Leith Walk road condition following tram works

Glenn Faulkner made this Freedom of Information request to City of Edinburgh Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear City of Edinburgh Council,

What action is being taken against the contractors for the appalling condition Leith Walk was left in at road junctions and other areas as a result of works done on utility supply infrastructure in preparation for the now none-existent tram route?

The contractors works were completed some years ago yet only now are patchy remedial work is being carried out inn odd parts of the Walk yet the Foot of the Walk remains untouched.

Yours faithfully,

Glenn Faulkner

Freedom of Information, City of Edinburgh Council

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City of Edinburgh Council

Mr Glenn Faulkner

[FOI #215823 email]

Our ref: 3821

Dear Mr Faulkner

Environmental Information (Scotland) Regulations 2004 - Request for Information

Subject: Leith Walk road condition following tram works

Thank you for your request for information which was received on 10/06/2014. Your request is being dealt with under the Environmental Information (Scotland) Regulations 2004.

You will receive the information requested within 20 working days unless the Council does not hold the information, or there is a reason for it to be withheld. We will write to you in any event.

In some circumstances a fee may be payable and if that is the case we will let you know. A fees notice will be issued to you. If you agree to pay the fee an invoice will be sent to you and the information will be provided.

If you have any requirements regarding the format any information should be supplied in, e.g. the language to be used, audio, large print and so on, then please let me know.

If you have any queries or concerns, do not hesitate to get in touch. Please remember to quote the above reference number in any future communications.

To promote transparency and accountability, please note it is the Council’s policy to publish all request details and responses made under the freedom of information legislation. This information will be made available through the Council’s website and will not include your personal details. The disclosure log is available at the following link: http://www.edinburgh.gov.uk/homepage/175....

Your right to seek a review

If you are unhappy with the way we have dealt with your request, you can ask us to review our actions and decisions by writing to the Head of Legal Risk and Compliance, The City of Edinburgh Council, Waverley Court Business Centre 2:1, 4, East Market Street, Edinburgh, EH8 8BG or email: legal.[Edinburgh City Council request email]

Please note that your request must be in a recordable format (email, letter, audio tape etc.), and that you have 40 working days upon receipt of this letter to ask for a review. You will receive a full response to your review request within 20 working days of its receipt. Please remember to quote the above reference number in any future communications.

If you are not content with the outcome of the review, you can ask the Scottish Information Commissioner to review our decision. You must submit your complaint to the Commissioner within 6 months of receiving our review response. The Commissioner can be contacted at:

The Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Fax: 01334 464611
Website www.itspublicknowledge.info
E-mail: [email address]

Further information about your rights and accessing information is available on our website at: www.edinburgh.gov.uk

Yours sincerely,

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk

City of Edinburgh Council

Mr Glenn Faulkner

[FOI #215823 email]

Our ref: 3821

Dear Mr Faulkner

Environmental Information (Scotland) Regulations 2004 - Release of Information

Subject: Leith Walk road condition following tram works

Thank you for your request for information of 10/06/2014 where you asked: What action is being taken against the contractors for the appalling condition Leith Walk was left in at road junctions and other areas as a result of works done on utility supply infrastructure in preparation for the now none-existent tram route?

The contractors works were completed some years ago yet only now are patchy remedial work is being carried out inn odd parts of the Walk yet the Foot of the Walk remains untouched. Your request has been processed under the Environmental Information (Scotland) Regulations 2004 (EIRs).Your request for information has been considered and the information is provided below. Please also accept our apologies for the delay in our response.

Our response:
No action is being taken against the contractors with regard to works undertaken on Leith Walk in relation to tram works. The works undertaken by the contractors as part of their scope of works were completed as required.

Citing Constitution Street as an example, the tram contractor laid a temporary surface at this location on completion of their works to minimise cost of laying a permanent surface only for this to be dug up again when the main tram works commence. At the time of their works completion a decision had not been taken on whether the trams would be continuing down to Newhaven or not. A decision was not taken until September 2011, where it was decided that the current phase of the route would only extend as far as York Place.

Currently resurfacing work is now being delivered by the Council as part of the ‘Leith Programme’, a project covering a 2.2km stretch of corridor covering Leith Walk and Constitution Street, that will replace carriageway and footway and provide additional improvements to the streetscape that aim to enhance the local environment for all users of the area including residents, businesses, pedestrians, and commuters.

