Request for details of the proposed alterations to the Fiveways junction on the A23

Benjamin Welby made this Freedom of Information request to Transport for London

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Transport for London,

I attended a consultation event at Waddon Leisure Centre on 11/02/2015 about the proposed plans for reconfiguring some of the roads leading to the Fiveways interchange. During the course of the evening it became clear that even at this early stage of development there is significant additional information held by TFL about the detail of these plans that is not currently available for public consumption.

Given the deadline for consultation responses of March 15th 2015 I would appreciate it if you could supply the following information in a timely fashion so that myself, and other local residents, can make a fully informed decision about the options being presented to us.

To do this I require the following information:
1) the detailed background information to the two options included in the 2015 consultation "transforming Fiveways Croydon".

For the avoidance of doubt this detailed background information to include the following:
2) the feasibility study that led to proposals 1 and 2 being presented to the public.
3) detail of the possible approaches being considered within each proposal. I was told there are at least 6 variants on proposal 1, and 2 variants on proposal 2.
4) any information (no matter how preliminary and vague) relating to the impact on the businesses affected by the possible approaches provided in 3 to include:
- Waddon Hotel,
- Capital Car Hire
- National Rail
- Southern Railway
- McDonalds Purley Way
- Pets at Home, Waddon Retail Park
- 99p Stores, Waddon Retail Park
- SG Smith Motors, Purley Way
- The Builder Training Centre, Epsom Road
- QED tutors, Epsom Road
- Approved cars, Stafford Road
5) a topographical representation of both proposals 1 and 2, drawn to scale and overlaid on a map containing residential and commercial properties as well as existing infrastructure. To include for all options being considered within each proposal:
- the junction of Purley Way, Croydon Road and the new bridge (proposal 1 only)
- the intersection of Duppas Hill Road with the new bridge (proposal 1 only)
- the layout of the bridge in relation to Waddon Park Avenue and the expected point at which it will cross the railway line (proposal 1 only)
- the relationship between Duppas Hill Road, the new bridge, Duppas Hill Park and Glen Gardens (proposal 1 only)
- the intersection of the new bridge with Epsom Road and Stafford Road (proposal 1 only)
- the junction of Purley Way and Epsom Road (proposal 1 and 2)
- the junction of Epsom Road and Stafford Road (proposal 2 only)
6) the estimated costs of all options being considered within proposals 1 and 2. I appreciate that you are conducting early consultation but in order to present these options you must have an idea of the funding envelope required for the proposals as currently shared.
7) the estimated timeline of activity involved in all options being considered within proposals 1 and 2 to include the impact on existing railway and transport links as relevant. I appreciate that you are conducting early consultation but in order to present these options you must have an idea of the timings involved for the proposals as currently shared.
8) forecasts of traffic along Croydon Road into Croydon town centre and the rationale behind them and any assumptions being made about them.
9) information (no matter how preliminary and vague) identifying the impact of all options being considered within proposals 1 and 2 on residential property along Croydon Road, Waddon Park Avenue, Epsom Road, Stafford Road and Duppas Hill Road to include:
- noise pollution
- light pollution
- air pollution
- removal of property and purchase of land
10) information (no matter how preliminary and vague) identifying the impact of all options being considered within proposal 2 on Duppas Hill Park
11) information (no matter how preliminary and vague) identifying the impact of all options being considered within proposals 1 and 2 on pedestrians
12) information (no matter how preliminary and vague) identifying the impact of all options being considered within proposals 1 and 2 on cyclists
13) a full calendar of the meetings, to include the job titles of attendees but not their names, between TFL and Croydon Council convened by TFL relating to the 2015 consultation "transforming Fiveways Croydon".
14) a full calendar of the meetings, to include the job titles of attendees but not their names, between TFL and Croydon Council convened by Croydon Council relating to the 2015 consultation "transforming Fiveways Croydon".

Given the timeframes of the consultation (which closes in 21 working days) I would appreciate if you could provide this response promptly. If some parts of this request are easier to answer than others, please provide them first rather than holding up the entire request.

I would prefer to receive your response in electronic format.

If you decide to withhold some of the information requested using exemptions in the FOIA, please inform me which exemptions you have used.

If you need clarification of any of the points in this request, please contact me via email. Under your section 16 duty to provide advice and assistance I would expect you to contact me if you find this request unmanageable in any way.

Yours faithfully,

Mr Welby

FOI, Transport for London

Dear Mr Welby

 

Our Ref:         FOI-1865-1415 / FOI-1866-11415

 

Thank you for your e-mail received on 12 February 2015 asking for
information about the proposed plans for Fiveways Junction, Croydon.

 

Your request will be processed in accordance with the requirements of the
Environmental Information Regulations and TfL’s information access
policy. 

 

A response will be provided to you by 12 March 2015. We publish a
substantial range of information on our website on subjects including
operational performance, contracts, expenditure, journey data, governance
and our financial performance. This includes data which is frequently
asked for in FOI requests or other public queries. Please check
[1]http://www.tfl.gov.uk/corporate/transpar... to see if this helps you.

 

In the meantime, if you would like to discuss this matter further, please
feel free to contact me.

 

Yours sincerely

 

Gemma Jacob

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

[2][TfL request email]

 

 

 

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FOI, Transport for London

2 Attachments

Dear Mr Welby

 

Our Ref:         FOI-1865-1415 / FOI-1866-11415

 

Thank you for your e-mails received on 12 February 2015 asking for
information about the proposed plans for Fiveways Junction, Croydon.

