07/01114 FUL stage 3 Safety Audit Barrington Court

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Dear Mr Vinney

Thank you for your email

I have logged this for you now, your case reference number is 1680943

Kind regards

Somerset Direct
Somerset County Council
The Deane House
Belvedere Road
Taunton
TA1 1HE

Tel: 0845 345 9166
Email: [email address]
SMS Text: 07781 482858
Web : www.somerset.gov.uk

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show quoted sections

Somerset Direct ref: 1680943

Council Directorate ref: FOI 654

Date of request: 26/07/2011

Due date of response: 23/08/2011

Dear Mr Vinney

Request for Information

Thank you for your request for information which was received on the 26th
July.

We will reply to your request within 20 working days, in accordance with
the legislation guidelines.

Please be aware that we now publish all responses to requests for
information made under the FOIA, without any details of the requestor, on
the Council's website.

Please see:

[1]http://www.somerset.gov.uk/disclosurelog

Yours sincerely

Sent on behalf of

Sue Shelbourne
Environment Directorate Information Compliance Officer

Business Development Group
Environment Directorate

Somerset County Council

County Hall, Taunton
Web: [2]www.somerset.gov.uk

This communication is intended solely for the person (s) or organisation
to whom it is addressed. It may contain privileged
and confidential information and if you are not the intended recipient
(s), you must not copy, distribute or take any action
in reliance on it. If you have received this e-mail in error please notify
the sender and copy the message to
[email address]

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to Somerset County Council, you accept
that you have no explicit or implicit expectation of privacy.

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(and attachments) transmitted over the
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References

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Somerset Direct ref: 1680943

Council Directorate ref: FOI 654

Date of request: 26/07/11

Due date of response: 23/08/11

Dear Mr Vinney,

I am writing regarding your recent request for information to Somerset
County Council. Although you made the request under the Freedom of
Information Act, your enquiry is substantially in connection with
environmental information and therefore falls under the Environmental
Information Regulations, (EIR) (2004). These regulations are very similar
in effect to the Freedom of Information Act, but have slightly different
conditions. More information on them is available at the Information
Commissioner's website [1]www.ico.gov.uk

Your request made to the Council concerned: `The National Trust recently
hired and paid a contractor, for a stage 3 safety audit. Can I have a copy
of the report that was sent to the council via the Trust.'

I can confirm that we have received a draft of the Stage 3 Road Safety
Audit. We will be responding to the author shortly with comments. Once we
are happy with the contents of this report the author will issue the
report to his Client who in turn will ask his designer to formulate a
response which will be duly submitted for our consideration. We then go
through an iterative process to reach agreement on what actions, if any,
are necessary to address the findings of the audit.

We can only consider release of the findings of the Road Safety Audit
report once we have reached agreement on the outcomes.

Under the Environmental Information Regulations (and the Freedom of
Information Act), we have the right to withhold information if an
exception applies. In this case, we believe that exceptions apply

* Regulation 12(4) (e) which relates to unfinished documents or
incomplete data.
* Regulation 12(5)(e). This provides that the Council may refuse to
disclose the information to the extent that its disclosure would
adversely affect the confidentiality of commercial or industrial
information where such confidentiality is provided by law to protect a
legitimate economic interest.

The application of these exceptions is subject to the compulsory
application of the public interest test. We have considered the balance of
public interest. Whilst it is in the public interest for people to
understand matters which are likely to affect them, the Council is in the
process of reaching an agreement on the eventual outcome and we do not
believe that it would be in the public interest to release the draft
report at this stage of the process.

If you feel your request has not been answered in sufficient detail or if
you wish to clarify the information given, please contact me and I will be
happy to address the issues you raise.

If you are not satisfied with the way in which your request has been dealt
with, or the information you have received, you can ask for an internal
review of our decision. Please send your request to: Peter Grogan,
Corporate Information Governance Manager, Information Governance Team,
Resources Directorate, County Hall Taunton TA1 4DY or email
[2][email address]

An internal review will then be carried out and we will write to you with
the results of our investigation. If you are not content with the outcome
of our review, you may then apply directly to the Information
Commissioner's Office ([3]www.ico.gov.uk ) for an appeal: The Information
Commissioner can be contacted at: Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF Tel: 0303 - 123
1113.

Please quote the reference numbers at the top of this letter in any future
correspondence.

Finally, please be aware that your response will appear, without your
contact details, on the Council's website at:

[4]http://www.somerset.gov.uk/disclosurelog

Yours sincerely

Sent on behalf of

Sue Shelbourne

Environment Directorate Information Compliance Officer

Business Development Group

PP C401a
Somerset County Council

County Hall, Taunton

Tel: 01823 357224 Mon - Thurs 08:30 - 14:00
Email: [5][email address]

Web: [6]www.somerset.gov.uk

This communication is intended solely for the person (s) or organisation
to whom it is addressed. It may contain privileged
and confidential information and if you are not the intended recipient
(s), you must not copy, distribute or take any action
in reliance on it. If you have received this e-mail in error please notify
the sender and copy the message to
[email address]

Individuals are advised that by replying to, or sending an e-mail message
to Somerset County Council, you accept
that you have no explicit or implicit expectation of privacy.

