Full case files for nine planning applications for a Little Downham address
Request received 5 August 2026
1. Enforcement case OP/24/00181 The complete case file, including: case notes and logs; internal emails and correspondence; the notes, photographs and measurements taken, who took the measurements, which items were used to measure at the site visit on 4 December 2024; and correspondence between the Enforcement Team and Development Management concerning the land, from 1 September 2024 to the date of this request.
2. Application 26/00632/CLE (determination file) All internal correspondence, notes, and draft documents created in connection with the determination of this application, including: (a) the decision to amend the registered description of the proposal from "Three outbuildings to rear of property" and any discussion of that amendment; (b) any consideration given to the witness statement submitted by the occupiers of 21A Cannon Street (received 9 June 2026); (c) records showing how, when and by whom the Google Earth historical image dated 3 July 2018 (Appendix 2 to the Officer Report) was obtained, and any related search records or notes; (d) drafts of the Officer Report; and (e) correspondence between the case officer, the Planning Team Leader, and the Strategic Planning and Development Management Manager concerning the application.
3. Application 25/00023/AGN All internal correspondence and notes created in connection with (a) the determination of this application, and (b) the Council's handling of the subsequent appeal APP/V0510/W/25/3374547, including preparation of the Council's appeal statement.
4. Advice given in 2021 and 2025 (a) All internal correspondence and notes relating to the enquiry I made on 8 April 2021 (ref 20/01155/FUL) concerning permitted development rights at the site, including the consultation between Senior Planning Officer Toni Hylton and "the original case officer who dealt with the application" referred to in her reply of 8 April 2021 at 15:44; and (b) all internal correspondence and notes relating to the advice provided in February 2025 by or on behalf of the Head of Planning, communicated via Cllr Anna Bailey, that the appropriate route for the outbuildings was "prior approval and an agricultural justification".
5. Pre-application enquiry (March 2026) The complete file for the pre-application enquiry answered on 12 March 2026, including internal correspondence and any notes made in preparing the response.
6. Environmental Health / Planning cross-referrals All correspondence and referrals between Environmental Health and Planning (Development Management or Enforcement) concerning the land or its use, from 1 January 2021 to the date of this request, including any records in which the planning status or character of the land was discussed.
7. Applications 20/01155/FUL and 23/00740/VAR All internal correspondence and notes concerning: (a) the extent of the red line boundary and of the residential curtilage or garden of the dwelling now known as Possenhofen, created during the determination of either application; and (b) the advice given in 2023 that a retrospective planning application should instead be submitted as an application to vary conditions (s.73).
8. Application 16/01346/PDR (21B Cannon Street) The complete application file, including any internal correspondence and notes, concerning this 2016 application, and in particular any material recording the Council's view of the extent of the residential curtilage or garden of 21B Cannon Street.
9. Application 25/01005/OUT (land off Cannon Street) All internal correspondence, officer notes, and pre-application material concerning the extent of the residential garden or curtilage of the approved scheme, its southern boundary, and its relationship to the drainage ditch forming the southern boundary of properties on the south side of Cannon Street.
Responded 3 September 2026
1. Open enforcement case information is withheld from release under the EIR exception stated below:
a) Claim exception under sections of the Act:
Exception 12 (5) (b) Course of Justice Exception
b) State why the exception applies:
Regulation 12(5) (b) provides an exception from the disclosure of environmental information which would adversely affect the course of justice. Regulation 12(5)(b) allows you to refuse to disclose information “to the extent that its disclosure would adversely affect” the course of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an inquiry of a criminal or disciplinary nature.
We note paragraph 39 of the ICO guidance which outlines the factors an authority should consider including:
The stage or stages reached in any particular investigation or proceedings:
• The investigation is still open and ongoing, and we are monitoring the site
Whether and to what extent the information has already been released into the public domain:
• The Planning Enforcement Officer dealing with the case has openly provided information on the ongoing situation, advising of progress, and providing regular updates. The procedure outlining ECDC’s decision making process regarding planning enforcement matters can be found in the Local Enforcement Plan.
