Data on the Bat populations along the Preferred Route of the A27 Arundel Bypass, Option 5A.

William Treves made this Freedom of Information request to Highways England Company Limited

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Dear Highways England Company Limited,

Please will you supply me with all the data currently held by Highways England on the Bat populations that have been surveyed along the line of the Preferred Route of the A27 Arundel Bypass, Option 5A.

Such data to include species, numbers, hibernation and maternity roosts, flight-lines etc as established by the latest specialist bat surveys; ecological reports - final, interim or otherwise; legal advice on protection and possible mitigation measures; financial and planning implications.

Many thanks.

Yours faithfully,
William Treves

Highways England, Highways England Company Limited

This is an automated response:

 

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[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]

 

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A27 Arundel Bypass, Highways England Company Limited

3 Attachments

Dear Mr Treves

 

I am writing to confirm that we do hold the information you requested on 5
January 2019 but have decided that some of this information cannot be
disclosed.

 

The information that can be released is data that includes species,
numbers, hibernation and maternity roosts, flight-lines etc. as
established in the latest specialist bat surveys and ecological reports.

 

The relevant list of documents that contains the data requested is as
follows:

 

 1. A27 Arundel - Bat species and consenting issues - PowerPoints
Presentation MAPS
 2. BAT RADIO -TRACKING INTERIM_BASELINE_REPORT
 3. BAT ACTIVITY INTERIM BASELINE SURVEY REPORT
 4. BAT STRUCTURES INTERIM BASELINE SURVEY REPORT
 5. BAT HABITAT AND TREE ROOST INTERIM-BASELINE REPORT
 6. Environmental Assessment Report – chapter 8 Biodiversity (This is an
older version of this document. A new version will be produced as part
of repeating Stage 2 of the project’s lifecycle)

 

Copies of the above documents are attached. However, due to their they
will be sent in subsequent emails.  

 

The information being withheld falls under the exceptions in regulations
12(4)(d), 12(5)(b) and 12(5)(g) ([1]The Environmental Information
Regulations 2004) because the release of incomplete information could
mislead the public due to the incomplete nature of the documents,  the
release of legal advice we have received from our lawyers  would breach
the legal professional privilege and the release of exact roost locations
would adversely affect the protection of the environment. In addition,
under regulation 12(3) all personal information has been redacted.

 

In applying these exceptions, we have had to balance the public interest
in withholding the information against the public interest in disclosure.
The key public interest factors for and against disclosure can be found
below:

 

 

 

EIR A27 Arundel Bypass Exception 12(4)(d)

Material in the course of completion,

unfinished documents and incomplete

data
Factors supporting disclosure Factors supporting non-disclosure
o There is public interest in the o The project team is still in the
work of government being process of analysing information
closely examined to encourage to identify the options and
the discharging of public require appropriate time and a
functions in the most efficient safe space to undertake this work.
and effective way; Disclosing information at this
o There is public interest in the stage would make it difficult to
work of public bodies being bring the process to a proper
transparent and open to conclusion.
scrutiny to increase diligence o Disclosing drafts would mean that
and to protect the public those producing them will be less
purse; frank and candid in giving their
o There is public interest in views or presenting information in
releasing information which future, and so the quality of the
shows the criteria used when advice and information provided to
assessing options to illustrate the project teams would suffer
that the processes used were impacting the quality of decision
fair and appropriate. making.
o There is public interest to o Disclosing incomplete information
understand how and what initial at this time will not enable
surveys and evaluations are meaningful public involvement and
completed during the early debate. In line with Highways
stages of scheme development England’s Project Control
o There is public interest to Framework, a full list of options
evaluate of the overall will be published for public
potential impact of the scheme consultation at a future date for
debate and to help inform a
  preferred route.
o Whilst we recognise the public
  interest in this project, we
strongly believe that the
  incomplete information could
mislead the public due to the
incomplete nature of the
documents. This could cause
unwarranted alarm, requiring a
disproportionate effort by
Highways England to correct that
view.

