Date as email
Dear Marrk Keir,
Thank you for your information request which was received on 22 April 2022. I have
processed your request under the Environmental Information Regulations (‘EIR’) 2004 (‘the
Regulations’) because the information you have requested concerns work affecting the
environment according to the definition in Regulation 2. Section 39 of the Freedom of
Information Act (‘FOI’) 2000 (‘the Act’) exempts environmental information from the Act but
requires us to consider it under the Regulations.
“On reading a press report on April 21 2022, calling into question the usefulness of a
£40m bat bridge by Sheephouse Wood, you respond saying you have a design, worked
out in conjunction with NE and apparently costed though it has just gone out to tender.
Please show me that design.”
The design for the bat structure associated with Sheephouse Wood is in progress and is being
finalised. The design for the structure is yet to undergo HS2 Ltd’s assurance processes and is
also subject to acceptance by the Local Planning Authority as part of Schedule 17
submissions. HS2 Ltd expects to receive planning permission for the final design towards the
end of this calendar year.
We are therefore withholding the data requested on the following grounds:
• Regulation 12(4)(d) – material in the course of completion, unfinished documents
and incomplete data
Please refer to Annex A
for the Public Interest Test and our considerations regarding the
application of the legislation.
Right to Review
If you are unhappy with the way we have handled your request or with the decisions made in
relation to your request, you may complain in writing to HS2 Ltd. Please find below details of
HS2 Ltd’s complaints procedure which includes your right to complain to the Information
Please remember to quote reference number FOI-22-4628
in any future communication
relating to this request.
Yours sincerely J. Palmer
Briefings, Correspondence and FOI Adviser
High Speed Two (HS2) Limited
Your right to complain to HS2 Ltd and the Information Commissioner
You have the right to complain to HS2 Ltd within 40 working days of the date of this response
about the way in which your request for information was handled and/or about the decision
not to disclose all or part of the information requested.
Your complaint will be acknowledged, and you will be advised of a target date by which to
expect a response. Initially your complaint will be re-considered by the official who dealt with
your request for information. If, after careful consideration, that official decides that his/her
decision was correct, your complaint will automatically be referred to a senior independent
official who will conduct a further review. You will be advised of the outcome of your complaint
and if a decision is taken to disclose information originally withheld this will be done as soon as
If you are not content with the outcome of the internal review, you have the right to apply
directly to the Information Commissioner for a decision. The Information Commissioner can be
Information Commissioner’s Office