Leeds Transport Advisory Panel

P Dixon made this Freedom of Information request to Leeds City Council This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Dear Leeds City Council,

On 10th November 2016, Leeds City Council announced that a panel of experts had met as part of a new expert advisory panel for transport in Leeds.

Please list all of the meetings that have been held of this panel. Please include any meetings that have been cancelled.
The notes/minutes/action log/papers/agenda/presentations from the meetings that have been held since and including the meeting held in September 2017.
Any changes to the membership of the panel
Any papers/reports/advice that the panel has produced

May I take this opportunity to also request that this information is placed in the public domain without needing me to submit any further FOI requests (this is my third on this topic). Considering the commitment provided by the panel members and the interest shown in this topic, this would help to further the discussions in Leeds and support the open approach that all stakeholders desire.

Thank you for your help

Yours faithfully,

P Dixon

DPFOI, Leeds City Council

Dear P Dixon,

Freedom of information request Ref 21375 : Leeds Transport Advisory Panel

Thank you for your request for the above information which we received 8, June 2018. We will respond to your request in accordance with the Freedom of Information Act 2000, or the Environmental Information Regulations 2004.

We have passed your request onto Richard Brook, Information Governance Officer, City Development, [email address] who will arrange a response within the appropriate statutory time limit.

Please remember to quote reference number FOI 21375 in any future communications.

Yours sincerely

Mr Adam O’Connell
Information Governance Assistant
Information Management & Governance
Digital and Information Service
Leeds City Council

0113 37 84251
www.leeds.gov.uk

show quoted sections

Allen, Vanessa, Leeds City Council

Hi Peter

 

Hope you are well.

 

I am just getting back to you re your request for the Expert Panel Papers
and to bring you up to date on where we are with regards to the website
and panel papers.

 

·         Previously we were putting the papers on the LCC website, which
was one long page of text and just resulted in a long list of documents at
the end.  However this wasn’t working well in terms of communicating
transport activities and just resulted in a long list of documents at the
end of the page.

 

·         As an interim measure, the website has recently been refreshed
to reflect the ‘Connecting Leeds’ activities ( 
[1]https://www.leeds.gov.uk/parking-roads-a...)
 to create a clearer structure.

 

·         The Panel documents were taken off, just because it was just
creating a long list of documents and the aim was to create a simple and
clear structure.

 

·         The intention is that a new website for Connecting Leeds will be
available in the Autumn,  which will include a section on the website for
the Expert Panel and will include the papers ect there. The website will
then create a more suitable facility for the papers.

 

If you are happy to wait until the new website is up and running, and want
to withdraw the request, please let me know.

 

Otherwise I will get the papers uploaded onto the website.

 

I hope this clarifies the situation and meets with your expectations
regarding the availability of the information.

 

Kind Regards

Vanessa

 

Vanessa Allen

Principal Transport Planner

Phone: 0113 3787535

 

[2]www.leeds.gov.uk

Transport Conversation webpage updates: [3]bit.ly/TransportLeeds,

Follow us on Twitter - [4]@leeds_highways

Have you seen our Highways Annual Programme? Take a look at our
[5]interactive map for more information

 

 

 

--------------------------------------------------------------------------

Go Green for Clean Air Day 2018 - 21 June 2018
Wear green and travel green! Commute and get around the city by taking the
bus, train, bike or by walking to show your support to reduce pollution in
Leeds. [6]cleanairleeds.co.uk

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References

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1. https://www.leeds.gov.uk/parking-roads-a...
2. http://www.leeds.gov.uk/
3. http://bit.ly/TransportLeeds
4. https://twitter.com/Leeds_Highways
5. https://leedscc.maps.arcgis.com/apps/web...
6. https://cleanairleeds.co.uk/

Hi Vanessa,

I appreciate the challenges with creating an aesthetically pleasing website whilst also adding many documents on it. Recent discussions have asked questions about this group. Please could I ask that the documents that I have asked for are either emailed in response to this query or uploaded to the website at the earliest possible date.

Thank you.

Yours sincerely,

P Dixon

Allen, Vanessa, Leeds City Council

I am out of the office until the 27th June and will respond to your email
on my return.

 

If urgent regarding Connecting Leeds/ LPTIP consultation please contact
[email address] ([mobile number])

 

 

--------------------------------------------------------------------------

Go Green for Clean Air Day 2018 - 21 June 2018
Wear green and travel green! Commute and get around the city by taking the
bus, train, bike or by walking to show your support to reduce pollution in
Leeds. [1]cleanairleeds.co.uk

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IMG.CC.requests, Leeds City Council

Dear Mr. Dixon,

I write in response to your information request regarding the Connecting Leeds Expert Panel.

I can confirm that this is being considered under the Environmental Information Regulations 2004 (EIR), as opposed to under the Freedom of Information Act. This is because the information you have requested concerns ‘activities’ and ‘administrative measures’ which are likely to affect elements of the environment under Reg 2(1)(c).

Due to some of the information you have requested being that provided by third parties, I regret to inform you that we will be unable to meet the deadline originally specified for your request (6th July). This is because we will need to contact these parties to ascertain whether they consider the information in question to be commercially sensitive/provided in confidence.

Reg 7(1) of the EIR, however, does allow the Authority to extend the 20 working day deadline to 40 working days in the event of such complications and, given the nature of your request, we feel that it is appropriate to do so in this instance.

I would like to reassure you, however, that your request is under active consideration, and that we hope to be able to respond in full significantly in advance of this date.

I trust this is satisfactory. Please do not hesitate to contact me if you require further clarification.

Regards,

Richard Brook,
Information Governance Officer,
Information Management and Governance,
Digital and Information Service,
Leeds City Council.

