Section 19 Flood reports - early drafts
Dear Vale of Glamorgan Council,
This is a request for copies of the draft section 19 Flood Investigations for Dinas Powys and Sully, and the Data Analysis, reports. (the final report for Dinas Powys is dated August 2021 and the final report for Sully is dated July 2021).
In respect of the Investigation reports there are four drafts and for the data analysis there is one draft.
Also please include the comments from Natural Resources Wales and Dŵr Cymru Welsh Water in relation to early drafts.
As this information requested is clearly 'environmental' in nature this request is also made pursuant to the Environmental Information Regulations 2004. You will appreciate that this will cover any recorded information you hold that falls within the definition of ‘environmental information’. It is not limited to official documents or information you create – it can cover, for example, drafts, emails, notes, recordings of telephone conversations and CCTV recordings. if you incur expense in relation to this request please note that i am content to attend a public area (or an area where the public would be permitted on invitation) to work through the material as recommended as an alternative method under the Regs.
i look forward to hearing from you and thank you for your attention to this request.
Yours faithfully,
dennis clarke
Hi Dennis,
In order to process your request please confirm your full name as the request is not deemed valid until you do so.
Thanks
FOI Team
Democratic Services
Vale of Glamorgan Council / Cyngor Bro Morgannwg
tel / ffôn: 01446 700111
mob / sym:
e-mail / e-bost: [email address] or [email address]
Consider the environment. Please don't print this e-mail unless you really need to.
Ystyriwch yr amgylchedd. Peidiwch ag argraffu'r neges hon oni bai fod gwir angen.
Visit our Website at www.valeofglamorgan.gov.uk
Ewch i'n gwefan yn www.bromorgannwg.gov.uk
Dear FOI Unit,
I only ever use first name and surname, both of which were included in the request.
My middle name is Alan but could you let me know why that is needed? nobody has ever asked for that previously. Perhaps others read section 8 of the Act and realised that there is no reference to 'full' in the Act.
Yours sincerely,
dennis clarke
Thanks Dennis, we will log your request and send you confirmation.
FOI Team
Democratic Services
Vale of Glamorgan Council / Cyngor Bro Morgannwg
tel / ffôn: 01446 700111
mob / sym:
e-mail / e-bost: [email address] or [email address]
Consider the environment. Please don't print this e-mail unless you really need to.
Ystyriwch yr amgylchedd. Peidiwch ag argraffu'r neges hon oni bai fod gwir angen.
Visit our Website at www.valeofglamorgan.gov.uk
Ewch i'n gwefan yn www.bromorgannwg.gov.uk
Dear Dennis Clarke
FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST
Thank you for your request for information about: Section 19 Flood reports
- early drafts
Your request was received on 20/11/2021 and is being handled under the
terms of the Freedom of Information Act 2000.
Your query has been given the reference 00203097
In some circumstances a fee may be payable and if that is the case I will
let you know. A fees notice will be issued to you, and you will be
required to pay before I will proceed to deal with your request.
You will receive the information requested within 20 working days unless
the Council does not hold the information or there is a reason for it to
be withheld. I will write to you in any event.
If you have any requirements regarding the format any information should
be supplied in, e.g. the language to be used, audio, large print and so
on, then if you have not already done so please let me know.
If you have any queries or concerns then please do not hesitate to contact
me. Please remember to quote the reference number above in any future
communications.
Further information about your rights is also available from the
Information
Commissioner at:
Information Commissioner's Office - Wales
Second Floor, Churchill House
Churchill Way,
Cardiff
CF10 2HH
029 20678400 / Fax:029 20678399
Yours sincerely
Information Governance Officer
Democratic Services
Vale of Glamorgan Council / Cyngor Bro Morgannwg
tel / ffôn: 01446 700111
mob / sym:
e-mail / e-bost: [email address]
[email address]
Consider the environment. Please don't print this e-mail unless you really
need to.
Ystyriwch yr amgylchedd. Peidiwch ag argraffu'r neges hon oni bai fod gwir
angen.
Visit our Website at [1]www.valeofglamorgan.gov.uk
Ewch i'n gwefan yn [2]www.bromorgannwg.gov.uk
[3]Find us on Facebook / Cewch ddod o hyd i ni ar Facebook
[4]Follow us on Twitter /Dilynwch ni ar Twitter
Correspondence is welcomed in Welsh or English / Croesewir Gohebiaeth yn y
Gymraeg neu yn Saesneg.
References
Visible links
1. http://www.valeofglamorgan.gov.uk/
2. http://www.bromorgannwg.gov.uk/
3. http://en-gb.facebook.com/valeofglamorga...
4. http://twitter.com/vogcouncil
Dear Dennis Clarke
Thank you for your request for information with regards to Section 19 flood reports - early drafts, which we received on the 20th of November 2021.
Your request
This is a request for copies of the draft section 19 Flood Investigations for Dinas Powys and Sully, and the Data Analysis, reports. (the final report for Dinas Powys is dated August 2021 and the final report for Sully is dated July 2021).
In respect of the Investigation reports there are four drafts and for the data analysis there is one draft.
Also please include the comments from Natural Resources Wales and Dŵr Cymru Welsh Water in relation to early drafts.
As this information requested is clearly 'environmental' in nature this request is also made pursuant to the Environmental Information Regulations 2004. You will appreciate that this will cover any recorded information you hold that falls within the definition of ‘environmental information’. It is not limited to official documents or information you create – it can cover, for example, drafts, emails, notes, recordings of telephone conversations and CCTV recordings. if you incur expense in relation to this request please note that i am content to attend a public area (or an area where the public would be permitted on invitation) to work through the material as recommended as an alternative method under the Regs.