 

Your requests have been considered in accordance with the requirements of
the Environmental Information Regulations and TfL’s information access
policy. I can confirm we hold some of the information you require.

 

However, given the extent of the information you are looking for, we are
refusing your requests under Regulation 12(4)(b) as we believe that they
are ‘manifestly unreasonable’ because providing the information you have
requested would impose unreasonable costs on us and require an
unreasonable diversion of resources. To answer your current requests would
take an excessive amount of staff time and resources.

 

We have established that the potentially relevant information which we
hold covers a significant period of time and comprises of hundreds of
potentially relevant documents, all of which would have to be reviewed,
along with many other documents held in various separate storage systems.
Relevant information is held by numerous people within TfL, and the
original project team has changed considerably so these people would need
to be consulted to establish what information was completed. The documents
are likely to be held in both electronic and paper files, all of which
would have to be manually searched, to some extent at least, to answer
your requests.

 

The use of this exception is subject to a public interest test, which
requires us to consider whether the public interest in applying the
exception outweighs the public interest in disclosure. We recognise that
the release of information would promote accountability and transparency
in public services and also help address your particular concerns about
this issue. However, the time it would take to provide the information you
have requested would divert a disproportionate amount of our resources
from its core functions and on balance we consider that the public
interest currently favours the use of the exception.

 

Please note that some of the information you have requested relates to
unfinished documents and so is likely to be withheld under Regulation
12(4)(d). Further exceptions may also apply to the requested information.

 

In order to help you refine your requests please see the attached table
which lists what information in your current requests is available or may
be subject to further exceptions.

 

We will consider your request again, if you are able to narrow its scope
so that we can more easily locate, retrieve and extract the information
you are seeking. If you have specific questions we will be happy to
consider those. You should identify the information that you want as
clearly and concisely as you can, specifying the types of document that
you are looking for. You might also consider limiting your request to a
particular period of time, geographical area or specific departments of
TfL.

 

Although your request can take the form of a question, rather than a
request for specific documents, TfL does not have to answer your question
if it would require the creation of new information or the provision of a
judgement, explanation, advice or opinion that was not already recorded at
the time of your request.

 

Please see the attached information sheet for details of your right to
appeal.

 

Yours sincerely

 

Gemma Jacob

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

[1][TfL request email]

 

 

 

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Dear FOI,

Thank you for your response.

Under your section 16 duty I had an expectation for you to contact me if you found this request unmanageable in any way. You have done this in such a way that there is no time left for requesting the information before the closure of the consultation period next week.

In my original enquiry I requested: "If some parts of this request are easier to answer than others, please provide them first rather than holding up the entire request."

Throughout your response you make reference to draft documents and cite Regulation 12 (4)(d) seven times as a reason for not sharing that information. What's clear is that a partial amount of the information I requested was available but you have chosen not to share it in its current form.

However, according to the ICO "the information must be
disclosed unless the public interest in maintaining the exception
outweighs the public interest in disclosure." In this case, the public interest in understanding TFL's intentions on the Waddon flyover overwhelmingly outweighs any merit in maintaining the exception.

On the basis that nobody could endorse your claim for protection under Regulation 12(4)(d), and to save needing to appeal to the ICO, please could you provide the following:

1) the business case in its latest draft form. This was referred to in your response and will not involve effort in being created.
2) the draft detail of the possible approaches being considered within each proposal. This was referred to in your response and will not involve effort in being created.
3) the topographical representation of both proposals 1 and 2, drawn to scale and overlaid on a map containing residential and commercial properties as well as existing infrastructure. This was referred to in your response and will not involve effort in being created. It should include for all options being considered within each proposal:
- the junction of Purley Way, Croydon Road and the new bridge (proposal 1 only)
- the intersection of Duppas Hill Road with the new bridge (proposal 1 only)
- the layout of the bridge in relation to Waddon Park Avenue and the expected point at which it will cross the railway line (proposal 1 only)
- the relationship between Duppas Hill Road, the new bridge, Duppas Hill Park and Glen Gardens (proposal 1 only)
- the intersection of the new bridge with Epsom Road and Stafford Road (proposal 1 only)
- the junction of Purley Way and Epsom Road (proposal 1 and 2)
- the junction of Epsom Road and Stafford Road (proposal 2 only)
4) the draft forecasts for traffic along Croydon Road into Croydon town centre and the rationale behind them and any assumptions being made about them. This was referred to in your response and will not involve effort in being created.
5) the draft report on noise pollution referred to in your response. As such this will not involve effort in being created.
6) the draft report on air pollution referred to in your response. As such this will not involve effort in being created.
7) the initial structural feasibility report completed in 2013. This was referred to in your response and will not involve effort in being created.
8) the initial modelling and environmental studies completed in 2014. This was referred to in your response and will not involve effort in being created.

Given that you have used a spurious reason for not providing the information I expect the information you have stated as being available, and which I have now requested specifically above, to be supplied prior to the consultation deadline.

Yours sincerely,

Benjamin Welby

FOI, Transport for London

Dear Mr Welby

 

Our Ref:         FOI-2009-1415

 

Thank you for your e-mail received on 10 March 2015 refining your request
for information about Fiveways Junction, Croydon.

 

Your request will be processed in accordance with the requirements of the
Environmental Information Regulations and TfL’s information access
policy. 

 

A response will be provided to you by 10 April 2015. I appreciate that you
would have liked this information before the end of the consultation
period but as the consultation ends this weekend, this will not be
possible. However, I have spoken with the project team and they have
advised that this is only the initial consultation period and there will
be several more opportunities in the future for people to provide their
input on any proposed plans.

