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Article 4 Direction - Planning

Requested on
Thu 3rd July, 2014
Reference
FOI 4624
Resolution
Information provided

Question

This Freedom of Information request is made in reference to specific Article 4 Directions made by Local Authorities under section 6 of the Town and Country Planning (General Permitted Development) Order (as amended) and the Use Classes Order 1987 (as amended);
Request:
Please supply the following details in respect of Article 4 Directions (Class I(b) of Part 3 of Schedule 2) removing the permitted development right consisting of a change of use of a building to a use falling within Class C4 (House in Multiple Occupation) of the Schedule to the Town and Country Planning (Use Classes) order 1987 from a use falling within Class C3 (dwellinghouses) of that Schedule;
1. Copies of any Article 4 Direction made or proposed in respect of removing the permitted development rights consisting of a change of use of a building to a use falling within Class C4 (House in Multiple Occupation) of the Schedule to the Town and Country Planning (Use Classes) order 1987, from a use falling within Class C3 (dwellinghouses) of that Schedule which otherwise would be possible under Class I(b) of Part 3 of Schedule 2 of The Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2010).
2. Copies of all Council reports (Committee, Cabinet or otherwise) associated with the above Article 4 Direction(s) made or proposed.

3. Copies of all responses, objections or support received in respect of any consultations undertaken associated with the above Article 4 Direction(s) made or proposed.

4. If no such Article 4 Direction(s) as above has been made or proposed, please confirm this.

Answer

1. Copies of any Article 4 Direction made or proposed in respect of removing the permitted development rights consisting of a change of use of a building to a use falling within Class C4 (House in Multiple Occupation) of the Schedule to the Town and Country Planning (Use Classes) order 1987, from a use falling within Class C3 (dwellinghouses) of that Schedule which otherwise would be possible under Class I(b) of Part 3 of Schedule 2 of The Town and Country Planning (General Permitted Development) (Amendment) (No.2) (England) Order 2010).
 
A Copy of direction can be found here https://www.charnwood.gov.uk/pages/hmo
 
2. Copies of all Council reports (Committee, Cabinet or otherwise) associated with the above Article 4 Direction(s) made or proposed.
 
A copy of the Cabinet report that confirms the direction can be found here https://www.charnwood.gov.uk/pages/hmo
 
A copy of cabinet report justifying introducing direction can be found here; https://www.charnwood.gov.uk/files/papers/cab_20_jan_2011_item_10_article_4_direction_houses_in_multiple_occupation_in_loughborough/Cab%2020%20Jan%202011%20Item%2010%20Article%204%20Direction%20Houses%20in%20Multiple%20Occupation%20in%20Loughborough.pdf
 
 Reports for the Managing Student Occupancy Scrutiny panel can be found here https://www.charnwood.gov.uk/committees/managing_student_occupancy_scrutiny_panel?paper_q=&paper_classification=&paper_startDate=&go=Search&page=2
 
3.  Copies of all responses, objections or support received in respect of any consultations undertaken associated with the above Article 4 Direction(s) made or proposed.
This information is exempt under section 40 of the Freedom of Information Act. 
The information you requested contains personal information about the individuals who engaged with the Council’s consultation and is therefore covered by the terms of the Data Protections Act.  In considering whether it is compatible with that Act to provide you with the information you requested the Council must ensure that disclosure does not breach any of the eight data protection principles set out in that Act.  If disclosure would breach one or more of the data protection principles then the information is exempt from disclosure under the Freedom of Information Act.  The first principle is that the processing of personal data should be carried out fairly and lawfully. 
Guidance from the Information Commissioner states that the factors which the Council should consider in deciding whether the disclosure of third party personal information complies with the first data protection principle or not are:
• Would the disclosure cause unnecessary or unjustified distress or damage to the person who the information is about?
• Would the third party expect that his or her information might be disclosed to others? Is disclosure incompatible with the purposes for which it was obtained?
• Had the person been led to believe that his or her information would be kept secret?
• Has the third party expressly refused consent to disclosure of the information?
• Does the legitimate interest of a member of the public seeking information about a public authority, including personal information, outweigh the rights, freedoms and legitimate interests of the data subject?
In the Council’s view the first 3 factors would weigh in favour of not disclosing the information and whilst the last point could weigh in favour of disclosure, it does not outweigh the objections to disclosure.  The Council therefore considers that providing you with the information you have requested would breach the first data protection principle and that the information you requested is, therefore, exempt from disclosure under section 40 of the Freedom of Information Act.

4. If no such Article 4 Direction(s) as above has been made or proposed, please confirm this.
N/A

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