Planning , Advertising consent , freedom of information requests

Coupon-mad

So they've swept it under the carpet. Happens a lot I'm afraid.

Ralph-y

just reading up on how to complain / appeal ......

Ralph-y

So ... not that I expect much ... but a request for an internal appeal has gone in .

Church asks about planning for a car park and the council deem it ' commercially sensitive' WHF

daveyjp

Trying to join a few dots and fill gaps.

Church has installed ANPR and signage without consent
Complaint made
Planning enforcement action started - usually a letter
Church contact council for pre application advice
Church working on planning application

Planning application will go through the public process so I'm not sure what an FOI will reveal that is useful.

If no application is received and the ANPR/signs are still in place you can continue to raise it with the enforcement team

Ralph-y

Church has installed ANPR and signage without consent     ........ yes

Complaint made ........... yes by me

Planning enforcement action started - usually a letter .............. nope planning dept said no action

Church contact council for pre application advice ............... they planning dept said that the church asked prior to  had prior to CEL installing camera/pole / signs

Church working on planning application .................. I am lead to believe so by the planning dept

Planning application will go through the public process so I'm not sure what an FOI will reveal that is useful. .............. I was after what had been said / written and by whom  during the whole period

If no application is received and the ANPR/signs are still in place you can continue to raise it with the enforcement team .......... that is what ( I hoped) the request for a planning dept internal would do

Ralph-y

Dear Mr. ,

Thank you for your request for an internal review of the Council’s response to your Freedom of Information request (FOI 2024/727), received on 4 June 2025. This review has been conducted by an officer who was not involved in the original handling of your request, in accordance with the Council’s internal review procedures and the guidance issued by the Information Commissioner’s Office (ICO).  In conducting this review, I have considered the original FOI request and the Council’s response, the grounds you have raised in your internal review request, particularly your concerns regarding the interpretation of advertisement consent legislation, and whether the Council complied with its obligations under the Freedom of Information Act 2000.

 

The Council’s response was issued within the statutory timeframe and addressed the questions raised in your original request. The information provided was accurate to the best of the Council’s knowledge at the time of response. It is noted that your concerns relate primarily to the interpretation and enforcement of planning legislation, rather than the withholding of recorded information. As such, these matters fall outside the scope of the FOI Act, which does not require public authorities to create new explanations or legal interpretations.

 

While your interpretation of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 is noted, the Council maintains that express consent is required for certain types of signage, but the legislation does not prohibit consent from being granted after a sign has been erected. What is not permitted is the retrospective legalisation of a past offence; however, consent may still be granted going forward. Enforcement is a discretionary matter, and not every breach results in prosecution. Officers are expected to apply the law proportionately, considering public interest, amenity, and safety. In this context, the Council’s officers acted within the scope of their professional judgment and legal discretion.

 

Following a full review, I am satisfied that the original response complied with the requirements of the Freedom of Information Act 2000. No further information is held beyond what was already provided, and the Council’s handling of the request was appropriate. If you remain dissatisfied, you have the right to refer this matter to the Information Commissioner’s Office (ICO). Details of how to do so can be found at: https://ico.org.uk

 

Regards,

so onwards with next step