Dear Folkestone & Hythe District Council,

Please provide me with copies of all the advice (including related emails and notes of any telephone conversations) provided by the ecologist (Lloyd Bore) in relation to the clearance of trees and vegetation currently being carried out on the north side of the Royal Military Canal. Please include the evidence used to identify the area(s) to be cleared and the justification for the number of trees to be cut down. Please also include the results of any ecological surveys carried out on those areas prior to the work commencing.

Yours faithfully,

Lesley Whybrow

Information Governance, Folkestone & Hythe District Council

Thank you for your information access request. A reference number has been
assigned to your enquiry which can be found in the subject line.

A case officer will review this matter shortly. We will endeavour to
supply any information you have requested promptly and within the
requisite 20 working days. If we think that it will take longer, we will
contact you.

Please ensure you leave the subject line in any correspondence, and
respond to the most recent item of correspondence relating to your case.
This will enable us to locate your request and respond appropriately.

For additional information about how your personal data will be used
please see the access to information privacy notice.

The contents and any attachments of this e-mail message are confidential
and intended only for the named addressees. If you have received it in
error, please advise the sender immediately by return email and then
delete it from your system. Any unauthorised distribution or copying of
this transmission, or misuse or wrongful disclosure of information
contained in it, is strictly prohibited. Folkestone & Hythe District
Council cannot accept liability for any statements made which are clearly
the sender's own and not expressly made on behalf of the council. All
email to and from the council may be monitored in accordance with the
council's policies. Folkestone & Hythe District Council is registered with
the ICO as a data controller. Our privacy notice at
[1]www.folkestone-hythe.gov.uk/privacy explains how we use and share
personal information and protect your privacy and rights

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References

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Information Officer Case Management, Folkestone & Hythe District Council

1 Attachment

  • Attachment

    32687 EIR Ecologist Advice REDACTED v2 pdf.html

    0K Download

Dear Lesley Whybrow,

I am writing in respect of your information access enquiry dated the 6^th
March 2021. This request has been handled under the Environmental
Information Regulations 2004. 

Please accept our sincere apologies that your request was not dealt with
within the statutory timeframe and we thank you for your patience in this
matter.
 

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Your Request:
Please provide me with copies of all the advice (including related emails
and notes of any telephone conversations) provided by the ecologist (Lloyd
Bore) in relation to the clearance of trees and vegetation currently being
carried out on the north side of the Royal Military Canal. Please include
the evidence used to identify the area(s) to be cleared and the
justification for the number of trees to be cut down. Please also include
the results of any ecological surveys carried out on those areas prior to
the work commencing.

Our Response:
Please find attached information in response to your request.
 

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

The contents of this request are subject to re-use under the terms of the
[1]Open Government Licence unless otherwise specified. Publications
relying on this data must be attributed accordingly. Where released
materials are subject to 3^rd party copyright or intellectual property
rights, rights to attribution and re-use remain vested in the holder.
 
Personal data disclosed in conjunction with an information access request
is provided in compliance with the Council’s legal obligations. This
disclosure does not provide consent for direct marketing under the Privacy
and Electronic Communications Regulations (PECR), and should not be
construed as such.

Should you require any further information, or if you are not satisfied
with our response, please do not hesitate to contact me. You may also
request an internal review by writing to the following address:
[2][email address]

Following this, if you are not satisfied with the internal review response
you may apply to the [3]Information Commissioner for an independent review
at the following address: [4][email address]

Kind regards,

Case Management (Corporate Services)
Information Governance
Folkestone & Hythe District Council
Email: [5][Folkestone & Hythe District Council request email]
Website: [6]Home | [7]FOI and Data | [8]Privacy
Follow us on [9]Twitter and [10]Facebook

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References

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1. http://www.nationalarchives.gov.uk/doc/o...
2. mailto:[email address]
3. http://www.ico.org.uk/
4. mailto:[email address]
5. mailto:[Folkestone & Hythe District Council request email]
6. http://www.folkestone-hythe.gov.uk/
7. https://www.folkestone-hythe.gov.uk/your...
8. https://www.folkestone-hythe.gov.uk/medi...
9. http://www.twitter.com/shepwaydc
http://www.twitter.com/shepwaydc
10. http://www.facebook.com/shepwaydistrictc...
http://www.facebook.com/shepwaydistrictc...

Dear Folkestone & Hythe District Council,

Thank you for responding to my request but you have not provided me with a justification for the number of trees to be cut down nor the result of any ecological survey carried out before the work . If these do not exist then please say so.

Can you please explain why the email from Tim Madden to the ecologist prompting her response sent at 17.22 on 8th March has not been included?

I would also be grateful if you can explain why the letter from Lloyd Bore dated 8 Jan 2021 ended with the words "as we are now already well into February".

