In order to widen the Access to the Supermarket at Crossley St, Bolton Council have agreed to sell the 'Tree Plot' to the developer. Widening Crossley St, the provision of the mandatory turning head and the as yet unspecified but obviously necessary signage necessarily puts the trees on this plot at risk.
These are not scrubby shrubs as can be seen from the pictures, but mature trees which have had Tree Protection Orders placed on them specifically to prevent development.
I thus submitted a FOI request to Bolton Council in order to discover what the current state of play is.
The FOI request and response so far is as follows:-
From: Paul Richardson 5 July 2012
Dear Bolton Metropolitan Borough Council,This is a request made under the Freedom of Information Act. As
usual it is precisely worded.
This request is to do with the disposal by Bolton Council of land
at Crossley St Little Lever.
This is the land referred to in the Report to the Executive Member
for Strategy and External Relations dated the 28th March 2012 and
titled ‘ Monitoring of Executive Member Decisions’.
The report states that ‘ …the disposal of the site is currently
being advertised in accordance with Sec123(2A) of the Local
Government Act 1972.’
1) Could you provide me with a copy (in whatever form) of the
advertisement referred to and the names of the newspapers and
journals where it appeared and the dates upon which it appeared.
2) Could you provide me with details of any representations or
objections received as a consequence of the advertisement.
3) Could you provide me with the details of the terms of disposal
of this land to show that maximum benefit has been achieved for the
ratepayers of the Borough.
4) Could you provide me with the current status of the Tree
Preservation Orders which apply to trees on that land.
5) Should those TPO’s have been removed, could you provide me with
details of when, on whose authority and by what process this was
carried out.
6) Should it be the case that the disposal of the land has already
been completed and the TPO’s are still extant, since the TPO’s were
placed on the trees in order to prevent development , an appeal
against that decision would have to be lodged in order for the
TPO’s to be rescinded. Could you provide me with details of any
such appeal if it exists.
(I refer you to your reply to my FOI request Ref RFI 600 dated 24th
March 2011)
Yours faithfully,
Paul Richardson
………………………………………………………………………………………………
Response received from Bolton Council
Dear Mr Richardson,
Request for information under the Freedom of Information Act 2000
In response to your request for information, we have contacted the
relevant department and Bolton Council is happy to supply the following
information.
You requested:
Information relating to the disposal by Bolton Council of land at Crossley
St Little Lever:
1. Copy of the advertisement referred to and the names of the
newspapers and journals where it appeared and the dates upon which it
appeared.
The Notices were placed in the Bolton Evening News under the Public
Notices section on 29^th February and 7^th March 2012. Copies of the
Notices are attached.
2. Could you provide me with details of any representations or
objections received as a consequence of the advertisement.
No objections to the intended disposal were received as a consequence of
the Notices.
3. Could you provide me with the details of the terms of disposal of
this land to show that maximum benefit has been achieved for the
ratepayers of the Borough
Bolton Council has considered this part of your request and feels that the
information you requested is exempt from disclosure under the Freedom of
Information Act 2000 (“the Act”). Section 17 of the Act provides that
when refusing a request, Bolton Council must provide 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.
In this case, we consider that the exemption under section 43(2) of the
Act applies. Section 43(2) provides an exemption where the disclosure of
the information under the Act would, or would be likely to, prejudice the
commercial interests of any person (including the public authority holding
it).
As the disposal has not yet been completed, we consider that to release
this information would prejudice Bolton Council’s commercial interests,
therefore making the application of section 43(2) appropriate in this
case.
In accordance with the Act, this email constitutes a refusal notice for
this part of your request.
4. Could you provide me with the current status of the Tree
Preservation Orders which apply to trees on that land
There is a Tree Preservation Order on Lever Street/Ainsworth Road, Little
Lever, which relates to the land on Crossley Street. The Tree Preservation
Order was confirmed 8th May 2009. The reference number is TPO 2009 DC
23.882.
5. Should those TPO’s have been removed, could you provide me with
details of when, on whose authority and by what process this was carried
out.
The Tree Preservation Order relating to the land on Crossley Street,
Little lever is still in force.
6. Should it be the case that the disposal of the land has already
been completed and the TPO’s are still extant, since the TPO’s were placed
on the trees in order to prevent development , an appeal against that
decision would have to be lodged in order for the TPO’s to be rescinded.
Could you provide me with details of any such appeal if it exists.
There were no objections to the Tree Preservation Order received and no
applications have been made to fell or prune the trees.
Request for information under the Freedom of Information Act 2000
In response to your request for information, we have contacted the
relevant department and Bolton Council is happy to supply the following
information.
You requested:
Information relating to the disposal by Bolton Council of land at Crossley
St Little Lever:
1. Copy of the advertisement referred to and the names of the
newspapers and journals where it appeared and the dates upon which it
appeared.
The Notices were placed in the Bolton Evening News under the Public
Notices section on 29^th February and 7^th March 2012. Copies of the
Notices are attached.
2. Could you provide me with details of any representations or
objections received as a consequence of the advertisement.
No objections to the intended disposal were received as a consequence of
the Notices.
3. Could you provide me with the details of the terms of disposal of
this land to show that maximum benefit has been achieved for the
ratepayers of the Borough
Bolton Council has considered this part of your request and feels that the
information you requested is exempt from disclosure under the Freedom of
Information Act 2000 (“the Act”). Section 17 of the Act provides that
when refusing a request, Bolton Council must provide 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.
In this case, we consider that the exemption under section 43(2) of the
Act applies. Section 43(2) provides an exemption where the disclosure of
the information under the Act would, or would be likely to, prejudice the
commercial interests of any person (including the public authority holding
it).
As the disposal has not yet been completed, we consider that to release
this information would prejudice Bolton Council’s commercial interests,
therefore making the application of section 43(2) appropriate in this
case.
In accordance with the Act, this email constitutes a refusal notice for
this part of your request.
4. Could you provide me with the current status of the Tree
Preservation Orders which apply to trees on that land
There is a Tree Preservation Order on Lever Street/Ainsworth Road, Little
Lever, which relates to the land on Crossley Street. The Tree Preservation
Order was confirmed 8th May 2009. The reference number is TPO 2009 DC
23.882.
5. Should those TPO’s have been removed, could you provide me with
details of when, on whose authority and by what process this was carried
out.
The Tree Preservation Order relating to the land on Crossley Street,
Little lever is still in force.
6. Should it be the case that the disposal of the land has already
been completed and the TPO’s are still extant, since the TPO’s were placed
on the trees in order to prevent development , an appeal against that
decision would have to be lodged in order for the TPO’s to be rescinded.
Could you provide me with details of any such appeal if it exists.
There were no objections to the Tree Preservation Order received and no
applications have been made to fell or prune the trees.
………………………………………………………………………………………
I have since requested a copy of the TPO
From: Paul Richardson 18 July 2012
Dear Bolton Metropolitan Borough Council,Thank you for your prompt reply.
To finalise this FOI request could you please in addition to your
reply kindly provide me with a copy of the Tree Preservation Order
you identify relating to this land. ie . The Tree Preservation
Order confirmed 8th May 2009. The reference number is TPO 2009 DC
23.882.
Yours faithfully,
Paul Richardson
