise which species help has been requested for
2. What is the local authority’s official response to such calls for help?
3. What arrangements has the local authority made, or planned to make, for those animals that cannot be cared for by owners in the above circumstances?
a. Please describe the nature of any temporary arrangements that may be being made. Please break this down by species and/or animal type if appropriate
b. Please describe the nature of any permanent arrangements that may be being made. Please break this down by species and/or animal type if appropriate
4. How much financial resource does the local authority have access to help people with animals in the above circumstances? Is this being provided by the local authority itself or by central Government?
1. No, the Council has not received any requests for assistance to date
2. The Council would look to assist where possible in accordance with the guidance on a case by case basis
3. Nothing specific outside of the Council’s normal arrangements for animals
4. No separate funding has been identified for this
1. What is the council's process for communicating with eligible businesses and handling applications?
(eg automatic payments, businesses notified via letter and asked to apply via link, email notification and link etc.)
2. When were businesses first notified by the council that they may be eligible to apply?
3. What is the payment turnaround time from receipt of application?
4. Is there a staggered process for making payments, and what is the process? (eg do you deal with first 1000 applications in a block and pay them by a certain date, before moving onto the next 1000 applications etc.)
5. How many businesses within your council jurisdiction are eligible for the grant?
6. How many applications have been received as of April 17 2020?
7. How many applications have been rejected as of April 17 2020?
8. How many businesses have been paid as of April 17 2020?
1. Numerous press releases/announcements on social media/mailshot to businesses who haven’t applied/phone calls to business where possible (all including a link to on-line form where possible)
2. When our application form went live on 9 April 2020. Prior to that there were various press releases/social media notices and information on our website detailing eligibility etc.
3. This varies depending on daily number of applications received/number of pay runs/number of staff to do checking/ whether the applications made during the week or on the weekend when staff numbers are reduced. Unable to give a figure
4. Payments made in chronological order in varying numbers depending on pay run dates/staff numbers etc.
5. See response to 8 below
6. 2078 as of 20 April (No record on 17 April)
7. This information is not recorded
8. We produce weekly returns to the Government detailing number of hereditaments identified that may be eligible for a grant, number of awards made and the total value of the awards and this can be found via the following link:
A full and up to date list of business/charities that have become liable for business rates, on and between the 16 March – 15 April 2020 including the following:
- the full business name and address
Applicant advised that the Council is unable to provide the information sought in the format requested
The reporting element that is used by Revenues is only able to extract information on the day that a report is run, which then provides a snapshot as to how the accounts stand on that specific day. The system does not allow the team to select specific historic/past dates back over the years to run reports on to see which premises became liable for Non Domestic Rates. The system used by Revenues is a live system that is continually being updated
Instead, a comparison can be made between the datasets that are published on the Council’s website which provide a snapshot of the accounts held with the authority in October 2019 and January 2020:
Applicant advised that the next update is due, in accordance with Section 22 of Act, in April 2020
|Sections 16, 21 and 22 of Act|
Calculation method for revaluation support – 2017/18, 2018/19, 2019/20 and 2020/21
Applicant directed to the Council published Policy for granting of Discretionary Non-Domestic Rate Relief which sets out the method:
Applicant advised that the calculation method shown in the published policy applies to all of the requested years within the request
|Sections 16 and 21 of Act|
1. What video conference solution or solutions do you use, or are planning to use in the coming weeks/months? (Webex, Bluejeans, Google Hangouts, Zoom, Microsoft Teams, other - please state)
2. If you have considered and chosen not to use any of the above, what reason other than cost made you decide not to use them?