Please consider this a request for an internal review of Folkestone & Hythe District Council's handling of my FOI request 'Ecologist 's Advice'.

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

Yours faithfully,

Lesley Whybrow

Information Governance, Folkestone & Hythe District Council

Thank you for your information access request. A reference number has been
assigned to your enquiry which can be found in the subject line.

A case officer will review this matter shortly. We will endeavour to
supply any information you have requested promptly and within the
requisite 20 working days. If we think that it will take longer, we will
contact you.

Please ensure you leave the subject line in any correspondence, and
respond to the most recent item of correspondence relating to your case.
This will enable us to locate your request and respond appropriately.

For additional information about how your personal data will be used
please see the access to information privacy notice.

The contents and any attachments of this e-mail message are confidential
and intended only for the named addressees. If you have received it in
error, please advise the sender immediately by return email and then
delete it from your system. Any unauthorised distribution or copying of
this transmission, or misuse or wrongful disclosure of information
contained in it, is strictly prohibited. Folkestone & Hythe District
Council cannot accept liability for any statements made which are clearly
the sender's own and not expressly made on behalf of the council. All
email to and from the council may be monitored in accordance with the
council's policies. Folkestone & Hythe District Council is registered with
the ICO as a data controller. Our privacy notice at
[1]www.folkestone-hythe.gov.uk/privacy explains how we use and share
personal information and protect your privacy and rights

ref:_00D1tqGSL._5002o2iNago:ref

References

Visible links
1. file:///tmp/www.folkestone-hythe.gov.uk/privacy

Dear Information Officer Case Management,

Further to my earlier letter requesting a review will you please explain why part of the email from Lloyd Bore dated 25 Feb has been redacted?

Kind regards

Yours sincerely,

Lesley Whybrow

Information Officer Case Management, Folkestone & Hythe District Council

Dear Cllr Whybrow 

Thank you for your email dated 22nd April 2021 requesting an internal
review of your request for information. This request was processed
according to the Environmental Information Regulations 2004.

In reviewing this case, I have considered the disclosed materials and the
specific queries you raised. It is my view that the original response was
correct, and the Council has disclosed all relevant held materials
relating to your request.

I have set out my response below: 
 
1) Provision of pre-inspection reports: 
No copies of an ecological survey, or further reports that set out a
specific number of trees to be felled are held in respect of the works.

I have been advised that prior to works commencing a visual inspection was
completed by the ecologist, with a verbal report to relevant staff
members.

This was not compiled into a written report as there was no requirement to
do so. Due to this, no further recorded information is held as defined
under the Regulations. 
 
2) Provision of Tim Madden's email dated 8th Mar 2021:
The scope of your original request was for the provision of advice issued
by the ecologist (in any format) to the Council.

The identified correspondence from Tim Madden addressed to the ecologist
fell outside the bounds of your request and did not constitute provided
advice or notes regarding the same.

Due to this, the material was removed from the disclosed information as it
was not relevant to the request.  

3) Date of Lloyd Bore letter marked 8th Jan 2021:
The letter in question was circulated to Council officers on 10th February
2021 and dated in the header as 8th January 2021. This copy was
provided as it was originally recorded. 

It is probable that the author entered the wrong month in the date field
by accident while preparing the note. Dates in February are recorded on
all subsequent copies of the note that were provided in the disclosure. 
 
4) Redaction of elements within the Lloyd Bore email dated 25th Feb 2021: 
The removed passage from the email related to potential works to be
carried out on another site. This material was redacted as it did not fall
within the scope of your request which was limited to the ecological works
situated on the north bank of the Royal Military Canal.

Consequently the redacted material was not considered to be relevant and
was excluded from the response. Despite this, the material is not exempt
and we are happy to disclose it to you should you wish to review it.
In response to this review, care will be taken in future to annotate
out-of-scope materials to make it explicitly clear that they are not being
withheld on the basis of an applicable exemption. 

Should you have any remaining questions or concerns please do not hesitate
to contact me. Alternately, if you are not satisfied with our response you
may apply to the Information Commissioner for an independent review at the
following address:
 
The Information Commissioner 
Wyncliffe House, Water Lane 
Wilmslow, Cheshire, SK9 5AF

Web: [1]https://ico.org.uk/make-a-complaint/offi...
 
Yours sincerely
Jamie Naylor
Specialist Officer (FOI)
Folkestone & Hythe District Council.
Email: [2][Folkestone & Hythe District Council request email]
Website: [3]Home | [4]FOI and Data | [5]Privacy
Follow us on [6]Twitter and [7]Facebook

show quoted sections

Dear Information Officer Case Management,

Thank you.

I would be grateful if you would let me have the unrelated information please.

Yours sincerely,

Lesley Whybrow