Dear Mr Simpson

Please accept my apologies for not dealing with this request sooner which
was an oversight on my part.  I can see that this response was due on 6^th
July and this response is, therefore 1 day late (working day). 

I can inform you that no meeting took place between Dwr Cymru’s legal team
and the directors.  We do not, therefore, hold any information in relation
to this part of your request.

With regard to the decision not to prosecute the developer, there is no
formal decision log.  Dwr Cymru’s lawyer determined that no action was to
be taken in relation to an unauthorised connection because it had been
disconnected.

Dwr Cymru confirms that it will not adopt the sewer without the developer
following due process or bringing the works up to an adoptable standard.

I hope that this response is clear. Should you have any questions, please
do not hesitate to get in touch.  You can contact me directly on 01443
452383 or via email.

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 40 working days of the date of receipt of this response
and should be addressed to General Counsel and Company Secretary, Heol
Pentwyn, Nelson, Treharris, Mid Glamorgan, CF46 6LY.

If you are dissatisfied with the outcome of any internal review, you can
apply to the Information Commissioner, who will consider whether Dwr Cymru
Welsh Water has complied with its obligations under the Regulations and
can require Dwr Cymru Welsh Water to remedy any problems. You can find out
more about how to do this, and about the Regulations in general, on the
Information Commissioner’s website at: [1]www.ico.org.uk . Complaints to
the Information Commissioner can be made via the “report a concern”
section of the Information Commissioner’s website.

Yours sincerely

Rachel Humphreys

Chartered Legal Executive

Tel: 01443 452383

_______________________________________________________ Dwr Cymru Welsh
Water is firmly committed to water conservation and promoting water
efficiency. Please log on to our website www.dwrcymru.com/waterefficiency
to find out how you can become water wise. Mae Dwr Cymru Welsh Water wedi
ymrwymo i warchod adnoddau dwr a hyrwyddo defnydd dwr effeithiol. Mae
cyngor i' ch helpu i ddefnyddio dwr yn ddoeth yn
www.dwrcymru.com/waterefficiency

show quoted sections

Dear Mr Simpson

Thank you for your further request, I will now liaise with developer services and respond in accordance with the Environmental Information Regulations 2004.

If you have any further questions in the meantime, please let me know.

Yours sincerely

Rachel Humphreys
Chartered Legal Executive

Tel: 01443 452383

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Dear Mr Simpson

Thank you for your further request for information.  I set out our
response below:

A number of meetings have taken place to discuss the issue at the
Brambles; these were internal meetings that have  not been  documented and
we do not hold any minutes.  We have also had a meeting with Shropshire
Council where Dwr Cymru was able to set out the background to the matter
and update Shropshire Council on Dwr Cymru’s position. 

The unauthorised sewerage connection was in place for a short period. 
Whilst a connection was made to the public sewer, no flows actually
communicated with the public sewer.  The Developer was asked to disconnect
the unauthorised connection and disconnection took place within a short
time frame.  Had the connection not been disconnected and had flows
actually communicated with the public sewer, Dwr Cymru would have
 considered prosecuting, which we would be within our right to do so under
Section 109 of the Water Industry Act 1991.    You are correct, a
connection to the public sewer without consent is a criminal offence;
however, the decision not to prosecute was a decision made by Dwr Cymru’s
legal department and a decision made based on the above facts. 

The developer was working towards upgrading the private drains i.e. to
comply with Welsh Ministers Standards.  However, dialogue with the
Developer came to a halt and the developer did not progress matters.  This
is the failing of the Developer and not Dwr Cymru. 

The developer re-connected to the public sewer in May 2018, on a temporary
basis, with Dwr Cymru’s authority.  Flows are now communicating with the
public sewer but this was authorised by Dwr Cymru in an effort to assist
the residents.  This is only a temporary connection and cannot remain
indefinitely.  Dwr Cymru has informed Shropshire Council of the same.

Our records clearly show that no Section 104 Agreement is in place.  Each
water search also states that ‘Welsh Government Legislation effective from
1 October 2012 required that any news sewers and lateral drains serving a
property must be subject to a Section 104 Adoption Agreement’.  Therefore,
each purchaser and their respective legal representative would have been
put on notice of the legal requirements for new developments.

