Communications and notes relating to or mentioning Blick Mead

The request was successful.

Dear Historic Buildings and Monuments Commission for England,

Please supply copies of all communications and notes, including but not limited to emails, relating to or mentioning Blick Mead between 1 December 2018 and 29 January 2019.

Yours faithfully,

C. Smith

Yours faithfully,

C. Smith

FOI, Historic Buildings and Monuments Commission for England

Our Reference:19/01005

   

Dear Mr Smith,

 

Re: Information Request – Blick Mead, Wiltshire

 

Thank you for your email on 14 November to the Historic Buildings and
Monuments Commission for England (Historic England) in which you requested
the following:

'Please supply copies of all communications and notes, including but not
limited to emails, relating to or mentioning Blick Mead between 1 December
2018 and 29 January 2019.' 

Your request will be considered under the Freedom of Information Act
(2000)/ the Environmental Information Regulations (2004).  We will be
writing to you within the statutory 20 working day timeframe with a
response to your request.  You will be informed if this is not possible.

 

Yours sincerely, 

 

Information Rights Team

 

Historic England

The Engine House

Swindon

SN2 2EH

 

Telephone: 01793 414567

 

We will keep a record of contact details provided by you and details of
your enquiry for administrative purposes.  We will not use these details
for marketing purposes and we will never sell your personal details or
share your information with another organisation for marketing purposes.
If you would like to know more or understand your data protection rights,
please take a look at our [1]Privacy and Cookies Policy.

References

Visible links
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Gibbons, Frances, Historic Buildings and Monuments Commission for England

1 Attachment

REF: 19/01005

Dear C Smith,

I am writing in connection to your request to Historic England for
communications and notes relating to or mentioning Blick Mead between 1
December 2018 and 29 January 2019.

While I can confirm that Historic England holds information that falls
within the scope of your request it has unfortunately become apparent that
I will not be able to provide you with a response by the current deadline,
which is 13 December.

Your request is being considered under the Environmental Information
Regulations 2004 (‘the EIR’) and regulation 7(1) of the EIR allows
organisations to extend the deadline for replying to complex/voluminous
requests by an additional 20 working days.  I am currently in the process
of considering the information held by Historic England which is
potentially relevant to your request and owing to the need to consult
externally with outside bodies I estimate that I need to extend the
deadline to 15 January.

I am sorry for any inconvenience that this may cause you.  I will, of
course, respond sooner if I am able to do so.

Yours sincerely

 

Frances Gibbons

 

Mrs Frances Gibbons
Senior Information Rights Officer

Information and Records Management

Historic England | Room 2/20 | The Engine House | Fire Fly Avenue |
Swindon | Wiltshire | SN2 2EH

01793 414445

 

[1]Historic England Logo

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This e-mail (and any attachments) is confidential and may contain personal
views which are not the views of Historic England unless specifically
stated. If you have received it in error, please delete it from your
system and notify the sender immediately. Do not use, copy or disclose the
information in any way nor act in reliance on it. Any information sent to
Historic England may become publicly available. We respect your privacy
and the use of your information. Please read our full [6]privacy policy
for more information.

References

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Gibbons, Frances, Historic Buildings and Monuments Commission for England

1 Attachment

REF: 19/01005

 

Dear C Smith,

 

I am writing to confirm that I am still working on your request and I hope
to send you a reply in the coming week. I am very sorry for the delay in
getting a response out to you.

 

Yours sincerely

 

Frances Gibbons

Mrs Frances Gibbons
Senior Information Rights Officer

Information and Records Management

Historic England | Room 2/20 | The Engine House | Fire Fly Avenue |
Swindon | Wiltshire | SN2 2EH

01793 414445

 

[1]Historic England Logo

We are the public body that helps people care for, enjoy and celebrate
England's spectacular historic environment, from beaches and battlefields
to parks and pie shops.
Follow us:  [2]Facebook  |  [3]Twitter  |  [4]Instagram     Sign up to our
[5]newsletter     

This e-mail (and any attachments) is confidential and may contain personal
views which are not the views of Historic England unless specifically
stated. If you have received it in error, please delete it from your
system and notify the sender immediately. Do not use, copy or disclose the
information in any way nor act in reliance on it. Any information sent to
Historic England may become publicly available. We respect your privacy
and the use of your information. Please read our full [6]privacy policy
for more information.

References

Visible links
1. http://www.historicengland.org.uk/
2. https://www.facebook.com/HistoricEngland
3. https://twitter.com/HistoricEngland
4. https://www.instagram.com/historicengland/
5. http://webmail.historicenglandservices.o...
6. https://www.historicengland.org.uk/terms...