In line with the Surveillance and Monitoring Policy, any e-mail messages
(and attachments) transmitted over the
Council's network may be subject to scrutiny.

References

Visible links
1. file://www.ico.gov.uk
2. mailto:[email address]
3. http://www.ico.gov.uk/
4. http://www.somerset.gov.uk/disclosurelog
5. mailto:[email address]
6. file://www.somerset.gov.uk

Dear Mr Vinney,

Thank you for your emails of the 11th and 12th August. I can confirm that
we do not consider that it would be in the public interest to release the
draft report at this stage, before it has been through the technical
approval process.

If you are not satisfied with the way in which your request has been dealt
with, or the information you have received, you can ask for an internal
review of our decision. Please send your request to: Peter Grogan,
Corporate Information Governance Manager, Information Governance Team,
Resources Directorate, County Hall Taunton TA1 4DY or email
[1][email address]

An internal review will then be carried out and we will write to you with
the results of our investigation. If you are not content with the outcome
of our review, you may then apply directly to the Information
Commissioner's Office ([2]www.ico.gov.uk ) for an appeal: The Information
Commissioner can be contacted at: Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF Tel: 0303 - 123
1113.

Regards

Sue Shelbourne
Information Team Leader
Environment Directorate

PP C401A
Somerset County Council
County Hall
Taunton
tel: 01823 357224 Mon-Thurs 08:30-14:30

Email: [3][email address]

Web: [4]www.somerset.gov.uk

This communication is intended solely for the person (s) or organisation
to whom it is addressed. It may contain privileged
and confidential information and if you are not the intended recipient
(s), you must not copy, distribute or take any action
in reliance on it. If you have received this e-mail in error please notify
the sender and copy the message to
[email address]

Individuals are advised that by replying to, or sending an e-mail message
to Somerset County Council, you accept
that you have no explicit or implicit expectation of privacy.

In line with the Surveillance and Monitoring Policy, any e-mail messages
(and attachments) transmitted over the
Council's network may be subject to scrutiny.

References

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2. http://www.ico.gov.uk/
3. mailto:[email address]
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Thank you for your email..
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This communication is intended solely for the person (s) or organisation to whom it is addressed. It may contain privileged
and confidential information and if you are not the intended recipient (s), you must not copy, distribute or take any action
in reliance on it. If you have received this e-mail in error please notify the sender and copy the message to
[email address]

Individuals are advised that by replying to, or sending an e-mail message to Somerset County Council, you accept
that you have no explicit or implicit expectation of privacy.

In line with the Surveillance and Monitoring Policy, any e-mail messages (and attachments) transmitted over the
Council's network may be subject to scrutiny.

Dear Mr Vinney,

I am writing in reply to your email of 23rd September. I apologise that I
 did not acknowledge your email.

On 26th July you made a request  which we considered under the
Environmental Information Regulations and replied to on the 9th August.

 ‘The National Trust recently hired and paid a contractor, for a stage 3
safety audit. Can I have a copy of the report that was sent to the council
via the Trust.’

In my  response to you on the 9th August we did not release the
information because we believed that exceptions applied.

However, as the outcomes from the Stage 3 Road Safety Audit have now been
agreed we no longer consider that these exception apply. I have attached a
copy of the Stage 3 Road Safety Audit, the Designer’s Exception Response
and the response from the Highway Authority which will give a full trail
of the agreed outcomes from this audit exercise. I have edited the
documents to remove a small amount of personal information where we
believe it is exempt from disclosure under Regulation 13 - Personal
Information about third parties where release would contravene the Data
Protection Act.

If you feel your request has not been answered in sufficient detail or if
you wish to clarify the information given, please contact me and I will be
happy to address the issues you raise.

If you are not satisfied with the way in which your request has been dealt
with, or the information you have received, you can ask for an internal
review of our decision. Please send your request to: Peter Grogan,
Corporate Information Governance Manager, Information Governance Team,
Resources Directorate, County Hall Taunton TA1 4DY or email
[email address]

An internal review will then be carried out and we will write to you with
the results of our investigation. If you are not content with the outcome
of our review, you may then apply directly to the Information
Commissioner’s Office ([1]www.ico.gov.uk ) for an appeal: The Information
Commissioner can be contacted at: Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF Tel: 0303 – 123
1113.

Sue Shelbourne

Information Team Leader

Environment Directorate

PP C401A

Somerset County Council

County Hall

Taunton

tel: 01823 357224 Mon-Thurs 08:30-14:30

Email: [email address]

 

This communication is intended solely for the person (s) or organisation
to whom it is addressed.  It may contain privileged
and confidential information and if you are not the intended recipient
(s), you must not copy, distribute or take any action
in reliance on it. If you have received this e-mail in error please notify
the sender and copy the message to
[email address]

Individuals are advised that by replying to, or sending an e-mail message
to Somerset County Council, you accept
that you have no explicit or implicit expectation of privacy.

In line with the Surveillance and Monitoring Policy, any e-mail messages
(and attachments) transmitted over the
Council's network may be subject to scrutiny.

References

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