Nigel Wetters Gourlay

Dear Derbyshire County Council,

Under the Reservoirs Act 1975 (as amended by the Water Act 2003), Derbyshire County Council has a duty to coordinate off-site reservoir emergency planning within the county, and maintain an off-site reservoir inundation plan for Category A reservoirs.

Please provide minutes of meetings over the last four years where such emergency planning was conducted, and the off-site inundation plans for Toddbrook, Fernilee, Errwood and Combs reservoirs.

Yours faithfully,

Nigel Wetters Gourlay
Chapel-en-le-Frith West Ward Parish Councillor

Access 2 Info (Commissioning Communities and Policy), Derbyshire County Council

Dear Mr Wetters,

I refer to your request for Information received on 5 August 2019.

We will be dealing with your request under the Freedom of Information Act 2000. In accordance with the legislation, the deadline for responding is 20 working days from the receipt of the request, this being the 4 September 2019. However, we shall endeavour to deal with your request promptly, and if possible before this date.

Yours Sincerely

Business Services Assistant
Access to Information Team
Derbyshire County Council
County Hall
Matlock
DE4 3AG

Telephone: 01629 539336

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ETE FOI_EIR (Economy Transport and Environment), Derbyshire County Council

CONTROLLED

ES 8451 856 19 Reservoir Emergency Plans

Dear Mr Wetters Gourlay,

Unfortunately, I am writing to advise you that there will be a short delay
in responding to your request for information, for which Derbyshire County
Council apologise.

Please be assured that we will endeavour to get this information to you as
soon as we can, which is likely to be in the next few days.

Yours sincerely

 

Access to Information

Economy, Transport and Environment

Derbyshire County Council

 

This email or email thread section has been classified CONTROLLED - This
email requires controlled access by Council personnel and / or intended
recipient(s) only. This email may contain business or personal
information. Any personal information you have given us will be processed
in accordance with our privacy notices, available at
[1]www.derbyshire.gov.uk/privacynotices.

Action Grants – apply now for cash for community activities. Find out more
on our [2]website.

Think before you print! Save energy and paper. Do you really need to print
this email?

Derbyshire County Council works to improve the lives of local people by
delivering high quality services. You can find out more about us by
visiting [3]www.derbyshire.gov.uk.
If you want to work for us go to our job pages on
[4]www.derbyshire.gov.uk/jobs. You can register for e-mail alerts,
download job packs and apply on-line.

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ETE FOI_EIR (Economy Transport and Environment), Derbyshire County Council

Controlled

 

Email: [1][email address]

Ask for: Business Services Officer, Access to Information

Our ref: ES 8451 856 19

 

 

Dear Mr Wetters Gourlay

 

Thank you for your enquiry, which we received on the 05/08/2019.

 

Your request was as follows:

 

Under the Reservoirs Act 1975 (as amended by the Water Act 2003),
Derbyshire County Council has a duty to coordinate off-site reservoir
emergency planning within the county, and maintain an off-site reservoir
inundation plan for Category A reservoirs.

 

Please provide minutes of meetings over the last four years where such
emergency planning was conducted, and the off-site inundation plans for
Toddbrook, Fernilee, Errwood and Combs reservoirs.

 

Your request has been considered in accordance with the Freedom of
Information Act 2000 and the Environmental Information Regulations 2004
and the Council’s response to the question raised is set out below:

 

Further to our email on 04/09/2019, we apologise for the short delay in
our response. The documentation requested is now available, however,the
total size of these documents is over 22Mb and exceeds the size limits
placed on our email system. I have therefore contacted our central ICT
team, with a view to using the Council’s Cryptshare secure transfer
system. I will contact you again when I have confirmation that the link to
the secure transfer has been sent to you.

 

NB: Some of the information has been redacted. It is the reasonable
opinion of the Council’s qualified person, Janie Berry (the Monitoring
Officer), that the redacted information is exempt from disclosure under s.
36(2)(c) of the Freedom of Information Act as disclosure would prejudice
the effective conduct of public affairs. This is because disclosure of the
requested information may hinder implementation of the plans, which would
adversely affect the Council’s ability to provide an efficient and
effective emergency planning function and safeguard the people of
Derbyshire.

