Statutory Notices Flooding and Coastal Erosion

Can you provide an up-to-date list of all Outstanding Notices in relation to Highways & Floods within Lincolnshire?







Q3.7 - Do any statutory notices which relate to the following matters subsist in relation to any property other than those revealed in a response to any other enquiry in this Schedule:-


e - Highways


g - Flood and Coastal erosion risk management


This for all notices which are funresolved / still subsiting that would be revealed on a Con29 search.

Response:

I can confirm that the information requested is held by Lincolnshire County Council. I have detailed below the information that is being released to you. 

Clarification

This is for all notices which are unresolved / still subsisting that would be revealed on a Con29 search.

Response

We are responding in accordance with the Environmental Information Regulations (EIR). Section 39 of the Freedom of Information Act (FOIA) permits that we refuse information under FOIA where it is environmental information. We confirm that we hold information in scope of your request.

We have decided that we should not provide an up-to-date list of outstanding statutory notices. This is because the Council produces this information with a charge. To put the information into the public domain would undermine the Council’s charging process and allow other organisations to use it for their own purposes, where they also charge. The information is that which we would usually produce at cost, for requests where it is required for conveyancing purposes.

EIR explains that the authority shall make information available, unless it is already publicly available and easily accessible to the applicant in another form or format. It also explains, where the authority notifies an applicant that payment is required, the authority is not required to make available the information requested. It continues to explain that a public authority shall publish and make available to the applicant a schedule of its charges.

The information that is requested which is normally revealed on a CON29 search is available by application to our Searches section. Further information is here

https://www.lincolnshire.gov.uk/planning/land-charge-searches/1

It also shows a charges schedule and how to apply.

The ICO suggests the authority is entitled to apply commercial charges where a reasonable amount would not exceed the cost of making the information available, except where an authority is permitted to make a commercial charge for information.

Regulation 9 EIR requires that we provide advice and assistance. We have provided information above which explains how to access the information. We can also advise that some notices are published on ‘The Gazette’, the official public record. This concludes our response.

If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original letter and should be addressed to:

Lincolnshire County Council, Customer Information Service, County Offices, Newland, Lincoln, LN1 1YL or emailed to customerinformationservice@icasework.lincolnshire.gov.uk

If you are still dissatisfied with the Council’s response after the internal review you have a right of appeal to the Information Commissioner at: The Information Commissioner's Office Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, www.ico.org.uk