I understand that reference has been made to Dwr Cymru’s Directors in
previous discussions you have had.  I can confirm that Dwr Cymru’s
Director of Developer Services is aware of the matter and has held
discussions with colleagues within the business.  There are no records of
these discussions held by Dwr Cymru.

Should you have any further questions, please let me know.  You can
contact me directly on 01443 452383 or via email.

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 40 working days of the date of receipt of this response 
and should be addressed to General Counsel and Company Secretary, Heol 
Pentwyn, Nelson, Treharris, Mid Glamorgan, CF46 6LY.

If you are dissatisfied with the outcome of any internal review, you can 
apply to the Information Commissioner, who will consider whether Dwr
Cymru  Welsh Water has complied with its obligations under the Regulations
and  can require Dwr Cymru Welsh Water to remedy any problems. You can
find out  more about how to do this, and about the Regulations in general,
on the  Information Commissioner’s website at: [1][1]www.ico.org.uk .
Complaints to  the Information Commissioner can be made via the “report a
concern”

section of the Information Commissioner’s website.

Yours sincerely

Rachel Humphreys

Chartered Legal Executive

_______________________________________________________ Dwr Cymru Welsh
Water is firmly committed to water conservation and promoting water
efficiency. Please log on to our website www.dwrcymru.com/waterefficiency
to find out how you can become water wise. Mae Dwr Cymru Welsh Water wedi
ymrwymo i warchod adnoddau dwr a hyrwyddo defnydd dwr effeithiol. Mae
cyngor i' ch helpu i ddefnyddio dwr yn ddoeth yn
www.dwrcymru.com/waterefficiency

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Dear Mr Simpson

Your request for an internal review has been passed to our General Counsel
and Company Secretary and our Head of Business Assurance.  One of them
will review your request and respond by 12^th September, in accordance
with the Environmental Information Regulations 2004.

If you have any questions in the meantime, please do not hesitate to get
in touch.

Yours sincerely

Rachel Humphreys

Chartered Legal Executive

Tel: 01443 452383

_______________________________________________________ Dwr Cymru Welsh
Water is firmly committed to water conservation and promoting water
efficiency. Please log on to our website www.dwrcymru.com/waterefficiency
to find out how you can become water wise. Mae Dwr Cymru Welsh Water wedi
ymrwymo i warchod adnoddau dwr a hyrwyddo defnydd dwr effeithiol. Mae
cyngor i' ch helpu i ddefnyddio dwr yn ddoeth yn
www.dwrcymru.com/waterefficiency

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Dear Mr Simpson

I write in response to your email earlier today.  Please note that Dwr
Cymru is not subject to the Freedom of Information Act.  We are, however,
subject to the Environmental Information Regulations 2004.

You submitted a request for an internal review on 18^th July 2018 and we
have 40 working days to respond; I attach guidance from the Information
Commissioner relating to internal reviews, which may answer any questions
you may have in this respect:
[1]https://ico.org.uk/media/for-organisatio...

As stated in my earlier email, I calculate the response to be due on or
before 12^th September 2018.

Yours sincerely

Rachel Humphreys

Chartered Legal Executive

Tel: 01443 452383

_______________________________________________________ Dwr Cymru Welsh
Water is firmly committed to water conservation and promoting water
efficiency. Please log on to our website www.dwrcymru.com/waterefficiency
to find out how you can become water wise. Mae Dwr Cymru Welsh Water wedi
ymrwymo i warchod adnoddau dwr a hyrwyddo defnydd dwr effeithiol. Mae
cyngor i' ch helpu i ddefnyddio dwr yn ddoeth yn
www.dwrcymru.com/waterefficiency

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Dear Mr Simpson

As you know, Dwr Cymru is carrying out an internal review in this matter,
as per your request.

