Three reports referred to by the May 2019 Coffey Inspection Report into landslip in Ecclesbourne Glen

The request was refused by Hastings Borough Council.

Dear Hastings Borough Council,

The May 7th Coffey Inspection report into the landslide in Ecclesbourne Glen (recently provided under EIR ) refers to a previous inspection on the 30th November 2017 and to two other reports dated 2016 and 2018. It is unclear what these reports are.

"The aim of the inspection was to identify any signs of change and / or deterioration of the landslide and the adjacent land since the previous inspection by on the 30th November 2017.
..... This report should be read in conjunction with the Coffey (2016 and 2018) reports on the site"
. https://www.whatdotheyknow.com/request/6...

Please provide the following under EIR:
1. Details of the 30th November Report including title , author, reference numbers.
2. A copy of the 30th November Report
3. Details of the 2016 Report including title , author, reference numbers and date.
4. A copy of the 2016 Report.
5. Details of the 2018 Report including title , author, reference numbers and date.
6. A copy of the 2018 Report.

Yours faithfully,

Chris Hurrell

Information Officer, Hastings Borough Council

1 Attachment

Thank you for your Freedom of Information request.
 
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act. 
 
If your request is for personal information (Subject Access request) your
request will be dealt with according to the requirements of the General
Data Protection Regulation (GDPR) and the timescale for response may be
extended to 40 days.
 
You can find out more information about [1]Freedom of Information as well
as all of the services the council provides on [2]our website.
 
Information Officer
Hastings Borough Council
01424 451066
[3]www.hastings.gov.uk
 
 
 
 
 
 
 
 
 

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Information Officer, Hastings Borough Council

Dear Mr Hurrell

I refer to your recent Freedom of Information request below.

I am on the understanding you are referring to the report titled

Hastings Borough Council
Ecclesbourne Glen,
Eccelsbourne Glen Inspection Report
July 2019

And not May 7th Coffey inspection report, the 7th May was the site visit?

Yours sincerely

Lisa Greathead
Information Officer

show quoted sections

Dear Information Officer,

Thank you for requesting clarification.

You are correct it is the July 2019 report that followed the inspection visit on the 7th May.

Yours sincerely,

Chris Hurrell

Information Officer, Hastings Borough Council

1 Attachment

Thank you for your Freedom of Information request.
 
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act. 
 
If your request is for personal information (Subject Access request) your
request will be dealt with according to the requirements of the General
Data Protection Regulation (GDPR) and the timescale for response may be
extended to 40 days.
 
You can find out more information about [1]Freedom of Information as well
as all of the services the council provides on [2]our website.
 
Information Officer
Hastings Borough Council
01424 451066
[3]www.hastings.gov.uk
 
 
 
 
 
 
 
 
 

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Information Officer, Hastings Borough Council

1 Attachment

Dear Mr Hurrell
 
I refer to your recent Freedom of Information request ref: FOIR-150804212
 
Please find attached our response.
 
 
Yours sincerely
 
Lisa Greathead
Information Officer
Hastings Borough Council
Muriel Matters House
Breeds Place
Hastings 
TN34 3UY
 
 

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Dear Hastings Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Hastings Borough Council's handling of my FOI request 'Three reports referred to by the May 2019 Coffey Inspection Report into landslip in Ecclesbourne Glen'.

My request was for reports including a report produced on the 30th November 2017 described as an “inspection report” in the latest Coffey report dated July 2019.

The 30th November 2017 report has been refused using exception 12(5)B “course of justice” The refusal states that the report does not have a reference number and that the report was an “inspection for the legal report” authored by Coffey.

1. My request asked for the title, author, reference number.of the November 2017 report

1A. The refusal states that the report does not have a reference number. This is incompatible with Coffey’s usual practice – all Coffey reports that we have seen include a reference number. Please confirm that this report is the exception and does not have a reference number.

1B. The document is titled " inspection for the legal report ".
Coffey are a company that specialises in geotechnical reports. The report may have been used as information for a separate legal report but cannot be a legal report in its own right. Coffey are not legal specialists but geotechnical specialists. The November 2017 report is an inspection report on the landslide produced by geptechnical specialists. It is NOT a legal report. Please confirm that the report is about drainage/geotechnical issues concerning the landslip. Please provide a description of the report.

2. My request for the document is being refused under Exception 12(5)(b) ‘The course of justice and inquiries’

2A. The public interest test has not been explored.

2B. It has not been demonstrated how a report concerning geotechnical/drainage issues can be refused under 12(5)(B).

2C. The report is information provided to HBC from its geotechnical specialists it is not a legal document and includes no privileged legal information.

2D. The report covers geotechnical and drainage issues and is unrelated to any legal proceedings.