 

We publish a substantial range of information on our website on subjects
including operational performance, contracts, expenditure, journey data,
governance and our financial performance. This includes data which is
frequently asked for in FOI requests or other public queries. Please check
[1]http://www.tfl.gov.uk/corporate/transpar... to see if this helps you.

 

In the meantime, if you would like to discuss this matter further, please
feel free to contact me.

 

Yours sincerely

 

Gemma Jacob

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

[2][TfL request email]

 

 

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FOI, Transport for London

1 Attachment

Dear Mr Welby

 

Our Ref:         FOI-2009-1415

 

Thank you for your e-mail received on 10 March 2015 refining your request
for information about Fiveways Junction, Croydon. Your request is being
considered under the terms of the Environmental Information Regulations
(EIRs).

 

Unfortunately because of its complexity, we will be unable to resolve your
request within the initial statutory 20 working day deadline. This is
because we are still compiling the information for your response.

 

To enable us to fully consider your request, in accordance with the EIRs
we have had to extend the deadline for providing a response to 40 working
days from the date we received your request. The amended date for a final
response is now 11 May 2015. We are working hard to ensure that you
receive a response before this date. 

 

I apologise for the delay and any inconvenience this may cause you. If you
have any queries or would like to discuss your request, please feel free
to contact me.   

 

If you are not satisfied with this response, please read the attached
help-sheet entitled ‘Your Right to Appeal.’

 

Yours sincerely

 

Gemma Jacob

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

[1][TfL request email]

 

 

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Dear FOI,

I am requesting an internal review of this request.

In respect of the original enquiry (first raised 12/02) I do so on the following points:
* Under your section 16 duty TfL should have proactively contacted me had my request been found unmanageable in any way. This was only communicated to me once there was no time left before the end of the consultation, rendering it impossible to make an informed decision before that deadline when you obviously must have reached this conclusion earlier.
* I requested: "If some parts of this request are easier to answer than others, please provide them first rather than holding up the entire request." Throughout the response reference is made to draft documents with Regulation 12 (4)(d) cited seven times as a reason for not sharing it. So some information was available but was withheld and according to the ICO "the information must be
disclosed unless the public interest in maintaining the exception outweighs the public interest in disclosure." The public interest in understanding TFL's intentions on the Waddon flyover overwhelmingly outweighs any merit in maintaining the exception.

I immediately followed that denied request with one specifying the documents TfL had already identified as existing (on 10 March 2015) and this provides further areas that the internal review should consider:
* my second request specified documents that had been collated and identified in the response to my first request. There was therefore no complexity involved in supplying these, yet you decided not to honour the original deadline for this and extended it by a further 20 days. I can see no justification for doing this given the way the initial request was handled.
* the new deadline you gave yourselves has been and gone, given all of the above (and the broader context of the request), this delay looks entirely cynical and designed to stifle conversation about the future of the Fiveways junction and the communities that live around it.
* I still do not have access to the necessary information, three months after making the initial request.

I look forward to your response.

Yours sincerely,

Benjamin Welby

FOI, Transport for London

Dear Mr Welby

 

Request for Internal Review

 

Our ref: IRV-016-1516

 

Thank you for your request for an internal review which was received by
Transport for London (TfL) on 23 May 2015

 

You have stated that you are dissatisfied with the handling of your
request for information under the Freedom of Information Act.

 

The review will be conducted by an internal review panel in accordance
with TfL’s Internal Review Procedure, which is available via the following
URL:

[1]http://www.tfl.gov.uk/cdn/static/cms/doc...

 

Every effort will be made to provide you with a response by 20 July 2015.
However, if the review will not be completed by this date, we will contact
you and notify you of the revised response date as soon as possible.

 

In the meantime, if you would like to discuss this matter further, please
do not hesitate to contact me.

 

Yours sincerely,

 

Emma Flint

Information Access Adviser

Transport for London

[2][TfL request email]

 

 

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References

Visible links
1. http://www.tfl.gov.uk/cdn/static/cms/doc...
2. mailto:[TfL request email]
3. http://www.tfl.gov.uk/corporate/about-tfl/

Dear FOI,

You have missed another deadline for providing this request. This is despite your stating that you would inform me of any delays in this respect.

I look forward to finally obtaining the information which you are continuing to withhold.

Yours sincerely,

Benjamin Welby

FOI, Transport for London

Dear Mr Welby

 

Please accept my sincere apologies for the delay in providing you with a
response to your internal review request.  We are aware that we have
exceeded the deadline date advise in my acknowledgement of 26 May 2015 and
apologise for any inconvenience this has caused.

 

A response is currently being finalised and we endeavour to provide this
by the 31 July 2015.  If we are unable to respond in full by this date we
will contact you with a further update.

 

Yours sincerely

 

Emma Flint

Information Access Adviser

FOI Case Management Team

Transport for London

 

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FOI, Transport for London

Dear Mr Welby,

 

I am sorry to inform you that we are still finalising our response. I
acknowledge that the response is overdue and I apologise for the
inconvenience caused. I anticipate that we will be able to respond in full
on or before Wednesday 12 August 2015. Although we expect to be able to
respond before this date I will contact you again if we are unable to meet
this deadline.

 

Yours Sincerely

 

Simon Guild

Information Access Manager

Information Governance

General Counsel

Transport for London

 

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Dear FOI,

I have given you a further week to meet you latest deadline but you have failed to do so.

I have therefore escalated this request to the ICO. I shall provide you with their reference number when I receive it.

Yours sincerely,

Benjamin Welby

FOI, Transport for London

6 Attachments

E-mail 2.

 

From: FOI
Sent: 03 September 2015 14:44
To: '[FOI #253406 email]'
Subject: EIR Request - Fiveways Junction

 

Dear Mr Welby

 

Our Ref:         FOI-2009-1415

 

Thank you for your email received on 10 March 2015 refining your request
for information about Fiveways Junction, Croydon.

 

Your request has been considered in accordance with the requirements of
the Environmental Information Regulations (EIR) and our information access
policy. I apologise for the delay in replying. I can confirm we hold some
of the information you requested. Due to the size of some of the files I
will send the remaining documents in a separate e-mail.

 

1)    The business case in its latest draft form. This was referred to in
your response and will not involve effort in being created.

 

In accordance with the EIR, we are not obliged to supply this information
as it is subject to a statutory exception to the right of access to
information under Regulation 12(4)(d). In this instance the exception has
been applied as the information you have requested is still in draft.

 

The most recent version of the business case document was produced in
draft in summer 2014 and has never been finalised. Since then, further
work to investigate the proposals has been undertaken. We are currently
rewriting the business case to take this further work into account and the
business case is subject to further significant changes. A detailed public
consultation on the preferred option is planned for 2016.

 

The use of this exception is subject to an assessment of the public
interest in relation to the disclosure of the information concerned. We
recognise both the need for openness and transparency by public
authorities, and the considerable public interest in the proposals.

 

We consider that the release of the draft information would prejudice our
ability to develop, challenge and refine proposals internally before
submitting them to public scrutiny. At this time the business case is
still in development.  Disclosure of the draft document would undermine
our ability to bring the process to its proper conclusion. We recognise
the need for public involvement in our decision-making process and this is
why we invited the public to comment on our proposals at an early stage,
and why we plan to consult again next summer, after the current business
case is finalised and further work has been done to develop the preferred
option.

 

Disclosure of the draft document could also result in putting incomplete,
unaudited, thus misleading, information into the public domain. The
current version of the draft business case has not been, and will not be,
used as a basis for any decision on the scheme by TfL. Release of
incomplete, thus potentially misleading, information will not help to
inform public debate, or assist in understanding the basis for any
decisions. It would not be possible for us to correct any misleading or
inaccurate information based on a superseded, out of date, draft for some
months, and this would compromise our ability to hold an appropriately
informed consultation in summer 2016 as planned.

 

However, we are releasing a significant amount of information in answer to
the other parts of your request and we consider the release of this
information mitigates the impact of withholding some draft information at
this time.

 

2)    The draft detail of the possible approaches being considered within
each proposal. This was referred to in your response and will not involve
effort in being created.

3)    The topographical representation of both proposals 1 and 2, drawn to
scale and overlaid on a map containing residential and commercial
properties as well as existing infrastructure. This was referred to in
your response and will not involve effort in being created. It should
include for all options being considered within each proposal:

a.    the junction of Purley Way, Croydon Road and the new bridge
(proposal 1 only)

b.    the intersection of Duppas Hill Road with the new bridge (proposal 1
only)

c.    the layout of the bridge in relation to Waddon Park Avenue and the
expected point at which it will cross the railway line (proposal 1 only)

d.    the relationship between Duppas Hill Road, the new bridge, Duppas
Hill Park and Glen Gardens (proposal 1 only)

e.    the intersection of the new bridge with Epsom Road and Stafford Road
(proposal 1 only)

f.     the junction of Purley Way and Epsom Road (proposal 1 and 2)

g.    the junction of Epsom Road and Stafford Road (proposal 2 only)

 

We do not hold this information. My original response advised that these
documents were in draft format and had not been finalised, however, this
was incorrect. These documents were not actually held at the time of your
request but were in the initial stages of being created. I apologise for
any confusion.

 

4)    The draft forecasts for traffic along Croydon Road into Croydon town
centre and the rationale behind them and any assumptions being made about
them. This was referred to in your response and will not involve effort in
being created.

 

As stated in my original response, the forecasts for traffic have not been
completed.

 

5)    The draft report on noise pollution referred to in your response. As
such this will not involve effort in being created.

6)    The draft report on air pollution referred to in your response. As
such this will not involve effort in being created.

7)    The initial structural feasibility report completed in 2013. This
was referred to in your response and will not involve effort in being
created.

8)    The initial modelling and environmental studies completed in 2014.
This was referred to in your response and will not involve effort in being
created.

 

With regards to questions 5 and 6, which refer to draft reports on noise
and air pollution, these reports were finalised at the time of your
request and therefore are not draft. However, the figures and data within
these reports are subject to change once the designs have been updated.

 

Please find the following documents attached along with an explanation of
any redactions that have been made. Please note that these documents were
based on the initial designs of the proposals and have been superseded by
current ongoing design development and traffic modelling work.

 

·         Fiveways Feasibility Study Noise Assessment 131014

 

Detailed drawings showing properties and possible land requirements, along
with references to specific properties that could be affected, have been
withheld. Potentially affected residential and business properties have
been engaged with already and will be notified again in the future once a
decision on which option will proceed has been made. At that time, any
relevant information will be released.

 

Please note that an updated Noise Assessment will be undertaken once the
design work has been completed and traffic flow data updated, this may
significantly change the results.

