Reason for delay in sending files to Welsh Government

The request was partially successful.

Dear Caerphilly County Borough Council,

On 8th October 2014 the Rights of Way cabinet committee unanimously voted to make
a Modification Order to amend the Monmouthshire County Council Definitive Map and Statement of Public Rights of Way in respect of deleting Footpath 147 in the Community of Mynyddislwyn. In the run up to the meeting a huge file comprising 128 pages had been compiled to help the committee reach a decision.
As there has been opposition to this order the papers must be sent to the Welsh Government for a decision.

Under the Freedom of Information Act please

[1] Would you inform me whether the authority has considered it necessary to seek further evidence that Footpath 147 in the Community of Mynyddislwyn was included in the Definitive Map and Statement in error.

[2] If so, what other evidence has been found to support the authority’s contention that Footpath 147 in the Community of Mynyddislwyn was included in the Definitive Map and Statement in error.

[3] If there has not been a need to investigate further could you please inform me why after 15 months the files have not been sent to the Welsh Ministers for determination.

Yours faithfully,

Maggie Thomas

WWW: FOI, Caerphilly County Borough Council

1 Attachment

Dear Maggie Thomas

 

INFORMATION REQUEST

 

Thank you for your request for information, which we received on 4^th
January 2015. This e-mail is intended to acknowledge your request, and we
will respond to your request in a separate e-mail.

 

Most information requests are dealt with under the Freedom of Information
Act 2000.  However environmental information is considered for disclosure
under the Environmental Information Regulations 2004.  If the information
you have requested is personal information about yourself, we must
consider disclosure under the Data Protection Act 1998.  If this is the
case we will provide you with a subject access request form for completion
and notify you of relevant timescales and fees.

 

We will transfer the request to the correct legislation automatically, as
required by the Freedom of Information Act.  For further information on
how we will deal with your request, please see the table below.

 

If you have any queries or concerns then please contact me.

 

Yours sincerely  

 

GARETH GRIFFITHS

Corporate Information Governance Assistant

 

 

 

 

[1]cid:image001.png@01D12CEE.197F0B50 Freedom of Information Act 2000 &

  Environmental Information
Regulations 2004

 

We will consider the following points in dealing with your request for
information.

 

Timescales for We will consider your request and you should
responding to you receive the information within the statutory
timescale of 20 working days, unless the
information is not held or is exempt from
disclosure. Both the Freedom of Information Act
and the Environmental Information Regulations
allow this timescale to be extended in certain
circumstances.  If your request is affected by a
timescale extension we will explain this to you.
Third Party Information If the information you request contains reference
to a third party they may be consulted prior to a
decision being taken on whether we disclose the
information to you.  We will tell you if this is
the case.
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you know.  If you require alternative formats,
e.g. language, audio, braille, large print, etc.
then please let us know.
Exemptions The Freedom of Information Act and the
Environmental Information Regulations 2004 define
a number of exemptions, which may prevent release
of the information you have requested.  Before we
provide the information we will consider whether
it is proper to release it.  If any of the
exemption categories do apply then the information
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the case, and you will have a right of appeal.
Fees You may have to pay a fee for this information
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The 20 working day time limit for responding will
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You have the right to If you wish to appeal If you are unhappy with that
appeal against our please set out in decision you have the right
decision. writing your grounds to appeal to:
of appeal and send
  to: Information Commissioner's
Office - Wales,
Freedom of Information Corporate Information
Act 2000 / Governance Unit 2nd Floor,
Environmental Caerphilly county
Information Regulations borough council, Churchill House,
2004 Penallta House,
Tredomen Park, Churchill Way,
Ystrad Mynach,
Hengoed. CF82 7PG Cardiff. CF10 2HH

Appeals will be  
determined by an
appropriate Senior Website: [2]www.ico.org.uk
Officer.
Telephone: 029 2067 8400

Email: [3][email address]

 

 

 

    

 

 

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WWW: FOI, Caerphilly County Borough Council

 

Dear Maggie Thomas

 

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

 

Thank you for your request for information received on the 4^th January
2016. We have considered your request and enclose the following
information:

 

(1) Would you inform me whether the authority has considered it necessary
to seek further evidence that Footpath 147 in the Community of
Mynyddislwyn was included in the Definitive Map and Statement in error.

No.

 

(2) If so, what other evidence has been found to support the authority’s
contention that 147 Mynyddislwyn was included in the Definitive Map and
Statement inerror.

Not applicable.

 

(3) If there has not been a need to investigate further could you please
inform me why after 16 months the files have not been sent to the Welsh
Ministers for determination.

The Freedom of Information Act provides a right of access to recorded
information held by a public authority and does not place a legal
obligation on public authorities to create information in order to respond
to a request.   Caerphilly county borough council holds no recorded
explanation in order to respond to this element of your request. Your
email has been passed to Rights of Way who will respond to you separately
outside of the Freedom of Information Act.  For reference, the contact
address for Rights of Way is [1][email address]

 

We supply this information based on your original request.  If this is not
what you wanted or if you feel we have not fully understood your request
please do not hesitate to contact me to clarify your exact requirements.

 

If you have any queries or concerns or are in any way dissatisfied with
the handling of your request please contact me.

 

Yours sincerely

 

GARETH GRIFFITHS

Corporate Information Governance Assistant

 

 

Freedom of Information Act 2000 / Environmental Information Regulations
2004

 

You have the right to appeal against our decision.
If you wish to appeal please If you are unhappy with that decision you
set out in writing your grounds have the right to appeal to:
of appeal and send to:
 
Corporate Information
Governance Unit Information Commissioner’s Office – Wales
Caerphilly county borough 2nd Floor, Churchill House
council, Churchill Way
Penallta House Cardiff CF10 2HH
Tredomen Park
Hengoed. CF82 7PG  

  Tel: 029 2067 8400
Fax: 029 2067 8399
Appeals will be determined by Email: [2][email address]
an appropriate senior officer.
Website: [3]www.ico.org.uk

 

 

Re-use of information without permission may infringe the Copyright,
Designs and Patents Act 1988. Re-use can include, but is not limited to,
making multiple copies, publishing and issuing copies of the information
to a wider audience. If you would like to re-use copyright material owned
by Caerphilly County Borough Council, please contact us. Authorisation to
re-use copyright material not owned by this Authority should be sought
directly from the copyright owner.

 

    

 

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