Missing section of Highway Infrastructure Asset Management Plan 2016-2021

The request was refused by Leeds City Council.

Dear Leeds City Council,

Using the Freedom of Information Act
Please can you supply the Highway Infrastructure Asset Management Plan 2016-2021 Part Four Drainage, section of the report.
When the report headed by Councillor Richard Lewis was published in 2016 the section Part 4 Drainage, was blank and is headed "This section is under development and will be added as soon as it has been prepared" and to this date not is still not available on the Council web pages.
If the vital section for road safety and the saving of millions of pounds of public money is still not available, please can somebody explain the extended loss of this section and if this section will see the light of day before 2021 and why a report about Highways would be published without the most important section present.

Yours faithfully,

Mr C Rayson

DPFOI, Leeds City Council

Dear Mr. Rayson

Freedom of information request Ref 20231 : Highway Infrastructure Asset Management Plan 2016-2021

Thank you for your request for the above information which we received 8, January 2018. We will respond to your request in accordance with the Freedom of Information Act 2000, or the Environmental Information Regulations 2004.

We have passed your request onto Richard Brook, Information Governance Officer, City Development, [email address] who will arrange a response within the appropriate statutory time limit.

Please remember to quote reference number FOI 20231 in any future communications.

Yours sincerely

Malika Doust
Information Governance Support Officer
Information Governance and Managements Team (City and Communities)
Digital Information Service

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IMG.CC.requests, Leeds City Council

Dear Mr. Rayson

 

FOI Request: Highway Infrastructure Asset Management Plan 2016-2021

 

I write in response to your above Freedom of Information request, received
in this office on 8 January 2018.

 

In dealing with your request, please note that we have considered it under
the Environmental Information Regulations 2004, as opposed to under the
Freedom of Information Act 2000. This is because the information you have
requested is information involving ‘activities’ and ‘administrative
measures’ which are likely to affect elements of the environment under Reg
2(1)(c).  I am advised that both the domestic and European courts give
wide meaning to the Regulations and have indicated that they will adopt a
broad construction of the definition of environmental information.

Your request asked:

 

Please can you supply the Highway Infrastructure  Asset Management Plan 
2016-2021 Part Four Drainage, section of the report.

When the report headed by Councillor Richard Lewis was published in 2016
the section Part 4 Drainage, was blank and is headed "This section is
under development and will be added as soon as it has been prepared" and
to this date not is still not available on the Council web pages.

If the vital section for road safety and the saving of millions of pounds
of public money is still not available, please can somebody explain the
extended loss of this section and if this section will see the light of
day before 2021 and why a report about Highways would be published without
the most important section present.

 

I can advise that the Council does hold a draft Drainage Section for the
Highway Infrastructure Asset Management Plan, however, this requires
additional work due to the Highways Service receiving further
responsibilities since the initial draft, as well as sign off, before it
can be published. As such, I am of the view that the draft documentation
in question should be excepted from release by virtue of Reg (12)(4)(d) on
the basis that it constitutes a ‘work in progress’.

 

When considering any exception under the Regulations, the public interest
test must, of course, be applied. In addition, under Reg 12(2), we must
provide a presumption in favour of disclosure. In considering this,
however, whilst I can appreciate that there may be a public interest in
the information in question, this public interest can only reasonably be
seen to be in the final adopted version, and not in draft documentation
that is currently not policy.

 

Indeed, the public interest, in fact, lies in the maintenance of the
exception in question as, firstly, there is a recognised public interest
in officers being provided with a ‘safe space’ in which to formulate
policy before publication and, secondly, disclosing the document as is
may, in fact, be misleading (as members of the public may mistakenly think
it to be adopted policy). Finally, I do not believe that the application
of this exception would restrict public access to this information as the
policy, once approved, will enter the public domain.

 

As such, I am of the view that the overwhelming public interest lies in
maintaining the application of Reg 12(4)(d) with regard to this
information.

 

I trust that this response is satisfactory. Under Regulation 11, however,
you are entitled to make representations to us if it appears that we have
failed to comply with a requirement of the Regulations in relation to your
request. Representations must be made to us no later than 40 working days
after the date you believe we failed to comply with such a requirement.

 

We will then consider your representations and supporting evidence and
decide if we have complied, notifying you of our decision as soon as
possible, and no later than 40 working days after the date of receipt of
your representations.

 

Under Regulation 18, you are then entitled to apply to the Information
Commissioner for a decision as to whether, in any specified respect, your
request has not been dealt with in accordance with parts 2 and 3 of the
Regulations.

 

Should you wish to contact the Commissioner’s Office then you can write to
the following address: Office of the Information Commissioner, Wycliffe
House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

 

You may also contact the Commissioner via his website at [1]www.ico.gov.uk

 

I trust that this is self-explanatory.  If you have any queries please
contact me on 0113 3787100, or by return email.

 

Yours sincerely,

 

 

Richard Brook,

Information Governance Officer,

Information Management and Governance,

Digital and Information Service,

Leeds City Council.

Tel: 0113 37 87118

Email: [2][email address]

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