Joseph F L Scaife
BY EMAIL
xxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
Please quote: JBFOIA
Direct line: 01626 831031
17 December 2009
Dear Mr Scaife
Information Request – Freedom of Information Act 2000
Thank you for your email received 8 December 2009. I have been instructed to
supervise the discharge of the Authority’s responsibilities in this matter.
The right under the Freedom of Information Act to request official information held by
public bodies is subject to certain restrictions and exemptions. The Authority is under a
legal duty to deal with your application in accordance with the legislation and in
particular to provide a response as soon as practicable, and in any event no later than
20 days after the day upon which a valid request is received.
The enclosed Decision Notice sets out the Authority’s response to your Freedom of
Information Act request, together with a statement of reasons for the decision. It also
includes a summary of your rights if you are aggrieved by the Authority’s decision.
Yours sincerely,
Janet Biles
Office Manager
email: xxxxxx@xxxxxxxxxxxx.xxx.xx
DARTMOOR NATIONAL PARK AUTHORITY
Freedom of Information Act 2000
DECISION NOTICE
Applicant:
Joseph F L Scaife
Subject of request:
Information relating to the cost to Dartmoor National Park
Authority, over the last five years, of ensuring public
access to the Teign Valley Woods. To include Ranger's
time, signage and any payments to landowners.
Date received:
8 December 2009
DECISION
1. Duty to Confirm or Deny
The Authority confirms that it holds information relating to public access to the Teign
Valley Woods. In particular:
•
A committee report presented to the Dartmoor National Park Authority
Meeting on 7 December 2007 for approval of an Access Agreement
Relating to Woodlands in the Teign Valley.
•
Information relating to payments made under the Access Agreement from
December 2007 to date.
•
Information in relation to materials and work carried out by contractors
since the approval of the Access Agreement in December 2007.
•
Copy of the Devon County council definitive map and statement of public
rights of way
2. Disclosure
The Authority furnishes herewith part of the information requested.
• Teign Valley Access Agreement payments from December 2007
Date
Payment
March 08
£1500
Sept 08
£1500
Sept 09
£3000
•
Information in relation to materials and work carried out by contractors
since the approval of the Access Agreement in December 2007
16/03/2009 Fingerposts
£188.87
01/09/2008 Signs
£132.50
21/10/2008 Acrylic panel
£64.00
31/03/2008 Hardwood waymarkers
£197.50
31/03/2008 Info board frames
£593.37
31/03/2008 Fingerposts and signs
£1,201.67
31/03/2008 Outdoor graphics
£390.48
02/04/2008 Sawn timber
£106.20
2 gates & fixings
£160.00
Surface works to public right of way
18/03/2009 Moretonhampstead FP 8.
£2,096.00
Total
£5,130.59
Dartmoor National Park Authority is responsible for the maintenance of public rights of
way within the national park under a delegated agreement with Devon County
Council. Moretonhampstead Footpath No. 8 is the only public right of way within the
Teign Valley Woodlands and details of all maintenance and inspection relating to this
path is appended to this letter.
3. Non-Disclosure
In pursuance of section 21 of the Act
(information accessible by other means) the
Authority declines to furnish copies of part of the information requested, as being
exempt information, in particular:-
•
Reports & Minutes of public meetings of the Authority
The Authority also declines to furnish the following information:
•
The costs associated with Ranger Service time
REASONS
The right under the Freedom of Information Act to request official information held by
public bodies (the
“right to know”) is subject to certain statutory restrictions and
exemptions.
Section 21 of the Act provides an absolute exemption from the
right to know where the
information requested:-
(a) belongs to another public body and is available from that body; or
(b) is already published by the public body in accordance with an approved
publication scheme
The Authority believes that the following documents are readily accessible by other
means:-
• Reports and minutes of public meetings of the Authority
Section 84 of the Freedom of Information Act 2000 defines information for the
purposes of the Act and requests under the Act as information recorded in any form.
There is no obligation or duty on Authorities to create new information to respond to
requests.
Information relating to the cost of Ranger Service time on specific projects, activities
and areas of work is not separately recorded by the Authority. The Authority confirms
that there has been an element of Ranger Service time for the installation of field
furniture on the land and for carrying out annual path checks. However, this work is
undertaken within contracted working hours as a part of the normal duties of the
Ranger Service
The Authority therefore does not hold and is not in a position to release any
information about the costs associated with Ranger Service time on the land.
In reaching its determination the Authority has taken account of guidance published by
the Information Commissioner and in particular Awareness Guidance No.1 and No.3 –
The Public Interest Test; Awareness Guidance No.6 – Information Accessible by
Other Means; and Awareness Guidance No.21 – Duty to Confirm or Deny
YOUR RIGHTS
Section 1 of the Freedom of Information Act gives you the right to know whether or not
information is held by the Authority and the right to have that information
communicated to you in a comprehensible form. A request for information under the
Act must be dealt with before the expiry of the 20 day period starting on the day after a
valid request is received and the appropriate fee is paid.
If you are aggrieved by the Decision and/or by the way you have been treated by any
Officer of the Authority you should put your complaint in writing, marked
“Private and
Confidential - Complaint” to The Chief Executive (National Park Officer) Dartmoor
National Park Authority, Parke, Bovey Tracey, Newton Abbot, Devon. TQ13 9JQ.
You can complain to the Information Commissioner on any of the following grounds:
failure to provide the information you requested
failure to respond to your request within 20 working days (or failure to explain why longer than
20 working days is needed)
failure to give you proper advice and assistance
failure to give information in the form in which you requested it
failure to properly explain any reasons for refusing the request
failure to correctly apply an exemption under the Act
The Information Commissioner recommends that firstly, you should complain directly
to the public authority itself. Only if the authority has no complaints procedure, or if you
do not believe it has dealt with your complaint properly, should you contact the
Information Commissioner. You should do this as soon as possible and in any case
within two months following the final response of the public authority.
FOI/EIR Complaints Resolution
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF