Correspondence with City Council over NO2 pollution data

Richard Parnham made this Freedom of Information request to Oxfordshire County Council Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

The request was successful.

Richard Parnham

Dear Oxfordshire County Council,

Oxfordshire County Council used 2022 NO2 pollution data, provided by Oxford City council, in two recent reports. In light of this information sharing, please provide me with:

Correspondence between the authors of the Cowley ANPR evaluation report (likely, the County Council's Corporate Director, Environment and Place) and the City Council regarding the city's 2022 NO2 pollution numbers. In particular, I am interested in correspondence that focused on pollution numbers on Hollow Way, Oxford Road / Between Towns Road, or other locations close to the Cowley / East Oxford LTNS, where the provisional NO2 numbers had indicated a possible breach of legal limits.

Correspondence including the words "adjustment" or "adjusted" are of ultra high importance to me. This is because, in the City Council's 2022 Air Quality Annual Status Report, the final average annual NO2 pollution numbers were adjusted down by 26%, compared with the provisional numbers, as collected. This is an unusually large reduction.

Correspondence between the authors of the East Oxford LTN Evaluation Snapshot Report and the city council regarding the same (i.e. possible breaches of legal limits, with a particular focus on how adjustments had been made to the provisional numbers, which had the impact of bringing the final numbers within the legal limits)

Correspondence within OCC on the same topic, with particular focus on discussions between the authors of the Cowley ANPR evaluation report (the Corporate Director, Environment and Place?) and the authors of the East Oxford LTN Evaluation Snapshot Report , regarding how to report the pollution numbers around the Cowley / East Oxford LTNs.

In essence, I want to be provided with city / county council discussions regarding how to handle the publication of the 2022 NO2 pollution numbers around the Oxford LTN areas, and also discussions within OCC by key report authors on the same topic.

Yours faithfully,

Richard Parnham

FOI Team, Oxfordshire County Council

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Kind regards

FOI Team

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FOI - E&E, Oxfordshire County Council

Our reference: 21865 EIR

                                            

Dear Mr Parnham,

Thank you for your request of 11 July 2023 which you asked for the
following information regarding the Shutford Road, north Newington:

Oxfordshire County Council used 2022 NO2 pollution data, provided by
Oxford City council, in two recent reports. In light of this information
sharing, please provide me with:

Correspondence between the authors of the Cowley ANPR evaluation report
(likely, the County Council's Corporate Director, Environment and Place)
and the City Council regarding the city's 2022 NO2 pollution numbers. In
particular, I am interested in correspondence that focused on pollution
numbers on Hollow Way, Oxford Road / Between Towns Road, or other
locations close to the Cowley / East Oxford LTNS, where the provisional
NO2 numbers had indicated a possible breach of legal limits.

Correspondence including the words "adjustment" or "adjusted" are of
ultra-high importance to me. This is because, in the City Council's 2022
Air Quality Annual Status Report, the final average annual NO2 pollution
numbers were adjusted down by 26%, compared with the provisional numbers,
as collected. This is an unusually large reduction.

Correspondence between the authors of the East Oxford LTN Evaluation
Snapshot Report and the city council regarding the same (i.e., possible
breaches of legal limits, with a particular focus on how adjustments had
been made to the provisional numbers, which had the impact of bringing the
final numbers within the legal limits)

Correspondence within OCC on the same topic, with particular focus on
discussions between the authors of the Cowley ANPR evaluation report (the
Corporate Director, Environment and Place?) and the authors of the East
Oxford LTN Evaluation Snapshot Report , regarding how to report the
pollution numbers around the Cowley / East Oxford LTNs.

In essence, I want to be provided with city / county council discussions
regarding how to handle the publication of the 2022 NO2 pollution numbers
around the Oxford LTN areas, and also discussions within OCC by key report
authors on the same topic.

Your request is being considered and you will receive the information
requested as soon as possible and in any event within the next 20 working
days in compliance with the Environmental Information Regulations
2004/Freedom of Information Act 2000, unless an exception applies. This
means that the council will respond to you by the end of 09 August 2023.

If appropriate, the information requested can be made available in
alternative formats, including other languages, Braille, large print, and
audiocassette. If you require any of these formats, then please let me
know.

Please contact me if you have any have further enquiries about your
request. I would be grateful if you could quote the reference number given
at the top of this email.

Kind regards,

Renata

Renata Malinowski

Freedom of Information Support Officer

Voice of the Customer Team

Customers and Organisational Development

Oxfordshire County Council

Email:  [1]FOI-E&[email address]

[2]www.oxfordshire.gov.uk

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Dear Oxfordshire County Council,

My request (21865 EIR) is now overdue. When might I recieve a response?

Yours faithfully,

Richard Parnham

FOI Team, Oxfordshire County Council

This is an automated response and confirmation that we have received your
email. We will aim to respond to you within 10 working days.  

Our office hours are 08.30-17.00 Monday – Thursday and 08.30-16.00 on
Friday. We are closed weekends  and Bank Holidays. 

 

Kind regards

FOI Team

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FOI Team, Oxfordshire County Council

1 Attachment

  • Attachment

    21865 EIR Acknowledgement.html

    7K Download

Dear Mr Parnham,

Thank you for your email.

