We don't know whether the most recent response to this request contains information or not – if you are Colin Duke please sign in and let everyone know.

Material Fact in the Public Interest Bradford Reservoirs Safety & Management

Colin Duke made this Freedom of Information request to Bradford City Council

1 follower

We're waiting for Colin Duke to read recent responses and update the status.

Dear Bradford City Council,

This request is made under the EIR & FOI Acting the Public Interest and Safety and relates to that which the Authority is obliged to Register under the Reservoir Act (1975)

1. The Types of Panel Engineers Appointed for Park Dam and Harold Park Dam known to be a Class A High Risk Large Raised Reservoir within the meaning of The Reservoir act (1975)

ie; Construction Engineer ( spillway Modification ) Inspection engineer and Supervising Engineer and whether any of these roles are Internal Posts within the Council

2. Please confirm the Structure, Status & Composition of the LLFA - Lead Local Flood authority for the City Bradford MDC

3. Provide a Copy of the LPA Local Planning Authorities Risk assessment on Aggregated Risk to justify the Exception Test to the it SW 26 Preferred Site & associated Planning application 24/ 2887/ MAF

4. In relation to the LLFA Please provide Map indicating the the Zone of Destruction in the event of a Catastrophic Failure of the Large Raised reservoirs known as Park Dam and Harold Park Dam as distinct fro the EA Reservoir Flood Zones

" The Dams are Large Raised Reservoirs within the meaning of the Reservoir Act the Development is not within the the Zone of destruction "
+ For avoidance of doubt the nearest projected housing is within 25 m of the toes of the Large Raised Reservoir ( 56 , 000,000 m ) 10 m above the AOD

5. Please provide from the expropriate Directorate a Policy or Document identifying the City of Bradford MDC position on decommissioning reservoirs, including any reference to retaining Park Dam due to its importance to the Fire Service in the 1992 Allied Colloids Fire and any Reservation on Title Given by Legal Constraint

6. Please provide the Councils understanding on the Locality of the Site in relation to the Zone of influence falling within the Solenis Bradford Site as an Upper Tier COMAH site.

7. Please provide the frequency of Inspection for both Class A Raised reservoirs, Whether the Draw Down Valve is operational or redundant on Park Dam and Whether the Reservoir Spillway connects by way of a defined concrete watercourse onward from the Toe in order to remove spill from the Toe of the Dam

8. Please provide any maintenance or periodic inspection reports on the condition of the dam

Yours faithfully,

Colin Duke

Thank you for contacting the City of Bradford Metropolitan District
Council Corporate Information Governance Team. We confirm that we have
received your correspondence.

If you have submitted a Freedom of Information or Environmental
Information Regulation request – we will respond to your request in
accordance with the appropriate legislation (20 working days).

If we require further information from you before we process your request,
we will contact you directly to ask for this.

City of Bradford Metropolitan District Council is registered with the
Information Commissioners Office (ICO) under the provisions of the Data
Protection Act 2018. If you would like further information please click
on the following link: [1]Privacy notice | Bradford Council

THIS IS AN AUTOMATED MESSAGE – PLEASE DO NOT REPLY

This email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this email has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this email may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email. Emails may be subject to recording and / or
monitoring in accordance with relevant legislation.

References

Visible links
1. https://www.bradford.gov.uk/privacy-noti...

Dear Mr Duke

I refer to your request dated 25 September 2024 under the Freedom of
Information Act 2000.

To enable me to proceed with your request, I will require further details
in order to identify and locate all the requested information. In order to
help us to provide the information required, please could you clarify the
following:

Please explain/clarify what you mean for question 6.

The Council has suspended your request for question 6 until we receive
your clarification response and the 20 working days to respond will
commence upon receipt of your reply for question 6.

If we do not hear from you within one month, we will assume that you no
longer require the information and this request will be closed.

To find out more on how we handle your information, please click on the
following link: https://www.bradford.gov.uk/privacy-notice

Regards

Siama Kausar

Information Governance Officer

Finance, IT & Procurement Service

Telephone Number: 01274 434506

City of Bradford Metropolitan District Council

Department of Corporate Resources

City Hall, Centenary Square, Bradford, BD1 1HY

This email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this email has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this email may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email. Emails may be subject to recording and/or
monitoring in accordance with relevant legislation.

