The unsafe partial felling of a Norway maple tree on Lower Ashley Road (commonly known as the M32 Maple) in the early hours of 1st March 2021

Response to this request is long overdue. By law, under all circumstances, Avon and Somerset Constabulary should have responded by now (details). You can complain by requesting an internal review.

Ann Hughes Devereaux

Dear Avon and Somerset Constabulary,
On 1st March 2021 an attempt was made to fell the last of the M32 Maples on Lower Ashley Road starting at about 11pm of the night before and continuing through to around 4:30 am. As this is the fourth time that unqualified people, without any knowledge or respect for health and safety legislation have attacked these trees, I would like to find out the circumstances. As you will be aware, there is considerable public interest in the circumstances of the felling. This FOI relates to the 2 months prior to the felling and the period after the felling. If any parts of this FOI exceed the time limit, please indicate the expected time to be expended on each sub-item below so that the request can be narrowed and re-submitted.

1. Prior to the felling for the period from 1 January 2021 - 1 March 2021

1.1 For the above period, please provide any emails or transcripts of phone conversations or reports of meetings or other written reports relating to the M32 Maples between Bristol City Council and Avon and Somerset Police

1.2 For the above period, please provide any emails or transcripts of phone conversations or reports of meetings or records that a meeting has occurred even if there are no notes or other written reports relating to the M32 Maples between the landowner and/or his associates and Avon and Somerset Police.

2. After the felling (the period subsequent to 04:00 on 1st March to the date that this FOI is answered).

2.1 For this period, please provide any communications (whether emails or other reports) between Bristol City Council and Avon and Somerset Police following the felling

2.2 How many assaults or other injuries, threatening behaviour or attempted injuries have been formally reported to the police with respect to the attempted felling and for the period 04:00 to 11:00 on 1 March 2021.

Yours faithfully,

Ann Hughes Devereaux

#Freedom of Information Requests, Avon and Somerset Constabulary

Thank you for your request for information. Your request will now be considered and you will receive a response within the statutory timescale of 20 working days as defined by the Act. In some circumstances Avon and Somerset Constabulary may be unable to achieve this deadline if consideration needs to be given to the public interest test. If this is likely you will be informed and given a revised time-scale at the earliest opportunity.

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#Freedom of Information Requests, Avon and Somerset Constabulary

5 Attachments

Ann Hughes Devereaux Our 299/21
Reference
[FOI #735498 email] Date 12
April
2021

 

Dear A Hughes Devereaux,

 

Re: Request for information dated March 2021 under the Freedom of
Information Act.

 

I write in connection with your above request where you asked as follows:-

 

On 1st March 2021 an attempt was made to fell the last of the M32 Maples
on Lower Ashley Road starting at about 11pm of the night before and
continuing through to around 4:30 am.  As this is the fourth time that
unqualified people, without any knowledge or respect for health and safety
legislation have attacked these trees, I would like to find out the
circumstances.  As you will be aware, there is considerable public
interest in the circumstances of the felling.  This FOI relates to the 2
months prior to the felling and the period after the felling.  If any
parts of this FOI exceed the time limit, please indicate the expected time
to be expended on each sub-item below so that the request can be narrowed
and re-submitted.

 

 1. Prior to the felling for the period  from 1 January 2021 - 1 March
2021

 

1.1       For the above period, please provide any emails or transcripts
of phone conversations or reports of meetings or other written reports
relating to the M32 Maples between Bristol City Council and Avon and
Somerset Police

1.2       For the above period, please provide any emails or transcripts
of phone conversations or reports of meetings or records that a meeting
has occurred even if there are no notes or other written reports relating
to the M32 Maples between the landowner and/or his associates and Avon and
Somerset Police.

 

 2. After the felling (the period subsequent to 04:00 on 1st March to the
date that this FOI is answered).

 

2.1       For this period, please provide any communications (whether
emails or other reports) between Bristol City Council and Avon and
Somerset Police following the felling

 

2.2       How many assaults or other injuries, threatening behaviour or
attempted injuries have been formally reported to the police with respect
to the attempted felling and for the period 04:00 to 11:00 on 1 March
2021.

 

Our response:

 

Avon and Somerset Constabulary has identified a total of one email between
the council and the constabulary between 1^st January 2021 and 1^st March
2021, relevant to your request. This email and a document included in the
email can be found attached.

(FOI-299.21 – Email – Q1 & FOI-299.21 – cd-weekly-list 010221)

 

We have also identified a meeting having taken place between the land
owners and the constabulary on 11^th February 2021. Due to Covid-19
restrictions this meeting took place over Zoom and no recorded information
from this meeting has been identified.

 

In regards to question two of your request we have identified a total of
four emails between the council and the constabulary between 1^st March
2021 (after 04:00hrs) and 11^th March 2021. These emails and one
attachment can be found attached.

(FOI-299.21 – Email Q2 & FOI-299.21 – Bristol City Council CCTV Viewing
request form)

 

One report, relevant to your request, was received by the constabulary
between the hours of 04:00 to 11:00 on 1^st March 2021 with a disposal
code of CVP – Assault. 

 

Some of the information attached has been redacted as to provide the
information in an unredacted format would identify personal information.
The exemption applicable to this is;

 

·         Section 40(2), third party personal information.

 

This is an Absolute exemption so therefore there is no requirement to
conduct a harm or public interest test. Any information is exempt from
disclosure under the Freedom of Information Act if it relates to or is
supplied by another individual and disclosure of that information would
contravene any of the data protection principles set out in:

 

(a) Article 5(1) of the GDPR, and

(b) Section 34(1) of the Data Protection Act 2018;

 

A Freedom of Information Disclosure is a disclosure to the world.
Therefore information that is provided can be viewed by any member of the
public. To provide the information together as you have requested may have
severe consequences. For example, an individual may be identified by
another member of the public. Alternatively an individual could identify
themselves, and be aware that their personal data has been used
unlawfully.

 

In assessing whether employees have a reasonable expectation that their
names will not be disclosed, their level of seniority and responsibility
has been considered. Additionally we have reviewed whether there is a
legitimate interest in the disclosure of these names. The names that have
been removed relate to individuals carrying out administrative duties
within the meetings and there is no legitimate interest in the disclosure
of their personal information.

 

Should the information be provided in a format in which a living
individual could be identified this would constitute personal data. This
would then become a breach of rights provided under the Data Protection
Act 2018. Information held on an individual by Avon and Somerset
Constabulary is done so lawfully and is used for a policing purpose in
line with the principles set out in the GDPR. Our privacy policy can be
viewed [1]here

 

Yours sincerely,

 

Adam Northcott

FOI Disclosure Officer

 

Mail: Freedom of Information, Legal Services Directorate, Avon and
Somerset Constabulary, Force HQ, PO Box 37, Valley Road, Portishead,
BRISTOL, BS20 8QJ

Email  [2][email address]

 

[3]www.avonandsomerset.police.uk  |  Follow us on [4]Twitter and
[5]Facebook

 

Please note:

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contain a link to additional information, which may provide you with
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