Highways Act Section 56 or similar notices

C Mitchell made this Freedom of Information request to Derbyshire County Council

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

The request was successful.

Dear Derbyshire County Council,
Please provide details of all Section 56 notices received by the Authority in the last 3 years, in respect of green lanes, byways or unclassified roads in the county. This includes any notice(s) or allegation(s) by any person, that a highway is out of repair, and the Authority's response(s) to such notices. Please include any related internal correspondence or internal legal advice that the Authority has made in respect of such notices or allegations, and details of any external responses or correspondence made or received by the Authority. I would expect this information to include details of any subsequent plans to repair such highways as a result of such notices, and/or details of any traffic regulation orders or route closures planned or enacted as a result of such notices.
Thank you for your assistance.
Yours faithfully,
C Mitchell
for Green Lane Association

Access 2 Info (Corporate Resources), Derbyshire County Council

Dear C. Mitchell

I write to acknowledge receipt of your request for information received on the 25 October 2017.

We will be processing your request under the Freedom of Information Act 2000. In accordance with the legislation, the deadline for responding is 20 working days from the receipt of the request, this being 22 November 2017. However, we shall endeavour to deal with your request promptly, and if possible before this date.

Yours Sincerely,

Justin Hird
Legal Assistant
For John McElvaney
Director of Legal Services
Derbyshire County Council
County Hall
Matlock
DE4 3AG

Telephone: 01629 539336

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Access 2 Info (Corporate Resources), Derbyshire County Council

Access 2 Info (Corporate Resources) would like to recall the message, "FOI Request 877-17 Mitchell DL: 22/11/2017".
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Access 2 Info (Corporate Resources), Derbyshire County Council

Dear C. Mitchell

I write to acknowledge receipt of your request for information received on the 25 October 2017.

We will be processing your request under the Environmental Information Regulations 2004. In accordance with the legislation, the deadline for responding is 20 working days from the receipt of the request, this being 22 November 2017. However, we shall endeavour to deal with your request promptly, and if possible before this date.

Yours Sincerely,

Justin Hird
Legal Assistant
For John McElvaney
Director of Legal Services
Derbyshire County Council
County Hall
Matlock
DE4 3AG

Telephone: 01629 539336

PUBLIC – This email includes information which is not personal.

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Derbyshire County Council works to improve the lives of local people by delivering high quality services. You can find out more about us by visiting 'www.derbyshire.gov.uk'. If you want to work for us go to our job pages on 'www.derbyshire.gov.uk/jobs'. You can register for e-mail alerts, download job packs and apply on-line.

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ETC FOI_EIR (Economy Transport and Environment), Derbyshire County Council

Controlled

 

Minicom:        01629 533240

Email:             [1][email address]

Telephone:    01629 539307

Ask for:           Business Services Officer, Access to Information

Our ref:           ES 5881

 

 

Dear Mr/Ms Mitchell

 

Thank you for your request dated 25 October 2017.

 

Your enquiry was as follows:

 

Please provide details of all Section 56 notices received by the Authority
in the last 3 years, in respect of green lanes, byways or unclassified
roads in the county. This includes any notice(s) or allegation(s) by any
person, that a highway is out of repair, and the Authority's response(s)
to such notices.  Please include any related internal correspondence or
internal legal advice that the Authority has made in respect of such
notices or allegations, and details of any external responses or
correspondence made or received by the Authority.  I would expect this
information to include details of any subsequent plans to repair such
highways as a result of such notices, and/or details of any traffic
regulation orders or route closures planned or enacted as a result of such
notices.

 
Please see the below Environmental Information Regulations 2004 response:

 

We are continuing to look into what we can supply for your request but
under the following sections of the above regulation –

 

12(4)(d) Incomplete Data – this work is still ongoing and in progress, the
information is ongoing and officers have identified the need to be allowed
to complete the work without interruption and outside interference.  There
is also a need to have some protection from having to spend time and
resources explaining or justifying ideas that may not be what are used to
make the final decision.  If is therefore not felt to be in the interest
of the general public to make the data available until a final decision is
made, due to the possible distress that might be felt by some members of
the public at what may not actually be what is the final decision.