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

From: Colin Duke <[FOI #1178992 email]>

To: Freedom of Information <[email address]>

Date: 25/09/2024 16:40:25

Subject: Freedom of Information request - Material Fact in the Public
Interest Bradford Reservoirs Safety & Management

[You don't often get email from
[FOI #1178992 email]. Learn why this is important
at https://aka.ms/LearnAboutSenderIdentific... ]

CAUTION: This email has originated from outside Bradford Council.

Do not click links or open attachments unless you recognise the sender and
know the content is safe.

Dear Bradford City Council,

This request is made under the EIR & FOI Acting the Public Interest and
Safety and relates to that which the Authority is obliged to Register
under the Reservoir Act (1975)

1. The Types of Panel Engineers Appointed for Park Dam and Harold Park Dam
known to be a Class A High Risk Large Raised Reservoir within the meaning
of The Reservoir act (1975)

ie; Construction Engineer ( spillway Modification ) Inspection engineer
and Supervising Engineer and whether any of these roles are Internal Posts
within the Council

2. Please confirm the Structure, Status & Composition of the LLFA - Lead
Local Flood authority for the City Bradford MDC

3. Provide a Copy of the LPA Local Planning Authorities Risk assessment on
Aggregated Risk to justify the Exception Test to the it SW 26 Preferred
Site & associated Planning application 24/ 2887/ MAF

4. In relation to the LLFA Please provide Map indicating the the Zone
of Destruction in the event of a Catastrophic Failure of the Large Raised
reservoirs known as Park Dam and Harold Park Dam as distinct fro the EA
Reservoir Flood Zones

" The Dams are Large Raised Reservoirs within the meaning of the Reservoir
Act the Development is not within the the Zone of destruction "

+ For avoidance of doubt the nearest projected housing is within 25 m of
the toes of the Large Raised Reservoir ( 56 , 000,000 m ) 10 m above the
AOD

5. Please provide from the expropriate Directorate a Policy or Document
identifying the City of Bradford MDC position on decommissioning
reservoirs, including any reference to retaining Park Dam due to its
importance to the Fire Service in the 1992 Allied Colloids Fire and any
Reservation on Title Given by Legal Constraint

6. Please provide the Councils understanding on the Locality of the Site
in relation to the Zone of influence falling within the Solenis Bradford
Site as an Upper Tier COMAH site.

7. Please provide the frequency of Inspection for both Class A Raised
reservoirs, Whether the Draw Down Valve is operational or redundant on
Park Dam and Whether the Reservoir Spillway connects by way of a defined
concrete watercourse onward from the Toe in order to remove spill from the
Toe of the Dam

8. Please provide any maintenance or periodic inspection reports on the
condition of the dam

Yours faithfully,

Colin Duke

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

Please use this email address for all replies to this request:

[FOI #1178992 email]

Is [Bradford City Council request email] the wrong address for Freedom of Information
requests to Bradford City Council? If so, please contact us using this
form:

https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:

https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

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

Dear Ms Kauser

HSE’s Land Use Planning advice team is a statutory consultee for certain planning applications including those involving residential accommodation where they are in the consultation zone of a major hazard site or a major accident hazard pipeline.

In the matter of matterial Planning Consideration at this locality Please confirm the LPA view to the Locality of that risk , Mindful that it isfor the LPA Planning Officer to consider Risk in the light material fact

Solenis Confirm

As confirmation of our discussion, the Solenis Bradford Site is an Upper Tier COMAH site, there has been no change.

The enquiry therefore relates to the Agregated Risk associated with that Locality as identified in Material Objection(s) to the proposed Locality now formally in the Public Domain and in the light of an Exception Test required as part of the Material Planning concerns in accordance with NPPF
Further Information and detail provide d to The LPA Planner forthcoming

For Avoidance of doubt the duty is to consider risk in the light of manufacturing process not that of zone classification by the HSE

The enquiry therefore remains clear

For avoidance of doubt you have received immediate response to your enquiry to you the authority in relation to GDPR FOI / EIA must meet the obligate deadline . If you request an extension to the process you must do so under due process

Yours sincerely,

Colin Duke

Thank you for contacting the City of Bradford Metropolitan District
Council Corporate Information Governance Team. We confirm that we have
received your correspondence.

