Dear Solihull Metropolitan Borough Council,

I refer to the agenda papers for the meeting of Warwick District Council on the 24th February 2016 that are on line at the following link

https://estates4.warwickdc.gov.uk/cmis/M...

Agenda item 14 has an Appendix 1. that is linked off that page.

Buried on page 29 of that Appendix, under the heading “Policy DS NEW 1 Directions for Growth South of Coventry” it states that “proposals should take account of the potential for a new road linking the A46 Stoneleigh junction with Kirby Corner and subsequently to the A452 or A45, which has been identified as an important means of mitigating increased traffic flows on the local and strategic road network; increasing existing strategic highway capacity; and providing an improved future strategic highway link to UK Central;”

I note also the recent report on the website of the Leamington Courier dated Friday 1st April 2016 at this link.

http://www.leamingtoncourier.co.uk/news/...

This article cites council officers stating “the development will also be influenced by a revised masterplan for the University of Warwick and long-term plans for a new road link between the A46 Stoneleigh junction through to the ‘UK Central’ development in Solihull and onto Birmingham Airport, according to council officers”

This would appear to relate to the same road proposal and the comments indicate that the proposals are not as ethereal as the local plan consultation implies.

Under the provisions of the Environmental Information Regulations, please provide all information that you hold relating to such a potential new road development. This would include any reports, plans, cost-benefit analysis and possible route option information. This will include the documentation within which the claimed merits of such a road have been “identified”, and any evidence claimed to substantiate such merits. The information may be held independently by Solihull council or will be included in communications to or from other public agencies.

Yours faithfully,

Paul Thornton

FOI Information Governance Team,

Information request
Our reference: 1425296
 

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Dear Mr Thornton,
 
Environmental Information Regulations 2004
 
Thank you for your request for information that was received on 6 April
2016, the details of which are given below:
 
I refer to the agenda papers for the meeting of Warwick District Council
on the 24th February 2016 that are on line at the following link

https://estates4.warwickdc.gov.uk/cmis/M...

Agenda item 14 has an Appendix 1. that is linked off that page. Buried on
page 29 of that Appendix, under the heading "Policy DS NEW 1 Directions
for Growth South of Coventry" it states that "proposals should take
account of the potential for a new road linking the A46 Stoneleigh
junction with Kirby Corner and subsequently to the A452 or A45, which has
been identified as an important means of mitigating increased traffic
flows on the local and strategic road network; increasing existing
strategic highway capacity; and providing an improved future strategic
highway link to UK Central;"

I note also the recent report on the website of the Leamington Courier
dated Friday 1st April 2016 at this link.

http://www.leamingtoncourier.co.uk/news/...

This article cites council officers stating "the development will also be
influenced by a revised masterplan for the University of Warwick and
long-term plans for a new road link between the A46 Stoneleigh junction
through to the 'UK Central' development in Solihull and onto Birmingham
Airport, according to council officers"

This would appear to relate to the same road proposal and the comments
indicate that the proposals are not as ethereal as the local plan
consultation implies.

Under the provisions of the Environmental Information Regulations, please
provide all information that you hold relating to such a potential new
road development. This would include any reports, plans, cost-benefit
analysis and possible route option information. This will include the
documentation within which the claimed merits of such a road have been
"identified", and any evidence claimed to substantiate such merits. The
information may be held independently by Solihull council or will be
included in communications to or from other public agencies.
 
We are dealing with your request under the Environmental Information
Regulations 2004 and we aim to send a response by 5 May 2016.
 
In some cases, a fee may be payable.  If we decide a fee is payable, we
will send you a fee notice and we will require you to pay the fee before
proceeding with your request.
 
The Environmental Information Regulations 2004 may restrict the release of
some or all of the information you have requested. We will carry out an
assessment and if any exceptions apply to some or all of the information
then we might not provide that information to you. We will inform you if
this is the case and advise you of your rights to request an internal
review and to complain to the Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate). 
 
Yours sincerely,
 
 
Carol Donovan
Corporate Information Governance Officer
Corporate Performance, Policy and Information
Solihull Council
[1]www.solihull.gov.uk
 
NOTE: Please do not edit the subject line when replying to this email.

References

Visible links
1. http://www.solihull.gov.uk/

Carol Donovan
Corporate Information Governance Officer
Corporate Performance, Policy and Information
Solihull Council

Dear Ms Donovan,

Your reference 1425296

I have just realised that your acknowledgement email of the 6th April 2016 documents my EIR enquiry as having been received on the that same day. In fact it was submitted to you electronically on the 1st April as evidenced by it being on line at this address

https://www.whatdotheyknow.com/request/3...

As such, the maximum period allowed for a response under the regulations has already passed. I an sure you will wish to ensure that your response is expedited accordingly.

Yours sincerely,

Dr Paul Thornton

Carol Donovan,

1 Attachment

Information request
Our reference: 1425296
 

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Dear Mr Thornton,
 
Thank you for your request for information received on 6 April
2016. Please find our response attached to this email.
 
Yours sincerely,
 
 
Carol Donovan
Corporate Information Governance Officer
Corporate Performance, Policy and Information
Solihull Council
[1]www.solihull.gov.uk
 
NOTE: Please do not edit the subject line when replying to this email.

References

Visible links
1. http://www.solihull.gov.uk/

Carol Donovan
Corporate Information Governance Officer
Resources Directorate
Corporate Performance, Policy and Information
Council House
Manor Square,
Solihull West Midlands B91 3QB

Your Ref: 1425296

Dear Ms Donovan,

Thank you for your letter dated the 4th May 2016 in respect of my request for information with regard to a new road proposal from the A46 at Stoneleigh to the A45 and A452.

I am grateful for your clear intention to be helpful and for the background clarification that you have provided.

However, I note that you hold two documents supplied to you by Coventry City Council. You have acknowledged that they fall under the provisions of the Environmental Information Regulations but you have refused to publish the information claiming the engagement of EIR 12(4)(d)

I am writing to appeal that decision under EIR section 11.

While the road scheme proposal may be at an early stage of development, this is not sufficient to engage the exemption that you claim. Having been sent to Solihull Council, the documents are complete. They are not draft documents. The fact that another public authority has not completed a particular project does not make the documents you hold “material that is in the course of completion”.

I draw your attention to the decision notice in respect of case reference FER0349127 that is at this link:

https://ico.org.uk/media/action-weve-tak...

Which is cited in guidance from the ICO here:

https://ico.org.uk/media/for-organisatio...

The circumstances in that case are wholly analogous to the circumstances in this case. The exemption is not engaged.

Further, even if this exemption was engaged, no public interest analysis has been provided in respect of your decision to with hold the information. Certainly there is no substantiation of a public interest specific to this particular case that is sufficient to override the normal presumption in favour of publication set out in the EIRs.

Finally, in contrast to FOIA, the EIRs explicitly require that responses are provided “as soon as possible”. The protracted period otherwise permitted under the regulations is an absolute maximum. Your response was provided substantially beyond even that maximum. There can be no legitimate justification for such an extensive period to be required in this particular case, not least as it relates to just two documents.

The “as soon as possible” obligation persists in respect of responses to requests for review such as this one. I trust that you will provide the information without further prevarication. But even if it is your persisting intention to withhold the information a response should be provided without delay so that my appeal to the Commissioner can be expedited. This urgency is essential to fulfil the overriding purpose of the regulations.

I am grateful for your assistance.

Yours sincerely,

Dr Paul Thornton

Andy Shipway,

Information request
Our reference: 1425296
 

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Dear Mr Thornton
 
Thank you for your request for a review. I am sorry that you are
dissatisfied with our attempts to handle your request under the
Environmental Information Regulations 2004.
 
I can confirm that I am  considering the points you raise and will aim to
provide you with a response by 16 June 2016.
 
 
Yours sincerely
 
 
Andy Shipway
Corporate Information Governance Manager
Information Governance Team
Solihull Council

Tel: 0121 704 6251
[1]www.solihull.gov.uk
 
NOTE: Please do not edit the subject line when replying to this email.

References

Visible links
1. http://www.solihull.gov.uk/

Andy Shipway,

1 Attachment

Information request
Our reference: 1425296
 

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Dear Mr Thornton

Please find attached the results of my investigation into your recent
appeal.
 
Yours sincerely
 
 
Andy Shipway
Corporate Information Governance Manager
Information Governance Team
Solihull Council

Tel: 0121 704 6251
[1]www.solihull.gov.uk

References

Visible links
1. http://www.solihull.gov.uk/

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