 

EIR A27 Arundel Bypass Exception 12(5)(b)

The course of justice and inquiries exception

 
Factors supporting disclosure Factors supporting non-disclosure
o There is public interest in the o Legal professional privilege
work of government being closely (LPP) exists to ensure complete
examined to encourage the fairness in legal proceedings.
discharging of public functions LPP protects advice given by a
in the most efficient and lawyer to a client and
effective way; confidential communications
o There is public interest in the between them about that advice.
work of public bodies being o We should ensure that we have
transparent and open to scrutiny genuine ‘without prejudice’
to increase diligence and to negotiations in an attempt to
protect the public purse; secure DCO approval. Disclosure
o There is public interest in of legal advice that we have
releasing information which received would adversely affect
shows the criteria used when the course of our application,
assessing options to illustrate undermining the confidence in the
that the processes used were general principle of ‘without
fair and appropriate. prejudice’ negotiations.
o There is public interest to
understand how and what initial
surveys and evaluations are
completed during the early
stages of scheme development
o There is public interest to
evaluate of the overall
potential impact of the scheme

 

 

 

EIR A27 Arundel Bypass Exception 12(5)(g)

Protection of the environment

 
Factors supporting disclosure Factors supporting non-disclosure
o There is public interest in the o To release the information would
work of government being closely be to release it into the wider
examined to encourage the public domain which does not
discharging of public functions guarantee that information will
in the most efficient and not be used adversely by others.
effective way; o Bats are an endangered and
o There is public interest in the protected species. By publicly
work of public bodies being disclosing their presence at a
transparent and open to scrutiny specific location there is
to increase diligence and to increased risk for disturbance by
protect the public purse. members of the public wishing to
o There is public interest in view them, placing the bats at
releasing information which increased risk of disturbance.
shows the criteria used when o Disturbance of bats is a criminal
assessing options to illustrate offence (punishable by up to 6
that the processes used were months in prison and a £5000 fine
fair and appropriate. – per bat disturbed) so there is
o There is public interest to an argument that, in publicly
understand how and what initial disclosing the requested data, we
surveys and evaluations are could be viewed as contributing
completed during the early to the committing of numerous
stages of scheme development (unintentional and intentional)
o There is public interest to criminal offences, and
evaluate of the overall potentially prosecuted in
potential impact of the scheme relation to that.
o There is a public interest in
disclosing information about  
rare and endangered species as
to do so will increase public
understanding of their plight
and encourage conservation

 

As the A27 Arundel Bypass scheme is in Stage 2 for further consultation,
we are still developing the options, including completing the required
assessments and the resulting proposed mitigations. Therefore we do not
have available information on the current financial implications.

 

If you are unhappy with the way we have handled your request you may ask
for an internal review within 2 months of the date of this response for
Freedom of Information requests and within 40 days for Environmental
Information Regulations requests.      

Our internal review process is available at:
[2]https://www.gov.uk/government/organisati...
 

 

If you require a print copy, please phone the Information Line on 0300 123
5000; or e-mail [3][Highways England request email]. You should contact me if
you wish to complain.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at:

 

           Information Commissioner’s Office

           Wycliffe House

           Water Lane

           Wilmslow

           Cheshire

           SK9 5AF

 

If you have any queries about this letter, please contact us. Please
remember to quote reference number CRS 768,227 in any future
communications.

 

Yours sincerely

 

 

The A27 Arundel Bypass Project Team
Highways England | Bridge House | 1 Walnut Tree Close | Guildford | GU1
4LZ

Web: [4]https://highwaysengland.co.uk/projects/a...

[5]cid:image001.png@01D34F08.D4C48D20

Registered in England and Wales No. 9346363

 

 

show quoted sections

A27 Arundel Bypass, Highways England Company Limited

2 Attachments

Dear Mr Treves

 

Please find attached document no.4a

 

BAT STRUCTURES INTERIM BASELINE SURVEY REPORT

 

Kind regards

 

The A27 Arundel Bypass Project Team
Highways England | Bridge House | 1 Walnut Tree Close | Guildford | GU1
4LZ

Web: [1]https://highwaysengland.co.uk/projects/a...

