Disclosure Log - May 2020
For each of the following points in time:
2. What was the total sum owed in arrears?
3. How many of those tenants were Universal Credit claimants?
4. What was the total THEY owed?
5. How does the Council plan to cover the current shortfall in rent owed in arrears?
6. When was Universal Credit rolled out in the authority’s area?
1. Now = unable to report
2. Now = unable to report
3. The Housing team are unable to report on this as it was not introduced until July 2018, as this is only Temporary Accommodation housing payments received via Housing Benefit, not Universal Credit. The Council no longer has a Housing Stock as this was transferred onto North Devon Homes Ltd in February 2000. A large percentage of the debt is from shortfall in Bed & Breakfast contributions, our self-contained Temporary Accommodation will be covered in full by Housing Benefit unless applicant is in full time work or has a large amount of savings
The year on year increases are also due to historic debts rolling into the next financial year. The Housing team plans into its yearly financial planning a percentage of rental loss compared to the previous year shortfall
4. As 3 above
5. Discretionary Housing Payment
6. 4 July 2018
For all queries, these numbers for the past 10 years, broken down by year: 2008/09, 2009/10, 2010/11, 2011/12, 2012/13, 2013/14, 2014/15, 2015/16, 2016/17, 2017/18, 2018/19 and the latest figures you have for 2019/20 at the time of receipt of this request, relating to offers of accommodation to statutorily homeless (in accordance with the Housing Act 1996)
1. The destination of households who have secured alternative accommodation at the end of the prevention duty.
* By "prevention duty", I am referring to Section 195 of the 1996 Act – the ‘prevention duty’ – which places a duty on housing authorities to work with people who are threatened with homelessness within 56 days to help prevent them from becoming homelessness.
* By "destination," I am asking for the name of the borough the household secured accommodation in.
* I have used the term "households", rather than "individuals," in line with how the government's terminology in its statistical output relating to out of borough placements (see https://www.gov.uk/government/statistical-data-sets/live-tables-on-homelessness#statutory-homelessness-live-tables. Table TA1, column "In TA in another local authority district"
2. Location of interim accommodation offers for households who have been owed a relief duty
* By "interim accommodation" I am referring to section 188 of the Housing Act 1996. (http://www.legislation.gov.uk/ukpga/1996/52/section/188)
* By "relief duty" and I am referring to Section 189B of the 1996 Act – which requires housing authorities to help people who are homeless to secure accommodation.
3. Destination of households who have secured accommodation at the end of the relief duty
4. Location of temporary accommodation offers for households who have been owed a main duty
* By "main duty," I am referring to section 193(2), namely the duty to secure accommodation for applicants who are homeless, eligible for assistance, have priority need and are not intentionally homeless.
5. Location of final offers for households who have been owed a main duty
6. The number of households from outside the borough (those owed a relief duty, a main duty and those at the end of prevention duty) who have secured alternative accommodation, interim accommodation or temporary accommodation in your borough. Please provide the name of the council that has secured these households accommodation.
* As you will know, there is a requirement on local authorities to notify the ‘receiving’ authority when they place a homeless household in temporary accommodation outside of the borough is a statutory duty under section 208(2) of the Housing Act 1996: "Where a housing authority places an applicant in accommodation outside the district under any part of the Act, section 208(2) requires them to notify the authority in whose district the accommodation is situated of the placement. The notification requirement applies to all out of district placements and not just those arranged under interim accommodation duties or the section 193(2) main housing duty."
Applicant provided with the following response for the years 2018/19 and 2019/20. Due to a change of computer system used by the Housing team, data is no longer held prior to 2018/19:
1. 2018/19 – North Devon (NDC), Torridge (TDC) Exeter (EDC)
2. 2018/19 – NDC, TDC, Cornwall (CDC)
3. 2018/19 - NDC, TDC, EDC, Cardiff, West Lancashire
4. 2018/19 – NDC, TDC
5. 2018/19 – NDC, TDC, Plymouth
6. 2018/19 – 10 TDC/MDC
These figure relates to those households placed in Temporary Accommodation
The Council Tax (Administration and Enforcement) Regulations 1992 (the "Regulations") confer a duty on the billing authority to exercise discretion under regulation 34(1) when deciding whether to institute a complaint to the Magistrates' court to enforce payment
Regulation 34(1) as amended by Regulation 15 of SI 1992/3008 states, with the relevant part emphasised, as follows:
"If an amount which has fallen due under paragraph (3) or (4) of regulation 23 (including those paragraphs as applied as mentioned in regulation 28A(2)) is wholly or partly unpaid, or (in a case where a final notice is required under regulation 33) the amount stated in the final notice is wholly or partly unpaid at the expiry of the period of 7 days beginning with the day on which the notice was issued, THE BILLING AUTHORITY MAY, in accordance with paragraph (2), apply to a magistrates' court for an order against the person by whom it is payable."