 

Section 36(2)(c) is a qualified exemption and is subject to the public
interest test. The purpose of the test is to decide whether the public
interest in maintaining the exemption outweighs the public interest in
disclosure. If it does not the information must be released. It is
considered that the public interest in maintaining the exemption does
outweigh the public interest in disclosure. This is because disclosure of
the information would be likely to prejudice the conduct of public affairs
by adversely affecting the Council’s ability to offer an effective public
service or meet its wider objectives, and would have a disruptive effect
on the work that the Council is doing.

 

I trust this now satisfies your request.

 

However should you require a review of the response you have received to
your FOI/EIR request, please follow the procedure as set out below:-

 

Stage 1:

 

If you wish to challenge the response, please send your comments to, and
wherever possible, a copy of your request and the covering letter
enclosing the information or refusing your request to:

 

Access to Information Solicitor

Legal Services

Derbyshire County Council

County Hall

Matlock

DE4 3AG

 

Email: [2][Derbyshire County Council request email]

 

Stage 2:

 

After completing the above procedure, if you wish to challenge the
decision further, then you have a right to contact the Information
Commissioner’s Office as follows:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

Telephone: Tel: 0303 123 1113/Fax: 01625 524510

ICO Weblink: [3]https://ico.org.uk/make-a-complaint/

 

Should you have further questions or queries, please do not hesitate to
get in contact.

 

Yours sincerely

 

Business Services Officer

Access to Information

Economy, Transport and Environment

This email has been sent securely using transport layer security (TLS)
from Derbyshire County Council.

Action Grants – apply now for cash for community activities. Find out more
on our [4]website.

Think before you print! Save energy and paper. Do you really need to print
this email?

Derbyshire County Council works to improve the lives of local people by
delivering high quality services. You can find out more about us by
visiting [5]www.derbyshire.gov.uk.
If you want to work for us go to our job pages on
[6]www.derbyshire.gov.uk/jobs. You can register for e-mail alerts,
download job packs and apply on-line.

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References

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2. mailto:[Derbyshire County Council request email]
3. https://ico.org.uk/make-a-complaint/
4. http://www.derbyshire.gov.uk/action
5. http://www.derbyshire.gov.uk/
6. http://www.derbyshire.gov.uk/jobs
7. http://www.derbyshire.gov.uk/privacynoti...

Nigel Wetters Gourlay

Dear ETE FOI_EIR (Economy Transport and Environment),

Your IT solution seems to be taking a long time. Could you put the documents on a USB thumb drive and post it to me?

Yours sincerely,

Councillor Nigel Wetters Gourlay
Ashworth House, Long Lane
Chapel-en-le-Frith
SK23 0TF

Derbyshire County Council - Cryptshare, Derbyshire County Council

[1]CRYPTSHARE LOGO  
Tracking ID: 20190924-135558-nZRPMYV9
Sender Name Service Desk [4]Download Files [5]Reply
Phone [2]37777 Available until 27, Sep 2019 with Cryptshare
Email [3][email address] Password: Please contact the sender.
Dear Sir or Madam,

Confidential data has been sent to you by Service Desk. You can download the data until 27, Sep 2019. After the expiration date has
exceeded the data will be deleted automatically from the server.

The transfer is secured by encryption.
Transfer Details Files in this Transfer
8 ES 8451 Redacted Documents.zip
- 8 ES 8451 Redacted
Documents/Combs_Reservoir_Plan_2018_01_Annex_1_Redacted_20.09.19.pdf
- 8 ES 8451 Redacted
Documents/Combs_Reservoir_Site_Specific_Plan__Redacted_20.09.19.pdf
To: [6][FOI #594922 email] - 8 ES 8451 Redacted
  Documents/Fernilee_Reservoir_Site_Specific_Plan__Redacted_20.09.19pdf.pdf
Download Link: - 8 ES 8451 Redacted
[7]https://cshare.derbyshire.gov.uk/downloa... Documents/Fernilee_Reservoir_Site_Specific_Plan_Annex_1_Redacted_20.09.19.pdf
- 8 ES 8451 Redacted
Documents/Generic_Reservoir_Plan_2018_01_Redacted_20.09.19.pdf
- 8 ES 8451 Redacted
Documents/Toddbrook_Reservoir_Annex_1__Redacted_20.09.19.pdf
- 8 ES 8451 Redacted
Documents/Toddbrook_reservoir_site_specific_plan_Redacted_20.09.19.pdf
For further information please follow this link: [8]Cryptshare Documentation
This message has been generated automatically.

