Proposed tTRO - various lanes, Holmfirth (DEV/HG/D116-2402)

Dear Sarah Wyatt

I confirm receipt of your information request and that we are dealing with this and will respond to you in due course.

The Freedom of Information Act 2000 and Environmental Information Regulations 2004 allow up to 20 working days for responding to information requests.

If you are not content with the handling of your request, you have the right to ask for an internal review. Requests for internal reviews should be addressed to the Monitoring Officer, PO Box 1720, Huddersfield HD1 9EL. Alternatively, you can send an email to: [email address].

Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of any review you have the right under section 50 of the 2000 Act to apply to the Information Commissioner for a decision as to whether your request for information has been dealt with in accordance with the requirements of the Act. The Information Commissioner’s website is at www.ico.org.uk and gives more information about the role and duties of the Commissioner. The ICO telephone helpline on 0303 123 1113 or 01625 545745 is available between 9am and 5pm, Monday to Friday.

Regards

Sarah Dyson

Information Governance Team
Kirklees Council
Governance Service
PO Box 1720
HUDDERSFIELD
HD1 9EL

Telephone: 01484 221000 (voice activated switchboard – please ask for Freedom of Information)

For more information about how we deal with your personal data, please see the Kirklees Council privacy notice

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Good Morning Ms Wyatt

I would like to apologise for the delay in responding to your request for information.

The Service of the Council responsible for providing the information to answer your request are aware of the urgency of this matter and are working to provide a response as soon as possible.

Please accept my apologies for any inconvenience caused by this delay

Regards

John Shannon
Kirklees Council, Governance Service
PO Box 1720, Huddersfield, HD1 9EL
Telephone: 01484 221000 (voice activated switchboard – please ask for Data Protection)

For more information about how we deal with your personal data, please see the Kirklees Council privacy notice

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Dear Sarah Wyatt,

I am writing in response to your request dated 14 April 2025. This has
been dealt with under the Freedom of Information Act 2000.

May I first of all apologise for the delay in responding to your request.

You asked for the following information:

I am interested in understanding more about your proposed temporary TRO
scheme for various lanes in Holmfirth outlined as follows, ref:
DEV/HG/D116-2402:

CHEESE GATE NAB

BROWNHILL LANE

HOLME WOODS LANE

KILN BENT ROAD

OLD GATE

RAKE HEAD ROAD

RAMSDEN LANE

RAMSDEN ROAD

SCALY GATE

SCAR END LANE

I would like to know of any relevant information in the Council’s
possession relating to the proposal, the lanes or their state of repair
and specifically including at least:

1.  Any Site History Report/Highway Activity Log (or similar report about
the state of the lanes, requests and/or activities to maintain them, etc)

2.  Detail of any repairs made to the lanes (by the Council or of which
the Council is otherwise aware) in the most recent two years;

3.  Any plans or proposals for further works to the lanes

The Council’s response to your specific questions is set out below:

Please note that there is no temporary TRO for any of these lanes outside
of Highway works. There is a permanent TRO that covers some of them that
was signed off at CCLI on the 15th April 2025, details are here under
Order No2:  [1]Agenda for Cabinet Committee - Local Issues on Tuesday 15th
April 2025, 10.00 am | Kirklees Council

Question 1

Please find attached details relating to service requests and safety
inspections for:

Brownhill Lane

Cheese Gate Nab Side (service request report only)

Holme Woods Lane

Kiln Vent Road

Rake Head Road (inspection record only)

Scaly Gate

Scar End Lane

The remaining locations do not form part of the adopted highway network,
but are recorded as Public Rights of Way (byways).  These are:

Old Gate (BYWAY – Recorded as HOL/182/10)

Ramsden Lane (BYWAY – Recorded as HOL/180/10)

Ramsden Road (BYWAY – Recorded as HOL/90/30)

To provide the information requested for these locations would exceed the
time/cost limit, see the section 12 refusal below*

Please note the provided documents have been redacted for personal
information under section 40(2) of the Freedom of Information Act 2000.

Question 2

The Highways Safety Inspection records for each location, where provided,
include details of repairs made.

In addition to this, for Ramsden Road/Ramsden Lane, Holmbridge we can
advise as follows:

TTRO road closure in place until 22 December 2025 to facilitate repairs.
Closed from White Gate Road to Brownhill Lane.

Phase 1 - Ramsden Road from White Gate Road to Ramsden Lane.

Works undertaken from 2 September 2024 to the 5 November 2024

Works included pothole repairs together with the regrading and resurfacing
of the existing byway with crusher run stone together with the
installation of drainage bars and drainage ditches as surface water
management.

Phase 3 - From Brownhill Lane for a distance of 80m up Ramsden Lane from
Ramsden House.

Works undertaken from 02 December 2024 to the 20 December 2024

Works included the regrading and resurfacing of the existing byway with
crusher run stone together with the installation of drainage bars and
drainage ditches as surface water management.

Phase 2 - Ramsden Lane – 250m section of badly eroded byway

Programmed for Summer 2025.

Works to include the regrading and resurfacing of the existing byway with
crusher run stone together with the installation of drainage bars and
drainage ditches as surface water management.

Question 3

Please refer to Phase 2 of the Ramsden Lane programme of works included in
the response to question 2.

* The Council can confirm that it does hold information falling within
the scope of your request but believes that it would exceed the
appropriate time limit for complying with the request in order to provide
it.