2E. There are no legal proceedings in course as the caravan site licence was issued in April 2018.

2F. The exception may have applied prior to the caravan site licence being issued but cannot apply now.

2G. It has not been demonstrated how Legal Professional Privilege applies.

3. The factors for non disclosure are all unrelated to exception 12(5)(B)
- Maintaining commercial confidences
- Correspondence contains confidential information
- The significance and sensitivity of the information
- Maintaining the confidentiality of discussions in the interest of good governance and the perceived threat to candour and boldness in the giving of advice

3A. The factors for non disclosure have not been demonstrated.

3B. The report is between Coffey and HBC and concerns drainage and geotechnical issues. How is this considered commercially confidential and to whom does confidentiality apply?

3C. Why is information concerning drainage and geotechnical issues considered confidential? How is such information significant and sensitive?

3D. The confidentiality of discussion arguments only apply to issues that are still under consideration. How can the report still require confidentiality of discussion protection two years later and after the caravan site licence has been public for 18 months?

3E. The caravan site licence is in the public domain. In any case the information request is not for the caravan site licence but for a geotechnical/drainage report.

4. A previous EIR request (76891398) provided me with two extracts from a document . These extracts consisted of a .pdf file authored by an HBC employee containing two diagrams and a .pdf file authored by Coffey containing some text about the Landslip. HBC stated that these 2 diagrams and a page of text were part of a larger report produced in November 2017 from a draft document for the Caravan Site Licence appeal. HBC stated that they do not hold a full copy of this draft report for the caravan site licence appeal. A complaint (FER0790996) was made to the ICO and HBC reconfirmed to the ICO that they do not hold a copy of this Caravan Site Licence appeal report.

4A. The July 2019 report into the landslide shows that the information (2 diagrams and a page of text) requested in my EIR(76891398) may be part of a larger inspection report into the landslip dated the 30th November 2017. The July 2019 inspection report shows that the November 2017 report was an inspection report and not a draft caravan site licence report s stated by HBC . The July 2019 report refers to the November 2017 inspection report several times .

4B. Please confirm that the caravan site licence report produced in November 2017 which HBC state they do not hold is NOT the same report as the 30th November 2017 report that is currently being refused under 12(5)B.

4C. If the reports are in fact the same report please explain why HBC previously refused the report on the grounds of “information not held” and are now refusing the report on the grounds of “course of justice”.

5. A previous FOI request (FOI-79508996) dated the 4th July 2018 provided a list of all reports produced by Coffey for HBC from 2010 to date concerning Ecclesbourne Glen, Rocklands or the Hastings Country Park. This November 2017 report was NOT included in this list. This report was produced in November 2017 and should have been listed.

5A. Please explain why this report was omitted from the list of reports.

5B. This report and a separate document with a reference number of 02255AF were both omitted from the list of reports provided by FOI-79508996. Are there any other reports that have been omitted from the list of reports provided?

5C. Can you please assure me that with the addition of this report and Document 02255AF we now have a comprehensive list of all reports.
https://www.whatdotheyknow.com/request/l...

6. Should any of the factors for non disclosure apply it has not been explained why a redacted version of the report could not be provided. Please explain why a redacted version could not be supplied.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/t...

Yours faithfully,

Chris Hurrell

Information Officer, Hastings Borough Council

1 Attachment

Thank you for your Freedom of Information request.
 
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act. 
 
If your request is for personal information (Subject Access request) your
request will be dealt with according to the requirements of the General
Data Protection Regulation (GDPR) and the timescale for response may be
extended to 40 days.
 
You can find out more information about [1]Freedom of Information as well
as all of the services the council provides on [2]our website.
 
Information Officer
Hastings Borough Council
01424 451066
[3]www.hastings.gov.uk
 
 
 
 
 
 
 
 
 

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Information Officer, Hastings Borough Council

1 Attachment

Dear Mr Hurrell
 
I refer to your email dated 30 November 2019 requesting an Internal Review
following our response to a recent Freedom of Information request ref:
FOIR-150804212
 
I have been asked, as a senior officer of the council who has not been
involved in your case to look into how we handled your request.  Please
accept my apologies for the delay in responding.
 
Hastings Borough Council received the following request on 10 October 2019
 
The May 7th Coffey Inspection report into the landslide in Ecclesbourne
Glen (recently provided under EIR ) refers to a previous inspection on the
30th November 2017 and to two other reports dated 2016 and 2018. It is
unclear what these reports are.
 
"The aim of the inspection was to identify any signs of change and / or
deterioration of the landslide and the adjacent land since the previous
inspection by on the 30th November 2017.
..... This report should be read in conjunction with the Coffey (2016 and
2018) reports on the site"
.
[1]https://www.whatdotheyknow.com/request/6...
 