3. Have you, or are you planning to use the solution for councillor meetings (closed and/or open to the public)?
1. The Council has used Skype and Zoom – others are to be evaluated
2. The Council is still currently evaluating solutions
3. Member Services confirm that they have used Zoom once for an informal Councillor briefing; however the team are in the process of selecting an option to use for formal Council and Committee meetings
The arrangements the Council has in place for the collection for residual (black bag) household waste. If it is provided by an in-house service please advise. If it is contracted out to an external operator please provide the following details: -
If arrangements for the collection of recyclates from households is different please provide full details as above plus details of the materials collected, the frequency for each type and the tonnes collected for each type
The Council’s household waste (Black bags/black wheelie bins) and recycling is collected by the Council’s in house service
Further information can be found via the Council’s website:
|7120||23.04.20||A list of the licensed premises (pubs) with addresses in and licensed by the Authority||Information provided to the applicant in Excel format, available upon request||None|
In Excel format, the following information from the Building Control Register to help the applicant’s research into property renovations:
1. Valid Date for all applications between 01/01/2015 and 31/12/2019
|Information provided to the applicant in Excel format, available upon request||None|
|7123||28.04.20||A full list of all main contractors, consultants, sub-contractors and suppliers (including postal address/postcode and office telephone number details which are already in the public domain so if not effected by GDPR) that are or have provided the following services to the council either as a pre-qualified contractor or as an external procurement contract under a main contractor awarded by the council with new build construction/engineering/maintenance works current and completed since January 2019||
The following links to find the requested information published via the Council’s Contract Register and Expenditure Open Data:
The Council’s Contract Register publishes all active contracts that it enters into over the value of £5,000: https://procontract.due-north.com/ContractsRegister/Index?p=696a9836-1895-e511-8105-000c29c9ba21&v=1
The Council’s Contract Register only records contracts that are active at the date that it is viewed. Given that the request for information seeks contracts relating to contracts awarded since January 2019 the Council provided the application with a spreadsheet showing the details of all contracts (including archived (inactive) contracts that may not appear on the above linked register) that fall within the remit of your request. This is available upon request
For contracts and spend below £5,000, please refer to the Council’s expenditure datasets which are published monthly: https://www.northdevon.gov.uk/open-data/?ID=BB3BE107-A1BE-4C6F-BE50-0A16551EA1B2&DS=4005
|Sections 16 and 21 of Act|
• How many individual coronavirus cash grants (£10,000 grants) were applied for by fashion retail businesses between 17 March and 27 April
-Fashion retail businesses are classed as clothing, footwear and accessories businesses with a bricks-and-mortar and/or ecommerce presence
-To receive responses in excel spreadsheet format
|The Council’s Revenues team confirms that they do not record the nature of the business when recording the coronavirus cash grants that have been applied for and issued by the Council, therefore they are unable to identify business properties occupied by fashion retail businesses||None|
A list of all hereditaments where the Council has granted EXPANDED RETAIL DISCOUNT for the 2020/21 rate year
This request relates to business rates but please only refer us to data available for download on the Council website if it contains the requested EXPANDED RETAIL DISCOUNT data
• Property Reference Number (also known as Billing Authority Reference Number) of the property on which the charge is made. This is not the Rate Demand or Account Number
• Current Rateable Value
• Account holder name
• Property address
• The billing address (where different to the property address)
Applicant directed to the Council’s website where the information is published in dataset format ad update on a quarterly basis:
Within the datasets is a column called 'Additional Relief' which records those premises that receive Expanded Retail discount. In the January 2020 dataset, where it says 'Retail Discount' in that Additional Relief column, this means that Expanded Retail discount is in receipt
Applicant advised that due to the current coronavirus pandemic, the April 2020 update has been delayed, however it is anticipated that the datasets will be ready for publication in 7-14 days
Once the datasets are published, in the April 2020 update that in the Additional Relief column it will say 'RETDIS' against some premises
Revenues confirm this is Retail Discount abbreviated and it indicates those premises in receipt of Expanded Retail discount
|Sections 16,21 and 22 of Act|
For the period beginning 25 March 2020 and ending 24 April 2020:
1) The number of prohibition notices the council issued to enforce regulations 4(1), 4(4) and 5(1) of the Health Protection (Coronavirus Restriction) (England) Regulations 2020
2. The number of fixed penalty notices the council issued to enforce regulations 4(1), 4(4) and 5(1) of the Health Protection (Coronavirus Restriction) (England) Regulations 2020
3. The number of premises the council closed to enforce regulations 4(1), 4(4) and 5(1) of the Health Protection (Coronavirus Restriction) (England) Regulations 2020
4. The number of prosecutions the council has brought to enforce regulations 4(1), 4(4) and 5(1) of the Health Protection (Coronavirus Restriction) (England) Regulations 2020