Road verges - ecological protection scheme

Susan Davis made this Freedom of Information request to Peterborough City Council

The request was refused by Peterborough City Council.

From: Susan Davis

7 March 2009

Dear Sir or Madam,

If you run an ecological protection scheme for road verges in your
area, please could you provide me with the following details:

a) what protection measures a verge receives when it is included in
the scheme

b) the list of verges covered by the scheme (and their locations -
road name/number and six figure OS grid references would be fine)

c) for each verge, the specific reasons why the verge has been
included in the scheme - i.e. the notable species found there, or
the NVC community present

If you do not run such a scheme in your area, but you are aware
that another body does, please could you refer me to them instead.

Many thanks,

Susan Davis

Link to this

From: Susan Davis

7 April 2009

Dear Sir or Madam,

Please could you let me have an update on progress in replying to
my request, made on 7 March.

Thanks,

Susan Davis

Link to this

Peterborough City Council

7 April 2009


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11 April 2009

Sent request to Peterborough City Council again, using a new contact address.

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We have obtained a more up-to-date email address for this authority and have resent this request.

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From: Gammons Sally
Peterborough City Council

14 April 2009

FREEDOM OF INFORMATION REQUEST - R -1338

Thank you for your request under the Freedom of Information Act.

Your request is being considered and you will receive the information, if
held, within the statutory timescale of 20 working days, subject to the
information not being exempt.

If you have any queries, please do not hesitate to contact me.

Yours sincerely

Clare Cory

Interim Information Manager

Peterborough City Council

Town Hall

Peterborough

PE1 1HG

[1][email address]

Telephone 01733 452295

Sent by Sally Gammons on behalf of Clare Cory

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From: Cory Clare
Peterborough City Council

27 April 2009

R- 1270

FREEDOM OF INFORMATION ACT 2000 - Ecological Protection to Verges

Dear Ms Susan Davis

Your request for information has now been considered. The information
requested is as follows;

Q: If you run an ecological protection scheme for road verges in
your area, please could you provide me with the following details:

a) what protection measures a verge receives when it is included in
the scheme

There are a number of road verges which would fall within this category
within the Peterborough area. They are classified as County Wildlife Sites
and receive some protection in development/planning terms through the
Local Plan. These are shown on local plan mapping which shows among other
things those sites covered by Local Plan Policy LNE 16 applies to County
Wildlife Sites:

[1]http://www.cartoplus.co.uk/peterborough/...

For those County Wildlife Site verges in City Council management then the
authorities duty with respect to Biodiversity under Section 40 of the
Natural Environment and Rural Communities Act:

[2]http://www.opsi.gov.uk/acts/acts2006/ukp...

b) the list of verges covered by the scheme (and their locations -
road name/number and six figure OS grid references would be fine)

The following road verges in the Peterborough area are classified as
County Wildlife Sites, I have also indicted those which are managed by the
City Council:

Site_Name Grid_Ref Managed by PCC
Barnack road verges TF060043-TF062024-TF067054-TF073047 yes
Southey Lodge verge TF105022-TF113032 yes
Stamford Rd./Heath Rd./
Ailsworth Rd./King St. TF101039 & TF112046- TF130027
verges TF123006-TF121040 yes
A47/A1 interchange
roadverges TL063997-TL080997 no
Bedford
Purlieus-Wittering
roadverge TF044007-TF043024 yes
Whitewater road verge TF039037-TF040035 no

All of these are also shown on the City Councils Hawkeye interactive map:

[3]http://gisint1/hawkeye/Default.aspx

c) for each verge, the specific reasons why the verge has been included
in the scheme - i.e. the notable species found there, or the NVC
community present

Each verge has been selected for the quality of the Grassland present
(typically calcareous MG5) and the number of indicator species for this
habitat type.

Detailed descriptions for each verge can be requested from the
Cambridgeshire and Peterborough Biological Records Centre:

[4]http://www.cpbrc.org.uk/

d) If you do not run such a scheme in your area, but you are aware
that another body does, please could you refer me to them instead.

Further information on the Local Sites system and Local Sites Partnership
for Cambridgeshire and Peterborough can be found at:

[5]http://www.peterborough.gov.uk/page-15001

The information supplied to you in response to your request is the
copyright of Peterborough City Council and is protected by the Copyright,
Designs and Patents Act 1988. You may use it for the purposes permitted by
that Act, including non-commercial research and news reporting. Any other
re-use, for example commercial publication, requires the permission of the
copyright holder. If you wish to re-use any information supplied you must
first gain the Council's explicit written consent. In order to make a
request to re-use the information please contact me at the address above.