 

Please note that in accordance with TfL’s obligations under the Data
Protection Act 1998 (DPA) some personal data has been removed, as required
by Regulation 13 of the EIR. This is because disclosure of this personal
data would be a breach of the DPA, specifically the first principle of the
DPA which requires all processing of personal data to be fair and lawful.
It would not be fair to disclose this personal information when the
individuals have no expectation it would be disclosed and TfL has not
satisfied one of the conditions of Schedule 2 of the Data Protection Act
which would make the processing ‘fair’.

 

·         Fiveways Feasibility Air Quality Assessment_2014_10_10

 

Please note that an updated Air Quality Assessment will be undertaken once
the design work has been completed and traffic flow data updated, this may
significantly change the results.

 

As above,  in accordance with TfL’s obligations under the Data Protection
Act 1998 (DPA) some personal data has been removed, as required by
Regulation 13 of the EIR. Detailed drawings showing properties and
possible land requirements, along with references to specific properties
that could be affected have also been withheld.

 

·         Fiveways Feasibility Study Report Rev A Final

o   Appendix A - Waddon Existing Drgs

o   Appendix B - Existing Stats Combined

o   Appendix C - Combined Scheme Drawings

o   Appendix D - Combined Structures Design Programmes

o   Appendix E - Combined Structures Construction Sequences

o   Appendix F - Project Risk Register

o   Appendix G - Combined DRAs

o   Appendix H - EMP Combined and Eco Calendar

o   Appendix I - Combined Topo Survey Requirements

 

The Feasibility Study was carried out to see whether the design proposals
were technically possible. As stated above, detailed drawings showing
properties and possible land requirements, along with references to
specific properties that could be affected, or inferences that would
enable a person to identify those properties, have been withheld.

 

In accordance with the EIR, we are also not obliged to supply some
information as it is subject to a statutory exception to the right of
access to information under Regulation 12(5)(e). In this instance the
exception has been applied as disclosure of the information you have
requested would be likely to prejudice our commercial interests, as well
as those of potential bidders for the works. If these figures were known
to potential bidders then any tenders would likely be based on these
figures and thus affect our ability to obtain the best possible deal.

 

The use of this exemption is subject to an assessment of the public
interest in relation to the disclosure of the information concerned. TfL
recognises the need for openness and transparency by public authorities,
particularly where the expenditure of public money is concerned. In this
instance, the release of the requested information could have a
detrimental effect on our ability to attract competitive tender bids,
therefore, adversely affecting TfL’s ability to secure value for public
money. This detriment outweighs the general public interest in disclosure
of the requested information.

 

Additionally, some information is withheld under Regulation 12(4)(d)
because it is material which is still in the course of completion, in so
far as it relates to elements of the proposed scheme that have not yet
been finalised. The reasons for the application of Regulation 12(4)(d) are
explained in our answer to part 1 of your request.

 

As stated above, in accordance with TfL’s obligations under the Data
Protection Act 1998 (DPA) some personal data has been removed, as required
by Regulation 13 of the EIR.

 

·         Fiveways Feasibility Modelling - Final Report_ISSUED 07082014

 

As stated above, detailed drawings showing properties and possible land
requirements, along with references to specific properties that could be
affected have been withheld.

 

·         287370A-PTL_PEA_Fiveways_ISSUE_31072014 (Primary Ecological
Appraisal)

 

As stated above, detailed drawings showing properties and possible land
requirements, along with references to specific properties that could be
affected have been withheld.

 

·         Fiveways Croydon 287370A Report _20140827 (Archaeological
Assessment)

 

As stated above, references to specific properties that could be affected
have been withheld.

 

If this is not the information you are looking for, or if you are unable
to access it for some reason, please feel free to contact me.

 

Please see the attached information sheet for details of your right to
appeal.

 

Yours sincerely

 

Gemma Jacob

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

[1][TfL request email]

 

 

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FOI, Transport for London

1 Attachment

E-mail 3 (final e-mail).

 

 

 

From: FOI
Sent: 03 September 2015 14:44
To: '[FOI #253406 email]'
Subject: EIR Request - Fiveways Junction

 

Dear Mr Welby

 

Our Ref:         FOI-2009-1415

 

Thank you for your email received on 10 March 2015 refining your request
for information about Fiveways Junction, Croydon.

 

Your request has been considered in accordance with the requirements of
the Environmental Information Regulations (EIR) and our information access
policy. I apologise for the delay in replying. I can confirm we hold some
of the information you requested. Due to the size of some of the files I
will send the remaining documents in a separate e-mail.

 

1)    The business case in its latest draft form. This was referred to in
your response and will not involve effort in being created.

 

In accordance with the EIR, we are not obliged to supply this information
as it is subject to a statutory exception to the right of access to
information under Regulation 12(4)(d). In this instance the exception has
been applied as the information you have requested is still in draft.

 

The most recent version of the business case document was produced in
draft in summer 2014 and has never been finalised. Since then, further
work to investigate the proposals has been undertaken. We are currently
rewriting the business case to take this further work into account and the
business case is subject to further significant changes. A detailed public
consultation on the preferred option is planned for 2016.

 

The use of this exception is subject to an assessment of the public
interest in relation to the disclosure of the information concerned. We
recognise both the need for openness and transparency by public
authorities, and the considerable public interest in the proposals.

 

We consider that the release of the draft information would prejudice our
ability to develop, challenge and refine proposals internally before
submitting them to public scrutiny. At this time the business case is
still in development.  Disclosure of the draft document would undermine
our ability to bring the process to its proper conclusion. We recognise
the need for public involvement in our decision-making process and this is
why we invited the public to comment on our proposals at an early stage,
and why we plan to consult again next summer, after the current business
case is finalised and further work has been done to develop the preferred
option.