If you have submitted a Freedom of Information or Environmental
Information Regulation request – we will respond to your request in
accordance with the appropriate legislation (20 working days).

If we require further information from you before we process your request,
we will contact you directly to ask for this.

THIS IS AN AUTOMATED MESSAGE – PLEASE DO NOT REPLY

References

Visible links
1. https://www.bradford.gov.uk/privacy-noti...

Dear Ms Kauser

I take Opportunity to avoid any delay within the statutory Framework to clarify the scope and extent relating to that in the Public Interest and Safety by providing the same to the Public in the matter of any decision making dependent on the material concerns raised . I hope this assists you and the Council obligations in both this request and the concerns arising on site

Notes on The Scope and Nature of Request tin the Public Interest - Safety, Maintenance and operation

1. Consistent with the Findings of Lessons Learned in the Todd Brook Dam Incident 2019 the Reservoir Act (1975) places Statutory Obligation on the Owner or Statutory Undertaker Managing a Large Raised Reservoir . Those Independent Chartered Civil Engineers are independently qualified each with separate defined Roles , Construction engineer , Inspection engineer and Supervising Engineer (Panel Engineers)

https://www.gov.uk/guidance/reservoir-su...

https://www.gov.uk/guidance/reservoir-in...

https://www.gov.uk/guidance/reservoirs-o...

Including any Record of Building Control or Planning Permission not on file also given to include the calculations made in respect of the Spillway Modification and by which Panel engineers or Sub Contractor(s) as known from record keeping

Preparation of the section 10 report
Writing recommendations for measures to be taken in the interests of safety (MIOS)
Statutory maintenance
Formal meeting about the section 10 inspection findings
Submitting the section 10 report
Preparing a section 10(6) MIOS completion certificate
Appendix A: Section 10 report minimum content requirements
Appendix B: Example section 10 template

2. The Structure of the LLFA the Lead LLFA - Principle Drainage have A conflict of Interest and failure to maintain separation as the Riparian Owner of the Site and its watercourses at all times including the upkeep and maintenance of the overall Regulation of Catchment Displacement (Not Recorded ) and Reservoir Management ( TO Include Modelling of the Catchment Area not undertaken ) and the Downstream Impact of Flooding on known Properties (intentionally blank ) in accordance with the NPPF and compliance with the Reservoir Act (1975)

3. 24/ 2887/ MAF As the LPA have not to the best of knowledge submitted any Public Record relating to a Sequential Test and will seek to approve the application of the basis of Exception Test the LPA Officer must have regard to all elements of Aggregated Risk and All Cumulative Sources of Flood. The request therefore seeks in the interest of Openness and Transparency to memorialised the Exception test given the nature of any proposed developments reliant upon Hedge Funds and any Long Term Stability , as is evident on the Delph Hill Middle School Site were the council cannot resolve an issue of a collapsing wall likely to impact on the Public Highway

4. Clarity on the terminology used by the LLFA , " Although the Dams are Large Raised Reservoirs the Development does NOT fall within the Zone of Destruction " Any Property within 9m of the Toe of the Dam , consisting of 56,000,000 m3 of Water in a pre 1854 Structure , elevated at 10 m above the AOD, on catastrophic breach will be beyond all doubt in a Zone of Destruction. The Zone of flood extent on the other hand as given by the EA predictive LIDAR map based on the natural Ground Level of the AOD differs . The Velocity and extent Maps are therefore dependent on Ground surface which may have been altered due to the 1996 Underground Mine Fires, they are algorithmic predictions not established fact thge model dependent on returns ( Datametrics) provided to the EA via the LLFA .

https://www.gov.uk/guidance/reservoir-fl...

