Thank you for your recent FOI / EIR request.  Please find attached an
acknowledgement for this request.

══════════════════════════════════════════════════════════════════════════

Mae'r e-bost hwn ac unrhyw ffeiliau sy'n atodol yn gyfrinachol a dim ond
ar gyfer defnydd yr unigolyn neu'r sefydliad y cyfeiriwyd atynt. Os ydych
wedi derbyn yr e-bost hwn ar gam rhowch wybod i reolwr eich system. Nodwch
fod unrhyw sylwadau neu farn o fewn testun yr e-bost yw sylwadau a barn yr
awdur yn unig ac nid yn angenrheidiol yn cynrychioli barn Cyngor
Bwrdeistref Sirol Caerffili. I orffen, dylai'r person sy'n derbyn yr
e-bost sicrhau nad oes firws ynghlwm nac mewn unrhyw ddogfen atodol i'r
e-bost. Nid yw'r Cyngor yn derbyn unrhyw gyfrifoldeb am unrhyw ddifrod
achoswyd gan unrhyw firws sy'n cael ei drosglwyddo gan yr e-bost hwn.
 
Rydym yn croesawu gohebiaeth yn Gymraeg, Saesneg neu'n ddwyieithog (yn
unol â'ch dewis), ac mewn ieithoedd a fformatau eraill. Cewch ymateb yn
unol â'ch dewis iaith os nodwch hynny i ni, ac ni fydd cyfathrebu â ni yn
Gymraeg yn arwain at oedi.
 
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the system manager.
Please note that any views or opinions presented in this email are solely
those of the author and do not necessarily represent those of Caerphilly
County Borough Council. Finally, the recipient should check this email and
any attachments for the presence of viruses. The Council accepts no
liability for any damage caused by any virus transmitted by this email.
 
We welcome correspondence in English, Welsh or bilingually (according to
your choice) or in other languages and formats. We will respond in your
declared chosen language, and corresponding with us in Welsh will not lead
to any delay.

══════════════════════════════════════════════════════════════════════════

Dear Peter Jones

ENVIRONMENTAL INFORMATION REGULATIONS 2004 - INFORMATION REQUEST

Thank you for your request for information received on 13 April 2021. We
have considered your request and enclose the following information
regarding Castle Farm Highway.

With regard to the highway listed on the National Street Gazetteer with
the USRN of 47501026 and description “Castle Farm to Dolomite, Ochrwyth”.
And with regard to the large boulders blocking the highway at approximate
location ST 2342 8943 Please provide the following information:

Please note the attached in relation to the information held within our
National Street Gazetteer.  In addition:

1: Is the highway maintainable at public expense?

Yes

2: Do your records show any limitation of the highway?

Yes

3: Do your records show a public right of use by mechanically propelled
vehicles (MPVs)?

Yes, it is an adopted Highway.

4: Are there any recorded restrictions on the class of vehicles permitted
to use the highway?

As attached.

5: Is there any order, or prohibition, or regulation in force on this
highway?

Not currently.

6: Does the Council know of any lawful reasons why MPVs may be prevented
from using the full length of the highway? Please provide a summary of the
reasons if they exist.

There is currently a restriction in place due to the Environmental hazards
associated with illicit tipping.

7: Does the Council know of any plans to restrict use of the highway?
Please provide a summary of the plans if they exist.

There is an ongoing consultation regarding the implementation of a Public
Space Protection Order, to mitigate against this action of tipping.

8: Is the Council aware of the boulders? If it is, how did the Council
become aware?

Yes, via Environmental Health Colleagues and their ongoing dialogue with
Hansons.

9: Did the Council authorise, or permit, or instruct the placing of the
boulders? Please provide a summary of the authorisation, permit, or
instruction, if they exist.

Yes, Highways did agree to the placement.  However they are in the wrong
location.

10: Does the Council hold any document that indicates, or suggests the
boulders are, or may be a lawful restriction of the highway? If yes,
please provide a summary of the information you hold

There are no legal orders in Place, but the department are aware of the
boulders that are currently in-situ.

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.

Please note that we have dealt with your enquiry under the Environmental
Information Regulations 2004. Environmental information is exempt from
disclosure under the Freedom of Information Act 2000 by a Section 39
exemption. This exemption exists due to provision for access to this type
of information already being provided for by the Environmental Information
Regulations 2004. Therefore in accordance with Section 17 of the Freedom
of Information Act 2000 this letter acts as a Refusal Notice to supply
this information under the Freedom of Information Act.

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

Yours sincerely

CORPORATE INFORMATION GOVERNANCE UNIT

Freedom of Information Act 2000 / Environmental Information Regulations
2004

You have the right to appeal against our decision.
If you wish to appeal please set out If you are unhappy with that decision
in writing your grounds of appeal you have the right to appeal to:
and send to:
Information Commissioner’s Office –
Information Unit Wales
Caerphilly county borough council, 2nd Floor, Churchill House
Penallta House Churchill Way
Tredomen Park Cardiff CF10 2HH
Hengoed. CF82 7PG
Telephone: 0330 414 6421 
Appeals will be determined by an
appropriate senior officer. Website: [1]www.ico.org.uk

Email: [2][email address]

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.

How we will use your information

Caerphilly County Borough Council will process your request, the
information relevant to your request, your identity and contact details
for the purposes of providing you with a response.  A copy of your request
and your response will be kept for 3 years.  Some requests and responses
may be kept longer but this will be in an anonymised form.  

Your request including your identity and contact details will be
distributed to relevant service areas and elected members who may either
hold the information you have requested or are involved in the processing
of requests.  Other organisations and individuals who may be affected by
the disclosure of the information you have requested may be consulted
prior to a decision being made on the disclosure.

If you have made a complaint to the Information Commissioners Office (ICO)
or others in relation to the processing of your request, copies of your
request, response and any additional correspondence between you and
Caerphilly County Borough Council in relevant to your request may be
shared with them.

You have a number of rights in relation to your information including the
right of access to information we hold about you and the right of
complaint if you are unhappy with the way that we have handled your
request or your information.

For further information on how we process your information and your rights
please click the following link:

[3]https://www.caerphilly.gov.uk/Caerphilly...

show quoted sections