Norwich Western Link - Route Refinement Options
Dear Norfolk County Council,
I am writing under the Freedom of Information Act 2000 and/or Environmental Information Regulations act to request the following information regarding the Norwich Western Link Project:
Reports, reviews, or technical notes regarding the Norwich Western Link route refinement options produced by WSP or Ferrovial for Norfolk County Council between October 1st, 2021 and June 1st, 2022.
I made a similar request earlier this year which was denied because the decision on the route refinement was in the process of being made. Now the finalised route refinement is in the public domain I hope that you can see fit to release any documents informing the process of that selection given the very strong public interest in this matter.
If it is not possible to provide the information requested due to the information exceeding the cost of compliance limits identified in Section 12, please provide advice and assistance, under the Section 16 obligations of the Act, as to how I can refine my request.
If you can identify any ways that my request could be refined I would be grateful for any further advice and assistance.
If you have any queries please don’t hesitate to contact me via email to discuss the request.
Thank you for your time and I look forward to your response.
Yours faithfully,
Dr. Iain Robinson
Dear Dr Iain Robinson
Freedom of Information Act 2000/Environmental Information Regulations 2004
Information Request ENQ-600503-R8G1R7
Thank you for your request for information received on 25/11/2022.
We have up to 20 working days in which to deal with your request.
If we require clarification of your request we will contact you to explain this, and the 20 working-day period will then start from the day that we receive your clarification.
We will inform you in advance if there is a charge for supplying copies of any information, and we will provide an explanation if any information which we hold is not released to you.
If the requested information contains references to any third parties, we may need to seek their views before we can decide whether or not to release the information to you. In such cases we will not share your own personal details with third parties.
Should you have any queries regarding your request, please contact the team by email at [Norfolk County Council request email] or by telephone on 01603 222661.
Please also note for future reference that requests can be submitted online. Further information and the online request form can be found via the following link:
About the FOI Act and making a request - Norfolk County Council
Yours sincerely
Information Management Team
Strategy and Transformation Department
South Wing , Ground Floor
To Dr Robinson,
Thank you for your FOI dated 25/11/2022.
The Norwich Western Link team appended the Alignment Refinement Appraisal
report with the Cabinet Report on 04/07/2022. Please see link to the
[1]cabinet agenda papers for July 2022. You will find the Alignment
Refinement Appraisal report within pages 70-105.
Kind Regards
Richard Flowers
Norwich Western Link would like to recall the message, "ENQ-600503-R8G1R7 RE: Freedom of Information request - Norwich Western Link - Route Refinement Options".
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Norwich Western Link would like to recall the message, "ENQ-600503-R8G1R7 RE: Freedom of Information request - Norwich Western Link - Route Refinement Options".
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To see our email disclaimer click here http://www.norfolk.gov.uk/emaildisclaimer
Dear Iain Robinson
Environmental Information Regulations Request ENQ-600503-R8G1R7
I refer to your request for information dated 25^th November 2022.
You asked for:
I am writing under the Freedom of Information Act 2000 and/or
Environmental Information Regulations act to request the following
information regarding the Norwich Western Link Project:
Reports, reviews, or technical notes regarding the Norwich Western Link
route refinement options produced by WSP or Ferrovial for Norfolk County
Council between October 1st, 2021 and June 1st, 2022.
Our response:
The Norwich Western Link team appended the Alignment Refinement Appraisal
report with the Cabinet Report on 04/07/2022. Please see link to the
[1]cabinet agenda papers for July 2022. The Alignment Refinement Appraisal
report can be found on pages 70-105.
If you are dissatisfied with our handling of your request you have the
right of appeal through the Council’s internal review procedure by setting
out the grounds of your appeal in writing to:
[2][Norfolk County Council request email]
or Information Compliance Team
County Hall
Martineau Lane
Norwich
NR1 2DH
An appeal should be submitted within 40 working days of the date of this
notice and should be identified as "EIR Appeal".
If you are dissatisfied after pursuing the appeal procedure, you may apply
to the Information Commissioner for a decision whether your request for
information has been dealt with in accordance with the Regulations. Refer
to the ICO Website at: [3]https://ico.org.uk/concerns/ for advice on how
to report a concern. Or you can write to them at:
First Contact Team
Information Commissioner's Office
Wycliffe House
Water Lane, Wilmslow
Cheshire
SK9 5AF
Yours sincerely,
Information Compliance Officer
Strategy and Transformation
Dept: 01603 222661
County Hall
[4]Norfolk County Council[5] [6]Twitter[7] [8]Facebook[9] [10]Web
[11]Campaign Logo
Dear Information Compliance Team,
INTERNAL REVIEW REQUEST: Environmental Information Regulations Request ENQ-600503-R8G1R7
I refer to your response dated 8th December 2022.
