Dear Cheshire East Council,

Please provide a list from the Highways Department for all traffic schemes which have been approved but not yet implemented by the council and specifically for:

(a) permanent stopping up or diversion
(b) waiting or loading restrictions
(c) one way driving
(d) prohibition of driving
(e) pedestrianisation
(f) vehicle width or weight restriction
(g) traffic calming works including road humps
(h) residents parking controls
(i) minor road widening or improvement
(j) pedestrian crossings
(k) cycle tracks
(l) bridge building

Thank you

Yours faithfully,

Stephen Murray

CCR FOI Investigation Team, Cheshire East Council

Date: 13 December 2016
Our Reference: 571633
 
Dear Mr Murray
 
Freedom of Information Act 2000
 
Thank you for your request.
 
Your request has been identified as falling within the scope of Freedom of
Information Act 2000 and It will be treated as a request for information
within the meaning of the Freedom of Information Act: this means that we
will send you a full response within 20 working days, either supplying you
with the information which you want, or explaining to you why we cannot
supply it. 

The due date is 13 January 2017. If we need any further clarification or
there is a problem, we will be in touch. 

In the meantime if you wish to discuss this further please contact me. It
would be helpful if you could quote the reference number quoted above.
 
Yours sincerely
 
 
Valerie Nelhams
Compliance & Customer Relations Assistant
Cheshire East Council
 
NOTE: Please do not edit the subject line when replying to this email.

CCR FOI Investigation Team, Cheshire East Council

1 Attachment

Date: 21 December 2016
Our Reference: 571633
 
Dear Mr Murray
 
Thank you for your request for information received on 13 December 2016.
 
Please find attached our response to your request.
 
Yours sincerely
 
 
Valerie Nelhams
Compliance & Customer Relations Assistant
Cheshire East Council
 
NOTE: Please do not edit the subject line when replying to this email.

Dear Cheshire East Council,

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

I am writing to request an internal review of Cheshire East Council's handling of my FOI request 'Llist of Traffic Schemes'.

RE: reference number 571633

I would like to formally complain and ask for a review under the Freedom of Information Act of the attached response in relation to my FOI request.

Your response suggests the information requested is already available. However, you say that the information is available on a "per property" basis.

Therefore, the council cannot claim an exemption under regulation 6(1)(b) as it would be manifestly unreasonable to expect an enquirer to submit an individual request for a property on every road in the Administrative district to obtain a list of proposed Traffic Schemes as requested.

6(1)(b) reads "the information is already publicly available and easily accessible to the applicant in another form or format".

In order for an enquirer to obtain the information requested by the councils' suggested procedure it would require submitting literally thousands of individual requests, one for a property on every road within Cheshire East. The information requested is therefore clearly NOT "easily accessible".

I look forward to hearing from you with your full review.

Kind Regards

Stephen Murray

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,

Stephen Murray

FOI East, Cheshire East Council

Thank you for contacting the Compliance & Customer Relations Team at
Cheshire East Council. 

 

Cheshire East Council’s Offices are closed from 4pm on Friday 23rd
December and will re-open on 3rd January 2017. 

 

We will be unable to reply to any emails during this time period; but will
be in touch as soon as possible on our return to the office in the New
Year.

 

Kind regards

 

Compliance & Customer Relations Team

 

show quoted sections

CCR FOI Investigation Team, Cheshire East Council

Date: 3 January 2017
Our Reference: 571633
 
Dear Mr Murray
 
Thank you for your request for a review received on 3 January 2017. I am
sorry that you are dissatisfied with our attempts to handle your request
under the Environmental Information Regulations 2004
 
I can confirm that we are considering your concerns and we will aim to
provide you with a response by 31 January 2017.
 
Yours sincerely
 
 
Gill Clowes
Customer Relations and Compliance Assistant
Cheshire East Council
 
NOTE: Please do not edit the subject line when replying to this email.

CCR FOI Investigation Team, Cheshire East Council

 

 31st January 2017

Dear Mr. Murray

 

FOI CASE REFERENCE 496233

 

We have now had the opportunity to conduct an internal review of our
response to Freedom of Information request 571633.

Your original request of 13^th December was as follows:

Please provide a list from the Highways Department for all traffic schemes
which have been approved but not yet implemented by the council and
specifically for: (a) permanent stopping up or diversion (b) waiting or
loading restrictions (c) one way driving (d) prohibition of driving (e)
pedestrianisation (f) vehicle width or weight restriction (g) traffic
calming works including road humps (h) residents parking controls (i)
minor road widening or improvement (j) pedestrian crossings (k) cycle
tracks (l) bridge building  

This information was not provided, on the basis that it is already
publicly available, albeit at an individual address level. 

We have now had the opportunity to review our response to your request and
would confirm that we uphold the original decision to refuse this
information. We are withholding this under Regulation 12(4)(b) of the
Environmental Information Regulations, which provides an exception from
the duty to disclose environmental information where a request is
manifestly unreasonable. This can include, for example, a request for the
records relating to all or a significant number of properties within a
Local Authority’s area. The information you are requesting is not easily
accessible on lists/registers. In order to provide a response, the service
would be required to search the records for every property within the
borough of Cheshire East, so as to ensure that the information you seek is
valid and completely up to date, as the information is subject to frequent
change.

In applying Section 12(4)(b), we are obliged to conduct a ‘public interest
test’ to assess if it is in the best interests of the public to withhold
or to disclose the information you seek. The Council has already confirmed
to all customers, both on its website and via formal notification to
regular customers of the Property Search department, that such information
can be requested through the property search services on a property by
property basis. However, it is manifestly unreasonable to expect the
Council to respond to your request.  Gathering this information for all
properties across the Borough would divert officers from their normal day
to day duties to the detriment of other service users and this would
clearly not be in the public interest.  In considering the public interest
test, we have also taken into account the potential burden of responding
to further requests on a similar subject in the future.  The amount of
time spent on ensuring that any lists were completely up to date and
accurate would be a huge diversion of Council resources and this is
clearly not in the public interest.

We are unable to help you further. If you are not content with the outcome
of this review, you may apply directly to the Information Commissioner for
a decision.  The Information Commissioner can be contacted at: The
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF.

Yours sincerely,

 Sandra Smith 

Compliance and Customer Relations

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