If you have any queries or concerns or you are dissatisfied with the
handling of your request then please contact me.

You can also complain to the Information Commissioner at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 01625 545700

[6]http://www.ico.gov.uk/complaints.aspx

Yours sincerely

Clare Cory

Interim Information Manager

Peterborough City Council

Town Hall

Peterborough

PE1 1HG

[7][email address]

Telephone 01733 452295

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Conditions apply to the confidentiality, copyright, legal liability and
use of this email. For full information relating to the transmission and
use of this email please visit [8]www.peterborough.gov.uk/emaildisclaimer
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References

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1. http://www.cartoplus.co.uk/peterborough/...
2. http://www.opsi.gov.uk/acts/acts2006/ukp...
3. http://gisint1/hawkeye/Default.aspx
4. http://www.cpbrc.org.uk/
5. http://www.peterborough.gov.uk/page-15001
6. http://www.ico.gov.uk/complaints.aspx
7. mailto:[email address]
8. http://www.peterborough.gov.uk/emaildisc...

Link to this

From: Susan Davis

9 May 2009

Dear Clare,

Many thanks for this reply. In respect of part (c) of my request, I
have one question - could I ask whether the City Council itself
holds any further information on the designation reasons or
features of special ecological interest on these sites, or is this
information only held by CPBRC?

Yours sincerely,

Susan Davis

Link to this

Peterborough City Council

9 May 2009


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From: Susan Davis

9 May 2009

FAO Clare Cory

Dear Clare,

Many thanks for this reply. In respect of part (c) of my request, I
have one question - could I ask whether the City Council itself
holds any further information on the designation reasons or
features of special ecological interest on these sites, or is this
information only held by CPBRC?

Yours sincerely,

Susan Davis

Link to this

From: Dykes Sean
Peterborough City Council

13 May 2009

FREEDOM OF INFORMATION REQUEST - R-1379

Thank you for your request under the Freedom of Information Act.

Your request is being considered and you will receive the information,
if held, within the statutory timescale of 20 working days, subject to
the information not being exempt.

If you have any queries, please do not hesitate to contact me.

Yours sincerely

Sean Dykes
Temporary Information Manager
Peterborough City Council
Town Hall
Peterborough
PE1 1HG

[email address]

Telephone 01733 452295

show quoted sections

Link to this

From: Dykes Sean
Peterborough City Council

15 May 2009

Dear Ms Davis

Your request for information has now been considered. The information
requested is as follows;

Could I ask whether the City Council itself holds any further information
on the designation reasons or features of special ecological interest on
these sites, or is this information only held by CPBRC?

Peterborough City Council does hold a copy of the designations for these
sites and any re-survey work that has been carried out. This includes the
designation reasons and/or features of special ecological interest on
these sites. As you will appreciate this is important to Peterborough City
Council in both its land management and planning roles.

This information is also held by the Cambridgeshire and Peterborough
Biological Records Centre (CPBRC). We have agreed that they will field
biological information requests including those with respect to County
Wildlife Sites.

The information supplied to you in response to your request is the
copyright of Peterborough City Council and is protected by the Copyright,
Designs and Patents Act 1988. You may use it for the purposes permitted by
that Act, including non-commercial research and news reporting. Any other
re-use, for example commercial publication, requires the permission of the
copyright holder. If you wish to re-use any information supplied you must
first gain the Council's explicit written consent. In order to make a
request to re-use the information please contact me at the address above.

If you have any queries or concerns or you are dissatisfied with the
handling of your request then please contact me.

You can also complain to the Information Commissioner at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 01625 545700

[1]http://www.ico.gov.uk/complaints.aspx

Yours sincerely

Sean Dykes

Temporary Information Manager

Peterborough City Council

Town Hall

Peterborough

PE1 1HG

[email address]

Telephone 01733 452295

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Conditions apply to the confidentiality, copyright, legal liability and
use of this email. For full information relating to the transmission and
use of this email please visit
[2]http://www.peterborough.gov.uk/emaildisc...
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From: Susan Davis

15 May 2009

Dear Sean,

Thanks for this further reply. Could I ask you to forward my
original request on to CPBRC so that they can respond to part (c) ?

Thanks,

Susan

Link to this

From: Dykes Sean
Peterborough City Council

15 May 2009

Dear Ms Davis

Unfortunately, as the requestor of the information you must apply for
the information you require yourself via CPBRC.