This email or email thread section has been classified CONTROLLED - This
email requires controlled access by Council personnel and / or intended
recipient(s) only. This email may contain business or personal
information. Any personal information you have given us will be processed
in accordance with our privacy notices, available at
[9]www.derbyshire.gov.uk/privacynotices.

Action Grants – apply now for cash for community activities. Find out more
on our [10]website.

Think before you print! Save energy and paper. Do you really need to print
this email?

Derbyshire County Council works to improve the lives of local people by
delivering high quality services. You can find out more about us by
visiting [11]www.derbyshire.gov.uk.
If you want to work for us go to our job pages on
[12]www.derbyshire.gov.uk/jobs. You can register for e-mail alerts,
download job packs and apply on-line.

show quoted sections

References

Visible links
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3. mailto:[email address]
4. https://cshare.derbyshire.gov.uk/downloa...
5. https://cshare.derbyshire.gov.uk/
6. mailto:[FOI #594922 email]
7. https://cshare.derbyshire.gov.uk/downloa...
8. https://wiki.cryptshare.com/
9. http://www.derbyshire.gov.uk/privacynoti...
10. http://www.derbyshire.gov.uk/action
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12. http://www.derbyshire.gov.uk/jobs
13. http://www.derbyshire.gov.uk/privacynoti...

Nigel Wetters Gourlay

Dear Derbyshire County Council - Cryptshare,

You have not provided the password to open this link.

Yours sincerely,

Nigel Wetters Gourlay

Mail Delivery System,

2 Attachments

This message was created automatically by mail delivery software.

A message that you sent could not be delivered to one or more of its
recipients. This is a permanent error. The following address(es) failed:

[email address]
host derbyshire-gov-uk.mail.protection.outlook.com [104.47.20.36]
SMTP error from remote mail server after RCPT TO:<[email address]>:
550 5.4.1 [[email address]]:
Recipient address rejected: Access denied [CWLGBR01FT011.eop-gbr01.prod.protection.outlook.com]

ETE FOI_EIR (Economy Transport and Environment), Derbyshire County Council

Controlled

 

Email: [1][email address]

Ask for: Business Services Officer, Access to Information

Our ref: ES 8451 856 19

 

 

Dear Mr Wetters Gourlay

 

Further to your enquiry about reservoir emergency plans, I have now had
confirmation that the Cryptshare link containing the information you
requested has been sent to you.

 

The email has been sent from [2][email address] and the
password you need to open the documentation via the link is: kab(ZxyS

 

NB The link to the data will only be valid for 4 days until Friday 27^th
September 2019.

 

Please note that further to our response dated 11/09/2019, we have
reviewed the documentation requested and now consider that there are other
exemptions which are more appropriate in respect to some of the
information that is being withheld, as follows:

 

·         Technical environmental information relating to the possible
effects of a dam collapse such as maps showing hazard information, flood
depth, dam construction, etc has been redacted under 12(5)(a) EIR,
information that if disclosed could have an adverse effect on national
security. 

 

Section 12(5)(a) EIR is a qualified exemption and is subject to the public
interest test. Consideration has been given as to whether it would be in
the interest of the general public for this information to be released and
the decision has been taken that it would not so as to ensure national
security and public safety and it is therefore withheld for the reason
stated.

 

·         Some of the personal third party data contained within the
information has been redacted under FOIA Section 40(2) Personal
Information: because this is the personal data of named individuals or
could lead to the personal data of named individuals which if disclosed
would contravene the data protection principles.