I asked for:
Reports, reviews, or technical notes regarding the Norwich Western Link
route refinement options produced by WSP or Ferrovial for Norfolk County
Council between October 1st, 2021 and June 1st, 2022.
Your response:
The Norwich Western Link team appended the Alignment Refinement Appraisal
report with the Cabinet Report on 04/07/2022. Please see link to the
[1]cabinet agenda papers for July 2022. The Alignment Refinement Appraisal
report can be found on pages 70-105.
Grounds for INTERNAL REVIEW. Your response does not attempt to fulfil my request. The response had also previously been sent and then recalled.
Please note the date range I am requesting data for (October 1st, 2021 and June 1st, 2022) and please note that I am requesting all 'Reports, reviews, or technical notes' within that date range regarding the Norwich Western Link route refinement options. The Alignment Refinement Appraisal report does not fall within this date range.
Yours sincerely,
Dr Iain Robinson
Dear Dr Robinson,
Your below appeal is acknowledged, and an internal review will be
undertaken. Internal reviews under the EIR should be concluded within 20
working days, and so you should receive a response to your appeal by 11
January 2023. The timeframe can be extended to 40 working days if required
due to complexity, and you will be notified if this proves necessary.
Yours sincerely,
Information Compliance Team
Information Governance
Insight & Analytics, Strategy & Transformation
Tel: 01603 222661
County Hall
[1]Norfolk County Council [2]Twitter[3]Facebook[4]Web
Dear Dr Robinson,
Whilst the Information Commissioner has a general expectations that EIR
internal reviews will be completed within 20 working days, the EIR itself
does allow for up to 40 working days. We are currently liaising with 3^rd
parties regarding the information under review following your appeal, and
this process has been somewhat delayed by the Christmas and New Year
holiday period. Accordingly, we will need to take additional time beyond
the 20 working days which expire today, and therefore will now provide you
with an internal review response by 8 February 2023 at the latest. It is
anticipated that a response will nevertheless be provided in advance of
that date.
Yours sincerely
Information Compliance Manager (FOI Lead)
Information Governance
Insight & Analytics, Strategy & Transformation
Tel: 01603 222661
County Hall
[1]Norfolk County Council [2]Twitter[3]Facebook[4]Web
From: Freedom of Information
Sent: 12 December 2022 09:59
To: [FOI #923839 email]
Subject: ENQ-600503-R8G1R7 Norwich Western Link - Route Refinement Options
INTERNAL REVIEW
Dear Dr Robinson,
Your below appeal is acknowledged, and an internal review will be
undertaken. Internal reviews under the EIR should be concluded within 20
working days, and so you should receive a response to your appeal by 11
January 2023. The timeframe can be extended to 40 working days if required
due to complexity, and you will be notified if this proves necessary.
Yours sincerely,
Information Compliance Team
Information Governance
Insight & Analytics, Strategy & Transformation
Tel: 01603 222661
County Hall
[5]Norfolk County Council [6]Twitter[7]Facebook[8]Web
Dear Dr Robinson,
As we have now reached day 40, I wanted to update you on progress with the
internal review. Regrettably we need a little more time in order to
finalise our position, however, this is on the basis that we are now
likely to revise our position.
I apologise for the time taken to conclude this matter.
Yours sincerely
Information Compliance Manager (FOI Lead)
Information Governance
Insight & Analytics, Strategy & Transformation
Tel: 01603 222661
County Hall
[1]Norfolk County Council [2]Twitter[3]Facebook[4]Web
From: Freedom of Information
Sent: 11 January 2023 10:30
To: [FOI #923839 email]
Subject: ENQ-600503-R8G1R7 Norwich Western Link - Route Refinement Options
INTERNAL REVIEW
Dear Dr Robinson,
Whilst the Information Commissioner has a general expectations that EIR
internal reviews will be completed within 20 working days, the EIR itself
does allow for up to 40 working days. We are currently liaising with 3^rd
parties regarding the information under review following your appeal, and
this process has been somewhat delayed by the Christmas and New Year
holiday period. Accordingly, we will need to take additional time beyond
the 20 working days which expire today, and therefore will now provide you
with an internal review response by 8 February 2023 at the latest. It is
anticipated that a response will nevertheless be provided in advance of
that date.