Our response
The final version of the publicly available reports is provided on the Vale of Glamorgan Council’s website as below.
https://www.valeofglamorgan.gov.uk/en/li...
With regards to your request to obtain draft copies of the Section 19 flood investigation reports we are not supplying these as we believe these to be exempt under regulation 12(4)(d) of the Environmental Information Regulations 2004. If a request relates to material that is still being completed, unfinished documents including drafts, or incomplete data, we are able to refuse to provide the information under regulation 12(4)(d).
Section 12(4)(d) is a class-based exception which is subject to the public interest test.
Public Interest Test
In favour of disclosure
The public’s interest in transparency and accountability
Making sure there has been good decision making
Against disclosure
Draft copies could provide inaccurate and / or misleading information if within the public domain;
Due to the sensitivities of the impact of flooding within the community and the widespread confusion / perceptions over precise causes of flooding and responsible risk management agency, we consider that these are specific circumstances to refuse the draft documents and if they were released it would likely increase the public confusion and understanding which would be extremely difficult to regain requiring disproportionate effort to correct;
The position to not release the draft documents is further strengthened by the potential inaccuracy of information within draft documents with the data and contents of the drafts requiring substantiating / agreeing by partner organisations to ensure it was fit and proper for public release so as not to confuse of complicate an already difficult and sensitive flooding event;
Given the conflicting views within the community regarding flood defence schemes, it could also distract the public debate away from finding a reasonable and sensible solution to flooding as opposed to argument over initial inaccuracies and possible accusations over initial omissions within a draft technical document.
Taking into account all of the above we consider that the public interest in withholding the information outweighs the public interest in disclosing it.
This letter is therefore a formal refusal notice under Regulation 14 of the Act to provide copies of the draft reports as requested.
Finally, for your information, we would advise that it may be considered more feasible and appropriate to release the draft documents at some future time when the ongoing debates and underrating of the flooding issues are more generally embedded an understood and agreed within the overall community.
If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original letter and should be addressed to: The Monitoring Officer, Civic Offices, Holton Road, Barry, CF63 4RU.
If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision.
The Information Commissioner can be contacted at:
Information Commissioner's Office - Wales
Second Floor, Churchill House
Churchill Way,
Cardiff
CF10 2HH
029 20678400 / Fax:029 20678399
[email address]
Yours sincerely
Information Governance Officer
Democratic Services
Vale of Glamorgan Council / Cyngor Bro Morgannwg
tel / ffôn: 01446 700111
mob / sym:
e-mail / e-bost: [email address] or [email address]
Consider the environment. Please don't print this e-mail unless you really need to.
Ystyriwch yr amgylchedd. Peidiwch ag argraffu'r neges hon oni bai fod gwir angen.
Visit our Website at www.valeofglamorgan.gov.uk
Ewch i'n gwefan yn www.bromorgannwg.gov.uk
Find us on Facebook / Cewch ddod o hyd i ni ar Facebook
Follow us on Twitter / Dilynwch ni ar Twitter
Correspondence is welcomed in Welsh or English / Croesewir Gohebiaeth yn y Gymraeg neu yn Saesneg.
Dear Vale of Glamorgan Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Vale of Glamorgan Council's handling of my FOI request 'Section 19 Flood reports - early drafts'.
thank you for the explanation for refusing to supply the documentation requested.
The advice from the ICO found at https://ico.org.uk/for-organisations/gui.... would support your stance if the final report had not been completed. However, this is a situation where the request was submitted to you after the final report was made available.
After you have considered the ICO advice i am hopeful that the decision can be reversed or else additional reasons given for not following the advice referred to.
I look forward to hearing from you afresh.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...
Yours faithfully,
dennis clarke
Dear Dennis,
Thank you for your email, we will write to you with a further update in due course.
Kind Regards
FOI Team
Legal Services
Vale of Glamorgan Council / Cyngor Bro Morgannwg
tel / ffôn: 01446 700111
mob / sym:
e-mail / e-bost: [email address] or [email address]
Dear Dennis Clarke
Thank you for request for an internal review of the Vale of Glamorgan Council's handling of your FOI request 'Section 19 Flood reports - early drafts'.
Consideration has been given to your request, it's nature and the response provided. It was noted that your original request was made on the 20th of November 2021 and a response was sent on the 17th of December 2021. This was within the 20 working day requirement. It was also noted that you were advised of your right to an internal review and that, should you wish to do this, such a request should be made within 2 months of the response to your FOI request.
Taking account of this and the bank holidays, the request for a review should have been received at the latest by the 24th of February 2022. However it was received on the 27th of March 2022. This is 21 working days after the 24th of February 2022. Given the length of time outside of the time allotted for an internal review request to be received it is considered that your request is declined on the basis of its lateness.
If you are not content with our decision you have the right to contact the Information Commissioner.
The Information Commissioner can be contacted at:
Information Commissioner's Office - Wales
Second Floor, Churchill House
Churchill Way,
Cardiff
CF10 2HH
029 20678400 / Fax:029 20678399
[email address]
Yours sincerely
Information Governance Officer
Legal Services
Vale of Glamorgan Council / Cyngor Bro Morgannwg
tel / ffôn: 01446 700111
mob / sym:
e-mail / e-bost: [email address] or [email address]
Consider the environment. Please don't print this e-mail unless you really need to.
Ystyriwch yr amgylchedd. Peidiwch ag argraffu'r neges hon oni bai fod gwir angen.
Visit our Website at www.valeofglamorgan.gov.uk
Ewch i'n gwefan yn www.bromorgannwg.gov.uk
Find us on Facebook / Cewch ddod o hyd i ni ar Facebook
Follow us on Twitter / Dilynwch ni ar Twitter
Correspondence is welcomed in Welsh or English / Croesewir Gohebiaeth yn y Gymraeg neu yn Saesneg.
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