I have been notified that, as part of the review, a  number of new
requests have been made by you, namely:

1.      Communications with developer back pre 2012

2.      Acknowledgement DCC was fully aware of the development

3.      Communications regarding the pump station which DCC have been
having for years

4.      Confirmation from David Owen that we will be adopting the site

5.      Communications between DCC and developer that demonstrates DCC is
fully aware of the purchasing of the equipment to put in a pump station.

6.      Written brief that your solicitor has been given as she seems out
of touch

7.      Reasons why we were informed we were connected to the public sewer
(I am assuming that you mean ‘weren’t’)

I am in the process of identifying whether we hold this information and
will respond within the next 7 days.

If you have any queries in the meantime, please do not hesitate to get in
touch.

Yours sincerely

Rachel Humphreys

Chartered Legal Executive

Tel: 01443 452383

From: Humphreys Rachel
Sent: 26 July 2018 17:13
To: [FOI #490030 email]
Subject: Request for internal review

Dear Mr Simpson

I write in response to your email earlier today.  Please note that Dwr
Cymru is not subject to the Freedom of Information Act.  We are, however,
subject to the Environmental Information Regulations 2004.

You submitted a request for an internal review on 18^th July 2018 and we
have 40 working days to respond; I attach guidance from the Information
Commissioner relating to internal reviews, which may answer any questions
you may have in this respect:
[1]https://ico.org.uk/media/for-organisatio...

As stated in my earlier email, I calculate the response to be due on or
before 12^th September 2018.

Yours sincerely

Rachel Humphreys

Chartered Legal Executive

Tel: 01443 452383

_______________________________________________________ Dwr Cymru Welsh
Water is firmly committed to water conservation and promoting water
efficiency. Please log on to our website www.dwrcymru.com/waterefficiency
to find out how you can become water wise. Mae Dwr Cymru Welsh Water wedi
ymrwymo i warchod adnoddau dwr a hyrwyddo defnydd dwr effeithiol. Mae
cyngor i' ch helpu i ddefnyddio dwr yn ddoeth yn
www.dwrcymru.com/waterefficiency

show quoted sections

Dear Mr Simpson,

Re: Request for internal review of your request under the Environmental
Information Regulations 2004

Thank you for your email of 18th July 2018 requesting an internal review
of our response to your request for information under the Environmental
Information Regulations 2004 (‘the Regulations’) related to your request:

-          ‘The outcome of the meeting and the minutes held in relation to
the Brambles’

In accordance with this, this review has covered the following information
requests you made:

-          Email 8^th June, entitled: ‘Environmental Information
Regulations request – The outcome of the meeting and the minutes of the
meeting held in relation to the brambles’

-          Email 9^th July, entitled: ‘Internal review of Environmental
Information Regulations request – The outcome of the meeting and the
minutes of the meeting held in relation to the Brambles.’

I have reviewed Dwr Cymru Welsh Water (‘DCWW’) files in respect of these
requests and the way that it was dealt with by DCWW staff. I have noted
that DCWW have sought to fulfil information requests where information
existed, provided context to information supplied and offered within their
correspondence to further advise you on your information requests.
However, I judge that DCWW have not fully complied with the Regulations,
in respect of the following:

 1. DCWW failed to respond to the information request on 8^th June within
20 working days, as required. The response was issued 1 day late, and
DCWW acknowledged this and apologised within their response on 9^th
July 2018. I reiterate this apology on behalf of DCWW.

 2. DCWW were inaccurate and consequently incomplete in their response to
your EIR request on 9^th July for ‘minutes from the minutes you/WW
have had in relation to the Brambles.’ Whilst, DCWW responded on 18^th
July that there, ‘were internal meetings that have not been documented
and we do not hold any minutes’, this internal review has uncovered
the minutes of three meetings. My review indicates the failure to
identify and provide these was due to human error, and I would like to
apologise on behalf of DCWW. In relation to the three sets of minutes,
one has been provided to you previously as part of another EIR
information request, one was provided by yourself to DCWW, leaving one
that may be new information to yourself. For completeness, I have
attached all three minutes, to fulfil this information request. 
Please note that I have removed personal data from the minutes in
order to avoid any breach of data protection legislation.