Many Thanks

Sean Dykes
Temporary Information Manager
Peterborough City Council

show quoted sections

Link to this

From: Susan Davis

15 May 2009

Dear Sean,

Thanks. I think you've misunderstood what I was asking - I'm not
asking for you to make a request to CPBRC on my behalf - what I was
hoping you could do was to forward my email to CPBRC and ask them
to get in touch so that I can then make the request myself. Would
that be possible?

Yours sincerely,

Susan Davis

Link to this

From: Dykes Sean
Peterborough City Council

15 May 2009

Dear Ms Davis

I am afraid you will have to log a new request with CPBRC

Please forward your request to:

[email address]

Many thanks

Sean Dykes
Temporary Information Manager

show quoted sections

Link to this

From: Susan Davis

15 May 2009

Dear Sean,

Thanks. I will do that. For completeness, can you tell me if you
are claiming an exemption from the EIRs in respect of part (c) of
my request and if so, which one?

Thanks,

Susan

Link to this

From: Dykes Sean
Peterborough City Council

15 May 2009

Dear Ms Davis

This will have to logged as a new request as I have to go back to the
originator of the original answer. Hopefully, shouldn't be too long
getting an answer.

Thanks

Sean Dykes
Temporary Information Manager

show quoted sections

Link to this

From: Dykes Sean
Peterborough City Council

15 May 2009

Thank you for your request under the Freedom of Information Act.

Your request is being considered and you will receive the information, if
held, within the statutory timescale of 20 working days, subject to the
information not being exempt.

If you have any queries, please do not hesitate to contact me.

Yours sincerely

Sean Dykes

Temporary Information Manager

Peterborough City Council

Town Hall

Peterborough

PE1 1HG

[email address]

Telephone 01733 452295

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Conditions apply to the confidentiality, copyright, legal liability and
use of this email. For full information relating to the transmission and
use of this email please visit [1]www.peterborough.gov.uk/emaildisclaimer
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From: Dykes Sean
Peterborough City Council

22 May 2009

Dear Ms Davis

Your request for information has now been considered. The information
requested is as follows;

Can you tell me if you are claiming an exemption from the EIRs in respect
of part (c) of

my request and if so, which one? (this relates to your previous query
R-1379)

This request would normally be rejected under EIR 12(5)(g) (the protection
of the environment to which the information relates) however, if more
detail of the sites etc is required by the enquirer they should contact
the Biological Records Centre who will if necessary (and the enquiry is
framed in that context) treat the enquiry as being under EIR and otherwise
as one of the routine data enquiries that they handle all the time. Any
exemptions or non release of sensitive environmental information such as
the locations of rare species vulnerable to collecting, badger setts or
nesting sites of rare bird species etc can then be dealt with as
appropriate.

The provider of this information, Mr Brian Armstrong, Wildlife Officer,
has stated that he is happy to talk to you about your request if
required. His number is 01733 453400.

The information supplied to you in response to your request is the
copyright of Peterborough City Council and is protected by the Copyright,
Designs and Patents Act 1988. You may use it for the purposes permitted by
that Act, including non-commercial research and news reporting. Any other
re-use, for example commercial publication, requires the permission of the
copyright holder. If you wish to re-use any information supplied you must
first gain the Council's explicit written consent. In order to make a
request to re-use the information please contact me at the address above.

If you have any queries or concerns or you are dissatisfied with the
handling of your request then please contact me.

You can also complain to the Information Commissioner at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 01625 545700

[1]http://www.ico.gov.uk/complaints.aspx

Yours sincerely

Sean Dykes

Temporary Information Manager

Peterborough City Council

Town Hall

Peterborough

PE1 1HG

[2][email address]

Telephone 01733 452295

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Conditions apply to the confidentiality, copyright, legal liability and
use of this email. For full information relating to the transmission and
use of this email please visit [3]www.peterborough.gov.uk/emaildisclaimer
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2. mailto:[email address]
3. http://www.peterborough.gov.uk/emaildisc...

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From: Susan Davis

2 June 2009

Dear Sean,

Thanks for your latest reply. I would like to reframe my request as
follows:

Please could you supply a copy of the ecological information which
Peterborough City Council holds relating to the verges enquired
about in my request of 7 March. Specifically, could you please
provide copies of the designations for these sites and details of
any re-survey work that has been carried out, as referred to in
your email of 15 May.

Please feel free to treat this as a new request if you wish. If you
decide not to release this information, please could you tell me
which FOI/EIR exemption you are applying.

Thank you,

Susan Davis

Link to this

From: Dykes Sean
Peterborough City Council

3 June 2009

Dear Ms Davis

Thank you for your request under the Freedom of Information Act.

Your request is being considered and you will receive the information, if
held, within the statutory timescale of 20 working days, subject to the
information not being exempt.

