See answers to previous information requests

In September 2023 a matter was raised of illegal damage to TPO trees with the council's planning team and landscape teams (Suraj Phandey). I understand that despite numerous emails and conversations, this matter has not been resolved. The council requested the individual that damaged the trees to commission a tree survey to detail the extent of the damage.

1. Under the freedom of information act, I would like to request a copy of this report and all communication between the council and the individual that damaged the trees, combined with any internal emails on this matter.

Freedom of Information requests are a response to the wide world, and regardless of who submits the request should receive the same information. Responses are also published and available for the public to access on the Councils website under our disclosure log.

When referrals, complaints or communication are received by the Council, there may be instances that they require investigation. As potential damage to a TPO tree, it would mean that this need to be investigated appropriately and consideration as to whether any legal action would be required. Therefore there will be information that the Council holds which we will not be able to release under Freedom of Information Act and exemptions will be applicable. Section 30, Investigations and proceedings will be applicable to some of the information that has been obtained around the damage to the TPO tree and we are unable to divulge details as we have a duty to investigate offences and then take the relevant action. Releasing information into the public domain could hamper those investigations and potential legal action that may result out of the investigations. There would be other lawful routes where the information could be obtained should an individual need to defend themselves from any said allegation.

The copy of the tree report would be part of the investigation to understand what has occurred, however it also was not something that the Council produced. This was provided to us in confidence by the individual and there is a cost associated with them producing the report. Other individuals could also request for professionals to undertake the work necessary for a tree report. Therefore Section 41 (Information supplied in confidence), Section 43 (Commercially sensitive) and Section 21 (information accessible to the applicant by other means) are applicable as this could be paid for to complete a report of their own and those professionals would not be losing out on their work being put into the public domain for free.

Communications made with the individual involved and the Council over this matter are made with the reasonable understanding that they would be discussed between the affected parties. When individuals communicate there is a reasonable expectation that those communications are not published into the public domain. Even if we were to remove the names and contact details of the associated parties this could still impact on any potential action that is taken. Therefore, Section 40 (personal information), along with Section 30 would be applicable where that information should not be released into the public domain.

Information is being released that we believe would not impact upon the investigation and potential actions. This would be internal communication.