 

12(4)(b) Manifestly Unreasonable – the data is held in a format whereby it
would require all records to be searched as the specific information being
requested is not actually logged as such. As it stands we have estimated
that as the entire database would need to be searched for the three year
period, consisting of over 268,000 records at one minute per record, which
equates to 4,467 hours.

 

You may wish to consider amending your request, ie limit the time period
or limit to a particular path or paths.

 

I hope this now satisfies your request.

 

However should you require a review of the response you have received to
your FOI/EIR request, please follow the procedure as set out below:-

 

Stage 1:

 

If you wish to challenge the response, please send your comments to, and
wherever possible, a copy of your request and the covering letter
enclosing the information or refusing your request to:

 

Access to Information Solicitor

Legal Services

Derbyshire County Council

County Hall

Matlock

DE4 3AG

 

Email: [2][Derbyshire County Council request email]

 

Stage 2:

 

After completing the above procedure, if you wish to challenge the
decision further, then you have a right to contact the Information
Commissioner’s Office as follows:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

         

Telephone: Tel: 0303 123 1113/Fax: 01625 524510

ICO Weblink: [3]http://www.ico.gov.uk/complaints.aspx

 

Should you have further questions or queries, please do not hesitate to
get in contact. 

 

Yours sincerely

 

Business Services Officer

Access to Information

Economy, Transport and Environment

 

 

 

 

 

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email requires controlled access by Council personnel and / or intended
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information.

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this email?

Derbyshire County Council works to improve the lives of local people by
delivering high quality services. You can find out more about us by
visiting 'www.derbyshire.gov.uk'. If you want to work for us go to our job
pages on 'www.derbyshire.gov.uk/jobs'. You can register for e-mail alerts,
download job packs and apply on-line.

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References

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2. mailto:[Derbyshire County Council request email]
3. http://www.ico.gov.uk/complaints.aspx

Dear ETC FOI_EIR (Economy Transport and Environment),

I acknowledge with thanks your response to my request. It is evident that the scope of my request was too wide to enable a practical and timely response in the circumstances, so I am content to amend my request to limit the scope of my question as follows:

Please provide details of any current Section 56 notices received by the Authority in respect of Minninglow Lane/Gallowlow Lane (grid square SK 21 56), Hurstclough Lane (SK 21 82), or Bamford Clough (SK 21 83). This to include notice(s) or allegation(s) that the highway is out of repair, and the Authority's response(s) to date to such notices. Please include any directly related amendments or further correspondence received to date by the Authority from the originator(s) of the subject notices. It is accepted that any private information (e.g. addresses or phone numbers of applicants) contained in these documents may be redacted.

I trust that this reduced scope of my original request can now be dealt with more simply, from current files, without undue delay or time consuming searches. There is no need to wait until a notice is fully satisfied or repairs completed.

Yours sincerely,

C Mitchell

ETC FOI_EIR (Economy Transport and Environment), Derbyshire County Council

Controlled

 

Acknowledgement

 

Dear Mr/Ms Mitchell

 

Thank you for your enquiry, which we received on the 22 November 2017.

 

We will be dealing with your request under the terms of the Freedom of
Information Act 2000 and/or Environmental Information Regulations 2004 as
appropriate.

 

In accordance with the above, the deadline for replying to you is 20
working days from receipt of your request, this being the 21 December
2017. However, we will endeavour to deal with your request promptly and,
if possible, before this date.

  

Yours sincerely

 

Business Services Officer

Access to Information

Economy, Transport and Environment

 

 

 

This email or email thread section has been classified CONTROLLED - This
email requires controlled access by Council personnel and / or intended
recipient(s) only. This email may contain business or personal
information.

Think before you print! Save energy and paper. Do you really need to print
this email?

Derbyshire County Council works to improve the lives of local people by
delivering high quality services. You can find out more about us by
visiting 'www.derbyshire.gov.uk'. If you want to work for us go to our job
pages on 'www.derbyshire.gov.uk/jobs'. You can register for e-mail alerts,
download job packs and apply on-line.

