Street Lighting Audit for Barrow in Furness
Dear Cumbria County Council,
please can you supply me with a copy of the survey/audit of street lighting assets in Barrow in Furness that was carried out in 2013.
Yours faithfully,
Cllr Brendan Sweeney
Dear Mr Sweeney
ENVIRONMENTAL INFORMATION REGULATIONS 2004
REFERENCE: EIR 2014-0049
Please find attached an acknowledgement in relation to your request for
information.
Yours sincerely,
Corporate Complaints and Information Compliance
Chief Executive’s Office
Cumbria County Council
The Lonsdale Building · The Courts · Carlisle · Cumbria · CA3 8NA
E-mail: [1][email address]
Fax: 01228 226706
Telephone: (01228) 221234
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______________________________________________________________________
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Dear Cumbria County Council,
ENVIRONMENTAL INFORMATION REGULATIONS 2004
REFERENCE: EIR 2014-0049
You acknowledged this request on the 13th February and in spite of a telephone reminder from me, you have failed to either provide the information or make any claim to exemption. You should by law have replied by now. Unless I hear from you within five working days I propose to report your failure to comply with the legislation to the Information Commissioner
Yours faithfully,
Brendan Sweeney
[email address]
Brendan Sweeney left an annotation ()
I have reported the failure to provide the information to the Information Commissioner
Dear Mr Sweeney
ENVIRONMENTAL INFORMATION REGULATIONS 2004
REFERENCE: EIR 2014-0049
Please find attached a response to your request for information.
Yours sincerely,
Corporate Complaints and Information Compliance
Chief Executive’s Office
Cumbria County Council
The Lonsdale Building · The Courts · Carlisle · Cumbria · CA3 8NA
E-mail: [1][email address]
Fax: 01228 226706
Telephone: (01228) 221234
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
______________________________________________________________________
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Brendan Sweeney left an annotation ()
I have asked for more information to justify their refusal. I do not believe that their claims under Reg 12 (5)(b) and (d) are valid
Dear Mr Sweeney
Following our telephone conversation yesterday, I can confirm that the
Council is not claiming Legal Professional Privilege. The council
considers that EIR 12(5)(b) is engaged as the requested information is
currently held for the purpose of litigation which is in process.
Disclosure at this time would adversely affect the council’s ability to
conduct investigations pursuant to that ongoing litigation.
Kind regards
Bridget Sanderson
Corporate Complaints and Information Compliance Advisor
Corporate Complaints and Information Compliance
Chief Executive’s Office
Cumbria County Council
The Lonsdale Building · The Courts · Carlisle · Cumbria · CA3 8NA
E-mail: [1][email address]
Fax: 01228 226706
Telephone: (01228) 221234
From: FreedomofInformation, CCC
Sent: 13 May 2014 12:47
To: '[FOI #197111 email]'
Subject: EIR 2014-0049 Disclosure
Importance: High
Dear Mr Sweeney
ENVIRONMENTAL INFORMATION REGULATIONS 2004
REFERENCE: EIR 2014-0049
Please find attached a response to your request for information.
Yours sincerely,
Corporate Complaints and Information Compliance
Chief Executive’s Office
Cumbria County Council
The Lonsdale Building · The Courts · Carlisle · Cumbria · CA3 8NA
E-mail: [2][email address]
Fax: 01228 226706
Telephone: (01228) 221234
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
______________________________________________________________________
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2. mailto:[email address]
Dear Cumbria County Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Cumbria County Council's handling of my FOI request 'Street Lighting Audit for Barrow in Furness'.
My original request was acknowledged on the 13th February, reference EIR 2014-0049. You refused it under EIR12(5)(b), stating- "The council considers that EIR 12(5)(b) is engaged as the requested information is currently held for the purpose of litigation which is in process. Disclosure at this time would adversely affect the council’s ability to conduct investigations pursuant to that ongoing litigation. "
As seven months have now gone by the investigations should now be complete and I wish to pursue the information.
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,
Brendan Sweeney
Dear FreedomofInformation, CCC,
this request for an Internal Review has not been responded to within the time limit. Unless I get a reply within seven days I will send a complaint to the ICO
Yours sincerely,
Brendan Sweeney
Young, Susan E would like to recall the message, "EIR Internal Review Ref:
EIR 2014-0049".
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Dear Mr Sweeney
ENVIRONMENTAL INFORMATION REGULATIONS 2004
REFERENCE: EIR 2014-0049
Please find attached response to your internal review.
Yours sincerely,
Corporate Complaints and Information Compliance
Resources
Cumbria County Council
The Lonsdale Building · The Courts · Carlisle · Cumbria · CA3 8NA
E-mail: [1][email address]
Fax: 01228 226706
Telephone: (01228) 221234
S. E. Young
Corporate Complaints and Information Compliance Officer
Performance and Intelligence
Resources Directorate
Cumbria County Council
The Lonsdale Building
The Courts
Carlisle
CA3 8NA
Tel: 01228 221016
This e-mail contains confidential information (which may also be legally
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copies of the message received in error should be destroyed. Any views or
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Dear Mr Sweeney
ENVIRONMENTAL INFORMATION REGULATIONS 2004
REFERENCE: EIR 2014-0049
Please find attached response to your internal review.
Yours sincerely,
Corporate Complaints and Information Compliance
Resources
Cumbria County Council
The Lonsdale Building · The Courts · Carlisle · Cumbria · CA3 8NA
E-mail: [1][email address]
Fax: 01228 226706
Telephone: (01228) 221234
This e-mail contains confidential information (which may also be legally
privileged) and is intended solely for the use of the intended named
recipient. If you are not the intended recipient you may not disclose,
copy, distribute or retain any part of this message or its attachments. If
you have received this message in error please notify the originator
immediately by using the reply facility in your e-mail software. Incoming
and outgoing emails may be monitored in line with current legislation. All
copies of the message received in error should be destroyed. Any views or
opinions expressed are solely those of the original author. This email
message has been scanned for viruses, and declared to be virus free at the
point of exit from Cumbria County Council's network.
http://www.cumbria.gov.uk/
This email has been scanned by the Symantec Email Security.cloud service.
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Brendan Sweeney left an annotation ()
I telephoned following the refusal on the review and received the followin reply
Dear Mr Sweeney,
Further to our telephone conversation earlier this week regarding the above, I have discussed your request further with our local highways manager and with our legal team.
A survey/audit was initiated in 2013, however this has yet to be finalised.
It is anticipated that an inventory of assets and necessary quality checks will be completed by the end of December 2014, however the Council’s position in regard to disclosure of information will remain unchanged so long as there are ongoing legal proceedings at that time.
Yours Sincerely,
Duncan McQueen
Senior Manager Performance and Risk| Performance and Risk Unit
Resources Directorate| Cumbria County Council
The Courts| Carlisle| CA3 8NA
I responded as follows-
Dear Mr McQueen,
thank you for your prompt response.
My request is for the original report from the firm who did the survey, so the current work on the survey, which you say will be completed by the end of December. is not relevant.
I do not believe that EIR 12(5)(b) applies in the current circumstances of this case, if indeed it ever applied. I am therefore going to submit a complaint to the ICO.
Yours sincerely
Brendan Sweeney
Please accept my apologies for the lengthy delay in providing you with a response to your complaints to the Information Commissioner. The council received notification of your initial complaint on 12 May 2014, with a follow up on 28 November 2014.
Request
Please can you supply me with a copy of the survey/audit of street lighting assets in Barrow in Furness that was carried out in 2013?
Response
The council responded to your request on 13 May 2014 and indicated that the data you had requested was exempt from disclosure under the Environmental Information Regulations. At the time of your initial and subsequent requests the council considered the data to be exempt from disclosure under Regulations 12(5)(b) and 12(5)(d).
This position was reiterated to you in the council’s response to your Internal Review on 7 November 2014.
The council has considered your request carefully and is now in a position to release the data relating to your request. However, I would like to draw your attention to the following conditions when using the data:
• due to document size (9597 pages) it has been emailed to you in .zip format. This has been done to reduce costs for both you the applicant and the council. To send the file in an alternative format i.e. paper, would be costly and time consuming. The council estimates that this exercise would cost approximately £959.70 + standard postage.
• the data provided, includes all illuminated units (columns, signs, feeder pillars etc) found by the contractors and does not infer ownership or responsibility is accepted by the council;
• the data has not been fully audited so duplicates and other errors may exist;
• there are urgent structural and electrical defects included within the data, which may or may not have been corrected since the audit;
Most of the information that we provide in response to requests submitted under the Freedom of Information Act 2000 and Environmental Information Regulations 2004 will be subject to copyright protection. In most cases the copyright will be owned by Cumbria County Council. However the copyright in other information may be owned by another person or organisation, as indicated on the information itself.
You are free to use any information supplied in this response for your own non-commercial research or private study purposes. The information may also be used for any other purpose allowed by a limitation or exception in copyright law, such as news reporting. However, any other type of re-use, for example by publishing the information in analogue or digital form, including on the internet, will require the permission of the copyright owner. Where the copyright owner is the council you will need to make an application under the Re-use of Public Sector Information Regulations 2005.
For information where the copyright is owned by another person or organisation you must apply to the owner to obtain their permission.
Yours sincerely,
Claire Park
Team Leader - Corporate Complaints and Information Compliance
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Brendan Sweeney left an annotation ()
Telephoned Cumbria CC they are awaiting response from the directorate. They have reminded them and will chase again