 

Disclosure of the draft document could also result in putting incomplete,
unaudited, thus misleading, information into the public domain. The
current version of the draft business case has not been, and will not be,
used as a basis for any decision on the scheme by TfL. Release of
incomplete, thus potentially misleading, information will not help to
inform public debate, or assist in understanding the basis for any
decisions. It would not be possible for us to correct any misleading or
inaccurate information based on a superseded, out of date, draft for some
months, and this would compromise our ability to hold an appropriately
informed consultation in summer 2016 as planned.

 

However, we are releasing a significant amount of information in answer to
the other parts of your request and we consider the release of this
information mitigates the impact of withholding some draft information at
this time.

 

2)    The draft detail of the possible approaches being considered within
each proposal. This was referred to in your response and will not involve
effort in being created.

3)    The topographical representation of both proposals 1 and 2, drawn to
scale and overlaid on a map containing residential and commercial
properties as well as existing infrastructure. This was referred to in
your response and will not involve effort in being created. It should
include for all options being considered within each proposal:

a.    the junction of Purley Way, Croydon Road and the new bridge
(proposal 1 only)

b.    the intersection of Duppas Hill Road with the new bridge (proposal 1
only)

c.    the layout of the bridge in relation to Waddon Park Avenue and the
expected point at which it will cross the railway line (proposal 1 only)

d.    the relationship between Duppas Hill Road, the new bridge, Duppas
Hill Park and Glen Gardens (proposal 1 only)

e.    the intersection of the new bridge with Epsom Road and Stafford Road
(proposal 1 only)

f.     the junction of Purley Way and Epsom Road (proposal 1 and 2)

g.    the junction of Epsom Road and Stafford Road (proposal 2 only)

 

We do not hold this information. My original response advised that these
documents were in draft format and had not been finalised, however, this
was incorrect. These documents were not actually held at the time of your
request but were in the initial stages of being created. I apologise for
any confusion.

 

4)    The draft forecasts for traffic along Croydon Road into Croydon town
centre and the rationale behind them and any assumptions being made about
them. This was referred to in your response and will not involve effort in
being created.

 

As stated in my original response, the forecasts for traffic have not been
completed.

 

5)    The draft report on noise pollution referred to in your response. As
such this will not involve effort in being created.

6)    The draft report on air pollution referred to in your response. As
such this will not involve effort in being created.

7)    The initial structural feasibility report completed in 2013. This
was referred to in your response and will not involve effort in being
created.

8)    The initial modelling and environmental studies completed in 2014.
This was referred to in your response and will not involve effort in being
created.

 

With regards to questions 5 and 6, which refer to draft reports on noise
and air pollution, these reports were finalised at the time of your
request and therefore are not draft. However, the figures and data within
these reports are subject to change once the designs have been updated.

 

Please find the following documents attached along with an explanation of
any redactions that have been made. Please note that these documents were
based on the initial designs of the proposals and have been superseded by
current ongoing design development and traffic modelling work.

 

·         Fiveways Feasibility Study Noise Assessment 131014

 

Detailed drawings showing properties and possible land requirements, along
with references to specific properties that could be affected, have been
withheld. Potentially affected residential and business properties have
been engaged with already and will be notified again in the future once a
decision on which option will proceed has been made. At that time, any
relevant information will be released.

 

Please note that an updated Noise Assessment will be undertaken once the
design work has been completed and traffic flow data updated, this may
significantly change the results.

 

Please note that in accordance with TfL’s obligations under the Data
Protection Act 1998 (DPA) some personal data has been removed, as required
by Regulation 13 of the EIR. This is because disclosure of this personal
data would be a breach of the DPA, specifically the first principle of the
DPA which requires all processing of personal data to be fair and lawful.
It would not be fair to disclose this personal information when the
individuals have no expectation it would be disclosed and TfL has not
satisfied one of the conditions of Schedule 2 of the Data Protection Act
which would make the processing ‘fair’.

 

·         Fiveways Feasibility Air Quality Assessment_2014_10_10

 

Please note that an updated Air Quality Assessment will be undertaken once
the design work has been completed and traffic flow data updated, this may
significantly change the results.

 

As above,  in accordance with TfL’s obligations under the Data Protection
Act 1998 (DPA) some personal data has been removed, as required by
Regulation 13 of the EIR. Detailed drawings showing properties and
possible land requirements, along with references to specific properties
that could be affected have also been withheld.

 

·         Fiveways Feasibility Study Report Rev A Final

o   Appendix A - Waddon Existing Drgs

o   Appendix B - Existing Stats Combined

o   Appendix C - Combined Scheme Drawings

o   Appendix D - Combined Structures Design Programmes

o   Appendix E - Combined Structures Construction Sequences

o   Appendix F - Project Risk Register

o   Appendix G - Combined DRAs

o   Appendix H - EMP Combined and Eco Calendar

o   Appendix I - Combined Topo Survey Requirements

 

The Feasibility Study was carried out to see whether the design proposals
were technically possible. As stated above, detailed drawings showing
properties and possible land requirements, along with references to
specific properties that could be affected, or inferences that would
enable a person to identify those properties, have been withheld.

