See answers to previous information requests

1. We are requesting a copy of all data, both electronic and paper, held on [redacted] Matthewsgreen Road in relation to environmental (noise) matters not exclusive to, but to include:
a) Copy of all correspondence, letters, warnings and notices
Wokingham Borough Council are applying Section 30 (investigations and proceedings), Section 40 (personal information), and Section 41 (Information provided in confidence) exemptions of the Freedom of Information Act.

We are unable to provide this information as this is subject to an on-going investigation and proceedings. Freedom of Information responses are a response to the whole world, and any individual should be able to submit and receive the same response.

Individuals who complain, raise safeguarding or referrals to the Council have an expectation that this will be done in confidence and that their identity will be protected. Providing details of these individuals to others, or putting them in to the public domain would prevent other individuals from coming forward to raise their concerns for fear of being targeted or harassed by the subject of enquiry.

The individuals involved with this noise complaint will have received the relevant information directly from Service that can be released and will include next steps that are available in the process.

b) Copy of all case notes from any council officers involved with the case including Natasja Donachie, Anne and Chris Long from Enforcement and Safety, not excluding others
Wokingham Borough Council are applying Section 30 (investigations and proceedings), Section 40 (personal information), and Section 41 (Information provided in confidence) exemptions of the Freedom of Information Act.

We are unable to provide this information as this is subject to an on-going investigation and proceedings. Freedom of Information responses are a response to the whole world, and any individual should be able to submit and receive the same response.

Individuals who complain, raise safeguarding or referrals to the Council have an expectation that this will be done in confidence and that their identity will be protected. Providing details of these individuals to others, or putting them in to the public domain would prevent other individuals from coming forward to raise their concerns for fear of being targeted or harassed by the subject of enquiry.

The individuals involved with this noise complaint will have received the relevant information directly from Service that can be released and will include next steps that are available in the process.

c) Copy of internal and external emails regarding cockerel noise, from any other internal department or any other Wokingham Borough Council official
In relation to the above address, Wokingham Borough Council are applying Section 30 (investigations and proceedings), Section 40 (personal information), and Section 41 (Information provided in confidence) exemptions of the Freedom of Information Act.

We are unable to provide this information as this is subject to an on-going investigation and proceedings. Freedom of Information responses are a response to the whole world, and any individual should be able to submit and receive the same response.

Individuals who complain, raise safeguarding or referrals to the Council have an expectation that this will be done in confidence and that their identity will be protected. Providing details of these individuals to others, or putting them in to the public domain would prevent other individuals from coming forward to raise their concerns for fear of being targeted or harassed by the subject of enquiry.

The individuals involved with this noise complaint will have received the relevant information directly from Service that can be released and will include next steps that are available in the process. If this question is to cover any contact about cockerel noise across the borough, then Section 12 (Exceeding the appropriate limit) would be applied as it would exceed 18 hours to locate and retrieve this information.

d) Copy of all complaints received in writing and details of verbal complaints
Wokingham Borough Council are applying Section 40 (personal information), and Section 41 (Information provided in confidence) exemptions of the Freedom of Information Act.

Individuals who complain, raise safeguarding or referrals to the Council have an expectation that this will be done in confidence and that their identity will be protected. Providing details of these individuals to others, or putting them in to the public domain would prevent other individuals from coming forward to raise their concerns for fear of being targeted or harassed by the subject of enquiry.

The individuals involved with this noise complaint will have received the relevant information directly from Service to be able to defend the complaint(s) that have been raised and will include next steps that are available in the process.

e) Number of complaints received both verbal and in writing
Three formal complaints.

f) Number of people complaining and details (what time frame and when)
Three complainants. See below dates.

g) Number of households complaining and details (what time frame and when)
The Council are applying Section 40 to this question. Answering this question along with combining the above answer would allow individuals to be identified given the small cohort of people that it could be in the vicinity of the cockerels.

h) Date that the investigation was first opened
8th September 2022.

i) Date that the investigation was first closed
10th May 2023.

j) Date that the investigation was reopened
21st May 2024.

k) Evidence as to why the investigation was re-opened
The Council have a statutory duty to investigate noise complaints. As already mentioned individuals who complain, raise safeguarding or referrals to the Council have an expectation that this will be done in confidence and that their identity will be protected. Providing details of these individuals to others, or putting them in to the public domain would prevent other individuals from coming forward to raise their concerns for fear of being targeted or harassed by the subject of enquiry. Therefore we would not supply ‘evidence’ around the complaint(s).

l) Evidence of independent investigations, independent noise monitoring, times of day that the noise was deemed excessive, what decibels were reached
Wokingham Borough Council are applying Section 30 (investigations and proceedings), Section 40 (personal information), and Section 41 (Information provided in confidence) exemptions of the Freedom of Information Act.

We are unable to provide this information as this is subject to an on-going investigation and proceedings and in supplying the evidence would allow for the individuals to be identified from that (e.g. handwriting, voices on recordings, addresses for visits, etc). We are able to confirm that evidence was obtained by diary sheets, officer monitoring visits and noise recording equipment.

Freedom of Information responses are a response to the whole world, and any individual should be able to submit and receive the same response. The individuals involved with this noise complaint will have received the relevant information directly from Service that can be released and will include next steps that are available in the process.

m) Copy of the protocol, process or procedure that the department uses to fairly investigate residential noise complaints
Noise complaints are investigated in accordance with the Enviromnental Protection Act 1990 and the Enforcement and Safety Department Enforcement policy (attached).

n) Evidence used in the decision-making process to send the letter dated 28 June 2024
Freedom of Information responses are a response to the whole world, and any individual should be able to submit and receive the same response. Section 40 Personal information is applicable in relation to the letter. As described above, the evidence is unable to be supplied as this would identify individuals – see above details for examples of evidence collection.

o) Details of any conflicts of interest, for example, any relationships within Wokingham Borough Council and any of our neighbours.
Information not held (we do not record conflicts of interest in this manner). While ‘information not held’ would satisfy the question under Freedom of Information legislation the Council will provide the following response; Wokingham Borough Council confirm that there are no conflicts of interest relating to the investigating and actioning of this matter.

p) Copy of any other historical complaints received regarding [redacted] Matthewsgreen Road
Wokingham Borough Council are applying Section 40 (personal information), and Section 41 (Information provided in confidence) exemptions of the Freedom of Information Act.

Individuals who complain, raise safeguarding or referrals to the Council have an expectation that this will be done in confidence and that their identity will be protected. Providing details of these individuals to others, or putting them in to the public domain would prevent other individuals from coming forward to raise their concerns for fear of being targeted or harassed by the subject of enquiry.