5. Bradford MDC are known to be actively decommissioning Reservoirs ,25,000,000m3 Eg Chellow Dean et al The enquiry seeks to establish the basis of policy , particularly in respect of release of water as will impact on Downstream modelling

6. The enquiry therefore relates to the Aggregated Risk associated with that Locality as identified in Material Objection(s) to the proposed Locality now formally in the Public Domain and in the light of an Exception Test required as part of the Material Planning concerns in accordance with NPPF
Further Information and detail provide d to The LPA Planner forthcoming

For Avoidance of doubt the duty is to consider risk in the light of manufacturing process not that of zone classification by the HSE

7 & 8 Are expressly requests in the Public Interest in order to make informed representation on material fact of the proposed Infra-Structure in Proximity for avoidance of doubt within the meaning of the reservoirs Act (1975) A Large Raised Reservoir of est Capacity 56,000,000 m3 and associated Watercourses regulating Dam Outflows Downstream by way of Volume Discharges from the catchment Basin in the Public Interest , these reports commissioned by the council are those that relate to Panel Engineers , where there is also a Statutory Obligation to lodge Material Information with the EA - Environment Agency Reservoir Act (1975) see Point 1

As the request is manifestly in the interest of Public Safety I trust the council will not delay such inquiry and provide early responses as a matter of importance without any further delay or confusion such that the Public may make informed opinion on both the safety and future of the site as Material Concern by way of established fact

Yours faithfully,

Colin Duke

Thank you for contacting the City of Bradford Metropolitan District
Council Corporate Information Governance Team. We confirm that we have
received your correspondence.

If you have submitted a Freedom of Information or Environmental
Information Regulation request – we will respond to your request in
accordance with the appropriate legislation (20 working days).

If we require further information from you before we process your request,
we will contact you directly to ask for this.

THIS IS AN AUTOMATED MESSAGE – PLEASE DO NOT REPLY

References

Visible links
1. https://www.bradford.gov.uk/privacy-noti...

Dear Mr Duke

I refer to your request dated 26 September 2024 under the Freedom of
Information (FOI) Act 2000.

The Council has considered your request and identified that the
information requested may need to be withheld under exemption s38 of the
Freedom of Information Act and we are therefore currently in the process
of applying a Public Interest Test to the information.

This is a test to assess whether the public interest in withholding the
information is greater than in releasing it. As a result of the above and
in accordance with Section 10(3) of the Act, the Council is extending the
statutory deadline date by which we must respond to this request until 20
November 2024, to give consideration to the public interest arguments both
in favour and against disclosing this information.

If you have any queries, please do not hesitate to contact the Corporate
Information Governance Team, quoting reference number: FOI-17213.

City of Bradford Metropolitan District Council is registered with the
Information Commissioners Office (ICO) under the provisions of the Data
Protection Act 2018. The Council takes its responsibilities under the Act
very seriously. To find out more on how we handle your information,
please click on the following link:
https://www.bradford.gov.uk/privacy-notice

Regards

Siama Kausar

Information Governance Officer

Finance, IT & Procurement Service

Telephone Number: 01274 434506

City of Bradford Metropolitan District Council

Department of Corporate Resources

City Hall, Centenary Square, Bradford, BD1 1HY

This email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this email has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this email may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email. Emails may be subject to recording and/or
monitoring in accordance with relevant legislation.

show quoted sections

Please use this email address for all replies to this request:

[FOI #1178992 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:

https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

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

Dear Mr Duke

Thank you for providing clarification for this request. However, the
service in question are still seeking further clarification for question
6.

For question 6, please can you confirm what information you are seeking
e.g reports etc.. and for what period.

The Council has suspended your request for question 6 until we receive
your clarification response and the 20 working days to respond will
commence upon receipt of your reply for question 6.

If we do not hear from you within one month, we will assume that you no
longer require a response for question 6.

To find out more on how we handle your information, please click on the
following link: https://www.bradford.gov.uk/privacy-notice

Regards

Siama Kausar

Information Governance Officer

Finance, IT & Procurement Service

Telephone Number: 01274 434506

City of Bradford Metropolitan District Council

Department of Corporate Resources

City Hall, Centenary Square, Bradford, BD1 1HY

This email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this email has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this email may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email. Emails may be subject to recording and/or
monitoring in accordance with relevant legislation.

show quoted sections

Please use this email address for all replies to this request:

[FOI #1178992 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:

https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

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

17213 Title Plan View WYK853595 1 park dam.pdf

168K Download View as HTML
17213 Register View WYK853595 park dam.pdf

7K Download View as HTML
EIR RESPONSE 17213.doc

106K Download View as HTML

Dear Mr Duke

Please find attached a response to your Environmental Information request.

