Bolsover Footpath 19 Diversion on Morrison’s Site - Public Right of Way

The request was partially successful.

Dear Derbyshire County Council,

Bolsover PRoW Footpath 19 has recently been subjected to a permanent re-route between Bolsover Town End and Bolsover Oxcroft Lane. The permanent new route is further subject to a temporary diversion currently because of a new Morrison’s store under construction at this location. However, the new permanent PRoW route will be impossible to follow as it will cut through the structure of the new Morrison’s store when building is complete. The new permanent route has an alignment east of the new store’s eastern elevation. Part of this route shows on Morrisons’s proposed site plan as being curtailed by a palisade fence for security reasons.

1) Please list a chronology of actions showing how the new permanent Bolsover FP19 designation came into being.
2) How are the public to follow a new permanent PRoW whose route will cut through a supermarket structure and a palisade fence?
3) Please disclose all PRoW correspondence which exchanged between DCC and Bolsover District Council’s Planning Department during the period in which BDC considered and granted Planning Permission for the new Morrison’s store.
4) Why was a PRoW re-route approved when a Planning application was pending and then granted for a structure which will make Bolsover FP19 impossible to follow?
5) What action is now being taken by DCC to regularise the situation with regard to Bolsover FP19?

Yours faithfully,

Wendy Stevenson

Access 2 Info (Commissioning Communities and Policy), Derbyshire County Council

Dear Ms Stevenson,

I refer to your request for Information received on 17 August 2019.

We will be dealing with your request under the Freedom of Information Act 2000. In accordance with the legislation, the deadline for responding is 20 working days from the receipt of the request, this being the 18 September 2019. However, we shall endeavour to deal with your request promptly, and if possible before this date.

Yours Sincerely,

Business Services Assistant
Access 2 Information
Derbyshire County Council
County Hall
Matlock
DE4 3AG
Telephone: 01629 539336

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show quoted sections

ETE FOI_EIR (Economy Transport and Environment), Derbyshire County Council

Controlled

Clarification

Dear Ms Stevenson

Thank you for your request for information about the diversion of Bolsover
Footpath 19 dated 17/08/2019, which the department received on 30/08/2019.
We are dealing with your request under the Freedom of Information Act 2000
/ Environmental Information Regulations 2004 as appropriate.

We want to be as open as possible in answering requests and to help people
obtain the information they are looking for. Therefore I must ask if you
could give the required clarification specified below:-

Derbyshire County Council did not promote the diversion of this right of
way, this was undertaken by Bolsover District Council as part of the
planning application. Whilst Derbyshire County Council was a consultee to
this planning application, the decision to divert it was a decision made
by Bolsover District Council. Correspondence between Derbyshire County
Council and Bolsover District Council will therefore be held by Bolsover
District Council and available on their website.

Please would you clarify what additional information, that isn’t already
on Bolsover District Council's website, you require from Derbyshire County
Council?

Once I have received this clarification, I will action your request
accordingly.

As required by the legislation, we aim to answer your request within 20
working days from the date, that all required information is
held concerning your request: this includes any clarification that has had
to be sought.

If for any reason we are unable to meet this deadline, we will keep you
fully informed of the reasons for this.

If you have any queries about this email please contact me.

Yours sincerely

 

Business Services Officer

Access to Information

Economy, Transport and Environment

 

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Dear ETE FOI_EIR (Economy Transport and Environment),

Thank you for your partial response requesting clarification.

I understand that Bolsover District Council was the applicant regarding this PRoW, but Derbyshire County Council was the determining authority. I have checked the BDC Planning Portal and there is no reference to any diversion of this PRoW, either on a permanent or temporary basis.

As DCC was the determining authority it must have weighed up the merits and potential pitfalls of both the permanent re-route and the temporary diversion and documented these. There would also be a decision notice. Please therefore disclose all documentation held by DCC in which the merits of the permanent re-route and the temporary diversion were assessed, evaluated and decided upon.

Yours sincerely,

Wendy Stevenson

ETE FOI_EIR (Economy Transport and Environment), Derbyshire County Council

Controlled

 

Acknowledgement

 

Dear Ms Stevenson

 

Thank you for the clarification:-

 

I understand that Bolsover District Council was the applicant regarding
this PRoW, but Derbyshire County Council was the determining authority.  
I have checked the BDC Planning Portal and there is no reference to any
diversion of this PRoW, either on a permanent or temporary basis.