As part of my assessment above, I sought to confirm whether DCWW
appropriately addressed your specific request for information (i.e.
minutes, decision log, case presented) from a meeting on 5/6^th June
between DCWW legal team and Directors exists. I confirm, as noted in
previous correspondence from DCWW, that I believe this request was
addressed appropriately, as I have not found any information that confirms
this meeting took place.

I would like to thank you for the additional information that you supplied
within your email request for an internal review, (i.e. paragraph
beginning, ‘I have requested…’). I have interpreted this as a list of
information requests and noted it appears to include previous EIR
information requests made by yourself and some information requests that
appear to be new. I would be very happy to discuss this list with yourself
and confirm any requirements you have. In the meantime, Rachel Humphreys
has reviewed this list and is treating the following as new EIR
information requests and will correspond with you accordingly:  

a.       Communications with developer back pre 2012

b.      Acknowledgement DCC was fully aware of the development

c.       Communications regarding the pump station which DCC have been
having for years

d.      Confirmation from David Owen that we will be adopting the site

e.       Communications between DCC and developer that demonstrates DCC is
fully aware of the purchasing of the equipment to put in a pump station.

f.       Written brief that your solicitor has been given as she seems out
of touch

g.      Reasons why we were informed we were connected to the public sewer

We may hold other information that would be of use to you and if you would
like to meet with us, or discuss this matter over the telephone, please do
not hesitate to let me know.

In summary, I confirm that I have found that the handling and responses to
your requests were compliant with the Regulations, with the noted two
exceptions of a one day delay in one response, and the failure to fulfil
one information request (three meeting minutes), which are attached to
this correspondence. I have also attached a copy of this email, in letter
form, should you require it.

If you are dissatisfied with the outcome of this internal review, you can
apply to the Information Commissioner, who will consider whether Dwr Cymru
has complied with its obligations under the Regulations and can require
Dwr Cymru to remedy any problems. You can find out more about how to do
this, and about the Regulations in general, on the Information
Commissioner’s website at: [1]www.ico.org.uk. Complaints to the
Information Commissioner can be made via the “report a concern” section of
the Information Commissioner’s website.

Clive Hardy

Head of Business Assurance

Dwr Cymru Welsh Water

[mobile number]

Email: [2][email address]

[3]http://dcwwepprdn.dwrcymru.int:50400/irj...

_______________________________________________________ Dwr Cymru Welsh
Water is firmly committed to water conservation and promoting water
efficiency. Please log on to our website www.dwrcymru.com/waterefficiency
to find out how you can become water wise. Mae Dwr Cymru Welsh Water wedi
ymrwymo i warchod adnoddau dwr a hyrwyddo defnydd dwr effeithiol. Mae
cyngor i' ch helpu i ddefnyddio dwr yn ddoeth yn
www.dwrcymru.com/waterefficiency

show quoted sections

Dear Mr Simpson

I set out below the further comments you included when you requested an
internal review recently. Please accept my apologies for any delay in
submitting this information but it was unclear from your recent request
for an internal review whether you were requesting further information or
not.  Having clarified this with our internal reviewer, I set out our
responses below:

Communication with developer back pre 2012

We did not consult directly with the developer but we were consulted on 3
planning applications pre 2012.  We submitted a response to the Local
Planning Authority for each of the consultations.  The dates were 2004,
2005 and 2008.

Acknowledgement Dwr Cymru was fully aware of the development

We were aware of the development as a result of the planning consultation.

Communications regarding the pump station which Dwr Cymru have been having
for years

Please find enclosed copies of correspondence regarding the pumping
station, some of which you will have received previously.  Not all of the
information will fit in one email so I will send a series of emails.

Please note that I have redacted personal data from the correspondence in
order to avoid any breach of data protection legislation.  I have also
redacted information that does not relate to your request and I have not
enclosed drawings relating to the design of the pumping station as these
are the commercial property of the designer, in accordance with regulation
12(5)(c).  As the development of this site is not yet complete, to
disclose these designs could cause a competitive disadvantage for the
developer/designer.  If, however, you still wish to receive these designs,
please let me know and I will liaise with my colleagues in Developer
Services to determine whether we can seek consent from the
developer/designer.

