All correspondence related to P/2025/0783

​​​Request ​833012387

All correspondence both written and electronic between the Planning Department, Planning Officers, the Development Control and Technical Records Department, Drainage DFI specifically in regard to the catchment area of Le Marais a la Cocque (including the culvert) together with all correspondence both written and electronic with Mr Chris Parlett and Mr Jack Livingston in respect of the planning application P/2025/0783 for Sunnylands, La Grande Route des Sablons, Grouville in regard to the catchment area of Le Marais a la Cocque.

Response

Initial searches conducted by the Scheduled Public Authority (SPA), meant that it was estimated that a review of potentially applicable information would take significantly longer than 12.5 hours allowed for Freedom of Information responses in accordance with Regulation 2 (1) of the Freedom of Information (Costs) (Jersey) Regulations 2014. 

A SPA that has been requested to supply information may refuse to supply the information if it estimates that the cost of doing so would exceed an amount determined in the manner prescribed by Regulations, therefore Article 16 applies.

Article applied

16 A scheduled public authority may refuse to supply information if cost excessive

(1) A scheduled public authority that has been requested to supply information may refuse to supply the information if it estimates that the cost of doing so would exceed an amount determined in the manner prescribed by Regulations.[2]

(2) Despite paragraph (1), a scheduled public authority may still supply the information requested on payment to it of a fee determined by the authority in the manner prescribed by Regulations for the purposes of this Article.

(3) Regulations may provide that, in such circumstances as the Regulations prescribe, if two or more requests for information are made to a scheduled public authority –

(a) by one person; or

(b) by different persons who appear to the scheduled public authority to be acting in concert or in pursuance of a campaign,

the estimated cost of complying with any of the requests is to be taken to be the estimated total cost of complying with all of them.​

Internal Review Request

please can we request an internal review in respect of our FOI request 833012387.

Internal Review Response

This internal review has been conducted by an official of appropriate seniority who has not been involved in the original decision. As part of their review, they will be expected to understand the reasons behind the original response, impartially determine whether the response should be revised, and how so, considering the request and the information held, any relevant exemptions, or other relevant matters under the Law.

The Internal Review Panel was asked to review the original response and confirm the following: Does the FOI request relate to a body to which the Law applies, or information held by a body covered by the Law?

If the answer is no, all the other questions are not applicable. Further questions if above is a yes:

i. Was the right information searched for and reviewed?

ii. Was the information supplied appropriately?

iii. Was information appropriately withheld in accordance with the articles applied and were the public interest test/ prejudice test properly applied?

Following discussion, it was agreed by the Panel that the decision was partially upheld.

The internal review process established detailed searches were required notwithstanding there is no obligation on it to do so. On completion of these, the SPA can provide assistance to the requestor to reduce scope.

Further correspondence relating to planning application P/2025/0783 for Sunnylands is now attached. Personal information has been redacted in accordance with Article 25 (Personal Information) of the Freedom of Information (Jersey) Law 2011.

Freedom of Information 833012387 Attachment.pdf​

Articles Applied

Article 16 - A scheduled public authority may refuse to supply information if cost excessive

(1) A scheduled public authority that has been requested to supply information may refuse to supply the information if it estimates that the cost of doing so would exceed an amount determined in the manner prescribed by Regulations.

(2) Despite paragraph (1), a scheduled public authority may still supply the information requested on payment to it of a fee determined by the authority in the manner prescribed by Regulations for the purposes of this Article.

(3) Regulations may provide that, in such circumstances as the Regulations prescribe, if two or more requests for information are made to a scheduled public authority –

(a) by one person; or

(b) by different persons who appear to the scheduled public authority to be acting in concert or in pursuance of a campaign, the estimated cost of complying with any of the requests is to be taken to be the estimated total cost of complying with all of them.

Article 25 - Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2018.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2018; and

(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.​