Regulation 34(2) states as follows:
"The application is to be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to that person to appear before the court to show why he has not paid the sum which is outstanding."
The following are examples (but by no means exhaustive) of what are reasonable factors a recovery officer should take into account in exercising discretion to institute a complaint to the Magistrates court under paragraph (2) of regulation 34 of the Regulations:
1. the level of debt outstanding
2. any payments made subsequent to the full amount becoming due and time remaining of the financial year
3. are circumstances indicative of the debt being settled without resorting to enforcement
4. consider if enforcing the debt would unnecessarily subject the taxpayer to additional costs etc. and therefore amount to a penalty (see 3 above)
5. ensure monies have been prioritised to maintaining the in-year debt
6. allocate to the in-year any monies posted to arrears (or sufficient of it) that would if it had not been misallocated prevented the in-year liability also falling in arrears (see 5 above)
7. check for benefit claims or appeals already in the system and refrain from taking enforcement action where such genuine cases are unresolved
Q1. Does North Devon Council exercise discretion before proceeding under regulation 34(2) of the Council Tax (Administration and Enforcement) Regulations 1992 to request a summons from a justice of the peace (it may be an automated process)?
Q2. If yes to (1) what factors are taken into consideration?
2. 1. the level of debt outstanding 2. any payments made subsequent to the full amount becoming due and time remaining of the financial year 3. are circumstances indicative of the debt being settled without resorting to enforcement 4. allocate to the in-year any monies posted to arrears (or sufficient of it) that would if it had not been misallocated prevented the in-year liability also falling in arrears (see 5 above)
1. The total cost of all bottled water purchased in years a) 2018/19 and b) 2019/20
When I refer to bottled water I mean any bottled water whatsoever, no matter what the size, be it 250ml or less or 18.6L or more, or anywhere in between
2018/19 = £1,505.25
Unfortunately, the Council does not record the amount of water purchased for the years request in a way that is easily identified. However, the responding officer has contacted their water supplier, and they confirm that between 8 May 2018 and 4 May 2020, they have purchased 4,693 litres of water. Unfortunately they are also unable to break this down into the requested years as above as they remote working and do not have full access to resources that they would normally have in order to answer the enquiry
|7124||04.05.20||CON29 information relating to a property in EX18 7AZ||Applicant provided with the information, where held and also directed to the Council’s website for some of the information||None|
1. Whether the local authority has closed any public spaces or rights of way in response to the lockdown (for example, beach or beauty spots, carparks near beach or beauty spots, footpaths, public parks). Please state the public space that was closed and the reasons for closure
2. Whether the authority has issued fines for Public Spaces Protection Orders (PSPOs) since 23 March, to enforce the lockdown (for example, enforcing PSPOs against standing in groups, or using PSPO dispersal powers). Please give the number of PSPO fines issued and the offences for which they were issued; and the number of any dispersal orders issued
3. Whether any CPNs have been issued since 23 March (for example, requiring someone to stay in their property). Please give the number and nature of CPNs issued, if possible including the CPN text
4. Whether local authority officers are patrolling to enforce lockdown measures contained in the ‘Health Protection (Coronavirus, Restrictions) Regulations 2020’ or the ‘Coronavirus Act’. Please give the number and nature of local authority officers patrolling (for example, street wardens); and details of any fines/interventions
5. If the local authority has empowered any private security companies to enforce during the lockdown, for example to fine people for PSPO violations. Please state the company involved and whether any fines have been issued by this company
1. The Council has not closed any parks or open spaces. The Council has closed play areas including Skate parks/BMX tracks, but very few of these were physically locked. Signed were placed advising that they are closed. There was restricted access to the Council’s two cemeteries, only allowing pedestrian access; however these are both now fully re-opened. No car parks have been closed. The Council’s Civil Enforcement Officers are not enforcing these car parks at present
2. The Council has not issued any fines for Public Spaces Protection Orders since 23 March 2020 to date
3. That the Council has not issued any Community Protection Notices since 23 March to date
4. Four Environmental Health Officers patrolled campsites in the Council’s area on Easter Saturday, however no individuals were spoken to or asked to return home
5. No, the Council has not used any private security companies during the lockdown to date
1. Documents that outline the council’s carbon strategy, including any strategy for using carbon offsets to meet carbon targets
