Dear Kirklees Borough Council,

I understand the council have recently engaged a consultant to work on the public inquiry into the modification order on Huddersfield Byway 231. Please can you detail the costs of this consultant?

The new consultant described above is recommending that the modification order is amended to define the route as a footpath not a bridleway. This conflicts with the findings of the report commissioned by Kirklees from Leeds City Council at a cost of some £10,000. If the findings of the Leeds report were wrong will Kirklees get the £10,000 refunded?

Can you provide information you hold which shows how the findings of the Leeds report have been proved wrong and the subsequent committee approval for changing the original committee decision to support an order for a bridleway for a decision supporting a footpath?

Yours faithfully,

ALeader

Freedom Info, Kirklees Borough Council

Dear Mr Leader

18544 - Huddersfield Byway 231 Cost of consultant

I confirm receipt of your information request and that we are dealing with this and will respond to you in due course.

If you are not content with the handling of your request, you have the right to ask for an internal review. Requests for internal reviews should be addressed to the Monitoring Officer, 1st Floor, Civic Centre 3, Market Street, Huddersfield HD1 2EY. Alternatively, you can send an email to: [email address].

Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of any review you have the right under section 50 of the 2000 Act to apply to the Information Commissioner for a decision as to whether your request for information has been dealt with in accordance with the requirements of the Act. The Information Commissioner’s website is at www.ico.org.uk and gives more information about the role and duties of the Commissioner. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Regards

Information Governance Team
The Democracy Service
Civic Centre 3, High Street, Huddersfield, HD1 2TG
Telephone: 01484 221000 (voice activated switchboard – please ask for Freedom of Information)

This email and any attachments are confidential. If you have received it in error - notify the sender immediately, delete it from your system, and do not use, copy or disclose the information in any way. Kirklees Council monitors all emails sent or received.

show quoted sections

Freedom Info, Kirklees Borough Council

Dear Mr Leader

RE: 18544 - Huddersfield Byway 231 Cost of consultant

I am writing in response to your request dated 2 November 2018 . This has been dealt with under the Environmental Information Regulations 2004.

The Council's response to your questions is set out below:

I understand the council have recently engaged a consultant to work on the public inquiry into the modification order on Huddersfield Byway 231. Please can you detail the costs of this consultant?

Not currently known as the consultant may have further work to do.

The new consultant described above is recommending that the modification order is amended to define the route as a footpath not a bridleway. This conflicts with the findings of the report commissioned by Kirklees from Leeds City Council at a cost of some £10,000. If the findings of the Leeds report were wrong will Kirklees get the £10,000 refunded?

This is not correct, the determination is a bridleway

Can you provide information you hold which shows how the findings of the Leeds report have been proved wrong and the subsequent committee approval for changing the original committee decision to support an order for a bridleway for a decision supporting a footpath?

Not applicable - see previous question

If you are not content with the handling of your request, you have the right to ask for an internal review. Requests for internal reviews should be submitted within 40 working days of the date of receipt of the response to your original request and should be addressed to the Monitoring Officer, 1st Floor, Civic Centre 3, Market Street, Huddersfield HD1 2EY. Alternatively, you can send an email to: [email address].

Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of any review you have the right under section 50 of the 2000 Act to apply to the Information Commissioner for a decision as to whether your request for information has been dealt with in accordance with the requirements of the Act. The Information Commissioner’s website is at www.ico.org.uk and gives more information about the role and duties of the Commissioner. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours sincerely

Information Governance Team
The Democracy Service
Telephone: 01484 221000 (voice activated switchboard – please ask for Freedom of Information)

This email and any attachments are confidential. If you have received it in error - notify the sender immediately, delete it from your system, and do not use, copy or disclose the information in any way. Kirklees Council monitors all emails sent or received.

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Dear Kirklees Borough Council,

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

I am writing to request an internal review of Kirklees Borough Council's handling of my FOI request 'Huddersfield Byway 231 Cost of consultant'.

Thank you for your response.