Gibbons, Frances, Historic Buildings and Monuments Commission for England

5 Attachments

REF: 19/01005

 

Dear C Smith,

 

Thank you for your email dated 14 November in which you have asked for
copies of communications and notes, including but not limited to emails,
relating to or mentioning Blick Mead between 1 December 2018 and 29
January 2019. Your request has been processed under the Environmental
Information Regulations 2004 (EIR).

 

I would like to take this opportunity to thank you for your patience while
I have investigated and processed your request. I appreciate that some
time has passed since you initially submitted your request, and I
apologise for any disruption this delay may have caused you.

 

Having looked into your request I can confirm that Historic England does
hold information that falls within the scope of your request. I have
attached, for your information, the relevant information to which you are
entitled.

 

You should be aware that I have removed personal information from the
attached documents. In making this decision I have relied upon Regulation
12(3) of the EIR. Third party personal data, the disclosure of which would
breach one or more of the data protection principles in the data
protection legislation 2018.

 

Information has also been removed on the basis of relevance.

 

You should also be aware that information has been removed under
Regulation 12(5)(f) of the EIR.

 

Regulation 12(5)(f)- Volunteered Information.

 

Information can be withheld under Regulation 12(5)(f) of the EIR if it was
volunteered.  In order to be “volunteered” the information has to satisfy
a three-part test: that the provider was not under any obligation to
provide it, has not consented to its disclosure and the party that it was
given to is not under or could not be put under any obligation to disclose
it.  I can confirm that I consider the information that I am withholding
under this exemption to meet the criteria, and as such the exception is
engaged.

 

As the application of the exception in Regulation 12(5)(f) of the EIR is
subject to a public interest test it is not sufficient for me to say, for
the reasons above, that I consider the exception to be engaged. I also
have to consider whether, in all circumstances of the case, the public
interest in maintaining the exception outweighs the public interest in
disclosing the information.

 

In favour of disclosure I have considered the argument that it is in the
public interest for Historic England to be open about the information that
it receives. Making such information public helps to ensure the
transparency of the work that Historic England is involved in. I have also
considered the presumption in favour of disclosure that is contained
within the EIR.

 

In favour of maintaining the exception I have considered the argument that
each case has to be considered on its merits. I believe that the
documentation in question was provided in confidence for information
purposes.  If third parties feel inhibited when engaging with Historic
England it is possible that not all the relevant facts will be considered
during the decision-making process.  This would then lead to potential
flaws.

 

Having considered the above arguments I have concluded that the public
interest is currently best served by maintaining the exception.

 

Regulation 12(4)(e) of the EIR has been applied to withhold some
information that is considered to be exempt internal communications.

 

Regulation 12(4)(e)- Internal Communications.

 

The exception from disclosure contained in Regulation 12(4)(e) - which is
concerned with internal communications, is applicable as it consists of
internal email correspondence between Historic England staff that has not
been shared more widely. It can reasonably be defined as ‘internal
communications’ and so engages the exception.

 

Whilst I am aware of the explicit presumption in favour of disclosure that
is contained within the EIR, and acknowledge that it is in the public
interest that Historic England is accountable and open in the way that it
operates and reaches decisions, it is essential that the information in
question is considered in context. 

 

It is important that staff members are able to have free and frank
conversations in order to reach the most appropriate outcome for their
work. If staff feel inhibited during discussions it is possible that not
all the relevant matters will be discussed. This in turn would have a
detrimental effect on the working processes of Historic England. I do not
believe this to be in the public interest.

 

Having considered the above arguments I have decided that the public
interest is best served by withholding the information.

 

Finally, you should note that Regulation 12(5)(b) has been used to
withhold some information.

 

Regulation 12(5)(b)- Course of justice.

The exception from disclosure in Regulation 12(5)(b) of the EIR is
concerned with protecting the course of justice. One of the types of
information that the exception covers is that which includes maintaining
legal professional privilege, which the information in question is subject
to. I also consider that its disclosure will prejudice the course of
justice and that the exemption is, therefore, engaged.

 

As the application of the exception in Regulation 12(5)(b) of the EIR is
subject to a public interest test I have to also consider whether the
public interest is best served by releasing the information or maintaining
the exception.