Leith Programme’s resurfacing work on Constitution Street, covering the area from the old Dock Gates to Duke Street and including the Bernard Street junction, were completed in November 2013. Work on Leith Walk is now underway, currently focussing on the area from Pilrig Street to Crown Place which has an estimated completion date of December 2014. The planned upgrading of the Foot of the Walk junction is scheduled to take place early in 2015. As design work is currently ongoing for the section between Pilrig Street and Annandale Street and work is not anticipated to commence at this location until later in 2015, some remedial carriageway patching and footway repairs have recently been carried out as a temporary measure. These remedial repairs to the southern section of Leith Walk have now been completed.

For the most up to date information regarding the Leith Programme, please visit our web pages (www.edinburgh.gov.uk/leithimprovements). The programme has also been the subject of reports that have been approved by Council committees and I attach the relevant links below for your information:

http://www.edinburgh.gov.uk/meetings/mee... (item 36)

http://www.edinburgh.gov.uk/meetings/mee... (item 7.6)

I hope you find this useful.

To promote transparency and accountability, please note it is the Council’s policy to publish all request details and responses made under the freedom of information legislation. This information will be made available through the Council’s website and will not include your personal details. The disclosure log is available at the following link: http://www.edinburgh.gov.uk/homepage/175...

Your right to seek a review

If you are unhappy with the way we have dealt with your request, you can ask us to review our actions and decisions by writing to the Head of Legal Risk and Compliance, The City of Edinburgh Council, Waverley Court Business Centre 2:1, 4, East Market Street, Edinburgh, EH8 8BG or email: legal.[Edinburgh City Council request email]

Please note that your request must be in a recordable format (email, letter, audio tape etc.), and that you have 40 working days upon receipt of this letter to ask for a review. You will receive a full response to your review request within 20 working days of its receipt. Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of the review, you can ask the Scottish Information Commissioner to review our decision. You must submit your complaint to the Commissioner within 6 months of receiving our review response. The Commissioner can be contacted at:

The Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Fax: 01334 464611
Website www.itspublicknowledge.info
E-mail: [email address]

Yours sincerely,

Clayton Pratt
Information Compliance Officer

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk

Dear City of Edinburgh Council,

I am confused as your response states "At the time of their works completion a decision had not been taken on whether the trams would be continuing down to Newhaven or not. A decision was not taken until September 2011"

Surely the original route was to go all the way to Granton and that was before the September 2003 when works began.

It was only some years later when TIE's catastrophic handling of the project became apparent, all the disputes along the way. Add to all this the fact that vital roads in Edinburgh city centre and Leith were dug up for the best part of seven years, causing congestion, inconvenience and financial harm to businesses. Yet no one is to be held accountable for the appalling state of the roads left by the contractors following the now unnecessary work.

David Mackay chairman of Transport Edinburgh,described the main contractor on the tram works, Bilfinger Berger, as a "delinquent company that smelled a victim".

Yet it seems that not only will the residents of Edinburgh have to pay the cost of £776m, plus more than £200m in interest on a 30-year loan taken out by the council to cover the funding shortfall. Plus the costs of reinstating the affected roads to a decent level.

I look forward to the inquiry in to the whole tram fiasco and will make sure that the residents voice will be heard.

Yours faithfully,

Glenn Faulkner

Dear City of Edinburgh Council,

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

I am writing to request an internal review of City of Edinburgh Council's handling of my FOI request 'Leith Walk road condition following tram works'.

There was no follow response to the councils reply to my FOI request.

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

Yours faithfully,

Glenn Faulkner

Freedom of Information, City of Edinburgh Council

Thank you for your email. We are dealing with your enquiry and we will get
back to you as soon as possible.
Regards,
 
Customer Services.
 
This is an automatically generated email. Please do not reply to this
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Freedom of Information, City of Edinburgh Council

Dear Glenn Faulkner,

Can you please confirm the reference number for the request you submitted?

Kind Regards
Keira Adamson

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Glenn Faulkner left an annotation ()

Our ref: 3821

Which you will find on your earlier response.

Glenn Faulkner

Dear Freedom of Information,

Our ref: 3821

Which you will find at the top of your earlier response.

Yours sincerely,

Glenn Faulkner

Freedom of Information, City of Edinburgh Council

Thank you for your email. We are dealing with your enquiry and we will get
back to you as soon as possible.
Regards,
 
Customer Services.
 
This is an automatically generated email. Please do not reply to this
email.

show quoted sections

City of Edinburgh Council

Mr Glenn Faulkner

[FOI #215823 email]

Our ref: 3821

Dear Mr Faulkner

Environmental Information (Scotland) Regulations 2004 - Request for Review

Subject: 3821

Thank you for your correspondence of 14/07/2014 asking that the Council reviews its handling of your request for information. In your request for review you expressed dissatisfaction with "There was no follow response to the councils reply to my FOI request"

I can confirm that the Council will deal with your review promptly under the provisions of the Environmental Information (Scotland) Regulations 2004. You will receive a full response no later than 20 working days upon receipt of your request. This means that we will respond by 12/08/2014

In the meantime, if you have any further queries, please get in touch quoting the reference number given above.