Your response is somewhat disingenuous and you have not offered me any advice refining or better defining my request. Kirklees Council must have a budget for the consultant and must know how much time has been spent on the matter to date. Or is it the case that Kirklees Council hires consultants and does not monitor or budget for their costs? Did the consultant not quote for this work?Either way I feel the council tax payers of Kirklees should know what these costs are and why they are being incurred.

Secondly the statement of reasons submitted by Kirklees to the planning inspectorate was seeking confirmation of the order with modifications to a footpath not bridleway. Why would the council pretend otherwise? It was only on the advise of a barrister(at more expense) that the councils position changed yet again. Is the council denying this happened?Please release all the information you hold on this matter which demonstrates to the public your decision making processes and costs.

This matter is of public interest as it demonstrates Kirklees Council is not fit for purpose in dealing with these issues and the information you are withholding would show at least some of the costs the public are being made to pay.

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

Yours faithfully,

ALeader

Monitoring Officer, Kirklees Borough Council

Dear Mr Leader

 

Freedom of Information/Environmental Information Regulations 2004

Request for Review

 

I refer to your email dated 27 November 2018 addressed to the Freedom of
Information team.

 

The Council aims to process requests for any review of the handling of
Freedom of Information and we will endeavour to provide this within 20
working days and certainly before the 40 working day deadline.  Ms
Muscroft will write to you when the review has been completed.  If you
wish to provide any further information to assist Ms Muscroft with her
conduct of the review you are welcome to do so. 

 

The Information Commissioner's website at [1]www.ico.org.uk sets out
detailed information about his role, the operation of the Freedom of
Information Act and includes the Commissioner's detailed guidance.

 

Yours sincerely

 

 

 

Julie Muscroft

Monitoring Officer

Legal, Governance & Commissioning (Monitoring Officer)

1^st Floor

Civic Centre III

Huddersfield  HD1 2EY

 

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Dear Monitoring Officer,

Thank you for contacting me. My request relates to Kirklees Council's statement of case for the public inquiry in January 2019 into a modification order on Huddersfield Byway 231. The statement of case changes the decision of the Huddersfield Planning sub committee made in November 2017 authorising the making and seeking confirmation of an order for bridleway status to one of footpath status. Specifically I wished to know on what authority this change was made? Normally it is council committees which give authority for the making of legal orders not consultants as would seem to be the case in this change.

Secondly it would seem that the long and expensive report Kirklees Council commissioned from Leeds City Council came to an incorrect conclusion. If so what is the possibility of Kirklees Council recovering at least some of the costs relating to this?

Thirdly the costs of this case to date are considerable and the way Kirklees Council has dealt with it unusual. It is in the public interest to be transparent regarding the costs of the new consultant which should be made public. To say the council does know what these costs are is not a plausible answer.

The original response to my request ignores these points completely but the evidence of the Huddersfield Planning sub committees decision in November 2017 and the change of that decision "on advice" in the council's statement of case are plain to see and deserve an explanation.

I am aware that since my original request the council has taken further advice from a barrister and has changed position again. I have submitted a further request asking for the costs of this to be made public.

Clearly this is an expensive and inefficient way to operate and it undermines the council's own committee decision making process, its own case which it will put to the public inquiry in january 2019 and public confidence in the process.

I think it deserves a full and public explanation.

Yours sincerely,

ALeader

John Chapman, Kirklees Borough Council

1 Attachment

Dear Mr Leader

 

Please find attached  a letter in relation to the above FOI request.

 

Yours sincerely

 

John Chapman

Head of Legal Services

Kirklees Council

01484 221000

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This email and any attachments are confidential. If you have received this
email in error – please notify the sender immediately, delete it from your
system, and do not use, copy or disclose the information in any way.
Kirklees Council monitors all emails sent or received.

References

Visible links
1. http://www.kirklees.gov.uk/
2. https://www.kirklees.gov.uk/
3. http://www.kirkleestogether.co.uk/
4. http://www.kirklees.gov.uk/stayconnected
5. https://www.facebook.com/liveinkirklees
6. https://twitter.com/KirkleesCouncil

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