A4174 Junction Improvement Scheme

The request was refused by South Gloucestershire Council.

I refer to my FOI request of 27 May 2021, to which you allocated reference FIDP/016475-21. My previous FOI request asked:
Please provide me with a copy of the following documents with regard to proposals for changes at junctions on A4174:
a. Assessment under the Cycling Level of Service Tool from DfT LTN1/20
b. Assessment under the Junction Assessment Tool from DfT LTN1/20
c. Any other documents produced by the Council with regard to LTN1/20 requirements and guidance with regard to the proposed junction changes (including any documents that includes mention of LTN1/20 requirements/guidance)

On 5 July 2021, you advised me in your response to my FOI of 27 May that:
"We will complete a LTN 1/20 scorecard in line with Government guidance during the next phase of the scheme when we complete our detailed design work. We will also be looking to amend our designs based on the feedback we receive as part of this consultation, including suggestions for how active travel can be improved. "

I ask again.
With regard to A4174 Junction Improvement Scheme and LTN1/20 requirements, please provide me with a copy of the following documents with regard to proposals for changes at junctions on A4174:
i. Assessment under the Cycling Level of Service Tool from DfT LTN1/20
ii. Assessment under the Junction Assessment Tool from DfT LTN1/20
iii. Any other documents produced (or held) by the Council with regard to LTN1/20 requirements and guidance with regard to the proposed junction changes (including any documents that includes mention of LTN1/20 requirements/guidance)

I hope you are able to comply with the requirements of the Freedom of Information Act by providing this information promptly.

Paul Woodstock

Freedom of information, South Gloucestershire Council

Thank you for your email.

 

This is an automatic response confirming receipt of your email.

 

Where a response is required we will aim to acknowledge your email within
5 working days and we will advise you of the next steps for dealing with
your request.

 

You can now apply, report or request a service using our online forms on
[1]www.southglos.gov.uk. Using our online forms is often quicker and
easier because they feed directly into our systems and automatically pass
information to the teams responsible; you will receive a confirmation
email with a reference number, along with a timescale for us to resolve
your enquiry.   

 

To find out how South Gloucestershire Council uses and protects your
information visit [2]www.southglos.gov.uk/privacy for our Privacy Notice.

 

Kind regards

 

Customer Care

 

_______________________________________________________________
 
South Gloucestershire Council    Achieving excellence for our residents
and their communities, ensuring South Gloucestershire continues to be a
great place to live and work

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ECSFeedback, South Gloucestershire Council

Dear Mr Woodstock,

Thank you for your recent request for information under the Freedom of Information Act.

Your request will now be considered in accordance with the Act.

The 20 day period for considering your request will commence on 2/12/21

In the event that the information you have requested is to be disclosed, it will be sent to you no later than Due date. If we cannot respond by that date then we will write to you again.

Kind regards,

John Madden
Complaints & FOI Support Officer (ECS & CECR)
South Gloucestershire Council
Environment and Community Services Department
01454 866208

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Andy Whitehead, South Gloucestershire Council

2 Attachments

Dear Mr Woodstock

 

Please find attached a response to your Environmental Information
Regulation Request of 1 December 2021.

 

Kind regards

 

Andrew  

 

 

Andy Whitehead

Transport & Environmental Policy Manager

Department for Environment and Community Services | PO Box 1954 | Bristol
| BS37 0DD

Based at: Badminton Road Offices, Yate

(: 01454 86 8384 | 8: [1]www.southglos.gov.uk

 

 

_______________________________________________________________
 
South Gloucestershire Council    Achieving excellence for our residents
and their communities, ensuring South Gloucestershire continues to be a
great place to live and work

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You have refused my FOI request on the grounds that the documents requested are unfinished, and referred me to Regulation 12 (4) (d) of The Environmental Information Regulations 2004 "EIR".

My request for information was made under the provisions of the Freedom of Information Act (FOIA). My request made no mention of EIR and the information requested was not of an environmental nature.

Your apparent reliance on an EIR exemption is irrelevant to my FOIA request.

Please conduct an internal review into the handling of this FOIA request, specifically:

i. Why you have treated my FOIA request as an EIR request

ii. Why you have applied an EIR exemption to my FOIA request.

iii. I specifically asked for "Any other documents produced (or held) by the Council with regard to LTN1/20 requirements and guidance with regard to the proposed junction changes (including any documents that includes mention of LTN1/20 requirements/guidance)"
Rather than providing any of the documents requested you have instead referred me to a series of documents available via https://consultations.southglos.gov.uk/a...
The documents you have referred me to do not provide the information I asked for.

I do not know why you are refusing to provide information with regard to LTN1/20 compliance. LTN1/20 should be a key element of planning for any highway development.

I request an INTERNAL REVIEW into your failure to correctly respond to my FREEDOM OF INFORMATION ACT request.

Paul Woodstock

Freedom of information, South Gloucestershire Council

Thank you for your email.