Yours sincerely
Information Compliance Manager (FOI Lead)
Information Governance
Insight & Analytics, Strategy & Transformation
Tel: 01603 222661
County Hall
[5]Norfolk County Council [6]Twitter[7]Facebook[8]Web
From: Freedom of Information
Sent: 12 December 2022 09:59
To: [9][FOI #923839 email]
Subject: ENQ-600503-R8G1R7 Norwich Western Link - Route Refinement Options
INTERNAL REVIEW
Dear Dr Robinson,
Your below appeal is acknowledged, and an internal review will be
undertaken. Internal reviews under the EIR should be concluded within 20
working days, and so you should receive a response to your appeal by 11
January 2023. The timeframe can be extended to 40 working days if required
due to complexity, and you will be notified if this proves necessary.
Yours sincerely,
Information Compliance Team
Information Governance
Insight & Analytics, Strategy & Transformation
Tel: 01603 222661
County Hall
[10]Norfolk County Council [11]Twitter[12]Facebook[13]Web
Dear Information Compliance Team,
Many thanks for your update (08/02/23).
You wrote:
"As we have now reached day 40, I wanted to update you on progress with the
internal review. Regrettably we need a little more time in order to
finalise our position, however, this is on the basis that we are now
likely to revise our position."
As you acknowledge your team should by now, by law, have responded to this request for an internal review. More than 40 working days have passed since my request for an internal review and more than 60 since the original request.
Your response refers to 'a little more time'. Please provide an new estimate delivery date for the completion of this request/review.
Your response says that 'we are now likely to revise our position'. Please could you clarify what your position is? I put it to you that the position should be simple, the information can be searched for, which surely not a difficult task with this request, and made available.
I would appreciate a prompt response to this communication.
Yours faithfully,
Dr Iain Robinson
Dear Dr Robinson,
The intention is to respond by Friday 17 February.
Regarding reference to a change of position, my apologies as I now realise
that I had mistakenly thought we had previously refused to release the
information which we are now likely to disclose. However, your ground for
challenge was that we had only originally identified a document which fell
outside of the timespan of your request, and so the information now being
reviewed was identified following your challenge.
Yours sincerely
Information Compliance Manager (FOI Lead)
Information Governance
Insight & Analytics, Strategy & Transformation
Tel: 01603 222661
County Hall
[1]Norfolk County Council [2]Twitter[3]Facebook[4]Web
Dear Dr Robinson,
Further to your below appeal, and subsequent email communications, please
accept my apology for the delay in issuing a formal response.
On 25 November 2022 you requested the following:
Reports, reviews, or technical notes regarding the Norwich Western Link
route refinement options produced by WSP or Ferrovial for Norfolk County
Council between October 1st, 2021 and June 1st, 2022
The County Council responded on 8 December with a link to published
information as follows:
The Norwich Western Link team appended the Alignment Refinement Appraisal
report with the Cabinet Report on 04/07/2022. Please see link to the
[1]cabinet agenda papers for July 2022. The Alignment Refinement Appraisal
report can be found on pages 70-105.
In your appeal on 9 December, you advise that the published ‘Alignment
Refinement Appraisal’ report does not fall within the timeframe specified
in your original request.
My review
Your principal point of challenge is accepted and upheld. Accordingly,
further information has been identified, in the form of a report to the
County Council by Ferrovial, dated 31 January 2022. This report, together
with appendices, is now attached.
A very small number of redactions have been made under two of the
exceptions to disclosure provided by the Environmental Information
Regulations (the EIR). These are detailed below.
Please also note that the Ferrovial report was completed earlier in the
design stage and refers to a hop over. In the Pre-Planning Application
Consultation brochure, it was stated that in the northern section we were
considering two designs, the landscape ‘hop over’ and a green bridge
alternative.
Regulation 13(1) – Personal data
In the main report, the names of individual Ferrovial employees have been
redacted under Regulation 13(1) of the EIR, which provides that the
Council is not required to disclose the personal information of either the
requester or any other individual if disclosure would contravene the
rights of the individuals to whom the data relates. The individuals in
question have a reasonable expectation that their details will not be
disclosed into the general public domain.
