Non ionising radiation.

P Newton made this Rhyddid Gwybodaeth request to Cheshire West and Chester Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn llwyddiannus.

Dear Cheshire West and Chester Council,

This a request for information compliant with FOI 2000.

1. Provide copies of all commercial public liability insurance policy certificates including what is covered, policy numbers, providers and underwriters held by Cheshire West and Chester Council. In particular, make sure anything regarding ‘pollution liability’, ‘policy enhancement’ and ‘schedules of exclusions’ documents in relation to the commercial public liability insurance policy held by Shropshire Council.

2. Provide copies of the ‘certificate of indemnity’ from Shropshire Council that may include the public insurance provider and underwriters, confirming that any injuries, damages or adverse health effects directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, non-ionising radiation emitting devices and equipment.

3. How many planning applications for 5G towers have the council received from 31st of January 2018 until the 30th of January 2020?

4. Of those applications, how many have been successful?

5. Provide copies of any environmental impact studies the Council have Commissioned upon the affects (contingent or actual) of 5G on human health and the health of other species, plant life atmospheric changes.

https://www.emfscientist.org/index.php/e...

Yours faithfully,

P Newton

FOI West, Cheshire West and Chester Council

RE: Your request under the Freedom of Information Act 2000

Case Reference: RFI 2518

Dear P Newton

Thank you for your email.

From 1 April the Council will be temporarily suspending the handling of non-urgent requests for information under the Freedom of Information Act (FOI) and the Environmental Information Regulations (EIR), so our staff can prioritise their critical work to respond to COVID19, including support for our most vulnerable residents. All information request submissions will be logged and acknowledged, and will be actioned as soon as resources become available.

Please bear with us during this unprecedented time and consider whether you still wish to submit your information request under the current circumstances.

Disclosures Team
Cheshire West and Chester Council
Tel: 0300 123 8 123
Email: [email address]
Location: Cheshire West and Chester Council, 4 Civic Way, Ellesmere Port CH65 0BE
Visit: cheshirewestandchester.gov.uk

dangos adrannau a ddyfynnir

Dear FOI West,

Thank you for your response. Please indicate how long the temporary suspension is likely to last.

Yours respectfully,

P Newton

FOI West, Cheshire West and Chester Council

Dear P Newton

 

Thank you for your email dated 17 April 2020.  Unfortunately, we do not
have a timeframe for when the temporary suspension will be lifted. Please
be assured that you request has been logged and will be actioned as soon
as resources become available.

 

You mention Shropshire Council in your request, can you please confirm
that you mean Cheshire West and Chester Council?

 

Yours sincerely

 

 

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

Dear FOI West,

This request is now well overdue and beyond your statutory time limit with which you are obligated to respond. Nothing within the FOI Act of 2000 allows you to derogate your obligations and my right to seek information from a public body. Please attend to the request.

Yours sincerely,
P Newton

FOI West, Cheshire West and Chester Council

Dear P Newton

Thank you for your email dated 15 June 2020. I apologise for the delay you have encountered in receiving a response. I can confirm that cases are now being progressed in date order and a response will be provided as soon as possible.

Yours sincerely

Disclosures Team
Cheshire West and Chester Council
Tel: 0300 123 8 123
Email: [email address]
Location: Cheshire West and Chester Council, 4 Civic Way, Ellesmere Port CH65 0BE
Visit: cheshirewestandchester.gov.uk

dangos adrannau a ddyfynnir

FOI West, Cheshire West and Chester Council

3 Atodiad

Dear P Newton,

 

Thank you for your request for information of 11th April 2020 which has
been logged as RFI 2518, we apologise for the delay in responding.

 

Your request meets the definition of environmental information and has
therefore been answered under the Environmental Information Regulations
2004.

 

Your request:

 

1. Provide copies of all commercial public liability insurance policy
certificates including what is covered, policy numbers, providers and
underwriters held by Cheshire West and Chester Council. In particular,
make sure anything regarding ‘pollution liability’, ‘policy enhancement’
and ‘schedules of exclusions’ documents in relation to the commercial
public liability insurance policy held by Shropshire Council.

 

2. Provide copies of the ‘certificate of indemnity’ from Shropshire
Council that may include the public insurance provider and underwriters,
confirming that any injuries, damages or adverse health effects directly
or indirectly arising out of, resulting from or contributed to by
electromagnetic fields, electromagnetic radiation, electromagnetism, radio
waves or noise, wireless RF radiation, microwave radiation, non-ionising
radiation emitting devices and equipment.

 

We can provide information relating to Cheshire West & Chester Council,
please see attached PDF documents.

 

3. How many planning applications for 5G towers have the council received
from 31st of January 2018 until the 30th of January 2020?

 

4. Of those applications, how many have been successful?

 

For questions 3 & 4 the requestor is able to self-serve using the attached
guidance

 

5. Provide copies of any environmental impact studies the Council have
Commissioned upon the affects (contingent or actual) of 5G on human health
and the health of other species, plant life atmospheric changes.

 

No studies have been commissioned by the council. Please see enclosed
information which may assist you with your request.

 

Public Health England ‘5G technologies: radio waves and health’:

[1]https://www.gov.uk/government/publicatio...

 

Lancet article ‘Planetary electromagnetic pollution: it is time to assess
its impact’: (also attached)

[2]https://www.thelancet.com/action/showPdf...

 

[3]https://www.emfscientist.org/index.php/e...

 

 

The Council has balanced the Public Interest factors in favour of
disclosure with factors against disclosure and we are now in a position to
respond to your request.

Please find enclosed the Council’s Liability policy provided by QBE.
Please note there is no ‘Public liability Insurance Certificate’ instead a
letter confirming cover, which is also attached.

 

You will note minor redaction has been applied to remove names, contact
details and signatures of third parties. This information constitutes the
personal data of someone other than the applicant and attracts the
exception to disclosure at regulation 12 (3) and regulation 13 EIR.

 

Regulation 12 (3) states that the personal data of someone other than the
applicant, should not be disclosed except in accordance with regulation
13. Regulation 13 (1) prohibits the authority from disclosing third party
personal data if this would contravene the GDPR or the DPA 2018.

 

GDPR and the DPA 2018 states that ‘personal data’ means any information
relating to an identifiable person who can be directly or indirectly
identified in particular by reference to an identifier.

 

The requested information contains the personal data of employees from the
insurance company (names, email address, telephone numbers and
signatures). Individuals can be identified from this information and for
this reason it is redacted.

 

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:
[4][Cheshire West and Chester Council request email] or at the following address:

 

Disclosures Team

Cheshire West and Chester Council

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:

[5]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: [6]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: [7][email address]

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

Visit: cheshirewestandchester.gov.uk

 

 

PD (Ex)

dangos adrannau a ddyfynnir

References

Visible links
1. https://www.gov.uk/government/publicatio...
2. https://www.thelancet.com/action/showPdf...
3. https://www.emfscientist.org/index.php/e...
4. mailto:[Cheshire West and Chester Council request email]
5. http://www.cheshirewestandchester.gov.uk...
6. http://www.ico.org.uk/
7. mailto:[email address]