I can confirm that the send date is today Wednesday 09 August, as per our attached acknowledgement and aim to send this to you by the end of today.

Kind regards
Renata

Renata Malinowski
Freedom of Information Support Officer

Voice of the Customer Team
Customer and Organisational Development

Oxfordshire County Council
Email: FOI-E&[email address]
www.oxfordshire.gov.uk

show quoted sections

FOI - E&E, Oxfordshire County Council

Our reference: 21865 EIR

Dear Mr Parnham,

Unfortunately, the Council is unable to supply you with a response to this
request today. Please accept the Council’s apologies for this delay.

Please be assured that the Council is actively working on this request and
will respond to you in full as soon as possible.

As the Council has not met the statutory deadline for responding to this
request, you do have the right to request an Internal Review now. However,
you may wish to reserve your right to do this until you have received and
considered the Council’s response.

If you have any queries in the meantime, please do not hesitate to contact
us at this email.

Kind regards

Renata

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If you have received it in error, please notify the sender by reply and
delete it immediately. Views expressed by the sender may not be those of
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FOI - E&E, Oxfordshire County Council

1 Attachment

Our reference:  21865 EIR

Dear Mr Parnham

 

Thank you for your request of 10 July 2023 in which you asked for the
following information:

Oxfordshire County Council used 2022 NO2 pollution data, provided by
Oxford City council, in two recent reports. In light of this information
sharing, please provide me with:

Correspondence between the authors of the Cowley ANPR evaluation report
(likely, the County Council's Corporate Director, Environment and Place)
and the City Council regarding the city's 2022 NO2 pollution numbers. In
particular, I am interested in correspondence that focused on pollution
numbers on Hollow Way, Oxford Road / Between Towns Road, or other
locations close to the Cowley / East Oxford LTNS, where the provisional
NO2 numbers had indicated a possible breach of legal limits.

Correspondence including the words "adjustment" or "adjusted" are of
ultra-high importance to me. This is because, in the City Council's 2022
Air Quality Annual Status Report, the final average annual NO2 pollution
numbers were adjusted down by 26%, compared with the provisional numbers,
as collected. This is an unusually large reduction.

Correspondence between the authors of the East Oxford LTN Evaluation
Snapshot Report and the city council regarding the same (i.e., possible
breaches of legal limits, with a particular focus on how adjustments had
been made to the provisional numbers, which had the impact of bringing the
final numbers within the legal limits)

Correspondence within OCC on the same topic, with particular focus on
discussions between the authors of the Cowley ANPR evaluation report (the
Corporate Director, Environment and Place?) and the authors of the East
Oxford LTN Evaluation Snapshot Report , regarding how to report the
pollution numbers around the Cowley / East Oxford LTNs.

In essence, I want to be provided with city / county council discussions
regarding how to handle the publication of the 2022 NO2 pollution numbers
around the Oxford LTN areas, and also discussions within OCC by key report
authors on the same topic.

Our response

We have searched and can confirm that that we have found no documentation
between city and county council authors of the East Oxford LTN Evaluation
Snapshot Report/Cowley ANPR report, regarding how to handle the
publication of the 2022 NO2 pollution numbers around the Oxford LTN areas
and also discussions within OCC by key report authors on the same topic,
with particular regard to any references to ‘adjusted’ or ‘adjustment’ and
with respect to provisional or ratified Air Quality data.

We have found two emails within OCC discussing the inclusion of 2019
published AQ data in the East Oxford LTN Snapshot report, which have been
redacted and are attached. In the final version of the East Oxford LTN
Snapshot report published on the OCC website, all available 2019 data was
included for the AQ sensors in the report scope.

The Council has redacted the following information from the disclosure:

 1. The names and contact details of Council employees and
 2. The mobile telephone numbers of all Council staff.

The Council considers that this information is exempt from disclosure
under regulation13 of the Environmental Information Regulations 2004. 
Regulation 13 provides that information shall not be disclosed where it
constitutes the personal data of someone other than the applicant and that
disclosure would satisfy one of the following three conditions:

1. disclosure would contravene any of the data protection principles, or
would do so if the exemptions in section 24(1) of the Data Protection Act
2018 (manual unstructured data held by public authorities) were
disregarded or,

2. disclosure would contravene Article 21 of the GDPR (general processing:
right to object to processing), or section 99 of the Data Protection Act
2018 (intelligence services processing: right to object to processing).

3. on a request under Article 15(1) of the GDPR (general processing: right
of access by the data subject) for access to personal data, the
information would be withheld in reliance on provision made by or under
section 15, 16 or 26 of, or Schedule 2, 3 or 4 to, the Data Protection Act
2018, on a request under section 45(1)(b) of that Act (law enforcement
processing: right of access by the data subject), the information would be
withheld in reliance on subsection (4) of that section, or on a request
under section 94(1)(b) of that Act (intelligence services processing:
rights of access by the data subject), the information would be withheld
in reliance on a provision of Chapter 6 of Part 4 of that Act.

