New Incinerator
Dear Devon County Council,
Please provide me with copies or access to information ref the New Incinerator in Marsh Barton Exeter which is due to be commissioned shortly.
I am particularly interested in Environmental Protection,Emission Monitoring, Bottom Ash disposal
Yours faithfully,
Alan M Dransfield
Dear Mr Dransfield
Information Request: 03290
I received your request on 22 November 2012 for information which may be
held by Devon County Council regarding the new incinerator in Marsh
Barton, Exeter.
You are entitled under the Freedom of Information Act 2000 to be informed
whether or not the information you have requested is held by Devon County
Council and if so to be given access to that information within 20 working
days (subject to any exemptions).
You should expect to receive a response to your request by 20 December
2012.
Yours sincerely
Rebecca Eden
Information Governance Support Officer
Devon County Council
Customer Relations and Information Governance Team
Room 120
County Hall
Topsham Road
Exeter
EX2 4QD
Tel: 01392 38 3445
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Please note that Devon County Council now publishes most Freedom of
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its publication scheme. Details of previous responses are available at
[2]http://www.devon.gov.uk/disclosurelogs-s.... The council requests
that members of the public make use of its disclosure log search facility
before making a Freedom of Information or Environmental Information
Regulations request, as it is possible that the information sought, may
have been disclosed in response to a prior request.
Dear Mr Dransfield,
Information Request: 03290
I write further to your request for information under the Freedom of
Information Act 2000 received on 22^nd November 2012.
In reply to your enquiry please find Devon County Council's response
attached.
I hope this information is of assistance to you.
Yours sincerely
Vicky Moffat
Information Governance Officer
Devon County Council
Customer Relations and Information Governance Team
Room 120
County Hall
Topsham Road
Exeter
EX2 4QD
Tel: 01392 38 4678
Please note that Devon County Council now publishes most Freedom of
Information and Environmental Information Regulations request responses on
its publication scheme. Details of previous responses are available at
[1]http://www.devon.gov.uk/disclosurelogs-s.... The council requests
that members of the public make use of its disclosure log search facility
before making a Freedom of Information or Environmental Information
Regulations request, as it is possible that the information sought, may
have been disclosed in response to a prior request.
Your right to complain
If for any reason you are not satisfied with how your request has been
handled, please write to Devon County Council’s Freedom of Information
Office, County Hall, Topsham Road, Exeter, EX2 4QD. Details about our
Access to Information complaints procedure can be found at
[2]http://www.devon.gov.uk/complaintshandling. If your complaint is not
resolved to your complete satisfaction, you have the right to refer the
matter to the Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire, SK9 5AF.
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Dear Devon County Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Devon County Council's handling of my FOI request 'New Incinerator'.
You are treating the REQUESTER as Vexatious NOT the request
A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/ne...
Yours faithfully,
alan m dransfield
Dear Mr Dransfield
Environmental Information Regulations 2004
Information Request 03290
I am in receipt of your recent correspondence in which you highlight
your dissatisfaction with the Council's response to you dated
05/12/2012.
Please note that I intend to handle this issue as an internal review in
accordance with the Council's Access to Information Complaints Procedure
(details are available at;-
http://www.devon.gov.uk/complaintshandli...). This procedure adopts
the good practice recommendations set out in the Lord Chancellors Code
of Practice for public authorities (issued under Section 45 of the
Freedom of Information Act 2000).
Having reviewed your recent correspondence on this matter, I note that
you do not consider the request you have made to Devon County Council to
be manifestly unreasonable as defined by Regulation 12(4)(b) of the
Environmental Information Regulations 2004. I therefore propose to
centre my investigations around this particular focus point. If you
have further issues that you would like me to consider as part of my
review, please do come back to me.
Your review will be conducted as quickly as possible and will be dealt
with by myself. I will endeavour to provide you with a response as soon
as possible, but incidentally by no later than 20 working days after
receiving your request for an review. You should expect to receive a
response by 07/01/2013.