[2]cid:image001.png@01D34F08.D4C48D20

Registered in England and Wales No. 9346363

 

 

 

 

This email may contain information which is confidential and is intended
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recipient, you are hereby notified that any copying, distribution,
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strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[3]https://www.gov.uk/government/organisati... |
[4][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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4. mailto:[Highways England request email]

A27 Arundel Bypass, Highways England Company Limited

2 Attachments

Dear Mr Treves

 

Please find attached document no.4b

 

BAT STRUCTURES INTERIM BASELINE SURVEY REPORT

 

Kind regards

 

The A27 Arundel Bypass Project Team
Highways England | Bridge House | 1 Walnut Tree Close | Guildford | GU1
4LZ

Web: [1]https://highwaysengland.co.uk/projects/a...

[2]cid:image001.png@01D34F08.D4C48D20

Registered in England and Wales No. 9346363

 

 

 

 

This email may contain information which is confidential and is intended
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Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[3]https://www.gov.uk/government/organisati... |
[4][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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4. mailto:[Highways England request email]

A27 Arundel Bypass, Highways England Company Limited

2 Attachments

Dear Mr Treves

 

Please find attached document no.3a

 

BAT ACTIVITY INTERIM BASELINE SURVEY REPORT

 

Kind regards

 

The A27 Arundel Bypass Project Team
Highways England | Bridge House | 1 Walnut Tree Close | Guildford | GU1
4LZ

Web: [1]https://highwaysengland.co.uk/projects/a...

[2]cid:image001.png@01D34F08.D4C48D20

Registered in England and Wales No. 9346363

 

 

 

 

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
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strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[3]https://www.gov.uk/government/organisati... |
[4][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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4. mailto:[Highways England request email]

A27 Arundel Bypass, Highways England Company Limited

2 Attachments

Dear Mr Treves

 

Please find attached document no.3b

 

BAT ACTIVITY INTERIM BASELINE SURVEY REPORT

 

Kind regards

 

The A27 Arundel Bypass Project Team
Highways England | Bridge House | 1 Walnut Tree Close | Guildford | GU1
4LZ

Web: [1]https://highwaysengland.co.uk/projects/a...

[2]cid:image001.png@01D34F08.D4C48D20

Registered in England and Wales No. 9346363

 

 

 

 

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[3]https://www.gov.uk/government/organisati... |
[4][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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4. mailto:[Highways England request email]

A27 Arundel Bypass, Highways England Company Limited

2 Attachments

Dear Mr Treves

 

Please find attached document no.3c

 

BAT ACTIVITY INTERIM BASELINE SURVEY REPORT

 

Kind regards

 

The A27 Arundel Bypass Project Team
Highways England | Bridge House | 1 Walnut Tree Close | Guildford | GU1
4LZ

Web: [1]https://highwaysengland.co.uk/projects/a...

[2]cid:image001.png@01D34F08.D4C48D20

Registered in England and Wales No. 9346363

 

 

 

 

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
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strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[3]https://www.gov.uk/government/organisati... |
[4][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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4. mailto:[Highways England request email]

A27 Arundel Bypass, Highways England Company Limited

2 Attachments

  • Attachment

    image001.jpg

    5K Download

  • Attachment

    1a.REDACTED A27 Arundel Bat species and consenting issues Powerpoint Presentation MAPS Redacted.pdf

    12.2M Download View as HTML

Dear Mr Treves

 

Please find attached document no.1a

 

A27 Arundel - Bat species and consenting issues - PowerPoints Presentation
MAPS

 

Kind regards

 

The A27 Arundel Bypass Project Team
Highways England | Bridge House | 1 Walnut Tree Close | Guildford | GU1
4LZ

Web: [1]https://highwaysengland.co.uk/projects/a...

[2]cid:image001.png@01D34F08.D4C48D20

Registered in England and Wales No. 9346363

 

 

 

 

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[3]https://www.gov.uk/government/organisati... |
[4][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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4. mailto:[Highways England request email]

A27 Arundel Bypass, Highways England Company Limited

2 Attachments

  • Attachment

    image001.jpg

    5K Download

  • Attachment

    1b.REDACTED A27 Arundel Bat species and consenting issues Powerpoint Presentation MAPS Redacted.pdf

    10.7M Download View as HTML

Dear Mr Treves

 

Please find attached document no.1b

 

A27 Arundel - Bat species and consenting issues - PowerPoints Presentation
MAPS

 

Kind regards

 

The A27 Arundel Bypass Project Team
Highways England | Bridge House | 1 Walnut Tree Close | Guildford | GU1
4LZ

Web: [1]https://highwaysengland.co.uk/projects/a...