Please provide the following under EIR:
1. Details of the 30th November Report including title , author, reference
numbers.
2. A copy of the 30th November Report
3. Details of the 2016  Report including title , author, reference numbers
and date.
4. A copy of the 2016  Report.
5. Details of the 2018 Report including title , author, reference numbers
and date.
6. A copy of the 2018  Report.
 
Hastings Borough Council responded on the 28 November 2019
 
Please accept my apologies for the slight delay in responding.
 
30th November
 

 1. Inspection for the legal report, Coffey, no reference number provided

 

 2. NOTICE OF REFUSAL

 
Under Environmental Information Regulations parts of the correspondence
that is held by HBC is being refused under Exception 12(5)(b) ‘The course
of justice and inquiries’.
The course of justice has a wide meaning which includes material covered
by Legal Professional Privilege. Legal Professional Privilege (LPP) exists
to ensure complete fairness in legal proceedings. LLP protects advice
given by a lawyer to a client and confidential communications between them
about that advice.
 
This exception is subject to a Public Interest Test. This means that a
public authority can refuse to disclose information under these exceptions
if in all the circumstances of the case the public interest in maintaining
the exception outweighs the public interest in disclosing the information.
 
Factors for disclosure:
 

* Transparency and accountability

Factors against disclosure:
 

* Maintaining commercial confidences
* Correspondence contains confidential legal information
* The significance and sensitivity of the information
* Maintaining the confidentiality of discussions in the interest of good
governance and the perceived threat to candour and boldness in the
giving of advise

 
2016 report
 

 3. Hastings Borough Council, Ecclesbourne Glen Footpath Diversions,
Options Assessment, Coffey, ref: 02255AE
 4. Part of this report was provided to you on the 16 October 2018 and
part was refused. This case is currently awaiting a decision from the
Information Commissioners Office therefore will not be provided.

 
2018 report
 

 5. Hastings Footpath Note and Figures, Coffey, ref: there is no reference
on the briefing note but listed on the 2 figures is  ref: 02255AG
 6. This information was supplied to you on the 12 July 2019 ref:
FOIR-124239607

 
 
You requested an internal review on the 30 November 2019
 
Please pass this on to the person who conducts Freedom of Information
reviews.
 
I am writing to request an internal review of Hastings Borough Council's
handling of my FOI request 'Three reports referred to by the May 2019
Coffey Inspection Report into landslip in Ecclesbourne Glen'.
 
My request was for reports including a report  produced on the 30th
November 2017 described as an “inspection report” in the latest Coffey
report dated July 2019.
 
The 30th November 2017 report has been refused using exception 12(5)B
“course of justice” The refusal states that the report does not have a
reference number and that the report  was an “inspection for the legal
report” authored by Coffey.
 
1. My request asked for the title, author, reference number.of the
November 2017 report
 
1A. The refusal states that the report does not have a reference number.
This is incompatible with Coffey’s usual practice – all Coffey reports
that we have seen include a reference number. Please confirm that this
report is the exception and does not have a reference number.
 
1B. The document is titled  " inspection for the legal report ".
Coffey are a company that specialises in geotechnical reports. The report
may have been used as information for a separate legal report but cannot
be a legal report in its own right. Coffey are not legal specialists but
geotechnical specialists. The November 2017  report is an inspection
report on the landslide produced by geptechnical specialists. It is NOT a
legal report. Please confirm that the report  is about
drainage/geotechnical issues concerning the landslip. Please provide a
description of the report.
 
2. My request for the document is being refused under Exception 12(5)(b)
‘The course of justice and inquiries’
 
2A. The public interest test has not been explored.
 
2B. It has not been demonstrated how a report concerning
geotechnical/drainage issues can be refused under 12(5)(B).
 
2C. The report is information provided to HBC from its geotechnical
specialists it is not a legal document and includes no privileged legal
information.
 
2D. The report covers geotechnical and drainage issues and is unrelated to
any legal proceedings.
 
2E. There are no legal proceedings in course as the caravan site licence
was issued in April 2018.
 
2F. The exception may have applied prior to the caravan site licence being
issued but cannot apply now.
 
2G. It has not been demonstrated how Legal Professional Privilege applies.
 
3. The factors for non disclosure are all unrelated to exception 12(5)(B)
- Maintaining commercial confidences
- Correspondence contains confidential information
- The significance and sensitivity of the information
- Maintaining the confidentiality of discussions in the interest of good
governance and the perceived threat to candour and boldness in the giving
of advice
 
3A. The factors for non disclosure have not been demonstrated.
 