2. Details of all projects that carbon offset payments have been made towards by the council since 2015, including who is running those projects, what is being done with the money in the projects, the value of payments made by the council, and over what period money is to be paid
3. Details of any offset fund that has been established by the local planning authority to meet carbon targets for building developments. Including: what the offsetting projects in the fund are and who is running them; how you determine offset carbon savings in projects match the carbon emitted in the development; and how it is determined whether offsetting projects are additional to projects that might already exist
4. A list of the major developments in the area under the council’s jurisdiction since 2015 that have involved the purchase of carbon offsets in order to meet the council’s climate targets, whether from offset funds or individual offsetting projects. Please include developments still in the planning stages where the purchase is only anticipated
5. Details of the environmental strategy for the developments covered by part 4, including whether money is being paid to a council offsetting fund or to individual offsetting projects, how much is being paid and how that price has been determined, and what the projects are/who runs them if they are separate to a council offsetting fund
|1. The Council does not have a carbon strategy
1.A list of all (or as many major ones that are accessible under compliance limits) tree planting projects that have happened in the area under your jurisdiction since 2015 and any that are planned for the future, which have been acknowledged by the council in official correspondences, strategy documentation or press releases in relation to the council’s carbon reduction strategy
2.Copies of the official correspondences, strategy documentation or press releases covered by part 1
3.A copy of any planning and strategy documents for the projects covered by part 1, which includes details of who is carrying out a project, how much it costs, where it is taking place and the reasons behind it taking place
4.Details of any tree-planting projects covered by part 1 that is specifically being used in a carbon offsetting project by the council, where the carbon absorption of trees is being matched with emission of carbon elsewhere
5.Details of any schemes that are in place to ensure the protection of the tree planting projects covered by part 1 - including any guarantees against the risk of them being chopped down, and any guarantees about their being replaced should they die
1. There have been no major tree planting projects since 2015 to date; however the Council does have one project planned in North Devon subject to the acquisition of some land that is currently in progress. Due to current events regarding COVID-19, we do not have a timescale as to when the acquisition will be completed
2. Applicant provided with a copy of a press release (available upon request)
3. The Council does not hold any specific planning and strategy documents regarding this proposed major tree planting project as it is subject to the acquisition of the appropriate land
4. Applicant referred to the press release which sets out the purpose for of the major tree planning project, once the acquisition has been completed
5. There are no schemes currently in place as there have been no major tree planning projects since 2015 to date
For the following information generated between 1 October 2019 and the present day:
1. During the aforementioned period did Damien Hirst or anyone specifically acting on his behalf write to the council about the public art work/statue known as Verity. This correspondence and communication will include but not be limited to communications about the impact and popularity of the art work, communications relating to any complaints about the art work as well as communications relating to its location, upkeep, maintenance and its future. I am interested in receiving all correspondence and communications about 'Verity' irrespective of what they relate to
2. If the answer to question one is yes can you please provide copies of this correspondence and communication including any emails
3. During the aforementioned period did the council write to Damien Hirst or anyone specifically acting on his behalf about the public art work/statute known as Verity. As with question one I am interested in receiving all correspondence and communications about 'Verity' irrespective of what they relate to
4. If the answer to question three is yes can you please provide copies of this correspondence and communication including emails
1. The Council holds no information within the remit of this part of the request
4. Applicant provided with email correspondence (in PDF format) between the Harbourmaster at Ilfracombe Harbour and Science Ltd which fall within the remit of this part of the request, with personal data redacted throughout, which is available upon request
|Section 40 of Act|
1. Was the Council consulted when (Name redacted) made plans to sign the confidentiality agreement and to allow the Rapparee Cove remains to be tested by a foreign lab as part of the filming of a documentary? And what were the financial terms and other terms of the confidentiality and testing agreement?
2. Do any licences or protocols govern testing on the Rapparee Cove remains (such as a Home Office licence, or the "Guidance for the Care of Human Remains in Museums" in the Museum of Barnstaple & North Devon Research Policy Document), and did these licences or protocols govern the recent testing on the Rapparee Cove remains?
