FREEDOM OF INFORMATION

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The Freedom of Information Act and Environmental Information Regulations give members of the public who require information that would normally be denied, the right to request personal data held on file by councils such as Wealden District, East Sussex County, Rother District, Lewes, Brighton and Hove City and Eastbourne Borough councils.

Where planners at Wealden said that they had put up notices in Hackhurst Lane in reference to an application to erect a timber fence on or adjacent to the carriageway that belonged to the Earl of Chichester, Wealden District Council were obliged to give Mrs Anne Harris a list of all those persons or businesses in that vicinity.

The problem in this case was that some of those on the list were not provided with a copy of the Planning Notice. They only found out about this by accident. Whereas, they should have found out with a letter from the council addressed to them personally.

One way of trying to push a planning application through is not to tell anyone about it. Once passed, there is no right of appeal to the Secretary of State. The only way to challenge any Abuse of Process, would then be by Judicial Review - and not many people could afford the legal fees attaching to such a process - that is in effect the preserve of the rich.

Where the law is only available to the rich, that is an Article 14 violation and a system that Queen Victoria would not be amused about.

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