Bat Mitigation Licence application documents - Jones' Hill Wood

The request was refused by Natural England.

Dear Natural England,

1) Can you please confirm if an application for a bat mitigation licence and/or a site registration under a bat class licence (CL39 and CL40) has been made for Jones' Hill Wood, Buckinghamshire or any location within 2km of it - NGR SP887044 (nearest postcode HP22 6PX)
2) If such an application (or applications) has/have been made, can you please supply all the submitted licence application documents, including Figures.

I am aware that any such bat licence application(s) may not yet have been determined, but do not see this as a reason for refusal of this request - the most up to date version of the submitted application documents on the date this request is fulfilled is acceptable.

If you do refuse this request, then I expect the reasoning to be fully detailed so that I can consider an internal review and possibly a complaint to the ICO.

Yours faithfully,

Robert Mileto

SM-NE-FOI (NE), Natural England

1 Attachment

Dear Mr Mileto

 

Access to information request – Acknowledgement – Request No RFI 5387

 

Thank you for your request for the information detailed in your email
below, which we received on 10 January 2021. We are dealing with your
request under the Environmental Information Regulations 2004.

 

Your request is being considered and we will send out our response within
the legal deadline of 20 working days which is 05 February 2021. If, for
any reason, we are unable to meet the deadline we will keep you fully
informed of the reasons for this.

 

Yours sincerely

Kate Donovan

Adviser

Legal & Governance Team

 

Natural England

Email: [1][Natural England request email]

 

[2]Make a request for information to Natural England

 

During the current coronavirus situation, Natural England staff are
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our customers and stakeholders. Although some offices and our Mail Hub are
now open, please continue to send any documents by email or contact us by
phone to let us know how we can help you. See the latest news on the
coronavirus at [3]http://www.gov.uk/coronavirus and Natural England’s
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SM-NE-FOI (NE), Natural England

1 Attachment

Dear Mr Mileto
 
Please find attached Natural England's response to your request for
information.
Thanks
Darren
_____________________________________________________________
Darren Green, Senior Adviser – Access to Information
Natural England, Legal Services,
County Hall, Spetchley Road,
Worcester, WR5 2NP
T: 0208 026 0936
M: 078101 56750
 
[1][email address]
[2]Make a request for information to Natural England

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Dear Darren/Natural England,

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

Thank you for your reply. However, I am writing to request an internal review of Natural England's handling of my FOI request 'Bat Mitigation Licence application documents - Jones' Hill Wood'.
You have engaged EIR Regulation 12(5)(d) and suggest two tests are not met - I will briefly summarise these below, along with how I disagree with them (and so hence the requested review):
Harm test
"To have early disclosure could result in unwelcome distractions or result in undue pressure being brought to bear on officials by third parties. This disruption would prejudice the process of determining the licence application and potentially the quality of that licence. Early disclosure would also breach the duty of confidence between Natural England and the applicant."
a) No substantive evidence is given for "unwelcome distractions" or "undue pressure" or how this "would prejudice the process of determining the licence". I draw a parallel with planning permissions and Environment Agency environmental permits (eg see https://www.gov.uk/government/collection...) - both are legal processes and both have the full application details available for inspection and comment online (or in person). If these bodies are able to discharge their statutory obligations (planning permissions and environmental permits) without the distractions, pressure or prejudice claimed, then I do not see why NE cannot do as they do and make application documents available before determination.
b) On the "duty of confidence", given licence application documents are released on granting of the licence, please fully clarify where, in any statute or procedure document is is stated that the 'duty of confidence' ends with the granting of the licence, given you have previously disclosed application documents after licence granting . To be clear, I have requested the application documents, not any correspondence and understand that personal details can be redacted.

Public Interest test
"We considered this need for openness and transparency, which weighs in favour of
disclosure, when determining whether to release this information. We also considered the
following factors which point against release:
• the sensitivity of the information;
• the need for a safe space for public servants to formulate and debate issues away from public scrutiny; and
• the inhibition of frankness and candour in debate and decision making. "
c) No substantive evidence is given for "sensitivity of the information" or "safe space" or the "the inhibition of frankness and candour in debate". Again, I draw a parallel with planning permissions and Environment Agency environmental permits as a) above
d) To be clear, I have requested the application documents, not any correspondence that may include debate.

I also note that all 3 of the decision notices given in your response largely relate to financial details that are not requested by this FOI request.

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

Yours faithfully,

Robert Mileto

SM-NE-FOI (NE), Natural England

Dear Mr Mileto,
 
RFI 5387 - Internal Review – Acknowledgement
 
Under the Environmental Information Regulations 2004 you have a right to
have our decision reconsidered if you express dissatisfaction about what
information was provided. This is done by way of an internal review.
 
As a result of your email, dated 25 January 2021, I will ask a colleague
to conduct an internal review.
 
This review will be undertaken as quickly as possible and within the legal
deadline of 40 working days which is 23 March 2021.
 
If you have any queries about this email please contact me.
 
Yours sincerely
Emma Clifton
 
Adviser – Legal and Governance Team
 
Natural England
Email: [1][Natural England request email]
 
[2]Make a request for information to Natural England
 
 
 
 

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SM-NE-FOI (NE), Natural England

1 Attachment

Dear Mr Mileto

 

Please find attached Natural England's response to your internal review
request.

 

Thanks

Darren

_____________________________________________________________

Darren Green, Senior Adviser – Access to Information

Natural England, Legal Services,

County Hall, Spetchley Road,

Worcester, WR5 2NP

T: 0208 026 0936

M: 078101 56750

 

[1][email address]

[2]Make a request for information to Natural England

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SM-NE-FOI (NE), Natural England

Dear Mr Mileto

 

Further to my email to you dated 17 March 2021, Natural England  have now
issued an EPS licence to HS2 Ltd in respect of works at Jones’ Hill Wood.
You can access those documents here: [1]http://tbf.me/a/iUTNo. Please let
me know if you have any difficulties opening the documents.

 

With regards timing under the licence, felling can start from 1 April.
This, however, is subject to conditions such as minimum overnight
temperatures. The full details on this are contained in the licence.

 

Natural England officers are in contact with HS2 Ltd’s contractors
regarding the progress of works.

 

Kind regards,

Darren

_______________________________________________________________

Darren Green, Senior Adviser – Access to Information

 

Legal and Governance Team

 

T: 0208 026 0936

M: 078101 56750

________________________________________________________________

 

From: SM-NE-FOI (NE)
Sent: 17 March 2021 15:45
To: '[FOI #717104 email]'
<[FOI #717104 email]>
Subject: RFI 5387 - request for information - internal review response

 

Dear Mr Mileto

 

Please find attached Natural England's response to your internal review
request.

 

Thanks

Darren

_____________________________________________________________

Darren Green, Senior Adviser – Access to Information

Natural England, Legal Services,

County Hall, Spetchley Road,

Worcester, WR5 2NP

T: 0208 026 0936

M: 078101 56750

 

[2][email address]

[3]Make a request for information to Natural England

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