The significance or sensitivity of the information:
• The requested information could potentially form part of a prosecution file. Premature disclosure of the information could compromise the proceedings and prejudice the right to a fair trial, as well as impact an appeal against any Enforcement Notice that may be served.
The age of the information:
• The documentation relating to this case is new and is relevant to the open and ongoing enforcement case.
We have reviewed the ICO Guidance which explains that proceedings can apply to any situation where an authority is exercising its formal decision-making powers. We consider that a planning enforcement matter would fall within this exception.
As these exceptions are qualified, we are obliged to outline the harm in disclosure and explain why we consider that the public interest in maintaining the exception outweighs the public interest in disclosure:
• The benefits in transparency and that disclosure could improve public knowledge and debate on this application.
• If the proceedings are over, but there is still a prospect of future litigation, a weighty public interest in maintaining the exception still remains.
• Disclosure of the planning enforcement file would not only prejudice the ability to take effective action in the investigation but would also undermine the Council’s ability to take similar action in the future.
• The public interest in preserving the course of justice is paramount.
2. Please see attachment 1
2a. Please see attachment 1
2b. Information Not Held. There are no recorded notes specifically referring to this statement.
2c. Information Not Held
2d. Draft documents are withheld from release under the EIR exception stated below:
a) Claim exception under the Regulations:
Regulation 12(4)(d) Draft/Unfinished Documents
b) State why the exception applies:
Regulation 12(4)(d) is engaged when the request relates to material that is still in the course of completion, unfinished documents or incomplete data.
• Material which is still in the course of completion can include information created as part of the process of formulating and developing policy, where the process is not complete.
• Draft documents are unfinished even if the final version has been produced.
• Data that is being used or relied on at the time of the request is not incomplete, even if it may be modified later.
As this exception is qualified, we are obliged to outline the harm in disclosure and explain why we consider that the public interest in maintaining the exception outweighs the public interest in disclosure:
• Transparency helps to give assurance that a proper process has been followed
• Planning Officers must be allowed the process of evaluating planning applications and be able to receive amendments/suggestions from senior officers and managers in their determination without public scrutiny.
2e. Please see attachment 1
3. Please see attachment 2
3a. Please see attachment 2
3b. Please see attachment 2
4. Please see attachment 3
4a. Information Not Held. Please note that the Senior Planning Officer for this application is no longer employed at the Council, and this information is not held.
4b. Please see attachment 6
5. Pre-planning advice requests, unlike planning applications, are not subject to the normal reporting of plans. Pre-planning advice requests are provided to us voluntarily and we therefore refuse this request under the EIR exception stated below:
a) Claim exception under Sections of the Act:
Exception 12 (5)(f) Voluntary Provided Information
b) State why the exception applies:
(f) the interests of the person who provided the information where that person –
(i) was not under, and could not have been put under, any legal obligation to supply it to that or any other public authority;
(ii) did not supply it in circumstances such that that or any other public authority is entitled apart from these Regulations to disclose it; and
(iii) has not consented to its disclosure;
As these exceptions are qualified, we are obliged to outline the harm in disclosure and explain why we consider that the public interest in maintaining the exception outweighs the public interest in disclosure:
• The central public interest in the exception being maintained, is that individuals and organisations should be able to seek advice from their planning authorities on a confidential basis.
• A disclosure of the information prior to a formal application being received may result in objections being received to plans which have not been formally submitted, and potentially alert competitors to development plans within the area.
We therefore neither acknowledge nor deny any pre-application enquiries that we receive.
6. Information Not Held - There has been no correspondence between Environmental Health and Planning regarding the land or its use. Environmental Health has never been asked to comment on any of the past planning applications for this site and therefore no discussions have taken place.
7. Please see attachment 4
7a. Information Not Held
7b. Information Not Held
8. Information Not Held
9. Please see attachment 5