Section 12 of the Freedom of Information Act 2000 allows a public
authority to refuse a request if the cost of providing the information to
the applicant would exceed the ‘appropriate limit’ as defined by the
Freedom of Information and Data Protection (Appropriate Limit and Fees)
Regulations 2004:

12 Exemption where cost of compliance exceeds appropriate limit

(1) Section 1(1) does not oblige a public authority to comply with a
request for information if the authority estimates that the cost of
complying with the request would exceed the appropriate limit.

(2) Subsection (1) does not exempt the public authority from its
obligation to comply with paragraph (a) of section 1(1) unless the
estimated cost of complying with that paragraph alone would exceed the
appropriate limit.

The Regulations provide that the appropriate limit to be applied to
requests received by local authorities is £450 (equivalent to 2.5 days (or
18 hours) of work).  In estimating the cost of complying with a request
for information, an authority can only take into account any reasonable
costs incurred in:

(a) determining whether it holds the information,
(b) locating the information, or a document which may contain the
information,
(c) retrieving the information, or a document which may contain the
information, and
(d) extracting the information from a document containing it.

For the purposes of the estimate the costs of performing these activities
should be estimated at a rate of £25 per hour.

The Council does hold information falling within the scope requested but
much of it is in a format that would require an extensive search through
records and a judgement to be made about whether particular documents or
extracts of documents were relevant or not. 

The Council believes that it would take a considerable amount of time to
extract and collate the information requested; it would need to ask a
number of officers to check records to determine whether they hold any
information falling within the scope of your request.  Taking into account
the likely costs of searching the records and the number of people that
would need to be involved, the Council believes that the cost of complying
with your request would far exceed the appropriate limit of £450.  The
Council is unable to provide a more detailed cost estimate as it believes
that the cost of doing so would, in itself, exceed the appropriate limit.

The request for disclosure of the information is therefore refused under
section 12 of the Freedom of Information Act 2000. 

Under section 1(3) of the Act, a public authority need not comply with a
request unless any further information reasonably required to locate the
information is supplied.  If a request is too broad or general in nature,
then public authorities have a duty to provide advice and assistance to
the applicant in order to focus the request.  Although the Council cannot
answer your request as it currently stands, it might be able to answer a
refined request within the cost limit. You may wish to consider narrowing
the scope of your request, for example by restricting the time frame or
selecting those items / issues you consider the most important, it might
be possible to comply, subject to the application of any exemptions. 
Please do be aware that the Council cannot guarantee at this stage that a
refined request will fall within the appropriate cost limit.

Although excess cost removes the Council’s obligations under the Freedom
of Information Act, as a gesture of goodwill, I have supplied information
relative to your request, retrieved or available before it was realised
that the fees limit would be exceeded. I trust this is helpful, but it
does not affect our legal right to rely on the fees regulations for the
remainder of your request.

I am sorry that on this occasion the Council has not been able to answer
your request in full. You have the right to appeal this decision if you
think it is incorrect.

If you are not content with the handling of your request, you have the
right to ask for an internal review.  Requests for internal reviews should
be submitted within 2 months of the date of receipt of the response to
your original request and should be addressed to the Monitoring Officer,
PO Box 1720, Huddersfield HD1 9EL.  Alternatively, you can send an email
to: [2][email address]. 

Please remember to quote the reference number above in any future
communications.

If you are not content with the outcome of any review you have the right
under section 50 of the 2000 Act to apply to the Information Commissioner
for a decision as to whether your request for information has been dealt
with in accordance with the requirements of the Act.  The Information
Commissioner’s website is at [3]www.ico.org.uk and gives more information
about the role and duties of the Commissioner.  The ICO telephone helpline
on 0303 123 1113 or 01625 545745 is available between 9am and 5pm, Monday
to Friday.

Yours sincerely

Information Governance Team

Kirklees Council
Governance Service

PO Box 1720
HUDDERSFIELD
HD1 9EL

Telephone: 01484 221000 (voice activated switchboard – please ask for
Freedom of Information)

For more information about how we deal with your personal data, please see
the [4]Kirklees Council privacy notice

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Dear Ms Wyatt

Freedom of Information Act (FoI)

Request for Review

I refer to your email dated 4 June 2025 addressed to the Freedom of
Information team.

The Council aims to respond to requests for any review of the handling of
information requests within the following timescales:

·         FoI within 20 working days and certainly before the 40 working
day deadline; there is no legislative deadline for responding to appeals
under FoI

Mrs Lawton will write to you when the review has been completed.  If you
wish to provide any further information to assist Mrs Lawton with her
conduct of the review you are welcome to do so. 

The Information Commissioner's website at [1]www.ico.org.uk sets out
detailed information about his role, the operation of the Freedom of
Information Act / Environmental Information Regulations and includes the
Commissioner's detailed guidance.

Yours sincerely

Samantha Lawton

Monitoring Officer

Legal, Governance & Commissioning (Monitoring Officer)

1^st Floor

Civic Centre III

Huddersfield  HD1 2EY

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This email and any attachments are confidential. If you have received this
email in error – please notify the sender immediately, delete it from your
system, and do not use, copy or disclose the information in any way.
Kirklees Council monitors all emails sent or received.

References

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2. http://www.kirklees.gov.uk/
3. https://www.kirklees.gov.uk/
4. http://www.kirkleestogether.co.uk/
5. http://www.kirklees.gov.uk/stayconnected
6. https://www.facebook.com/liveinkirklees
7. https://twitter.com/KirkleesCouncil