Yours sincerely,
Martin Lawrence
Independent Freedom of Information Review Officer
Customer Relations & Information Governance
Room 120
County Hall
Exeter
EX2 4QD
Tel: 01392 384674
Email: [Devon County Council request email]
Disclaimer: http://www.devon.gov.uk/email.shtml
Applicable to private messages: "Devon County Council accepts no legal
responsibility for the contents of this message. The views expressed do
not reflect those of Devon County Council"
*Please note that emails may be disclosed in response to requests under
the Data Protection Act 1998 and the Freedom of Information Act 2000.
Dear Freedom of Information Office - Mailbox,
Thank you Mr Lawrence for advising me you would conduct a review into your decision.
I do not accept this request falls under the EIR regulations. It clearly falls under the FOIA Act 2000
Yours sincerely,
alan m dransfield
Dear Mr Dransfield
Environmental Information Regulations 2004
Information Request 03290
Thank you for your recent email below. I note your belief that your
request should be handled under the Freedom of Information Act 2000.
However you should be aware that Regulation 2(1) of the Environmental
Information clearly defines environmental information as:
"environmental information" has the same meaning as in Article 2(1) of
the Directive, namely any information in written, visual, aural,
electronic or any other material form on-
(a) the state of the elements of the environment, such as air and
atmosphere, water, soil, land, landscape and natural sites including
wetlands, coastal and marine areas, biological diversity and its
components, including genetically modified organisms, and the
interaction among these elements;
(b)factors, such as substances, energy, noise, radiation or waste,
including radioactive waste, emissions, discharges and other releases
into the environment, affecting or likely to affect the elements of the
environment referred to in (a);
(c) measures (including administrative measures), such as policies,
legislation, plans, programmes, environmental agreements, and activities
affecting or likely to affect the elements and factors referred to in
(a) and (b) as well as measures or activities designed to protect those
elements;
(d) reports on the implementation of environmental legislation;
(e) cost-benefit and other economic analyses and assumptions used within
the framework of the measures and activities referred to in (c); and
(f) the state of human health and safety, including the contamination of
the food chain, where relevant, conditions of human life, cultural sites
and built structures inasmuch as they are or may be affected by the
state of the elements of the environment referred to in (a) or, through
those elements, by any of the matters referred to in (b) and (c);
Having reviewed the definition above, I am clear that the information
you have requested, is likely to constitute environmental information
for the purposes of the Environmental Information Regulations 2004. As
such, I believe it the correct approach to consider your request under
the provisions of the Environmental Information Regulations 2004 rather
than under the Freedom of Information Act 2000.
Should you disagree with this approach, you have the right to refer this
matter, and any further issues you might have with the handling of your
request, to the Information Commissioner's Office, whose contact details
are included below:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Email: [email address]
Please note that I intend to respond to your review as soon as possible,
but incidentally by no later than 07/01/2013.
Yours sincerely,
Martin Lawrence
Senior Information Governance Officer
Customer Relations & Information Governance
Room 120
County Hall
Exeter
EX2 4QD
Tel: 01392 384674
Email: [Devon County Council request email]
Disclaimer: http://www.devon.gov.uk/email.shtml
Applicable to private messages: "Devon County Council accepts no legal
responsibility for the contents of this message. The views expressed do
not reflect those of Devon County Council"
*Please note that emails may be disclosed in response to requests under
the Data Protection Act 1998 and the Freedom of Information Act 2000.
Dear Freedom of Information Office - Mailbox,
Why is this FOIA request taking SO long for you to answer?
Yours sincerely,
alan m dransfield
Dear Freedom of Information Office - Mailbox,
Why is this FOIA request taking so long to respond.
Yours sincerely,
alan m dransfield
Dear Mr Dransfield
Environmental Information Regulations 2004
Information Request 03290
Thank you for your recent correspondence concerning the above request concerning the new Incinerator development at Marsh Barton, Exeter. I am sorry that you do not appear to have received the Council's response.
Please find attached my response to your complaint which I hope will provide you the information that you require.
If you remain dissatisfied with the Council's response, you have the right to escalate this matter to the Information Commissioner's Office whose contact details are included below:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Email: [email address]
I hope this information is of assistance to you.
Yours sincerely,
Martin Lawrence
Senior Information Governance Officer
Customer Relations & Information Governance
Room 120
County Hall
Exeter
EX2 4QD
Tel: 01392 384674
Email: [Devon County Council request email]
Disclaimer: http://www.devon.gov.uk/email.shtml
Applicable to private messages: "Devon County Council accepts no legal responsibility for the contents of this message. The views expressed do not reflect those of Devon County Council"
*Please note that emails may be disclosed in response to requests under the Data Protection Act 1998 and the Freedom of Information Act 2000.
Dear Freedom of Information Office - Mailbox,
Dear Mr Lawrence
Thank your for your review decision which you have overturned your original vexatious decision.
Whilst I welcome this decision as the only decision which could have been made by any person applying a right and proper mind.
I now call upon the DCC to review ALL the previous vexatious decision between Feb 05 and today 17th May 2013.
If the DCC Transparency,accountability and security systems is seen to be working it would automatically follow that a FULL REVIEW of all my requests should be undertaken.
Yours sincerely,
alan m dransfield
alan m dransfield (Account suspended) left an annotation ()
Message for Tooltime Timmy Turner (TTT)
Well now triple T, what on earth has caused the DCC to overturn their original vexatious decision and provide me with the sought-after data from my original request.
It would appear to me that the DCC have made drastic changes to their FOIA Policy & Procedures.
Not for one momement, do I believe this MAJOR UTURN has been made by the DCC, I would suggest the DCC Legal Guru has had a good ear bashing from the Powers that be.
Would you now agree with me also 3T,that the DCC NEED to review ALL ther vexatious decisions held against me.
Tim Turner left an annotation ()
I don't think they should bother. If they review all of your requests using the ICO's new guidance on vexatious requests, I doubt any of their decisions will change. But that's up to them. I'm entitled to my opinion, and my opinion is that the overwhelming majority of your requests are vexatious.
When are you going to prove me wrong by going to the Court of Appeal?
alan m dransfield (Account suspended) left an annotation ()
Nice to hear from you again Timmy with your expert views.
Firstly, I am still awaiting confirmation from the Court of Appeal and as soon as I know, I will post it on this wonderful site.
Secondly, this is a significant Policy Change from the DCC ref the way they handle FOIA requests.
The DCC admitted this particular request could not be termed as vexatious because it was a brand New Request,hence, why don't you check out my Historical background of FOIA requests and you will see they have been BRAND NEW requests.
I would envisage the DCC have been leaned upon from a HIGHER AUTHORITY and I would expect a few more U-TURNS shortly.
As you appear to be somewhat of an EXPERT on such issues can you please tell me how the DCC can claim vexatious refusals when I have recently had a 90 minute meeting with the H&S Chief and exchanged several letters with their H&S Guru.
Breaking news this week also that ALL 6 PFI schools in Exeter are now provided with daily bottled water owing to HIGH Levels of Contamination.
Not forgetting of course my next FTT hearing inJuly is connected to these SAME 6 PFI schools.
Thanks God,I am not depending on you to campaign against these school safety issues.
Dear Freedom of Information Office - Mailbox,
I would like to make an addition FOIA request at the New Incinerator Site to include the following information please.
2. Construction Phase of the Health and Safety File.
2. Copy of the approved SHE Plan
3.Copy of the approved Lightning Risk Assessment.
4.Copy of the approved Lightning protection System designed drawings.
Yours sincerely,
alan m dransfield
Dear Mr Dransfield
Environmental Information Regulations 2004
Information Request 03290
Thank you for your recent correspondence, the content of which is duly noted. Please note that if you wish to request a review of the Council's handling of a particular Freedom of Information / Environmental Information Regulations Request, you may request an internal review of each of these requests directly by supplying the relevant reference numbers of those requests you would like to be reviewed. Please note that the Council is not prepared to review decisions which have already been the subject of an internal review.
Should you disagree with the position taken by the Council subsequent to an Internal Review, you have the right to refer these matter to the Information Commissioner's Office - whose contact details are included for your convenience below:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Email: [email address]
With regard to your request (reference 03290) I note you have made further queries regarding this incinerator and these will be acknowledged in due course.
I hope this information is of assistance to you.
Yours sincerely,
Martin Lawrence
Senior Information Governance Officer
Customer Relations & Information Governance
Room 120
County Hall
Exeter
EX2 4QD
Tel: 01392 384674
Email: [Devon County Council request email]
Disclaimer: http://www.devon.gov.uk/email.shtml
Applicable to private messages: "Devon County Council accepts no legal responsibility for the contents of this message. The views expressed do not reflect those of Devon County Council"
*Please note that emails may be disclosed in response to requests under the Data Protection Act 1998 and the Freedom of Information Act 2000.
Dear Leona
Environmental Information Regulations 2004
Information Request 03866
I am in receipt of your request for information dated 19/05/2013 concerning the incinerator development at Marsh Barton.
Please note that your request is to be handled under the provisions of the Environmental Information Regulations 2004. Under the terms of this legislation you are entitled to be informed as to whether or not Devon County Council holds the information you have requested, and if so, to have this information communicated to you within 20 working days. This is of course subject to the application of any relevant exceptions from disclosure.
Devon County Council will endeavour to provide you with a response to your request as soon as possible, but incidentally by no later than 18/06/2013.
Yours sincerely,
Martin Lawrence
Senior Information Governance Officer
Customer Relations & Information Governance
Room 120
County Hall
Exeter
EX2 4QD
Tel: 01392 384674
Email: [Devon County Council request email]
Disclaimer: http://www.devon.gov.uk/email.shtml
Applicable to private messages: "Devon County Council accepts no legal responsibility for the contents of this message. The views expressed do not reflect those of Devon County Council"
*Please note that emails may be disclosed in response to requests under the Data Protection Act 1998 and the Freedom of Information Act 2000.
Alex AM James (Account suspended) left an annotation ()
In the event this Dransfield geezer wins his Court of Appeal case , will this mean the DCC must revoke ALL their vexatious decisions?!?
Tim Turner left an annotation ()
There won't be any need for the decisions to be revoked because each has been made on its own terms. If Mr Dransfield wins his case (and of course, he is absolutely convinced that he will), then he wins his case, that's all. The ICO will probably have to change their guidance and future cases will obviously be decided on what the Court says, but if the applicants in other cases haven't appealed, that's that for their cases.
Of course, in the unfortunate eventuality of Mr Dransfield losing at the Court of Appeal, he may end up having to pay the other sides' costs. The definition of vexatious will stay as it is, and Mr Dransfield will be in a bit of a pickle.
Peter Harry left an annotation ()
Tim Turner,
What makes you think that Mr Dransfield will be liable for costs?
We must not let costs stand in the way of justice.
Tim Turner left an annotation ()
Mr Dransfield has published the decision allowing him to appeal, and the judge specifically mentions costs in that document. It's not my opinion, it's a warning issued by the very judge who has allowed Mr Dransfield to appeal. Ask any ordinary person representing themselves who loses their case at the Court of Appeal - the costs can be huge, and Mr Dransfield may be unlucky enough to face them.
Peter Harry left an annotation ()
No one should have to pay for justice - that is the first point.
Second point.
Remission system
We want to make sure that access to courts and tribunals is available to all. In certain circumstances, individuals may not have to pay a fee. A system known as the remission system is available to those who would have difficulty paying a fee and meet the appropriate criteria.
And the third point on awarding costs.
The judge won't automatically order the losing side to pay costs.
Alex AM James (Account suspended) left an annotation ()
Tim Turner is a self proclaimed FOIA expert but he doesn't even know about the fee remission.
It is wishful thinking by Tool Time Timmy to see me screwed for costs.
I don't think so Tim
Alex AM James (Account suspended) left an annotation ()
The ICO have completely and utterly lost the plot ref the use of pseudonyms being used by FOIA requesters .
In the the ICO pseudonym guidance they claim " the requester shall use his real name".
The FOIA 2000 which is the statutory act not the ICO guidance does not state a REAL name should be used.
Since the FOIA 2000 was entered into the Statute book there must have been s several thousand FALSE names used and now the ICO are picking on Poor Old dransfield again accusing him of using Pseudonyms.
Where has the MoJ been during all these pseudonyms?!
Tim Turner left an annotation ()
I didn't say Dransfield will face the costs. I said he might. I didn't bring up the risk of costs in the first place, the judge did in the document that Dransfield himself published.
At least Dransfield now admits that 'Alex AM James' is just a pseudonym (the ICO accused 'James' of using a pseudonym, but 'James' says it's Dransfield who is being accused).
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alan m dransfield (Account suspended) left an annotation ()
This request is long over due.