Regulation 12(5)(g) – Protection of the environment to which information
relates
Within the appendices redactions have been made on pages 9, 10 and 34,
where details of the specific location of a badger sett are recorded. The
ICO guidance on regulation 12(5)(g) refers to the protection of a badger
sett as an example when discussing the elements of the environment listed
under regulation 2(1)(a), and specifically “biological diversity and its
components”. It is my view therefore that any indication of precise
location should not be disclosed into the general public domain.
If you are dissatisfied after pursuing the appeal procedure, you may apply
to the Information Commissioner under Section 50 of the Act for a decision
whether your request for information has been dealt with in accordance
with the requirements of Part I of the Act. Refer to the ICO Website at:
[2]https://ico.org.uk/concerns/ for advice on how to report a concern. Or
you can write to them at:
First Contact Team
Information Commissioner's Office
Wycliffe House
Water Lane, Wilmslow
Cheshire
SK9 5AF
Yours sincerely
Information Compliance Manager (FOI Lead)
Information Governance
Insight & Analytics, Strategy & Transformation
Tel: 01603 222661
County Hall
[3]Norfolk County Council [4]Twitter[5]Facebook[6]Web
From: Freedom of Information
Sent: 09 February 2023 16:19
To: [FOI #923839 email]
Subject: ENQ-600503-R8G1R7 - Norwich Western Link - Route Refinement
Options
Dear Dr Robinson,
The intention is to respond by Friday 17 February.
Regarding reference to a change of position, my apologies as I now realise
that I had mistakenly thought we had previously refused to release the
information which we are now likely to disclose. However, your ground for
challenge was that we had only originally identified a document which fell
outside of the timespan of your request, and so the information now being
reviewed was identified following your challenge.
Yours sincerely
Information Compliance Manager (FOI Lead)
Information Governance
Insight & Analytics, Strategy & Transformation
Tel: 01603 222661
County Hall
[7]Norfolk County Council [8]Twitter[9]Facebook[10]Web
Dear Information Compliance Team,
Many thanks for sending this report authored by Ferrovial.
I do however believe that there should have been an equivalent report circulated on the same subject authored by WSP or co-authored by WSP/Norfolk County Council.
Can you assure me that all available reports have been released and that nothing has been omitted?
Yours sincerely,
Iain Robinson
Dear Dr Robinson,
I am taking this up with the relevant project team and will come back to you as soon as we can.
Yours sincerely
Information Compliance Manager (FOI Lead)
Information Governance
Insight & Analytics, Strategy & Transformation
01603 222661
County Hall
Dear Dr Robinson,
Further to below, I have been advised that you were previously directed to
the WSP Alignment Refinement appraisal report, as shown in the attached
email. This is the only WSP report on the same subject.
Yours sincerely,
Information Compliance Manager (FOI Lead)
Information Governance
Insight & Analytics, Strategy & Transformation
01603 222661
County Hall
[1]Norfolk County Council [2]Twitter[3]Facebook[4]Web
Dear Information Compliance Team,
Many thanks for your response dated 17th April.
You will recall that the information you refer to fell outside of the date ranch of the information requested. I request again that you search for a report or reports produced or circulated on the same subject authored by WSP or co-authored by WSP/Norfolk County Council between October 1st, 2021 and June 1st, 2022.
Th continued frustration of this request would be a serious breach of the FOI Act if such information subsequently comes to light.
Yours sincerely,
Dr Iain Robinson
Dear Dr Iain Robinson
Freedom of Information Act 2000/Environmental Information Regulations 2004
Information Request ENQ-627760-D4C8Q7
Thank you for your request for information received on 18/04/2023.
We have up to 20 working days in which to deal with your request.
If we require clarification of your request we will contact you to explain this, and the 20 working-day period will then start from the day that we receive your clarification.
We will inform you in advance if there is a charge for supplying copies of any information, and we will provide an explanation if any information which we hold is not released to you.
If the requested information contains references to any third parties, we may need to seek their views before we can decide whether or not to release the information to you. In such cases we will not share your own personal details with third parties.
Should you have any queries regarding your request, please contact the team by email at [Norfolk County Council request email] or by telephone on 01603 222661.