 

In favour of disclosure I acknowledge that it is in the public interest
for the public to be provided with information relating to Historic
England’s work as an advisory body. Making such information public helps
to ensure the transparency of our work. However, the disclosure of legal
advice has a high potential to prejudice Historic England’s ability to
defend its legal interests - both directly, by unfairly exposing its legal
position to challenge, and indirectly by diminishing the reliance we can
place on the advice having been fully considered and presented without
fear or favour. There is therefore a strong public interest on such advice
not being made public.

 

Having considered the above arguments I have concluded that the public
interest is currently best served by maintaining the exception in
Regulation 12(5)(b).

 

 

I hope that the information I have been able to provide is useful to you.
Details of our review procedure are attached.

 

 

Yours sincerely

 

Frances Gibbons

 

 

Mrs Frances Gibbons
Senior Information Rights Officer

Information and Records Management

Historic England | Room 2/20 | The Engine House | Fire Fly Avenue |
Swindon | Wiltshire | SN2 2EH

You may re-use the information provided (excluding logos) free of charge
in any format or medium, under the terms of the Open Government Licence.
To view this licence, visit
[1]www.nationalarchives.gov.uk/doc/open-government-licence

Where any third-party copyright information has been provided, you will
need to obtain permission from the copyright holder concerned. Public
authorities who are complying with their statutory duty under the EIR to
release information to an applicant are not breaching the Copyright,
Designs and Patents Act 1988. Normal copyright rules do, however, still
apply and continue to protect the rights of the copyright holder once the
information is released. You may be in breach of copyright if you
reproduce or publish any documents that are subject to copyright without
permission.  

 

 

[2]Historic England Logo

We are the public body that helps people care for, enjoy and celebrate
England's spectacular historic environment, from beaches and battlefields
to parks and pie shops.
Follow us:  [3]Facebook  |  [4]Twitter  |  [5]Instagram     Sign up to our
[6]newsletter     

This e-mail (and any attachments) is confidential and may contain personal
views which are not the views of Historic England unless specifically
stated. If you have received it in error, please delete it from your
system and notify the sender immediately. Do not use, copy or disclose the
information in any way nor act in reliance on it. Any information sent to
Historic England may become publicly available. We respect your privacy
and the use of your information. Please read our full [7]privacy policy
for more information.

References

Visible links
1. http://www.nationalarchives.gov.uk/doc/o...
2. http://www.historicengland.org.uk/
3. https://www.facebook.com/HistoricEngland
4. https://twitter.com/HistoricEngland
5. https://www.instagram.com/historicengland/
6. http://webmail.historicenglandservices.o...
7. https://www.historicengland.org.uk/terms...

Dear Mrs Gibbons,

Thank you for you mail and attachments. Can you please forward page 4 of 4 of Heritage Monitoring Advisory Group minutes December 6 2018 please? The section on Blick Mead carries over from page 3 and without the rest of that section the information is incomplete and at present makes no sense.

Yours sincerely,

C. Smith

Gibbons, Frances, Historic Buildings and Monuments Commission for England

3 Attachments

REF: 19/01005

 

Dear C Smith,

 

Thank you for your email dated 27 January in which you have asked that
page 4 of the Heritage Monitoring Advisory Group meeting minutes from 6
December 2018 is forwarded to you. I am very sorry that this did not form
part of my original response to you. I have attached the relevant section
concerning Blick Mead for your information.

 

I hope this information is useful to you. Details of our review procedure
are attached.

 

Yours sincerely

 

Frances Gibbons

 

Mrs Frances Gibbons
Senior Information Rights Officer

Information and Records Management

Historic England | Room 2/20 | The Engine House | Fire Fly Avenue |
Swindon | Wiltshire | SN2 2EH

[1]Historic England Logo

We are the public body that helps people care for, enjoy and celebrate
England's spectacular historic environment, from beaches and battlefields
to parks and pie shops.
Follow us:  [2]Facebook  |  [3]Twitter  |  [4]Instagram     Sign up to our
[5]newsletter     

This e-mail (and any attachments) is confidential and may contain personal
views which are not the views of Historic England unless specifically
stated. If you have received it in error, please delete it from your
system and notify the sender immediately. Do not use, copy or disclose the
information in any way nor act in reliance on it. Any information sent to
Historic England may become publicly available. We respect your privacy
and the use of your information. Please read our full [6]privacy policy
for more information.

References

Visible links
1. http://www.historicengland.org.uk/
2. https://www.facebook.com/HistoricEngland
3. https://twitter.com/HistoricEngland
4. https://www.instagram.com/historicengland/
5. http://webmail.historicenglandservices.o...
6. https://www.historicengland.org.uk/terms...