In this case, the relevant condition is the first condition. 
Specifically, the council considers that the first data protection
principle would be breached; namely, that disclosure of the redacted
information would not be fair for the following reasons:

 1. The reasonable expectations of the data subjects and the nature of the
information itself leads the Council to conclude that the data
subjects could not reasonably expect that this information would be
disclosed,
 2. Neither this, nor similar information has been released into the
public domain by the data subjects or anyone else; and
 3. That the legitimate interests in the public having access to this
information do not outweigh the interests in preserving the rights and
freedoms of the data subjects.

In reaching this decision, the Council noted that the following
consequences may occur if this information was disclosed:

 1. Disclosure may lead to the data subjects receiving unwanted and
unnecessary correspondence,
 2. Disclosure of information which lead to the identification of data
subjects and
 3. The data subjects would not expect this information to be released

In light of the above, the Council considers it justified to uphold this
exemption by applying redactions to the disclosure.

Internal review

If you are dissatisfied with the service or response to your request, you
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Please let me know if you have further enquiries. I would be grateful if
you could use the reference number given at the top of this email.

Yours sincerely,

Aron Wisdom

Programme Lead

Transport and Infrastructure

Oxfordshire County Council

Email: [3][email address]

[4]www.oxfordshire.gov.uk

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Dear Oxfordshire County Council,

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

I am writing to request an internal review of Oxfordshire County Council's handling of my FOI request 'Correspondence with City Council over NO2 pollution data'. (21865 EIR).

1) Please check again about the extent of the correspondence. I find it surprising that there was so little, over such as short space of time. At the very least, I would have expected preliminary conversations prior to the date of the correspondence provided to me.

2) I notice you have provided me with email correspondence only. My request was not specifically limited to email correspondence. If you have not also checked WhatsApp / Teams messages etc between the individuals identified in your response, please do so. If this would push this enquiry about the cost limit, please let me know, and I will submit a follow-up request asking for non email-related correspondence.

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

Yours faithfully,

Richard Parnham

FOI Team, Oxfordshire County Council

1 Attachment

Our reference: 21865 EIR

Dear Mr Parnham,

In accordance with the council's Freedom of Information policy, I will
arrange for an internal review of your request to be undertaken.

The review will be undertaken by a manager not involved in the original
handling of your request. In line with guidance from the Information
Commissioner’s Office, we will aim to provide a full response within 20
working days beginning the day your complaint was received. This means you
will receive a response by 08 September 2023.

Kind regards,

Renata

Renata Malinowski

Freedom of Information Support Officer

Voice of the Customer Team

Customers and Organisational Development

Oxfordshire County Council

Email: [1][email address]

[2]www.oxfordshire.gov.uk

Save money and paper - do you really need to print this email.

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FOI - E&E, Oxfordshire County Council

Our reference: 21865 EIR Internal Review

Dear Mr Parnham

Thank you for your email dated 11th August 2023. As you have indicated that you are not satisfied with the response made by the County Council, the issue has been escalated to conduct an internal review.

We answered your original request (our ref 21865) based on our assumption of the requirement for a search for email correspondence between Oxford City Council and Oxford County Council (including emails between internal teams) specifically relating to LTNs, air quality and the words ‘adjustment’ and ‘adjusted’ as you highlighted. The emails we found, whilst not specifically having those terms, did incorporate that theme. What we propose to do now is to expand our search to include all correspondence between Oxford City Council and Oxfordshire County Council relating to: The East Oxford Monitoring and Evaluation snapshot report, LTNs, Air Quality and NO2 without the specific search terms ‘adjustment’ or ‘adjusted’.

Please could you confirm this approach would be satisfactory?

Also, please note that in your original request (our ref. 21865) you refer to the ‘’Cowley ANPR evaluation report’’. The officer report does not address air quality issues. There is mention of Air Quality in the consultation survey report but this was purely highlighting that respondents mentioned air quality in their comments - the report and decision did not consider air quality impacts as the decision was about the method of enforcement rather the principle of the Cowley LTN. Therefore, no air quality analysis was undertaken for this report. I trust this clarifies the issue.

Kind regards

Aron Wisdom
Programme Lead
Transport and Infrastructure
Oxfordshire County Council
Email: [email address]
www.oxfordshire.gov.uk

This email, including attachments, may contain confidential information. If you have received it in error, please notify the sender by reply and delete it immediately. Views expressed by the sender may not be those of Oxfordshire County Council. Council emails are subject to the Freedom of Information Act 2000. email disclaimer<https://www.oxfordshire.gov.uk/emaildisc...>. For information about how Oxfordshire County Council manages your personal information please see our Privacy Notice.<https://www.oxfordshire.gov.uk/council/a...>

Dear Oxfordshire County Council,

I am happy with the approach you suggest. Please continue on that basis.

Also noted on the other point.

Yours faithfully,

Richard Parnham

FOI Team, Oxfordshire County Council

3 Attachments

Dear Mr Parnham
Please find attached response to your Internal Review.

Kind Regards

Lucy

Senior Freedom of Information Officer

Voice of the Customer Team

Customers and Organisational Development

Oxfordshire County Council

Email: [1][email address]

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