 

·         As stated in our initial response, information that if disclosed
could hamper the rescue operations has been withheld as it is the
reasonable opinion of the Council’s qualified person, Janie Berry (the
Monitoring Officer), that the redacted information is exempt from
disclosure under s. 36(2)(c) of the Freedom of Information Act as
disclosure would prejudice the effective conduct of public affairs. This
is because disclosure of the requested information may hinder
implementation of the plans, which would adversely affect the Council’s
ability to provide an efficient and effective emergency planning function
and safeguard the people of Derbyshire.

 

Section 36(2)(c) is a qualified exemption and is subject to the public
interest test. The purpose of the test is to decide whether the public
interest in maintaining the exemption outweighs the public interest in
disclosure. If it does not the information must be released. It is
considered that the public interest in maintaining the exemption does
outweigh the public interest in disclosure. This is because disclosure of
the information would be likely to prejudice the conduct of public affairs
by adversely affecting the Council’s ability to offer an effective public
service or meet its wider objectives, and would have a disruptive effect
on the work that the Council is doing.

 

I trust this now satisfies your request.

 

However should you require a review of the response you have received to
your FOI/EIR request, please follow the procedure as set out below:-

 

Stage 1:

 

If you wish to challenge the response, please send your comments to, and
wherever possible, a copy of your request and the covering letter
enclosing the information or refusing your request to:

 

Access to Information Solicitor

Legal Services

Derbyshire County Council

County Hall

Matlock

DE4 3AG

 

Email: [3][Derbyshire County Council request email]

 

Stage 2:

 

After completing the above procedure, if you wish to challenge the
decision further, then you have a right to contact the Information
Commissioner’s Office as follows:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

         

Telephone: Tel: 0303 123 1113/Fax: 01625 524510

ICO Weblink: [4]https://ico.org.uk/make-a-complaint/

 

Should you have further questions or queries, please do not hesitate to
get in contact.

 

Yours sincerely

 

Access to Information

Economy, Transport and Environment

 

This email has been sent securely using transport layer security (TLS)
from Derbyshire County Council.

Action Grants – apply now for cash for community activities. Find out more
on our [5]website.

Think before you print! Save energy and paper. Do you really need to print
this email?

Derbyshire County Council works to improve the lives of local people by
delivering high quality services. You can find out more about us by
visiting [6]www.derbyshire.gov.uk.
If you want to work for us go to our job pages on
[7]www.derbyshire.gov.uk/jobs. You can register for e-mail alerts,
download job packs and apply on-line.

show quoted sections

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. mailto:[Derbyshire County Council request email]
4. https://ico.org.uk/make-a-complaint/
5. http://www.derbyshire.gov.uk/action
6. http://www.derbyshire.gov.uk/
7. http://www.derbyshire.gov.uk/jobs
8. http://www.derbyshire.gov.uk/privacynoti...

Nigel Wetters Gourlay

Dear ETE FOI_EIR (Economy Transport and Environment),

No. It does not satisfy my query.

The Cryptshare link that was sent requires a password. That password has not been sent.

Your IT team needs to be told that the person to whom they're sending the link doesn't have a DCC login. I do not have access to Cryptshare.

They will then either send me a password, or agree with me that you need to put the files on a usb key, and post them to me.

Yours sincerely,

Nigel Wetters Gourlay

ETE FOI_EIR (Economy Transport and Environment), Derbyshire County Council

Controlled

Email: [email address]
Ask for: Business Services Officer, Access to Information
Our ref: ES 8451 856 19

Dear Mr Wetters Gourlay

The password was provided at the beginning of our response as follows -

The email has been sent from [email address] and the password you need to open the documentation via the link is: kab(ZxyS

Should you have further questions or queries, please do not hesitate to get in contact.

Kind Regards

Business Services Officer
Access to Information
Economy, Transport and Environment
Derbyshire County Council

This email has been sent securely using transport layer security (TLS) from Derbyshire County Council.

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