 

This is an automatic response confirming receipt of your email.

 

Where a response is required we will aim to acknowledge your email within
5 working days and we will advise you of the next steps for dealing with
your request.

 

You can now apply, report or request a service using our online forms on
[1]www.southglos.gov.uk. Using our online forms is often quicker and
easier because they feed directly into our systems and automatically pass
information to the teams responsible; you will receive a confirmation
email with a reference number, along with a timescale for us to resolve
your enquiry.   

 

To find out how South Gloucestershire Council uses and protects your
information visit [2]www.southglos.gov.uk/privacy for our Privacy Notice.

 

Kind regards

 

Customer Care

 

_______________________________________________________________
 
South Gloucestershire Council    Achieving excellence for our residents
and their communities, ensuring South Gloucestershire continues to be a
great place to live and work

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Awaiting your response to my request for an Internal Review in to the handling of this FOI request.

Paul Woodstock

ECSFeedback, South Gloucestershire Council

Thank you for your email.

 

This is an automatic response confirming receipt of your email.

 

Where a response is required we will aim to acknowledge your email within
5 working days and we will advise you of the next steps for dealing with
your request.

 

You can now apply, report or request a service using our online forms on
[1]www.southglos.gov.uk. Using our online forms is often quicker and
easier because they feed directly into our systems and automatically pass
information to the teams responsible; you will receive a confirmation
email with a reference number, along with a timescale for us to resolve
your enquiry.   

 

To find out how South Gloucestershire Council uses and protects your
information visit [2]www.southglos.gov.uk/privacy for our Privacy Notice.

 

Kind regards

 

Customer Care

 

 

_______________________________________________________________
 
South Gloucestershire Council    Achieving excellence for our residents
and their communities, ensuring South Gloucestershire continues to be a
great place to live and work

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On 12 December I requested an Internal Review in to the processing of my FOI request.

I am still waiting for your response. Please provide an update.

Paul Woodstock

ECSFeedback, South Gloucestershire Council

Dear Mr Woodstock,

This is to acknowledge your request for a review was sent to our Information Governance Officer on 13/12/21, a response will be forthcoming.

Kind regards,

John Madden
Complaints & FOI Support Officer (ECS & CECR)
South Gloucestershire Council
Environment and Community Services Department

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On 12 December I requested an Internal Review into my FOI request.

I am still waiting for your response. Please provide an update.

Paul Woodstock

Freedom of information, South Gloucestershire Council

1 Attachment

Please see attached sent to you on 5/1/22

John Madden
Complaints & FOI Support Officer (ECS & CECR)
South Gloucestershire Council
Environment and Community Services Department

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ECSFeedback, South Gloucestershire Council

Dear Mr Woodstock,

 

Please see our response to your request for a review to the response you
were given to above request.

 

i.  Why you have treated my FOIA request as an EIR request

 

As the request was for information pertaining to the proposed A4174 road
junction changes the EI Regulation of 2(1)(f): human health and safety,
conditions of human life, cultural sites and built structure seemed the
most appropriate for the request.

 

Built structures not only include buildings and built structures, but also
built infrastructure, such as roads, railway lines, pylons, aerials,
bridges, canals and tunnels.

 

The project was to be so large that it was likely to affect the state of
the landscape as an element of the environment, and was therefore a
measure which fell within regulation 2(1)(c) and (f).

 

 

ii.  Why you have applied an EIR exemption to my FOIA request.

 

As we responded to your request under the EIR (please see above
explanation) we considered and applied the EIR exemption of section 12 (4)
(d) ‚Äď ‚Äėthe request relates to material which is still in the course of
completion, to unfinished documents or to incomplete data’.

 

iii.  I specifically asked for "Any other documents produced (or held) by
the Council with regard to LTN1/20 requirements and guidance with regard
to the proposed junction changes (including any documents that includes
mention of LTN1/20 requirements/guidance)" 

 

As regards the documents referencing LTN1/20 they were worked up by
consultants supporting the design of the scheme when it was live. They
are, however, in draft format as the scheme design is and is currently
underfunded.  The whole scheme is paused pending evaluation and is
essentially unfunded and under deliberation -everything has been provided
that can be (the consultation document as that is the only publicly
available material that references the LTN1/20) after applying section 12
(4) (d).

 

This concludes our review of your request. This review supports our
original response to your request.

 

If you remain dissatisfied with the outcome of the internal review you may
apply directly to the Information Commissioner’s Office (ICO).  The ICO
can be contacted at: The Information Commissioner’s Office, Wycliffe
House, Water Lane, Wilmslow, Cheshire, SK9 5AF or via their website at
[1]www.ico.org.uk

 

Kind regards,

 

 

Mike Hawke

Information Governance Compliance Officer

South Gloucestershire Council.

 

_______________________________________________________________
 
South Gloucestershire Council    Achieving excellence for our residents
and their communities, ensuring South Gloucestershire continues to be a
great place to live and work

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