3B. The report  is between Coffey and HBC and concerns  drainage and
geotechnical issues. How is this considered commercially confidential and
to whom does confidentiality apply?
 
3C. Why is information concerning drainage and geotechnical issues
considered confidential? How is such information significant and
sensitive?
 
3D. The confidentiality of discussion arguments only apply to issues that
are still under consideration. How can the report  still require
confidentiality of discussion protection two years later and after the
caravan site licence has been public for 18 months?
 
3E. The caravan site licence is in the public domain. In any case the
information request is not for the caravan site licence but for a
geotechnical/drainage report.
 
4. A previous EIR  request (76891398) provided me with two extracts from a
document . These extracts consisted of a .pdf file authored by an HBC
employee containing two diagrams and a .pdf file authored by Coffey
containing some text about the Landslip. HBC stated  that these 2 diagrams
and a page of text were part of a larger report produced in November 2017
from a draft document for the Caravan Site Licence appeal.  HBC stated 
that they do not hold a full copy of this draft report for the caravan
site licence appeal. A complaint (FER0790996) was made to the ICO and HBC
reconfirmed to the ICO that they do not hold a copy of this Caravan Site
Licence appeal report.
 
4A. The July 2019 report into the landslide shows that the information (2
diagrams and a page of text) requested in my EIR(76891398)  may be  part
of a larger inspection report into the landslip dated the 30th November
2017.  The July  2019 inspection report shows  that the November 2017
report was an inspection report and not a draft caravan site licence
report s stated by HBC . The July  2019 report refers to the November 2017
inspection report several times .
 
4B. Please confirm that the caravan site licence report produced in
November 2017 which  HBC state they do not hold is NOT the same report as
the 30th November 2017 report that is currently being refused under
12(5)B.
 
4C. If the reports are in fact the same report please explain why HBC
previously refused the report on the grounds of “information not held” and
are now refusing the report on the grounds of “course of justice”.
 
5. A previous FOI request (FOI-79508996) dated the 4th July 2018 provided
a list of all reports produced by Coffey for HBC from 2010 to date
concerning Ecclesbourne Glen, Rocklands or the Hastings Country Park. This
November 2017 report was NOT included in this list. This report  was
produced in  November 2017 and should have been listed.
 
5A. Please explain why this report was omitted from the list of reports.
 
5B. This report and a separate document with a reference number of 
02255AF were both omitted from the list of reports provided by
FOI-79508996. Are there any other reports that have been omitted from the
list of reports provided?
 
5C. Can you please assure me that with the addition of this report and
Document 02255AF we now have a comprehensive list of all reports.
[2]https://www.whatdotheyknow.com/request/l...
 
6. Should any of the factors for non disclosure apply it has not been
explained why a redacted version of the report  could not be provided.
Please explain why a redacted version could not be supplied.
 
A full history of my FOI request and all correspondence is available on
the Internet at this address:
[3]https://www.whatdotheyknow.com/request/t...
 
Review
 
I have carried out an investigation of this request and can advise as
follows:
 
The 30 November 2017 was an inspection for a legal report between the
owners of Rocklands Caravan Park and Hastings Borough Council, the title
being ‘Rocklands Holiday Park Ecclesbourne Glen License.   This was a
geotechnical expert report of Coffey for the respondent dated February
2018.  Coffey advised that they would expect this to be legally privileged
therefore the council refused disclosure for the reasons set out in our
initial response dated 28 November 2019.
 
It has been brought to my attention that Hastings Borough Council does not
hold a copy of this report.  All that is held is a screenshot of the front
page which is attached for your information (redacted), you will see that
no reference number is shown.  The report was sent direct to our barrister
dealing with the caravan site licence appeal case, so although technically
Hastings Borough Council was the client and paying for it, we didn’t
actually see it or hold a copy.
 
The inspection on the 30 November 2017 and subsequent report dated
February 2018 is not the same as that you refer to in 4A. 
 
This was not included in the list of Coffey reports held by the Council in
connection with your Freedom of Information ref: FOI-79508996 as we do not
hold a copy.
 
Please accept my apologies for the error made, you should have been
advised that Hastings Borough Council do not hold a copy of the report
relating to question 2 of your request in our initial response dated 28
November 2020.
 
If you remain dissatisfied then you may complain to the Information
Commissioners Office (ICO) who will decide whether the Council has handled
your request correctly.
 
Information Commissioners Office
Wycliffe House
Wilmslow
Cheshire
SK9 5AF
 
Tel: 08456 30 60 60
[4]www.ico.gov.uk
 
Yours sincerely
 
 
Mark Horan
Continuous Improvement and Democratic Services Manager
 
 

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