The costs of removing and installing a traffic island

The request was refused by Croydon Borough Council.

Dear Croydon Borough Council,

On or around the week commencing Monday, May 30, 2016, a pedestrian traffic island on Croydon High Street, near the junction with Laud Street and outside Leon House, was removed and the position covered in tarmac.

Please provide the full costings of the works to remove the traffic island, deal with the electrical wiring to any lighting or bollards, and to resurface the road on the site.

In the days following June 7 this year, a pedestrian traffic island on Croydon High Street near the junction with Laud Street and outside Leon House, was installed. It has the appearance of being in the same position as the previous traffic island (you may be able to confirm this).

Please provide the full costings of the works to instal this traffic island, to connect any electrical wiring to any lighting or bollards, and to surface the road around this fixture.

In addition, please provide the usual costs charged by the council contractors for:
(a) the removal of a traffic island on a major road within the borough; and
(b) the installation of a traffic island on one ofthe borough's major roads.

Many thanks.

Yours faithfully,

S Downes

Freedom of Information, Croydon Borough Council

 

Dear Mr Downes

 

Freedom of Information Request

 

Thank you for your recent request.

 

Your request is being considered and you will receive a response within
the statutory timescale of 20 working days, subject to the application of
any exemptions. Where consideration is being given to exemptions the 20
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Yours sincerely

 

Lynda Fay

FOI Co-ordinator

Croydon Council

 

Information in relation to the London Borough of Croydon is available
at [1]http://www.croydonobservatory.org/. Also responses to previous
Freedom of Information requests can also be found on the following link

[2]https://croydondata.wordpress.com/

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Freedom of Information, Croydon Borough Council

1 Attachment

Dear Mr Downes 

Freedom of Information Request

Please see attached the council's response to your Freedom of Information
request.

Yours sincerely

 

Lynda Fay

FOI Coordinator

Croydon Council

 

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Council services, online, 24/7 www.croydon.gov.uk/myaccount Download our
new free My Croydon app for a faster, smarter and better way to report
local issues www.croydon.gov.uk/app

From 1 October 2015, it is a legal requirement for all privately rented
properties in Croydon to be licensed. Landlords without a licence could
face fines of up to £20,000. For more information and to apply for a
licence visit www.croydon.gov.uk/betterplacetorent

Please use this web site address to view the council's e-mail disclaimer -
http://www.croydon.gov.uk/email-disclaimer

Dear Croydon Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Croydon Borough Council's handling of my FOI request 'The costs of removing and installing a traffic island'.

I have been refused the information on the cost of conducting some public works on a road island on the spurious grounds of commercial confidentiality.

It is unreasonable, and secretive, for the council to try to hide information about the way in which it spends public money on such grounds when all such works are conducted by its contractor, who is subject to a long-term contract, and one which is not subject to any tendering for the foreseeable future.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/t...

Yours faithfully,

S Downes

Dear Freedom of Information,

I requested an internal review of this FoI request in September 2016, nearly six months ago.

I have yet to receive a reply.

Do I need a further internal review to discover why you have not conducted the internal review as requested?

Yours sincerely,

S Downes

Derby, James, Croydon Borough Council

Dear Mr Downes

I write further to your email below; I will like to apologise for the delay in dealing with your request for internal review. This was an oversight on my part as I was under the impression a response had been sent to you; I will immediately prioritise this and ensure I investigate and respond to you on or before 24th February 2017.

Once again, kindly accept my sincere apologies.

Regards

James Derby

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Derby, James, Croydon Borough Council

Dear Mr Downes

 

I write with regards to your request for internal review below and my
email of 15th February 2017.  Again, I apologise for the delay in
completing the internal review.

 

In undertaking this internal review, I examined your Environmental
Information Regulations (EIR) request contained in your email of 28th
August 2016 and the Council’s response of 19th September 2016.   I have
also examined the provisions of the Environmental Information Regulations
and relevant guidance notes and decision notices from the Information
Commissioner’s Office (ICO) and the First Tier Tribunal. Also, in the
course of conducting this internal review, I discussed with relevant
officers in the Council’s highways team regarding processing your
request.  I have then set out my decision as to whether or not the Council
complied with its obligations under the EIR.