 

In accordance with the EIR, we are also not obliged to supply some
information as it is subject to a statutory exception to the right of
access to information under Regulation 12(5)(e). In this instance the
exception has been applied as disclosure of the information you have
requested would be likely to prejudice our commercial interests, as well
as those of potential bidders for the works. If these figures were known
to potential bidders then any tenders would likely be based on these
figures and thus affect our ability to obtain the best possible deal.

 

The use of this exemption is subject to an assessment of the public
interest in relation to the disclosure of the information concerned. TfL
recognises the need for openness and transparency by public authorities,
particularly where the expenditure of public money is concerned. In this
instance, the release of the requested information could have a
detrimental effect on our ability to attract competitive tender bids,
therefore, adversely affecting TfL’s ability to secure value for public
money. This detriment outweighs the general public interest in disclosure
of the requested information.

 

Additionally, some information is withheld under Regulation 12(4)(d)
because it is material which is still in the course of completion, in so
far as it relates to elements of the proposed scheme that have not yet
been finalised. The reasons for the application of Regulation 12(4)(d) are
explained in our answer to part 1 of your request.

 

As stated above, in accordance with TfL’s obligations under the Data
Protection Act 1998 (DPA) some personal data has been removed, as required
by Regulation 13 of the EIR.

 

·         Fiveways Feasibility Modelling - Final Report_ISSUED 07082014

 

As stated above, detailed drawings showing properties and possible land
requirements, along with references to specific properties that could be
affected have been withheld.

 

·         287370A-PTL_PEA_Fiveways_ISSUE_31072014 (Primary Ecological
Appraisal)

 

As stated above, detailed drawings showing properties and possible land
requirements, along with references to specific properties that could be
affected have been withheld.

 

·         Fiveways Croydon 287370A Report _20140827 (Archaeological
Assessment)

 

As stated above, references to specific properties that could be affected
have been withheld.

 

If this is not the information you are looking for, or if you are unable
to access it for some reason, please feel free to contact me.

 

Please see the attached information sheet for details of your right to
appeal.

 

Yours sincerely

 

Gemma Jacob

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

[1][TfL request email]

 

 

show quoted sections

FOI, Transport for London

6 Attachments

Dear Mr Welby

 

Our Ref:         FOI-2009-1415

 

Thank you for your email received on 10 March 2015 refining your request
for information about Fiveways Junction, Croydon.

 

Your request has been considered in accordance with the requirements of
the Environmental Information Regulations (EIR) and our information access
policy. I apologise for the delay in replying. I can confirm we hold some
of the information you requested. Due to the size of some of the files I
will send the remaining documents in a separate e-mail.

 

1)    The business case in its latest draft form. This was referred to in
your response and will not involve effort in being created.

 

In accordance with the EIR, we are not obliged to supply this information
as it is subject to a statutory exception to the right of access to
information under Regulation 12(4)(d). In this instance the exception has
been applied as the information you have requested is still in draft.

 

The most recent version of the business case document was produced in
draft in summer 2014 and has never been finalised. Since then, further
work to investigate the proposals has been undertaken. We are currently
rewriting the business case to take this further work into account and the
business case is subject to further significant changes. A detailed public
consultation on the preferred option is planned for 2016.

 

The use of this exception is subject to an assessment of the public
interest in relation to the disclosure of the information concerned. We
recognise both the need for openness and transparency by public
authorities, and the considerable public interest in the proposals.

 

We consider that the release of the draft information would prejudice our
ability to develop, challenge and refine proposals internally before
submitting them to public scrutiny. At this time the business case is
still in development.  Disclosure of the draft document would undermine
our ability to bring the process to its proper conclusion. We recognise
the need for public involvement in our decision-making process and this is
why we invited the public to comment on our proposals at an early stage,
and why we plan to consult again next summer, after the current business
case is finalised and further work has been done to develop the preferred
option.

 

Disclosure of the draft document could also result in putting incomplete,
unaudited, thus misleading, information into the public domain. The
current version of the draft business case has not been, and will not be,
used as a basis for any decision on the scheme by TfL. Release of
incomplete, thus potentially misleading, information will not help to
inform public debate, or assist in understanding the basis for any
decisions. It would not be possible for us to correct any misleading or
inaccurate information based on a superseded, out of date, draft for some
months, and this would compromise our ability to hold an appropriately
informed consultation in summer 2016 as planned.

 

However, we are releasing a significant amount of information in answer to
the other parts of your request and we consider the release of this
information mitigates the impact of withholding some draft information at
this time.

 

2)    The draft detail of the possible approaches being considered within
each proposal. This was referred to in your response and will not involve
effort in being created.

3)    The topographical representation of both proposals 1 and 2, drawn to
scale and overlaid on a map containing residential and commercial
properties as well as existing infrastructure. This was referred to in
your response and will not involve effort in being created. It should
include for all options being considered within each proposal:

a.    the junction of Purley Way, Croydon Road and the new bridge
(proposal 1 only)

b.    the intersection of Duppas Hill Road with the new bridge (proposal 1
only)

c.    the layout of the bridge in relation to Waddon Park Avenue and the
expected point at which it will cross the railway line (proposal 1 only)

d.    the relationship between Duppas Hill Road, the new bridge, Duppas
Hill Park and Glen Gardens (proposal 1 only)

e.    the intersection of the new bridge with Epsom Road and Stafford Road
(proposal 1 only)

f.     the junction of Purley Way and Epsom Road (proposal 1 and 2)

g.    the junction of Epsom Road and Stafford Road (proposal 2 only)

 

We do not hold this information. My original response advised that these
documents were in draft format and had not been finalised, however, this
was incorrect. These documents were not actually held at the time of your
request but were in the initial stages of being created. I apologise for
any confusion.