3. Given the confidentiality agreement cited by (Name redacted), are there any steps the Council is prepared to take to obtain information on the terms of the testing agreement (including financial), the lab, the tests, and the source of funding as they apply to the Rapparee Cove remains, and to make this information public?
4. When were the most recent tests carried out on the Rapparee Cove Remains?; Which lab conducted the tests and under which lead scientist?; What specific tests were carried out?; What were the findings of these tests?; Who funded the testing?; What financial benefits accrue to (Name redacted), or to the North Devon Museum, or to other parties based on the testing that recently took place on the Rapparee Cove remains?
1. There is no written record of the Council being consulted when (name redacted) made plans to sign the confidentiality agreement, nor does it hold any documented record concerning the financial or other terms of the confidentiality and testing agreement
2. This question has already been answered within the e-mail responses that the Council’s Museum Manager provided direct when the applicant first made their enquiry. However, for completeness, The Council reiterates that the remains have not been formally accessioned into the Museum but instead held in the expectation of reburial once (Name redacted) research has been completed
The Museum Manager confirms that a copy of the Council’s Research policy has already been supplied to the applicant. In this case, should another researcher wish to carry out tests then the Council would need to raise this directly with (Name Redacted). It is not common practice for excavators to hand over material until their work is completed as they would retain some intellectual priority over any reports. As previously advised, (Name Redacted) arranged for the Home Office licence, the Council did not have any involvement in this and so it is unable to provide you with any further information regarding it
3. The Council is waiting to receive (Name Redacted) final report on the remains which is expected in due course however this is likely to be delayed due to current events (COVID-19)
The Council would expect it to be made public through normal channels, for example by uploading to the Archaeology Data Service grey literature portal and by including a reference within the Devon County Council Historic Environment Record
4. The Museum Manager confirms that there is no written record held by the Council that identifies when the most recent tests were carried out, nor does it hold any record which identifies which lab carried out the tests, who the lead scientist was, what specific tests were carried out or their findings. Further to this, there is no written record of any funding details, what financial benefits accrue to (Name Redacted) or any other parties. The Council has not received any financial benefits associated with this matter
|7136||06.05.20||A list of Alcohol licensed premises and their current premises license holders in borough in excel or csv file||Applicant provided with the information requested, but not in the requested format. The Licensing team are unable to provide the requested in any other format other than PDF, information available upon request||None|
Permanent premise licences permitted to sell or supply alcohol by licensable activity:
The number of:
• Pubs and Bars
which had permanent premise licences permitted to sell or supply alcohol by licensable activity in 2017, 2018, 2019. Along with and how many of those premises have a late-night licence, separated into each year please and each premises
|Information provided to the applicant in Excel format for each of the requested years, which is available upon request||None|
• The name and address of each business that has received funds from North Devon District Council under both the Small Business Grants Fund and the Retail, Hospitality and Leisure Business Grants Fund
• The amount paid to each of those businesses from those two funds
• The date on which payments were made
Revenues team confirms that their reporting system is unable to provide all of the requested information, only the account number and ratepayer name can be generated from the system into a spreadsheet and so it does not include the address or the date that payment was made. In order to be able to supply this, it would require the responding officer within Revenues to manually look up the details for 2,856 accounts and enter the require information into a spreadsheet. The responding officer confirms that this would take approximately five minutes per account and so in total, it would take approximately 238 hours to provide the requested information which would exceed the 18 hour limit under Section 12 of the Act
The number of grants paid up to 10 May 2020 is as follows:
Small Business Grants Fund 10k = 2,275
Retail, Hospitality and Leisure Business Grants Fund 10k = 294
Retail, Hospitality and Leisure Business Grants Fund 25k = 287
Total Paid = 2,856
Information on the number of eligible grants and grants paid for all local authorities is published every week on the gov.uk website:
|Section 12 of Act|
1. How many desktop users do you have in your organisation that have a PC/laptop?
2. What Microsoft products and versions do you currently licence for your desktop
3. What Microsoft Server products and versions do you currently have licensed? For
4. Do you use Microsoft Azure, Amazon Web Services or another cloud provider to host
5. If so, what is the expiry/anniversary date for your current/most recent Microsoft
6. When will you next review your IT estate including desktops and servers?
7. What is the name, telephone number and contact email address of your Head of IT,
1. 403 total users; 189 PC and Laptop users
2. As follows:
CoreCALBridgeO365 ALNG SubsVL MVL Pltfrm PerUsr = 403
EntMobandSecE3 Shared Alng MonthlySub
O365E3 ShrdSvr ALNG SubsVL MVL PerUsr = 34
O365E3FromSA ShrdSvr ALNG SubsVL MVL PerUsr = 369
WinE3 ALNG SubsVL MVL Pltfrm PerUsr =189
WINVDAE3 ALNG SubsVL MVL Pltfrm PerUsr = 214
Prjct Std ALNG LicSAPk MVL = 6
SfB Plus CAL ShrdSvr ALNG SubsVL MVL PerUsr = 1
VisioPro ALNG LicSAPk MVL = 6
VSProSubMSDN ALNG LicSAPk MVL = 3
3. As follows:
ExchgSvrStd ALNG LicSAPk MVL = 1
WinRmtDsktpSrvcsCAL ALNG LicSAPk MVL DvcCAL = 1
WinRmtDsktpSrvcsCAL ALNG SubsVL MVL PerUsr = 20
WinSvrDCCore ALNG LicSAPk MVL 16Lic CoreLic = 2
WinSvrDCCore ALNG LicSAPk MVL 2Lic CoreLic = 56
WinSvrSTDCore ALNG LicSAPk MVL 16Lic CoreLic = 18
6. Reviewed annually, desktop replace in 4/5 years
7. Nina Lake, Business Information Systems Manager (Head of IT and CIO), 01271 388243
The Council does not have a Head of Procurement; please refer to the following link on the Council’s website:
CON29 information relating to a property in EX16 8EA
Applicant provided with the information, where held and also directed to the Council’s website for some of the information
CON29 information relating to a property in EX31 3AP
Applicant provided with the information, where held and also directed to the Council’s website for some of the information
For all Asset of Community Value (Community Right to Bid) nominations the council has received since 2012 I request the following information:
For each property where a compensation claim has been filed against the council as is the owners right under The Localism Act 2011, Part 5, Chapter 3, Section 99. I request a copy of all documents associated with that claim (initial claim documents & if applicable internal review & first tier tribunal documents) including but not limited to the following points :
*The result of the compensation claim
|For the requested period, the Council has not received or processed any compensation claims under The Localism Act 2011, Part 5, Chapter 3, Section 99; therefore the Council does not hold any applicable information in relation to the request||None|
|7148||27.05.20||CON29 information relating to a property in EX31 3QN||None|
1. How much funding to develop their Phase 2 proposal North Devon District Council has received under the Future High Streets Fund so far
2. In total, how much the council has already spent on developing their Phase 2 proposal, including:
1. How much of this funding came from its local budget
2. How much of this funding came from bonds, treasury or commercial loans, or any other form of local authority borrowing
3. How much of this funding came from private sector sources, including contributions, loans, co-financing or co-funding partnerships
3. A breakdown of the expenditure for the development of the council’s proposal, including amounts spent on staffing, travel, IT development, external consultants, and any other expenditures
2. 1. None
3. As follows:
Room Hire plus refreshment = £245.25
Travel = £303.00
Management Consultancy Fee = £54,600.00
Architect Consultancy Fee = £39,130.00
Commercial Property Consultancy Fee = £20,000.00
Property Consultancy = £2,000.00
Survey Consultancy = £1,230.00
TOTAL = £117,508.25
|7151||20.05.20||The names of every Indian and Bangladeshi restaurants which are registered with the council as of 12.05.2020||Chulmleigh Tandoori, Cooper House, Fore Street, Chulmleigh, Devon, EX18 7BR
Royal Asia, North Street, Braunton, Devon, EX33 1AJ
Moghul Brasserie, 57 Vicarage Street, Barnstaple, Devon, EX32 7BT
The Ganges Restaurant, 87 Newport Road, Barnstaple, Devon, EX32 9BE
Tandoori Nights, 13-14 High Street, Ilfracombe, Devon, EX34 9DF
A full and up to date list of business/charities that have become liable for business rates, on and between the 15 April – 19 May 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 July 2020
|Sections 16, 21 and 22 of Act|
|7162||29.05.20||Details of vacant/long term empty
homes and commercial properties/ Commercial Land, to be used for the purposes of securing for sale deals for property investment, seeking to invest in Homes, Commercial Sites and or Land
Information refused as its disclosure would, or would be likely to prejudice the prevention or detection of crime and would be likely to, prejudice the commercial interests of any person
Applicant directed to the Council’s website where a list of empty Non-Domestic Rate properties is published on a quarterly basis:
|Sections 16, 21, 22, 31(1)(a) and 43(2) of Act|