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ETC FOI_EIR (Economy Transport and Environment), Derbyshire County Council

4 Attachments

Controlled

 

Minicom:        01629 533240

Email:             [1][email address]

Telephone:    01629 539307

Ask for:           Business Services Officer, Access to Information

Our ref:           ES 5881

 

 

Dear Mr/Ms Mitchell

 

Thank you for your request dated 25 October 2017 and clarification
received 22 November 2017.

 

Your enquiry was as follows:

 

Please provide details of all Section 56 notices received by the Authority
in the last 3 years, in respect of green lanes, byways or unclassified
roads in the county. This includes any notice(s) or allegation(s) by any
person, that a highway is out of repair, and the Authority's response(s)
to such notices.  Please include any related internal correspondence or
internal legal advice that the Authority has made in respect of such
notices or allegations, and details of any external responses or
correspondence made or received by the Authority.  I would expect this
information to include details of any subsequent plans to repair such
highways as a result of such notices, and/or details of any traffic
regulation orders or route closures planned or enacted as a result of such
notices.

 

Clarification:

 

I acknowledge with thanks your response to my request. It is evident that
the scope of my request was too wide to enable a practical and timely
response in the circumstances, so I am content to amend my request to
limit the scope of my question as follows:

 

Please provide details of any current Section 56 notices received by the
Authority in respect of Minninglow Lane/Gallowlow Lane (grid square SK 21
56), Hurstclough Lane (SK 21 82), or Bamford Clough (SK 21 83). This to
include notice(s) or allegation(s) that the highway is out of repair, and
the Authority's response(s) to date to such notices. Please include any
directly related amendments or further correspondence received to date by
the Authority from the originator(s) of the subject notices.  It is
accepted that any private information (e.g. addresses or phone numbers of
applicants) contained in these documents may be redacted.

 

I trust that this reduced scope of my original request can now be dealt
with more simply, from current files, without undue delay or time
consuming searches. There is no need to wait until a notice is fully
satisfied or repairs completed.

 

Please see the below Freedom of Information Act 2000 / Environmental
Information Regulations 2004 response:

 

Attached are four such Notices.

 

NB: Some of the personal third party data contained within the information
has been redacted under Regulation 12(3) and Regulation 13(1) Personal
Data: because this is the personal data of named individuals or could lead
to the personal data of named individuals being uncovered who did not
necessarily consent to their details being released at the time it was
given to the council. Consideration has been given as to whether it would
be in the interest of the general public for this information to be
released and the decision has been taken that it would not and it is
therefore withheld for the reason stated.

 

I hope this now satisfies your request.

 

However should you require a review of the response you have received to
your FOI/EIR request, please follow the procedure as set out below:-

 

Stage 1:

 

If you wish to challenge the response, please send your comments to, and
wherever possible, a copy of your request and the covering letter
enclosing the information or refusing your request to:

 

Access to Information Solicitor

Legal Services

Derbyshire County Council

County Hall

Matlock

DE4 3AG

 

Email: [2][Derbyshire County Council request email]

 

Stage 2:

 

After completing the above procedure, if you wish to challenge the
decision further, then you have a right to contact the Information
Commissioner’s Office as follows:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

         

Telephone: Tel: 0303 123 1113/Fax: 01625 524510

ICO Weblink: [3]http://www.ico.gov.uk/complaints.aspx

 

Should you have further questions or queries, please do not hesitate to
get in contact. 

 

Yours sincerely

 

Business Services Officer

Access to Information

Economy, Transport and Environment

 

 

 

 

 

This email or email thread section has been classified CONTROLLED - This
email requires controlled access by Council personnel and / or intended
recipient(s) only. This email may contain business or personal
information.

Think before you print! Save energy and paper. Do you really need to print
this email?

Derbyshire County Council works to improve the lives of local people by
delivering high quality services. You can find out more about us by
visiting 'www.derbyshire.gov.uk'. If you want to work for us go to our job
pages on 'www.derbyshire.gov.uk/jobs'. You can register for e-mail alerts,
download job packs and apply on-line.

show quoted sections

References

Visible links
1. mailto:[email address]
2. mailto:[Derbyshire County Council request email]
3. http://www.ico.gov.uk/complaints.aspx