FOI Planning Application (0846-2023/24)

Request
Q1. In respect of the Planning Application for 2 Winton Road submitted to North Yorkshire Council on 5th June 2023 any written information prior to that submission that identified the existence of a covenant placed on the property restricting use to domestic dwelling purposes only. 

Q2. In respect of the Planning Application for 2 Winton Road submitted on 5th June 2023 that was subsequently withdrawn any written information that determined the notification to the Council of the withdrawal of that application.

Extent and Result of Searches to Locate Information
To locate the information relevant to your request searches were conducted within North Yorkshire Police. I can confirm that some of the information you have requested is held by North Yorkshire Police. 

Decision
I have today decided to disclose some of the located information to you.

Q1. There is no recorded information held by North Yorkshire Police in respect of Q1.

Q2. North Yorkshire Police became aware of the restrictive covenant during the planning application process. A decision was then made to withdraw the application.  Recorded information held in relation to this matter is exempt pursusant to Section 42(1) – Legal Professional Privilege. 

Section 42(1) – Legal Professional Privilege
Section 42 is a qualified, class based exemption, which requires a public interest test, but there is no obligation to evidence harm. 

Explanation of Exemptions
Section 17 of the Act requires North Yorkshire Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies. Please see the exemption explanations below.

Public Interest Test for 42(1)

Reasons for Disclosure
There is a public interest in the transparency of decisions made by the Police Force, and ensuring that decisions are made based on sound legal guidance.

Reasons against Disclosure
Publishing any held advice offered by a lawyer would undermine the relationship between legal advisor and client. Should the confidential relationship between a lawyer and client be compromised it could affect the quality of future decision-making.

Balancing Test
Whilst there is a public interest in the transparency of policing partnerships and any decision making made by the Force, there is also the necessity to maintain such releationships, especially where legal advice is required.  It is for these reasons that, after considering the reasons for and against disclosure, it is my opinionthat the reasons for non-disclosure outweigh the reasons for disclosure.

Pursuant to Section 17(1) of the Act this letter acts as a Refusal Notice in response to your request.

Please note that systems used for recording information are not generic, nor are the procedures used locally in capturing the data.  It should be noted therefore that this force’s response to your questions should not be used for comparison purposes with any other responses you may receive.