Yours sincerely,

Head of Legal, Risk & Compliance

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[Edinburgh City Council request email] www.edinburgh.gov.uk

Legal FOI, City of Edinburgh Council

1 Attachment

Dear Mr Faulkner,

 

I have been asked to respond to your recent emails following the Freedom
of Information reply that was issued to you on the 10 July 2014. I
apologise for the delay that has occurred in seeking the information
requested below.

 

Under the legislation a request to review a Freedom of information
response will be valid when:

 

"(1) An applicant who is dissatisfied with the way in which a Scottish
public authority has dealt with a request for information made under this
Part of this Act may require the authority to review its actions and
decisions in relation to that request.

(2) A requirement under subsection (1) is referred to in this Act as a
"requirement for review.

(3) A requirement for review must-

(a) be in writing or in another form which, by reason of its having some
permanency, is capable of being used for subsequent reference (as, for
example, a recording made on audio or video tape);

(b) state the name of the applicant and an address for correspondence; and

(c) specify-

(i) the request for information to which the requirement for review
relates; and

(ii) the matter which gives rise to the applicant's dissatisfaction
mentioned in subsection (1).

 

According to the Act you have provided the following:

 

·         A request in writing.

·         You have included your name and an address for correspondence.

·         You have referred to the FOI response EDIR:3821 and requested
the Council conduct an internal review.

 

However for your recent request to be treated as a valid Review Request,
then I would be very grateful if you could provide:

 

·         Your reason for dissatisfaction with the original FOI reply.

 

Your original request for information is set out below:

 

“What action is being taken against the contractors for the appalling
condition Leith Walk was left in at road junctions and other areas as a
result of works done on utility supply infrastructure in preparation for
the now none-existent tram route?

 

The contractors works were completed some years ago yet only now are
patchy remedial work is being carried out in odd parts of the Walk yet the
Foot of the Walk remains untouched.”

 

The Council’s response is set out below:

 

“No action is being taken against the contractors with regard to works
undertaken on Leith Walk in relation to tram works. The works undertaken
by the contractors as part of their scope of works were completed as
required.”

 

The Council Officer then proceeded to provide additional information
regarding the works that were being carried out on Leith Walk.

 

In your recent email you have stated that “I am confused as your response
states "At the time of their works completion a decision had not been
taken on whether the trams would be continuing down to Newhaven or not. A
decision was not taken until September 2011"

 

Surely the original route was to go all the way to Granton and that was
before the September 2003 when works began.”

 

My understanding is that the information supplied to you regarding your
request, as to “what action is being taken against the contractors”, in
the FOI reply was correct.

 

If an FOI Review is conducted then I will be seeking confirmation from
this service area that the information they previously provided to the
Information Governance Unit, for release as the FOI reply is correct. This
would not necessarily resolve the apparent contradiction in the additional
information that you have received.

 

Please can you confirm if you are looking to make a new request relating
to when decisions regarding the route of the tram were made? Alternatively
please can you set out the reasons for dissatisfaction with the original
reply that addressed the original request you submitted.

 

Please do not hesitate to contact me if I can be of any further
assistance.

 

Yours sincerely,

 

Chris Peggie

FOI Review Officer

 

Chris Peggie| Information Governance Unit | Governance Service | Legal,
Risk and Compliance Division | Directorate of Corporate Governance | The
City of Edinburgh Council | Waverley Court Business Centre 2:1, 4 East
Market Street, Edinburgh, EH8 8BG | phone: 0131 529 4494| fax: 0131
529 3603

 

This advice is strictly privileged and confidential and is intended for
use by the recipient only.

 

[1]cid:image006.jpg@01CF84A3.CCC82C40

 

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Legal FOI, City of Edinburgh Council

2 Attachments

Dear Mr Faulkner,

 

Please find attached the response to your request for review which has
been dealt with under the terms of the Environmental Information
(Scotland) Regulations 2004 (delete as applicable).

 

Yours sincerely,

 

Chris Peggie

FOI Review Officer

 

 

Chris Peggie| Information Governance Unit | Governance Service | Legal,
Risk and Compliance Division | Directorate of Corporate Governance | The
City of Edinburgh Council | Waverley Court Business Centre 2:1, 4 East
Market Street, Edinburgh, EH8 8BG | phone: 0131 529 4494| fax: 0131
529 3603

 

This advice is strictly privileged and confidential and is intended for
use by the recipient only.

 

[1]cid:image006.jpg@01CF84A3.CCC82C40

 

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