If you have any queries, please do not hesitate to contact me.

Yours faithfully

Sean Dykes

Temporary Information Manager

Peterborough City Council

Town Hall

Peterborough

PE1 1HG

[email address]

Telephone 01733 452295

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Conditions apply to the confidentiality, copyright, legal liability and
use of this email. For full information relating to the transmission and
use of this email please visit
[1]http://www.peterborough.gov.uk/emaildisc...
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From: Dykes Sean
Peterborough City Council

5 June 2009


Attachment flowchart eirrequests.pdf
17K Download View as HTML


Dear Ms Davis

Your request for information has now been considered. The information
requested is as follows;

Please could you supply a copy of the ecological information which
Peterborough City Council holds relating to the verges enquired about in
my request of 7 March. Specifically, could you please provide copies of
the designations for these sites and details of any re-survey work that
has been carried out, as referred to in your email of 15 May.

This information is readily available from the Cambridgeshire and
Peterborough Biological Records Centre (CPBRC). Detailed descriptions for
each verge can be requested from the Cambridgeshire and Peterborough
Biological Records Centre. CPBRC will field biological information
requests including those with respect to County Wildlife Sites. Attached
is a flow chart for your information detailing how Environmental
Information Regulations 2004 requests are handled.

<<flowchart-eirrequests.pdf>>

The information supplied to you in response to your request is the
copyright of Peterborough City Council and is protected by the Copyright,
Designs and Patents Act 1988. You may use it for the purposes permitted by
that Act, including non-commercial research and news reporting. Any other
re-use, for example commercial publication, requires the permission of the
copyright holder. If you wish to re-use any information supplied you must
first gain the Council's explicit written consent. In order to make a
request to re-use the information please contact me at the address above.

I sincerely apologise for the delay in responding to your request for
information. The Council is dealing with an increase in requests of this
nature.

If you have any queries or concerns or you are dissatisfied with the
handling of your request then please contact me.

You can also complain to the Information Commissioner at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 01625 545700

[1]http://www.ico.gov.uk/complaints.aspx

Yours sincerely

Sean Dykes

Temporary Information Manager

Peterborough City Council

Town Hall

Peterborough

PE1 1HG

[2][email address]

Telephone 01733 452295

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Conditions apply to the confidentiality, copyright, legal liability and
use of this email. For full information relating to the transmission and
use of this email please visit
[3]http://www.peterborough.gov.uk/emaildisc...
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1. http://www.ico.gov.uk/complaints.aspx
2. mailto:[email address]
3. http://www.peterborough.gov.uk/emaildisc...

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From: Susan Davis

5 June 2009

Dear Sean,

Thank you. Can you tell me which step on your flowchart you believe
we have reached?

Thanks,

Susan Davis

Link to this

From: Dykes Sean
Peterborough City Council

5 June 2009

Dear Ms Davis

As per your response you will need to speak to CPBRC about this.

Many thanks

Sean Dykes
Temporary Information Manager
01733 452295

show quoted sections

Link to this

From: Susan Davis

5 June 2009

Dear Dykes Sean,

Thanks for your latest email. I appreciate that you believe that
the only way in which I can obtain this information is to speak to
CPBRC.

You say that you sent me the flowchart for information - which I
assume means to help me understand the process, for which thank
you. All I'd like to know is which step in the flowchart you
believe which have reached. Are you able to tell me?

Thanks,

Susan Davis

Link to this

From: Dykes Sean
Peterborough City Council

5 June 2009

Ms Davis

I believe Mr Brian Armstrong offered to speak you if you had any
questions. As he is the expert on ecological issues, it would be better
to speak to him.

Many thanks

Sean Dykes
Temporary Information Manager
01733 452295

show quoted sections

Link to this

From: Susan Davis

5 June 2009

Thank you very much Sean. Could you please forward this email to
Brian and ask him to get in touch.

Best wishes

Susan

Link to this

From: Dykes Sean
Peterborough City Council

5 June 2009

Ms Davis

You have been provided with the number of Mr Armstrong. It is up to you
to contact him.

May I remind you that all supplementary questions should be treated as
new Freedom of Information requests and all subsequent requests from now
will be treated as such.

Many Thanks

Sean Dykes
Temporary Information Manager
01733 452295

show quoted sections

Link to this

From: Susan Davis

5 June 2009

Dear Sean,

I feel that the best option now is to request an internal review
therefore please could you pass this email on to the person who
conducts such reviews.

I am writing to request an internal review of Peterborough City
Council's handling of my FOI request 'Road verges - ecological
protection scheme'.