Please also note for future reference that requests can be submitted online. Further information and the online request form can be found via the following link:
About the FOI Act and making a request - Norfolk County Council
Yours sincerely
Information Management Team
Strategy and Transformation Department
South Wing , Ground Floor
Dear Dr Robinson,
Please find below our response to your enquiry.
Your request
You will recall that the information you refer to fell outside of the date
ranch [sic] of the information requested. I request again that you search
for a report or reports produced or circulated on the same subject
authored by WSP or co-authored by WSP/Norfolk County Council between
October 1st, 2021 and June 1st, 2022.
Our response
Whilst this is not an internal review response, it is important to review
the history leading to this repeat request, which relates to your prior
enquiries handled under our reference ENQ-600503-R8G1R7.
On 25 November 2022 you originally requested the following:
I am writing under the Freedom of Information Act 2000 and/or
Environmental Information Regulations act to request the following
information regarding the Norwich Western Link Project:
Reports, reviews, or technical notes regarding the Norwich Western Link
route refinement options produced by WSP or Ferrovial for Norfolk County
Council between October 1st, 2021 and June 1st, 2022.
I made a similar request earlier this year which was denied because the
decision on the route refinement was in the process of being made. Now the
finalised route refinement is in the public domain I hope that you can see
fit to release any documents informing the process of that selection given
the very strong public interest in this matter.
In response to the above, on 8 December 2022, the County Council responded
as follows:
The Norwich Western Link team appended the Alignment Refinement Appraisal
report with the Cabinet Report on 04/07/2022. Please see link to the
[1]cabinet agenda papers for July 2022. The Alignment Refinement Appraisal
report can be found on pages 70-105.
In your subsequent appeal on 9 December 2022, you stated:
Please note the date range I am requesting data for (October 1st, 2021 and
June 1st, 2022) and please note that I am requesting all 'Reports,
reviews, or technical notes' within that date range regarding the Norwich
Western Link route refinement options. The Alignment Refinement Appraisal
report does not fall within this date range.
Following an internal review of the response provided under
ENQ-600503-R8G1R7, your appeal was upheld, and, on 17 February 2023, you
were provided with further information which had been identified. This
being a report to the County Council by Ferrovial, dated 31 January 2022.
On 20 March you emailed with a query:
Many thanks for sending this report authored by Ferrovial. I do however
believe that there should have been an equivalent report circulated on the
same subject authored by WSP or co-authored by WSP/Norfolk County Council.
Can you assure me that all available reports have been released and that
nothing has been omitted?
Our response to this on 17 April was as follows:
Further to below, I have been advised that you were previously directed to
the WSP Alignment Refinement appraisal report, as shown in the attached
email. This is the only WSP report on the same subject.
Your most recent request
Your latest request on 18 April 2023 was in response to the reply which
you received on 17 April, as above.
It is worth clarifying that the County Council fully understands that the
published WSP Alignment Refinement appraisal report post-dates the
timeframe which you stipulated in your original request. However, it
remains the case that, whilst it was finalised and published after the
relevant timeframe, this is the only other report relating to the subject
matter of your enquiries (in addition to the Ferrovial report).
It is not clear why you believe that other reports are held. Whilst it was
regrettable that further relevant information did come to light after your
appeal, as far as the County Council is concerned, following the internal
review response issued on 17 February 2023 we have now complied with your
requirement for “any documents informing the process of that selection “,
which were “produced by WSP or Ferrovial”.
If you are dissatisfied with our handling of your request you have the
right of appeal through the Council’s internal review procedure by setting
out the grounds of your appeal in writing to:
[2][Norfolk County Council request email]
or Information Compliance Team
County Hall
Martineau Lane
Norwich
NR1 2DH
An appeal should be submitted within 40 working days of the date of this
notice and should be identified as "EIR Appeal".
If you are dissatisfied after pursuing the appeal procedure, you may apply
to the Information Commissioner for a decision whether your request for
information has been dealt with in accordance with the Regulations. Refer
to the ICO Website at: [3]https://ico.org.uk/concerns/ for advice on how
to report a concern. Or you can write to them at:
First Contact Team
Information Commissioner's Office
Wycliffe House
Water Lane, Wilmslow
Cheshire
SK9 5AF
Yours sincerely,
Information Compliance Manager (FOI Lead)
Information Governance
Insight & Analytics, Strategy & Transformation
01603 222661
County Hall
[4]Norfolk County Council [5]Twitter[6]Facebook[7]Web
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