Regards

Siama Kausar

Information Governance Officer

Finance, IT & Procurement Service

Telephone Number: 01274 434506

City of Bradford Metropolitan District Council

Department of Corporate Resources

City Hall, Centenary Square, Bradford, BD1 1HY

This email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this email has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this email may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email. Emails may be subject to recording and/or
monitoring in accordance with relevant legislation.

Dear Environmental Information Regulations ( Acknowledged)

In This matter I ask you again , to clarify the following points, which are not as implied by your operatives a New Request , the request being duly made and for you the Council to Justify exemption

You the Council have relied upon ss38 FOIA please provide expressly which sub-section you are reliant upon

In the matter of ss12 5 (a) Please set out why you believe an Impounding Reservoir no longer used for its intended purpose as a draining basin and not ascribed by the Secretary of State as an appropriate security risk , as required under the Substantive Instrument as a reservoir posing Risk to National Security in accordance with para 16 of the National Protocol; is such to cause Risk to National Security or Infrastructure

In the Matter of The PIT Public Interest Test , which is a Substantive test in Law , please provide the signatory of the Public Officer , the Natural Person or the Lawyer conducting the Balancing Test based on Justification held on behalf of the Council

Please transparently provide further any relevant information in respect of any justification you may rely upon

Please set out your understanding of what you take to be IN the Wider public Interest as compared to what is OF Interest to local residents , given (i) Such Structures are Public Amenity Reservoirs (ii) Impacting significantly over a wide geographic area accross LA boundaries (iii) Are obligated under duty within the Flood and Water Management Act (2010) to mitigate Risk (iii) Are obliged to provide in the Prescibed Form ( Reservoir act (1975) and undertake Civil Contingency Act (2001) On and Off Site Emergency Plans such as to mitigate Risk to the Wider Public - Liability and Duty of Care (v) Are an Owner and Operator of a High Risk (Class A) Large Raised Impounding Reservoir within the meaning of Riparian Law discharging Downstream

Please provide a response based on an understanding of fact

Yours sincerely,

Colin Duke

Thank you for contacting the City of Bradford Metropolitan District
Council Corporate Information Governance Team. We confirm that we have
received your correspondence.

If you have submitted a Freedom of Information or Environmental
Information Regulation request – we will respond to your request in
accordance with the appropriate legislation (20 working days).

If we require further information from you before we process your request,
we will contact you directly to ask for this.

THIS IS AN AUTOMATED MESSAGE – PLEASE DO NOT REPLY

References

Visible links
1. https://www.bradford.gov.uk/privacy-noti...

Dear Environmental Information Regulations at Brdafford Council

In respect of any reliance ton your response to

3. Provide a Copy of the LPA Local Planning Authorities Risk assessment on
Aggregated Risk to justify the Exception Test to the it SW 26 Preferred ss18 Site Consultation & associated Planning application 24/ 2887/ MAF

I provide the short answer you have not undertaken that above in the circumstances relevant and that you have committed to such a site ahead of any statutory process

Sir / Madam

In the matter of Development Planning and Local Flood Risk the NPPF is clear , YOU The LLFA must consider all Cumulative Sources of Flood as is the FWMA (2010) including any Inadequacies on Drainage Critical to an Impounding basin capacitated by Upstream Activity as managed by you The Council, on your obligate duty to work with communities to identify Areas at Risk of Flood , not for a LLFA to obfuscate Risk by failing to identifyimaterial information which within the meaning of EIR is Environmental Information contributing to that understanding

(Aside I refer also to the Inaccuracies inherent with the EA Inundation LIDAR Mapping in respect of Artificial Ground - Bearm and Mine Workings, in proximity to the reservoir Frontage which would result in inaccuracies in inundation of Velocity and Extent as under estimates )

It should be clear and apparent to the Councils Internal Drainage department and the Councils Flood Risk Officer who worked within it for some years that the volumetric capacity of an Impounding basin is limited by Volume and by regulatory outflow watercourses and that advice being provided to any prospective developer is with Conflict and Vested Interest. For avoidance of doubt within the meaning of Riparian Law being a part of the Reservoir Structure required to be inspected by a SUPe Supervisory Engineer

