Decision details

The Portfolio Holder for Legal & Estates presented a restricted report upon access to environmental information in respect of Local Land Charges.

The Portfolio Holder reported that the Information Commissioner’s Office had recently published guidance stating that, in its opinion, the majority of information provided by local authorities in response to property search enquiries was likely to be regarded as environmental information, and that charges should only be raised in accordance with the Environmental Information Regulations 2004. This guidance was likely to have significant financial implications for the Council, through the inability to continue to charge for access to the Local Land Charges Register.

The Portfolio Holder also informed the Cabinet that guidance had been received from the Local Government Association regarding this matter, which it was recommended for the Council to follow. In addition, the Cabinet was requested to agree to contribute £300 to a fund administered by the Local Government Association to obtain advice on alternative charging regimes.

Decision:

(1)        That the likely loss of income from future personal searches together with the potential for claims for the refund of fees already paid for personal searches undertaken since 1 April 2005 as a result of the Local Land Charges (Amendment) Rules 2010, which came into force on 17 August 2010 and revoked the right to charge, be noted;

(2)        That a further possible financial impact on the Council if the Government decides the replies to enquiries raised on the CON29R search enquiry form for both personal and official searches should also be provided free of charge under the Environmental Information Regulations be noted;

(3)        That a further report be made to a future meeting of the Cabinet, identifying options for the mitigation of any shortfall in income arising from the changed fee regime in respect of personal and CON29R search enquiries;

(4)        That, with immediate effect, personal searches be carried out in the manner specified within the report, in order to:

(a)        reduce the time spent by staff facilitating the provision of this service for which a charge can no longer be made; and

(b)        to avoid potential claims for incomplete information

(5)        That a further review be undertaken as to how the Council’s statutory responsibilities in relation to local land charge searches could be performed cost effectively;

(6)        That, in accordance with the recommendations of the Local Government Association, the Leader of the Council and the Chief Executive be authorised to write to the relevant Government departmentsto advise them of the anticipated loss of income and additional administrative costs arising from the revocation of the personal search fee, and to seek assurances of Government assistance in that regard; and

(6)        That the sum of £300 be contributed to a fund administered by the Local Government Association to obtain advice on an alternative charging regime for personal and CON29R search enquiries.

Reasons for Decision:

Further information had been received from the Information Commissioner, following the previous report considered by the Cabinet in June. The Local Government Association was seeking advice on an alternative charging regime.

Other Options Considered and Rejected:

There were no other options at the current time, pending the receipt of further advice from the Local Government Association.