Date: 24 September 2008

Our ref: RFI357/SW

Susan Davis

By email: [FOI #2946 email]

Dear Ms Davis,

Access to Information Request - Partial release - RFI 357

Thank you for your request which we received on 10 September 2008. You have requested

`a list of SSSIs for which one or more incidents of damage to the site's special features have

occurred since 1990, where a public body, or an individual or organisation acting on behalf of a public body, has been responsible, wholly or in part for the damage'. Your request has been carefully considered under the Environmental Information Regulations 2004

A copy of the requested information recorded from 2003 onwards is attached. Information on each SSSI listed including the citation, condition, operations likely to cause damage and views about management is available on the Natural England website.

http://www.english-nature.org.uk/special/sssi/search.cfm

However the information you requested which relates to damage caused prior to December 2003 is being withheld as Natural England considers the request for this information to be manifestly unreasonable in accordance with the exception in Regulation 12(4)(b) of the Environmental Information Regulations 2004. I have set out below our reasons for determining that this request is manifestly unreasonable.

A mandatory reporting system for SSSI offences was only introduced in December 2003 when comprehensive operational enforcement guidance was introduced. Prior to December 2003 the majority of incidents relating to non-compliance of legal obligations and/or unlawful damage or disturbance to SSSIs would have been dealt with on a regional basis. The information requested would also be stored in the individual SSSI files and cannot be automatically reported on as for incidents after 2003. We would therefore have to look at each file to extract the information.

There are over 4000 SSSIs in England and for each SSSI there is between 1 and 4 files. An exercise has been undertaken in estimating the workload involved in providing the information which relates to damage caused prior to December 2003.

We have estimated that it would take approximately 20 minutes per file to find and record any reports of damage. Multiply this by the number of SSSIs allowing an average of 2 files per SSSI it would take approximately 2666 hours to complete the task. The EIR fees regulations

allows us to set a nominal charge £25 per hour therefore, this would give an equivalent cost of £25 x 2666 hours = £66,650 required to search, extract and copy information from the paper and electronic files. We therefore consider this request to be manifestly unreasonable in light of the time, resources and excessive costs needed to comply with this request.

In applying this exception, we have to balance the public interest in withholding the information against the public interest in disclosure. Whilst Natural England believes in openness and transparency, as a public body, Natural England has a duty to be both accountable and transparent in the effective and wise spending of public money. It is clear from the estimates outlined above, that the cost equivalent of providing the information requested (2666hrs or £66,650), is far in excess of the £450 “appropriate limit” as stated in the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004, and that the request would place a substantial and unreasonable burden on the resources of Natural England and the work involved requires an unreasonable diversion of resources from the provisions of our public service and core functions. Whilst there is a presumption in favour of disclosure of information, Natural England considers that the public interest will genuinely be served in this case, by withholding this information.

If you are unhappy with the service you have received in relation to your request and wish to make a complaint or request a review of our decision, please contact

Darren Green, Senior Specialist Information Access and Security, Natural England, Block B, Government Buildings, Whittington, WORCESTER WR5 2LQ

Email: [email address]

Tel: 01905 763355

Under Regulation 11(2) this needs to be done no later than 40 working days after the date of this letter.

If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a decision. Generally, the Commissioner cannot make a decision unless you have exhausted the complaints procedure provided by Natural England. The Information Commissioner can be contacted at: The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Telephone: 01625 545 700, www.ico.gov.uk.

If you have any queries about this letter, please contact me.

Yours sincerely

Sarah Waterfield

Knowledge and Information Adviser

Access to Information

Email: [email address]

Sarah Waterfield

Natural England

Northminster House

Northminster Road

PETERBOROUGH

PE1 1UA

T: 01733 455182