 

Section 5 of the EIR provides a general right of access to information
held by public authorities. Under the legislation, the public authority is
expected to conduct a search into its records (electronic and manual) to
determine if the information requested is held by the public authority.
Where the information is held, there should be a disclosure to the
requestor subject to withholding any of such information pursuant to any
of the exemptions available under the EIR.

 

I note you requested the following information:

 

"Please provide the full costings of the works to instal this traffic
island, to connect any  electrical wiring to any lighting or bollards, and
to surface the road around this fixture.

 

In addition, please provide the usual costs charged by the council
contractors for:

(a) the removal of a traffic island on a major road within the borough;
and

(b)  the installation of a traffic island on one of the borough's major
roads”.

 

In its response the Council stated as follows:

 

"The Council will not be releasing this information to you as we believe
it is exempt from disclosure under the exception in the Environmental
Regulations 12(5)(e) relating to confidentiality provided by law to
protect a legitimate economic interest. The information is considered, by
the Council, to be commercially sensitive as its disclosure would, or
would be likely to, prejudice the commercial interests of the of Council,
.....................However, for undertaking such activity the average
costs are between £2.5k – £3.5k

 

You are dissatisfied with the response provided by the Council; you have
therefore requested an internal review. My understanding of your complaint
is that you are not happy that the Council has failed to provide a "full
costings" of what council contractors charge for the works.

 

The Council as a public institution is obliged to adhere with the
Department for Communities and Local Government's - Local Government
Transparency Code . 2014 which is to promote openness and transparency. In
doing so, Croydon Council has published on its website some information on
transparency and openness. Please see weblink below.

 

[1]https://www.croydon.gov.uk/democracy/ope....

 

in line with this practice of Transparency and Openness in the Council, I
am of the view that the Council in considering your EIR request has met
its obligations under the EIR by providing you with the average costs of
between £2.5k - £3.5k charged by its contractors to carry out the works
mentioned in your EIR request.

 

“I understand from the Council's highways team that the Council undertook
a competitive market testing exercise and awarded contract based on price
and quality to the Contractors to undertake highway works, including works
such as the removal and installation of traffic island works.  During this
market testing exercise the Council received submissions from a number of
prospective contractors, these were all evaluated based on a set criteria
to ensure the Council receives best value for money and that taxpayers
monies are prudently spent

 

I am further informed that these quotes contain a breakdown of various
rates and prices. These rates are usually unique to each contractor and
they (contractors) consider these rates commercially sensitive.  

 

In considering whether the rates are commercially sensitive I have
considered the principles laid down by the Information Rights Tribunal in
Bristol City Council v Information Commissioner and Portland and Brunswick
Squares Association (EA/2010/0012, 24 May 2010) i.e. the following four
elements are required in order for the exception to be engaged:

 

a. The information is commercial or industrial in nature.

b.  Confidentiality is provided by law.

c. The confidentiality is protecting a legitimate economic interest.

d. The confidentiality would be adversely affected by disclosure

 

I am of the view that the information about the rates /individual prices
provided by the contractors when bidding for the works meets all four
elements highlighted in the Bristol City Council decision.

 

I have also considered whether the public interest in maintaining the
exception outweighs the public interest in disclosing the information. It
is essential for the Council to attract competitive quotes from
contractors who would trust the Council with their commercial information,
it is therefore important for their commercial information to be kept
safe; I appreciate the need for openness and transparency and the
importance of prudently spending taxpayers monies; I am however of the
view that the public interest in maintaining the exception outweighs the
public interest in disclosing the information. the Council has provided
you with the average costs it incurred in carrying out the works and have
also conformed this is the cost it will pay any of its contractors for
carrying out the works.

 

In the light of the above I  am of the view that the Council has met its
obligations under Section 5 EIR. This may not be the response you were
hoping for; however, if you remain dissatisfied with this decision, you
may refer the matter to the Information Commissioner’s Office.

 

The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF or at [2][email address].

 

Yours sincerely

 

 

James Derby

Corporate Solicitor

Legal Services

London Borough of Croydon

7C Bernard Weatherill House

8 Mint Walk

Croydon

CR0 1EA

Tel: 020 8760 5768 Ext. 61359

 

 

 

 

 

 

 

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