Confirmation from David Owen that he will be adopting the site

We have always stipulated that a Section 104 agreement is required before
we will adopt the site.  You have seen this correspondence in an earlier
EIR response.

Communications between Dwr Cymru and the Developer that demonstrates Dwr
Cymru is fully aware of the purchasing of the equipment to put in a pump
station

Please see attached and previous correspondence sent to you.

Written brief that your Solicitor has been given as she seems out of touch

There is no formal brief to our Solicitor; I enclose a timeline provided
to our Solicitor.  I have redacted personal data from the timeline to
avoid any breaches of data protection legislation and I have redacted
information that is not environmental information.  There are a series of
emails from Developer Services updating our Solicitor throughout this
matter, keeping her fully up to date.  Our previous correspondence to you
provides details of the involvement of our Solicitor and the rationale for
decisions to date.

Reasons why we were informed we were connected to the public sewer

Throughout this matter we have stated that a Section 104 agreement is
required.  Our Drainage and Water Search (CON29DW) dated 13^th October
2015 in relation to 10 The Brambles clearly states “this is a recently
built property and it is recommend that drainage proposals are checked
with the developer”.  The search also states “the property is part of an
established development and is not subject to an adoption agreement”.

I hope that this response is clear. Should you have any questions, please
do not hesitate to get in touch.

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 40 working days of the date of receipt of this response
and should be addressed to General Counsel and Company Secretary, Heol
Pentwyn, Nelson, Treharris, Mid Glamorgan, CF46 6LY.

Yours sincerely

Rachel Humphreys

Chartered Legal Executive

Tel: 01443 452383

_______________________________________________________ Dwr Cymru Welsh
Water is firmly committed to water conservation and promoting water
efficiency. Please log on to our website www.dwrcymru.com/waterefficiency
to find out how you can become water wise. Mae Dwr Cymru Welsh Water wedi
ymrwymo i warchod adnoddau dwr a hyrwyddo defnydd dwr effeithiol. Mae
cyngor i' ch helpu i ddefnyddio dwr yn ddoeth yn
www.dwrcymru.com/waterefficiency

show quoted sections

Final email with enclosures, as per my earlier email.

Yours sincerely

Rachel Humphreys

Chartered Legal Executive

Tel: 01443 452383

_______________________________________________________ Dwr Cymru Welsh
Water is firmly committed to water conservation and promoting water
efficiency. Please log on to our website www.dwrcymru.com/waterefficiency
to find out how you can become water wise. Mae Dwr Cymru Welsh Water wedi
ymrwymo i warchod adnoddau dwr a hyrwyddo defnydd dwr effeithiol. Mae
cyngor i' ch helpu i ddefnyddio dwr yn ddoeth yn
www.dwrcymru.com/waterefficiency

show quoted sections

Second email.

Yours sincerely

Rachel Humphreys

Chartered Legal Executive

Tel: 01443 452383

_______________________________________________________ Dwr Cymru Welsh
Water is firmly committed to water conservation and promoting water
efficiency. Please log on to our website www.dwrcymru.com/waterefficiency
to find out how you can become water wise. Mae Dwr Cymru Welsh Water wedi
ymrwymo i warchod adnoddau dwr a hyrwyddo defnydd dwr effeithiol. Mae
cyngor i' ch helpu i ddefnyddio dwr yn ddoeth yn
www.dwrcymru.com/waterefficiency

show quoted sections

Further email.

Yours sincerely

Rachel Humphreys

Chartered Legal Executive

Tel: 01443 452383

_______________________________________________________ Dwr Cymru Welsh
Water is firmly committed to water conservation and promoting water
efficiency. Please log on to our website www.dwrcymru.com/waterefficiency
to find out how you can become water wise. Mae Dwr Cymru Welsh Water wedi
ymrwymo i warchod adnoddau dwr a hyrwyddo defnydd dwr effeithiol. Mae
cyngor i' ch helpu i ddefnyddio dwr yn ddoeth yn
www.dwrcymru.com/waterefficiency

show quoted sections