 

As DCC was the determining authority it must have weighed up the merits
and potential pitfalls of both the permanent re-route and the temporary
diversion and documented these.  There would also be a decision notice. 
Please therefore disclose all documentation held by DCC in which the
merits of the permanent re-route and the temporary diversion were
assessed, evaluated and decided upon.

 

We will be dealing with your request under the terms of the Environmental
Information Regulations 2004.

 

In accordance with the above, the deadline for replying to you is 20
working days from receipt of your request, this being the 17 September
2019.  However, we will endeavour to deal with your request promptly and,
if possible, before this date.

  

Yours sincerely

 

Access to Information

Economy, Transport and Environment

 

 

 

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information. Any personal information you have given us will be processed
in accordance with our privacy notices, available at
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ETE FOI_EIR (Economy Transport and Environment), Derbyshire County Council

1 Attachment

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Minicom:        01629 533240

Email:             [1][email address]

Ask for:           Business Services Officer, Access to Information

Our ref:           ES 8472 906 19

 

Dear Ms Stevenson

 

Thank you for your request dated 17/08/2019 and clarification dated
04/09/2019.

 

Your request was for:-

 

I understand that Bolsover District Council was the applicant regarding
this PRoW, but Derbyshire County Council was the determining authority.  
I have checked the BDC Planning Portal and there is no reference to any
diversion of this PRoW, either on a permanent or temporary basis.

 

As DCC was the determining authority it must have weighed up the merits
and potential pitfalls of both the permanent re-route and the temporary
diversion and documented these.  There would also be a decision notice. 
Please therefore disclose all documentation held by DCC in which the
merits of the permanent re-route and the temporary diversion were
assessed, evaluated and decided upon.

 

Please see below for our Freedom of Information Act 2000 / Environmental
Information Regulations 2004 response.

 

Derbyshire County Council was not the ‘determining authority’. You should
request information pertaining to this Order from Bolsover District
Council.

 

In the interests of openness and helpfulness we have attached a copy of
the order in question. It appears as though the Planning Inspectorate, on
behalf of the Secretary of State for the Environment, Confirmed the Order.
The Order was made by Bolsover District Council under the Town and Country
Planning Act 1990 following the granting of planning permission by
Bolsover District Council. Only the planning authority is empowered to
make this type of order. It would not appear on the Planning Portal as it
is not part of the granting of planning permission but a consequence of
the granting of planning permission. Planning permission can be granted
but it doesn’t automatically mean that a path will be successfully
diverted as separate tests apply under the Act for the diversion /
extinguishment of paths affected by development.

 

NB Some of the personal third party data contained within the information
has been redacted under Regulation 12(3) and Regulation 13(1) Personal
Data: because this is the personal data of named individuals or could lead
to the personal data of named individuals being uncovered who did not
necessarily consent to their details being released at the time it was
given to the council. Consideration has been given as to whether it would
be in the interest of the general public for this information to be
released and the decision has been taken that it would not and it is
therefore withheld for the reason stated.

 

I hope this now satisfies your request.

 

However should you require a review of the response you have received to
your FOI/EIR request, please follow the procedure as set out below:-

 

Stage 1:

 

If you wish to challenge the response, please send your comments to, and
wherever possible, a copy of your request and the covering letter
enclosing the information or refusing your request to:

 

Access to Information Solicitor

Legal Services

Derbyshire County Council

County Hall

Matlock

DE4 3AG

 

Email: [2][Derbyshire County Council request email]

 

Stage 2:

 

After completing the above procedure, if you wish to challenge the
decision further, then you have a right to contact the Information
Commissioner’s Office as follows:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

         

Telephone: Tel: 0303 123 1113/Fax: 01625 524510

ICO Weblink: [3]https://ico.org.uk/make-a-complaint/

 

Should you have further questions or queries, please do not hesitate to
get in contact. 

 

Yours sincerely

 

Business Services Officer

Access to Information

Economy, Transport and Environment

 

 

 

This email or email thread section has been classified CONTROLLED - This
email requires controlled access by Council personnel and / or intended
recipient(s) only. This email may contain business or personal
information. Any personal information you have given us will be processed
in accordance with our privacy notices, available at
[4]www.derbyshire.gov.uk/privacynotices.

Action Grants – apply now for cash for community activities. Find out more
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Derbyshire County Council works to improve the lives of local people by
delivering high quality services. You can find out more about us by
visiting [6]www.derbyshire.gov.uk.
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[7]www.derbyshire.gov.uk/jobs. You can register for e-mail alerts,
download job packs and apply on-line.

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