Bradford and Leeds - new railway lines and/or up-grades

The request was refused by Transport for the North.

Dear Transport for the North,

Last September, I submitted by email the first 5 questions below.

As I did not receive a response, I submitted them again in November but still did not obtain a response.

Please note that the Information Commissioner's website states, that such requests should be accepted as FoI requests.

Yours faithfully,

John Bradfield.

I wrote regarding your website:-
https://transportforthenorth.com/wp-cont...

Page 2 shows routes in the same style as the London Underground.

Question 1
Have you produced a map showing more precisely where the new routes may be located?

For example, the Northern Powerhouse Rail line between Bradford and Leeds, seems to follow the same course as the existing route.

Question 2
Does that mean replacing what exists or increasing the width of the space available, to add a new line?

Question 3
Alternatively, could the new connection between the cities take a completely different route?

Question 4
Your website mentions that you have worked with Bradford MDC and identified a 100 hectare site for a new central station. Is that site shown on any map which can be found on the internet?

You state:-
"While upgrade options between Manchester and Leeds which don't serve Bradford could be constructed sooner, a delay to the commitment to a new line (which would already take ten years to start of construction) would keep Bradford on the sidelines and deny opportunities to this and future generations"

Question 5
Does "would already take ten years to start" mean, that whatever is finally agreed, cannot be started for another 10 years or does it mean something else?

Question 6
Would your recommendations mean (a) having to enlarge or alter in any other ways the existing tunnels and/or (b) create new tunnels?

Question 7
Where can your assessments be read, about the impacts on domestic properties values?

Question 8
Where can your assessments be read, about road traffic congestion during the proposed works?

Rosemary Lyon, Transport for the North

7 Attachments

Dear Mr Bradfield,

 

I refer to your email of 15 January, which contained the following request
for information:-

 

 

Dear Transport for the North,

 

Last September, I submitted by email the first 5 questions below.

 

As I did not receive a response, I submitted them again in November but
still did not obtain a response.

 

Please note that the Information Commissioner's website states, that such
requests should be accepted as FoI requests.

 

Yours faithfully,

 

John Bradfield.

 

I wrote regarding your website:-

[1]https://transportforthenorth.com/wp-cont...

 

Page 2 shows routes in the same style as the London Underground.

 

Question 1

Have you produced a map showing more precisely where the new routes may be
located?

 

For example, the Northern Powerhouse Rail line between Bradford and Leeds,
seems to follow the same course as the existing route.

 

Question 2

Does that mean replacing what exists or increasing the width of the space
available, to add a new line?

 

Question 3

Alternatively, could the new connection between the cities take a
completely different route?

 

Question 4

Your website mentions that you have worked with Bradford MDC and
identified a 100 hectare site for a new central station. Is that site
shown on any map which can be found on the internet?

 

You state:-

"While upgrade options between Manchester and Leeds which don't serve
Bradford could be constructed sooner, a delay to the commitment to a new
line (which would already take ten years to start of construction) would
keep Bradford on the sidelines and deny opportunities to this and future
generations"

 

Question 5

Does "would already take ten years to start" mean, that whatever is
finally agreed, cannot be started for another 10 years or does it mean
something else?

 

Question 6

Would your recommendations mean (a) having to enlarge or alter in any
other ways the existing tunnels and/or (b) create new tunnels?

 

Question 7

Where can your assessments be read, about the impacts on domestic
properties values?

 

Question 8

Where can your assessments be read, about road traffic congestion during
the proposed works?

 

 

Your request is being treated as a request for information under the
Environmental Information Regulations 2004. I had not had sight previously
of Questions 1-5 which you indicated had been submitted in September and
November 2021.

 

Regulation 2 (1)(c) of the Environmental Information Regulations 2004
(“EIR”)  provides that environmental information includes:-

 

“measures (including administrative measures), such as policies,
legislation, plans, programmes, environmental agreements, and activities
affecting or likely to affect the elements and factors referred to in (a)
and (b) as well as measures or activities designed to protect those
elements

 

 

The Department of Transport published its Integrated Rail Plan on 18
November 2021. Transport for the North ceased to be a co-client of the
Northern Powerhouse Rail Project but remains subject to a duty of
confidentiality towards the Department of Transport as set out below.
Having regard to the duty to advise and assist, I have provided a link to
the technical annex to the Integrated Rail Plan which refers to Transport
for the North’s preferred network

[2]https://assets.publishing.service.gov.uk...

Figure 4 on Page 15 of the annex refers to the proposed new station at
Bradford.

 

I refer to your questions 1-8

 

Regulation 12 (5)(e) provides that a public authority may refuse to
disclose information to the extent that its disclosure would adversely
affect the confidentiality of commercial or industrial information where
such confidentiality is provided by law to protect a legitimate economic
interest. I have had regard to the Information Commissioner’s guidance,
“Confidentiality of commercial or industrial information (regulation 12
(5) (e)” 20120516. Version:1.2.” I have also had regard to the four-stage
test, which was adopted by the Information Rights Tribunal in Bristol City
Council v Information Commissioner and Portland and Brunswick Squares
Association ( EA/2010/0012, 24 May 2010)

 In order to come within the terms of the exception it must be shown
that:-

(1) The information in question is “commercial or industrial”;

(2) The information is subject to confidentiality provided by law;

(3) Such confidentiality is provided to protect “a legitimate economic
interest”;

(4) The disclosure of the information would adversely affect such
confidentiality

I consider that information  regarding the Northern Powerhouse Rail
project referred to in your questions constitutes commercial information
and is subject to confidentiality provided by law.  The information is not
trivial nor is it in the public domain. Transport for the North is
entitled to protect its own legitimate economic interests and those of the
Department of Transport ,for whom Transport for the North was acting as
co- client until 18 November 2021.  

 

Public Interest Test

This exception is subject to the public interest test. Under Regulation 12
(2) of the EIR, TfN must apply a presumption in favour of disclosure.

Factors in favour of disclosing the requested information

o Public interest in disclosure to promote transparency and
accountability of public authorities

Factors in favour of maintaining the exception

o Inherent public interest in maintaining commercial confidences
o Disclosing the information would have an negative impact on Transport
for the North’s legitimate economic interests and those of its then
co-client, the Department of Transport.
o Disclosing commercial information would undermine Transport for the
North’s ability to act as co-client in any future projects
o Wider public interest in preserving the principle of confidentiality

I am therefore refusing your request for information relying on the
exception contained in Regulation 12 (5) (e) of the Environmental
Information Regulations 2004

You have the right to make representations in respect of this refusal of
your request for information, which should be addressed to Julie Openshaw,
Head of Legal Services ,[email address] .You also
have the right to complain to the Information Commissioner but would be
expected to make representations first. The address of the Information
Commissioner’s Office is:-

Wycliffe House,

Water Lane,

Wilmslow,

Cheshire SK9 5AF

Tel -0303 123 113

[2][3]https://ico.org.uk/global/contact-us/

 

Yours sincerely,

 

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| Rosemary Lyon |
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| Legal and Democratic Services Officer   |
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References

Visible links
1. https://transportforthenorth.com/wp-cont...
2. https://assets.publishing.service.gov.uk...
3. https://ico.org.uk/global/contact-us/
4. mailto:[email address]
5. http://www.transportforthenorth.com/
6. https://transportforthenorth.com/ciht-tr...