Tel: 0113 37 87118
Email: [email address]

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Brook, Richard, Leeds City Council

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Dear Mr. Dixon,

 

FOI Request: Leeds Transport AdvisoryPanel

 

I write in response to your above Freedom ofInformation request, received in this office on 8June 2018.

 

In dealing with your request, please note that wehave considered it under the Environmental Information Regulations 2004, asopposed to under the Freedom of Information Act 2000. This is because theinformation you have requested is information involving ‘activities’ and‘administrative measures’ which are likely to affect elements of theenvironment under Reg 2(1)(c).  I am advised that both the domestic and European courts give widemeaning to the Regulations and have indicated that they will adopt a broadconstruction of the definition of environmental information.

Your request asked:

 

On 10th November 2016, Leeds City Council announced that a panel ofexperts had met as part of a new expert advisory panel for transport in Leeds.

 

Please list all of the meetings that have been held of this panel.Please include any meetings that have been cancelled.

The notes/minutes/action log/papers/agenda/presentations from themeetings that have been held since and including the meeting held in September2017. 

Any changes to the membership of the panel Any papers/reports/advicethat the panel has produced

 

Please find papersattached for all of the respective meetings held. To note, we have onlyprovided papers after 12^th May 2017, as you have already hadprevious papers up until this point.

 

In providing theabove information, however, please note that two slides from the presentationby First Bus and the full presentation by Wrightbus from the meeting of 29^thSeptember 2017 have been excepted from release under Reg 12(5)(e) of theEnvironmental Information Regulations as the information in question isconsidered to be commercially sensitive and the disclosure of it wouldprejudice the economic interests of these parties.

 

In considering the application of 12(5)(e),the Regulations state that the following tests should be applied:

 

1)        Is the information commercial or industrial in nature?

2)        Is the information subject to confidentiality provided by law?

3)        Is the confidentiality required toprotect a legitimate economic interest?

4)        Would the confidentiality be adversely affected?

 

I am of the view that it is clear that thesetests are met for the following reasons:

 

1) The information in the First Bus presentationconcerns First’s forward investment plans. The Wrightbus presentation,meanwhile, concerns competition sensitive material (regarding bus technology)which is both marked strictly confidential as well as copyrighted. It is clear,therefore, that this information is commercial in nature.

2) The First Bus information carries animplicit obligation of confidentiality, whilst the Wrightbus presentationstates clearly that some material is strictly confidential. Both parties havealso made representations to the Council following receipt of this request, andhave reiterated this position. It is clear, therefore, that the information issubject to confidentiality provided by law.

3) The confidentiality is required to protectthe legitimate economic interests of First Bus and Wrighbus, as the disclosureof this information would give their competitors an insight into First’sinvestment plans and Wrightbus’ development plans.

4) It stands to reason that disclosure would,therefore, affect the confidentiality of this information.

 

As with any exception under the EIR, theauthority must, of course, consider the public interest test and, in addition,under Reg 12(2) we must provide a presumption in favour of disclosure.Nevertheless, in considering this matter, whilst I appreciate that there is a publicinterest in members of the public having access to information regarding thispanel, I do not consider that this public interest would extend to commercialinformation regarding private companies which does not strictly relate to theobjectives of the panel. Conversely, there is a very firm public interest inmaintaining the confidentiality of commercial information, where its disclosurewould lead to third parties being unwilling to share information with theCouncil in the future for fear that the Council would not respect theconfidential nature of it. As such, I am of the view that the public interestin the maintenance of this exception outweighs the public interest in thedisclosure of the information.

 

It is also considered that Reg 12(5)(f) (The interests of the person who provided theinformation where that person i) was not under, and could not have been putunder, any legal obligation to supply it, ii) did not  supply it in circumstances such that that orany other public authority is entitled apart from these Regulations to discloseit, iii) has not consented to its disclosure) should apply to the aboveinformation for the same reasons, as it is clear that both First Bus andWrightbus were not, and could not be put under, any legal obligation to supplythis information, and that the authority would not be entitled, apart fromunder the Regulations to disclose it. I can also confirm that both parties donot consent to the disclosure of this information and consider that they wouldbe adversely affected by its disclosure, as it constitutes their own commercialinformation.

 

The public interest test in respect of thisexception is similar to that for Reg 12(5)(e), with the Council, again,accepting that there is a public interest in the Panel itself, but not ininformation which does not strictly relate to the objectives of it . Rather, Iam of the view that the firm public interest lies in not causing unnecessaryprejudice to third parties that have provided sensitive information to theauthority in confidence.

 

I trust that thisresponse is satisfactory. Under Regulation 11, however, you are entitled tomake representations to us if it appears that we have failed to comply with arequirement of the Regulations in relation to your request. Representationsmust be made to us no later than 40 working days after the date you believe wefailed to comply with such a requirement.

 

We will thenconsider your representations and supporting evidence and decide if we havecomplied, notifying you of our decision as soon as possible, and no later than40 working days after the date of receipt of your representations.

 

Under Regulation18, you are then entitled to apply to the Information Commissioner for adecision as to whether, in any specified respect, your request has not beendealt with in accordance with parts 2 and 3 of the Regulations.

 

Should youwish to contact the Commissioner’s Office then you can write to the followingaddress: Office of the Information Commissioner, Wycliffe House, Water Lane, Wilmslow,Cheshire, SK9 5AF.

 

You may alsocontact the Commissioner via his website at [3]www.ico.gov.uk

 

I trust that this is self-explanatory. If you have any queries please contact me on 01133787100, or by return email.

 

Yours sincerely,

 

 

 

Richard Brook,

Information GovernanceOfficer,

Information Management andGovernance,

Digital and InformationService,

Leeds City Council.

Tel: 0113 37 87118

Email: [4][email address]

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