[2]cid:image001.png@01D34F08.D4C48D20

Registered in England and Wales No. 9346363

 

 

 

 

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[3]https://www.gov.uk/government/organisati... |
[4][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

Consider the environment. Please don't print this e-mail unless you really
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4. mailto:[Highways England request email]

A27 Arundel Bypass, Highways England Company Limited

2 Attachments

  • Attachment

    image001.jpg

    5K Download

  • Attachment

    1c.REDACTED A27 Arundel Bat species and consenting issues Powerpoint Presentation MAPS Redacted.pdf

    9.4M Download View as HTML

Dear Mr Treves

 

Please find attached document no.1c

 

A27 Arundel - Bat species and consenting issues - PowerPoints Presentation
MAPS

 

Kind regards

 

The A27 Arundel Bypass Project Team
Highways England | Bridge House | 1 Walnut Tree Close | Guildford | GU1
4LZ

Web: [1]https://highwaysengland.co.uk/projects/a...

[2]cid:image001.png@01D34F08.D4C48D20

Registered in England and Wales No. 9346363

 

 

 

 

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[3]https://www.gov.uk/government/organisati... |
[4][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

Consider the environment. Please don't print this e-mail unless you really
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4. mailto:[Highways England request email]

A27 Arundel Bypass, Highways England Company Limited

2 Attachments

Dear Mr Treves

 

Please find attached document no.2a

 

BAT RADIO -TRACKING INTERIM_BASELINE_REPORT

 

Kind regards

 

The A27 Arundel Bypass Project Team
Highways England | Bridge House | 1 Walnut Tree Close | Guildford | GU1
4LZ

Web: [1]https://highwaysengland.co.uk/projects/a...

[2]cid:image001.png@01D34F08.D4C48D20

Registered in England and Wales No. 9346363

 

 

 

 

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[3]https://www.gov.uk/government/organisati... |
[4][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

Consider the environment. Please don't print this e-mail unless you really
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4. mailto:[Highways England request email]

Alan Feist, Highways England Company Limited

2 Attachments

A27 Arundel Bypass 

--------------------------------------------------------------------------

Alan Feist ([email address], Highways England) has sent
you [1]HE551523-ISSUE-HEX-0016 (Document Transmittal) from at 09:43 on
05/02/2019.

Space:
A27 Arundel Bypass

Name:
[2]HE551523-ISSUE-HEX-0016

Reason for issue:
For Information

Description:

 

Dear Mr Treves

 

Highways England Response: EIR Request

 

 

 

Please find attached document no.2

 

 

 

BAT RADIO -TRACKING INTERIM_BASELINE_REPORT

 

 

 

Kind regards

 

 

 

Alan Feist

 

 

 

Programme Leader

 

Regional Investment Programme
Highways England | Bridge House | 1 Walnut Tree Close | Guildford
| GU1 4LZ

 

Web:
[3]https://highwaysengland.co.uk/projects/a...

 

Notes:
 

You do not need to respond to this issue

[4][IMG]

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Issue detail:

From
Alan Feist (alan.feist,HEX)

Server:

Space:
A27 Arundel Bypass

Type:
ISSUE (Document Transmittal)

Issued documents:
1 document on the issue (1 included)

Name:
HE551523-ISSUE-HEX-0016

Description:

 

Dear Mr Treves

 

Highways England Response: EIR Request

 

 

 

Please find attached document no.2

 

 

 

BAT RADIO -TRACKING INTERIM_BASELINE_REPORT

 

 

 

Kind regards

 

 

 

Alan Feist

 

 

 

Programme Leader

 

Regional Investment Programme
Highways England | Bridge House | 1 Walnut Tree Close | Guildford
| GU1 4LZ

 

Web:
[6]https://highwaysengland.co.uk/projects/a...

 

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