You, The council have failed or in the alternative misunderstood that question on Exception for avoidance of doubt on what basis was Exception made in regard to 24 /2887 / MAF and any sequential Test . when other Preferred Sites were available available. Whilst you assert that the site does not fall withing Category 1 proximity to National Rivers the NPPF requires you , The Local Authority , to identify all Cumulative Sources of Flood that give to include that likely to occur as part af any Flood Inundation cascaded or otherwise from two redundant impounding Basins containing 91,000 m3 and 66, 750 m3 respectfully ( 157,000m3) on a common drainage system over capacited and under invested as identified in the SEA Spatial Environmental Assessment and used as the promary outflow for BOTH reservoirs ( Cascade)

For avoidance of doubt, the question relates to that which you are obliged to have undertaken on the specific locality of the site 24/ 02887/ MAF and to why it was chosen out with a Sequential Test given the specific circumstances being with held by way of Environmental Information in relation to The Harm the Reservoir might cause to the site and conversely the Harm the Site might cause to the reservoir , the Regulatory watercourse ineffectively managed by the councils drainage department

Such information on the specific choice or exception to the sequence of sites available is contrary to your response is NOT available on the documents you suggest or on the Planning File and you are requested to provide in a simple form indicating why you The Council , LLFA and LPA acted clearly in advance of the ss18 and ss19 processes in promoting a site not yet mandated by Local Consultation

I therefore suggest that your claim to exemption , within the meaning of Information Regulation as distinct from Planning on this matter is unjustified and that the next stage would be a request determination on disclosure by the ICO in the Wider Interest of The Public , that being relevant to the effect on the Wider Geographic Area , use as Amenity and in the Interest of Public Safety or any matter of Transparency relevant to the determination of a planning matter without bias

I note also you The Councils failure to recognize in context the meaning of Zone of Destruction as distinct from Inundation mapping , , for avoidance of doubt , Any Property , located within 9m of a large 1850 High Risk ( Class A ) Reservoir containing 91,000 m3 of water elevated 10 m above the AOD where if there is an uncontrolled release of water , driven by Velocity and extent would cause the probable destruction of Property and a likelihood of harm to human life proportionate to that proximity

For avoidance of Doubt , I again as a matter of formal record for the second time request that access to the PFR is duly made at any reasonable time by Anyone to inspect by identifying the prescribed place of keeping of the Register in accordance with the required obligation placed upon you as the Owner and Operator of such structures , that PFR, not in any way restricted by any order which must originate from the Secretary of State such as to limit access or with hold the same and does not fall within your authority to act ultra vires in respect of the Substantive Act Reservoir Ac (1975) obligating you the Council

Yours faithfully,

Colin Duke

Thank you for contacting the City of Bradford Metropolitan District
Council Corporate Information Governance Team. We confirm that we have
received your correspondence.

If you have submitted a Freedom of Information or Environmental
Information Regulation request – we will respond to your request in
accordance with the appropriate legislation (20 working days).

If we require further information from you before we process your request,
we will contact you directly to ask for this.

THIS IS AN AUTOMATED MESSAGE – PLEASE DO NOT REPLY

References

Visible links
1. https://www.bradford.gov.uk/privacy-noti...

We don't know whether the most recent response to this request contains information or not – if you are Colin Duke please sign in and let everyone know.

1 follower

Help us protect your right to hold public authorities to account. Donate and support our work.

Donate Now

WhatDoTheyKnow

Material Fact in the Public Interest Bradford Reservoirs Safety & Management

3 Attachments

We work to defend the right to FOI for everyone

Act on what you've learnt

Requests like this

School term dates 2006/07 to 2021/22 by local authority

16+ Looked after Children Placement Costs and Data Information

Publication of procurement activity for Education System

School agency staff spend

Reservoir Information EIR and FOI in The Public Interest Bradford MDC

S19, EOTIS and EHE

Broken CCTV cameras

Playground Closures, Vandalism, Injuries, and Inspections

Abandoned Dogs

Contracts with Serco

WhatDoTheyKnow