Appeal Number: EA/2005/009
Determined on papers
On 14 December 2005
Decision Promulgated 16 December 2005
The appeal is dismissed.
The request, the response, and the Information Commissioner's decision
(1) Mr Groves, the Council's Development Control Manager, wrote to him on 23 March 2004, stating that he was waiting for the Section 278 agreement to be engrossed.
(2) Mr Lobb, the Leader of the Council, wrote to him on 28 July 2004 stating: "the Developer has now forwarded an acceptable drawing … This will mean that engrossment of the Section 278 Agreement … can take place".
(3) A County Councillor, Mr G P Hicks, received what he understood to be the approved drawing in November 2004 from Mr Oakes, a development control officer at the Council.
11 In our view it is not necessary to do so. It is common ground that Mr Bustin received the approved plan in late February 2005. It seems to us, therefore, that, irrespective of the Commissioner's factual finding, the only possible conclusion for his decision notice was a conclusion that no remedial action was required.
Signed Date 14.12.05
Andrew Bartlett QC