A full history of my request and all correspondence is available on
the Internet at this address:
http://www.whatdotheyknow.com/request/ro...

I do not believe that Peterborough City Council is complying with
the Environmental Information Regulations in its handling of this
request. The council has refused to provide me with the information
I have asked for, but has not provided me with details of the
exemption it is applying in making this decision.

Thank you

Susan Davis

Link to this

From: Baker Diane
Peterborough City Council

5 June 2009

Dear Ms Davis
Could you please clarify which FOI request you would like to be reviewed
as I am aware that you have made several requests in recent weeks.
Yours faithfully
D Baker
Fraud and Investigation Manager (with responsibility for Information
Manager)

show quoted sections

Link to this

From: Susan Davis

5 June 2009

Dear Diane,

Thank you for getting in touch. The request I would like you to
review is a request asking for information relating to road verges.
The re-framed version which I submitted on 2 June is copied below.

Yours sincerely,

Susan Davis

---

Dear Sean,

Thanks for your latest reply. I would like to reframe my request as
follows:

Please could you supply a copy of the ecological information which
Peterborough City Council holds relating to the verges enquired
about in my request of 7 March. Specifically, could you please
provide copies of the designations for these sites and details of
any re-survey work that has been carried out, as referred to in
your email of 15 May.

Please feel free to treat this as a new request if you wish. If you
decide not to release this information, please could you tell me
which FOI/EIR exemption you are applying.

Thank you,

Susan Davis

Link to this

From: Baker Diane
Peterborough City Council

5 June 2009

Thank you for your response Ms Davis.
If you are reframing your request, in order to allow us to provide
previously exempt information where possible, then you do not need to
submit a review request. We can process this as a new request in a
different format. You should only ask for an internal review where you
are dissatisfied with the response to a request.
On this basis, are you happy for us to assign a new FOI number and
process this in the usual way?
Thank you
Diane Baker

show quoted sections

Link to this

From: Susan Davis

5 June 2009

Dear Diane,

Thank you for this reply. I understood that PCC had replied to this
re-framed request, on 5 June, and that the response (as with the
original version) was a refusal to supply the information, but wirh
no exemption reason provided.

If I've misunderstood the 5 June response, and you wish to continue
considering my re-framed request and reply at a future date, that's
great.

Could you let me know which of these two interpretations of the
situation is the correct one?

If the request has been refused, could you let me know the
exemption reason?

Many thanks

Susan Davis

Link to this

From: Dykes Sean
Peterborough City Council

8 June 2009

Dear Ms Davis

Having re-examined my response to your Freedom of Information request
FOI-1402, it would seem that I did not make myself as clear as I should
have done. The attached is PCC's formal response to your FOI-1402. If
you would like to continue with the review, please let me know. I am very
sorry for the confusion caused to you.

Your request for information has now been considered and I am not obliged
to supply the information you have requested.

In accordance with the Freedom of Information Act 2000 this letter acts as
a Refusal Notice.

The exemption applied is Section 21 of the Act which states that a public
authority is not obliged to provide information which is accessible to the
applicant by other means.

This exemption applies because the information is available at
[1]www.cpbrc.org.uk.

I apologise that your request will not be met but if you have any further
information needs in the future then please contact me.

You have the right of appeal against the decision. If you wish to appeal
please set out in writing your grounds of appeal and send to the
Information Manager, Peterborough City Council, Town Hall, Bridge Street,
Peterborough, PE1 1HG; Telephone: 01733 747474, e-mail:
[Peterborough City Council request email]

You also have a right of appeal to the Information Commissioner at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
[2]www.ico.gov.uk

Yours sincerely

Sean Dykes

Temporary Information Manager

Peterborough City Council

Town Hall

Peterborough

PE1 1HG

[3][email address]

Telephone 01733 452295

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Conditions apply to the confidentiality, copyright, legal liability and
use of this email. For full information relating to the transmission and
use of this email please visit [4]www.peterborough.gov.uk/emaildisclaimer
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

References

Visible links
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2. http://www.ico.gov.uk/
3. mailto:[email address]
4. http://www.peterborough.gov.uk/emaildisc...

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From: Susan Davis

8 June 2009

Dear Sean,

Thank you for this reply. There was no attachment though - could
you resend, with the attachment attached?

Yours,

Susan

Link to this

From: Dykes Sean
Peterborough City Council

9 June 2009

Hello Ms Davis

The attachment was the letter that followed my first paragraph.

Thank you

Sean Dykes
Temporary Information Manager
01733 452295

show quoted sections

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Things to do with this request

Anyone:
Peterborough City Council only: