Air Quality Monitoring

Roedd y cais yn llwyddiannus.

Dear Cheshire West and Chester Council,

Thank you for the work that you are doing with respect to air quality monitoring / management. We are preparing to defend the Councils Decision to reject the planning application by IGas for flaring untreated gas on the edge of the town. Clearly this activity is close enough to affect the current AQMA in Ellesmere Port.

We note the Whitby Road / Station Road AQMA was declared in 2005. Please could you advise how this was arrived at (locations an type of sampling) to determine the boundary of this AQMA.

Please could you advise the value used to set the boundary of the AQMA.

We undersant that the legislation allow for the provision of a "correction factor" to take into acount local effects. Please could you advise what "correction factors" have been used each year when publishing the historical data for this AQMA locally.

If this does not fall under Freedom of Information, please could you treat this as n Environmental Information Request.

Yours faithfully,

Colin Watson
On behalf of Frack Free Ellesmere Port and Upton

FOI West, Cheshire West and Chester Council

RE: Your request under the Environmental Information Regulations 2004

 

Reference: RFI 0046

 

Dear Mr Watson

 

Thank you for your request for information. We are dealing with your
request under the Environmental Information Regulations 2004.

 

It will be treated as a request within the meaning of the Act: this means
that we will send you a full response within 20 working days, either
supplying you with the information which you want, or explaining to you
why we cannot supply it.

 

If we need any further clarification or there is any problem we will be in
touch.

 

 

Disclosures Team

Cheshire West and Chester Council

Tel: 0300 123 8 123

Email: [1][email address]

Location: Cheshire West and Chester Council, 4 Civic Way, Ellesmere Port
CH65 0BE

Visit: cheshirewestandchester.gov.uk

 

dangos adrannau a ddyfynnir

References

Visible links
1. mailto:[email address]

FOI West, Cheshire West and Chester Council

1 Atodiad

Dear Colin Watson

 

Thank you for your request for information of the 5^th October 2018 which
has been logged as RFI 0046

 

We confirm that your request has been dealt with under the Environmental
Information Regulations 2004.

 

The FOIA provides that environmental information is an absolute exemption
(section 39(1)) and therefore requests for environmental information must
be dealt with under the EIR.

 

Your request is reproduced below together with pertinent information:

 

“We note the Whitby Road / Station Road AQMA was declared in 2005. Please
could you advise how this was arrived at (locations an type of sampling)
to determine the boundary of this AQMA.”

 

Information relating to the designation of the AQMA is available in the
2004 Detailed Assessment produced by the former local authority Ellesmere
Port and Neston Borough Council. A copy of this is attached. You will note
that some minor redaction of the personal data of Council employees below
tier3 (director level) has been applied. Please see below for an
explanation of the application of the exception for personal data under
EIR.

 

“Please could you advise the value used to set the boundary of the AQMA.”

 

The value used to set the boundary of the AQMA was 36 micrograms per cubic
metre of nitrogen dioxide as an annual mean. An explanation on the
reasoning for this is given in the attached report.

 

“We undersant that the legislation allow for the provision of a
"correction factor" to take into acount local effects. Please could you
advise what "correction factors" have been used each year when publishing
the historical data for this AQMA locally.”

 

The Council has interpreted this part of your request to be reference to
the bias adjustment factor for NO[2 ]diffusion tube data. Please see the
below list:

 

2004 = 0.96, 2005 = 0.96, 2006 = 1.06,   2007 = 0.96,  2008 = 0.93,  2009
= 0.9,   

2010 = 0.92,  2011 = 0.89,  2012 = 0.97,  2013 = 0.95,  2014 = 0.91,  2015
= 0.91,

2016 = 0.92,  2017 = 0.89 

 

Under Regulation 9 EIR the Council has a duty to provide advice and
assistance. In accordance with this please note that the most recent air
quality assessment reports are available on the Council website at:

 

[1]www.cheshirewestandchester.gov.uk/aqmanagement    

 

 

Regulation 12 (3)

 

The Council claims the exception to disclosure in Regulation 12(3): the
information requested includes personal data of which the applicant is not
the data subject, the personal data shall not be disclosed otherwise than
in accordance with regulation 13.

 

The definition of personal data in taken from the Data Protection Act
(“DPA”) and General Data Protection Regulations (“GDPR”) 2018.

 

ICO guidance states that if the information constitutes the personal data
of third parties, public authorities should consider whether disclosure
would breach the data protection principles. (In the case of special
category or criminal offence data, public authorities must also satisfy
one of the conditions listed in Article 9 of the GDPR.). Principle (a)
under Article 5 is deemed most applicable.

 

• When considering whether disclosure of information is a breach of
principle (a), a public authority should first consider whether disclosure
is lawful and then whether it is fair. The lawful basis that is most
likely to be relevant is legitimate interests under Article 6.1(f).

 

For further information regarding the exception to disclose of personal
data under Regulation 12 (3) and 13 EIR, please follow the below link to
the Information Commissioners Office website 

 

[2]https://ico.org.uk/media/for-organisatio...

 

For the reasons outlined above, the Council refuses part of your request
which contains information where Council employees below tier 3(Director
level) are identified.

 

We trust this answers your request.

 

If you are unhappy with the way your request for information has been
handled you can request a review by writing to the Disclosures Team within
40 working days from the date of the Council’s response.

 

You are entitled to a review by the Council if:

·         You are dissatisfied with the Council’s explanation of why the
application was not dealt with within the 20 working day time limit.

·         All the information requested is not being disclosed and you
have not received an explanation why some information is not being
disclosed.

·         A reason for the disclosures under the request being refused is
not received.

·         You consider that exemptions have been wrongly applied, and/or

·         You consider that a fee has been wrongly applied.

 

Please set out your grounds for seeking a review together with what
specific part of your request those grounds apply to and the outcome you
are seeking. The Council reserves the right to ask you for clarification
of the grounds for your review request if the grounds are not clear, and
to delay commencing the review if such grounds are not provided.

 

The Disclosures Team can be contacted by email via:
[3][Cheshire West and Chester Council request email] or at the following address:

 

Disclosures Team

Cheshire West and Chester Council

(Flr 2 HQ)

4 Civic Way

Ellesmere Port

CH64 0BE

 

The Disclosures Team will acknowledge a request for an internal review
within 5 working days and complete the review as soon as possible and no
later than 40 working days from receipt of the request.

 

More information about the Council’s internal review process can be found
via:

[4]http://www.cheshirewestandchester.gov.uk...

 

If you remain dissatisfied following the outcome of your review, you have
a right of appeal to the Information Commissioner at:

 

The Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

Telephone: 08456 30 60 60 or 01625 54 57 45

Website: [5]www.ico.org.uk

 

There is no charge for making an appeal.

 

Yours sincerely

 

Disclosures Team – Customer Relations and Information

Cheshire West and Chester Council

Tel: 0300 123 8 123

Email: [6][email address]

Location: Cheshire West and Chester Council, 4 Civic Way, Ellesmere Port
CH65 0BE

Visit: cheshirewestandchester.gov.uk

 

FD

 

 

 

dangos adrannau a ddyfynnir

References

Visible links
1. http://www.cheshirewestandchester.gov.uk...
2. https://ico.org.uk/media/for-organisatio...
3. mailto:[Cheshire West and Chester Council request email]
4. http://www.cheshirewestandchester.gov.uk...
5. http://www.ico.org.uk/
6. mailto:[email address]

Dear FOI West,

Thak you for this full response.

Yours sincerely,

Colin Watson