 

4)    The draft forecasts for traffic along Croydon Road into Croydon town
centre and the rationale behind them and any assumptions being made about
them. This was referred to in your response and will not involve effort in
being created.

 

As stated in my original response, the forecasts for traffic have not been
completed.

 

5)    The draft report on noise pollution referred to in your response. As
such this will not involve effort in being created.

6)    The draft report on air pollution referred to in your response. As
such this will not involve effort in being created.

7)    The initial structural feasibility report completed in 2013. This
was referred to in your response and will not involve effort in being
created.

8)    The initial modelling and environmental studies completed in 2014.
This was referred to in your response and will not involve effort in being
created.

 

With regards to questions 5 and 6, which refer to draft reports on noise
and air pollution, these reports were finalised at the time of your
request and therefore are not draft. However, the figures and data within
these reports are subject to change once the designs have been updated.

 

Please find the following documents attached along with an explanation of
any redactions that have been made. Please note that these documents were
based on the initial designs of the proposals and have been superseded by
current ongoing design development and traffic modelling work.

 

·         Fiveways Feasibility Study Noise Assessment 131014

 

Detailed drawings showing properties and possible land requirements, along
with references to specific properties that could be affected, have been
withheld. Potentially affected residential and business properties have
been engaged with already and will be notified again in the future once a
decision on which option will proceed has been made. At that time, any
relevant information will be released.

 

Please note that an updated Noise Assessment will be undertaken once the
design work has been completed and traffic flow data updated, this may
significantly change the results.

 

Please note that in accordance with TfL’s obligations under the Data
Protection Act 1998 (DPA) some personal data has been removed, as required
by Regulation 13 of the EIR. This is because disclosure of this personal
data would be a breach of the DPA, specifically the first principle of the
DPA which requires all processing of personal data to be fair and lawful.
It would not be fair to disclose this personal information when the
individuals have no expectation it would be disclosed and TfL has not
satisfied one of the conditions of Schedule 2 of the Data Protection Act
which would make the processing ‘fair’.

 

·         Fiveways Feasibility Air Quality Assessment_2014_10_10

 

Please note that an updated Air Quality Assessment will be undertaken once
the design work has been completed and traffic flow data updated, this may
significantly change the results.

 

As above,  in accordance with TfL’s obligations under the Data Protection
Act 1998 (DPA) some personal data has been removed, as required by
Regulation 13 of the EIR. Detailed drawings showing properties and
possible land requirements, along with references to specific properties
that could be affected have also been withheld.

 

·         Fiveways Feasibility Study Report Rev A Final

o   Appendix A - Waddon Existing Drgs

o   Appendix B - Existing Stats Combined

o   Appendix C - Combined Scheme Drawings

o   Appendix D - Combined Structures Design Programmes

o   Appendix E - Combined Structures Construction Sequences

o   Appendix F - Project Risk Register

o   Appendix G - Combined DRAs

o   Appendix H - EMP Combined and Eco Calendar

o   Appendix I - Combined Topo Survey Requirements

 

The Feasibility Study was carried out to see whether the design proposals
were technically possible. As stated above, detailed drawings showing
properties and possible land requirements, along with references to
specific properties that could be affected, or inferences that would
enable a person to identify those properties, have been withheld.

 

In accordance with the EIR, we are also not obliged to supply some
information as it is subject to a statutory exception to the right of
access to information under Regulation 12(5)(e). In this instance the
exception has been applied as disclosure of the information you have
requested would be likely to prejudice our commercial interests, as well
as those of potential bidders for the works. If these figures were known
to potential bidders then any tenders would likely be based on these
figures and thus affect our ability to obtain the best possible deal.

 

The use of this exemption is subject to an assessment of the public
interest in relation to the disclosure of the information concerned. TfL
recognises the need for openness and transparency by public authorities,
particularly where the expenditure of public money is concerned. In this
instance, the release of the requested information could have a
detrimental effect on our ability to attract competitive tender bids,
therefore, adversely affecting TfL’s ability to secure value for public
money. This detriment outweighs the general public interest in disclosure
of the requested information.

 

Additionally, some information is withheld under Regulation 12(4)(d)
because it is material which is still in the course of completion, in so
far as it relates to elements of the proposed scheme that have not yet
been finalised. The reasons for the application of Regulation 12(4)(d) are
explained in our answer to part 1 of your request.

 

As stated above, in accordance with TfL’s obligations under the Data
Protection Act 1998 (DPA) some personal data has been removed, as required
by Regulation 13 of the EIR.

 

·         Fiveways Feasibility Modelling - Final Report_ISSUED 07082014

 

As stated above, detailed drawings showing properties and possible land
requirements, along with references to specific properties that could be
affected have been withheld.

 

·         287370A-PTL_PEA_Fiveways_ISSUE_31072014 (Primary Ecological
Appraisal)

 

As stated above, detailed drawings showing properties and possible land
requirements, along with references to specific properties that could be
affected have been withheld.

 

·         Fiveways Croydon 287370A Report _20140827 (Archaeological
Assessment)

 

As stated above, references to specific properties that could be affected
have been withheld.

 

If this is not the information you are looking for, or if you are unable
to access it for some reason, please feel free to contact me.

 

Please see the attached information sheet for details of your right to
appeal.

 

Yours sincerely

 

Gemma Jacob

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

 

[1][TfL request email]

 

 

show quoted sections