I would like information on the current empty homes the council is aware about in the Scottish Borders Council region. I understand due to GDPR you cannot disclose owners of these empty homes details, however i am seeking only a full list of empty homes with postal addresses.
Response
I can confirm that we do hold information within our Council Tax database where the person/s liable to pay receives a discount or exemption applicable to an empty property.However, after full consideration we have taken the decision to withhold this information under S35(1)(a) of FOI(S)A 2002 - prevention or detection of crime.The Council are applying the exemption contained within section 35(1)(b) as we are concerned that releasing a list of all empty domestic property in the Scottish Borders into the public domain could potentially lead to a rise in house-breaking, burglary, squatting, vandalism and other anti-social behaviour. For this reason we are unable to provide the information requested.Please find below our findings after carrying out the public interest test:
Factors in favour of disclosure
There are general arguments in favour of disclosure, in relation to promoting transparency and accountability of public authorities, which we have noted in relation to this information.
There are also benefits in disclosure to the wider public, in relation to raising the profile of unused or vacant property.
Factors in favour of withholding
There is an inherent public interest in crime prevention.
There is public interest in avoiding the costs associated with squatting, vandalism, burglary and anti-social behaviour. For example repair, security and eviction costs.
The negative impact of squatting, vandalism, burglary and anti-social behaviour affects the surrounding community and public authorities involved, not just the individual property.
We believe that the balance of public interest lies in upholding the exemption and not releasing the information.
