Andrew Shirley
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
Date as email
Dear Andrew Shirley
FOI-22-4618
Thank you for your information request which was received on 12 April 2022. I have
processed your request under the Environmental Information Regulations (‘EIR’) 2004 (‘the
Regulations’) because the information you have requested concerns work affecting the
environment according to the definition in Regulation 2. Section 39 of the Freedom of
Information Act (‘FOI’) 2000 (‘the Act’) exempts environmental information from the Act but
requires us to consider it under the Regulations.
REQUEST
For ease of reference, I have numbered your questions below:
1. To ask tHS2ltd, for the number of cases in which compensation has been paid
out to landowners for land taken before HS2ltd has taken ownership of the site?
2. To ask HS2ltd if they have an assessment on the average number of days it takes
for HS2ltd to pay compensation on land taken for the schemes?
3. To ask tHS2ltd if they have a total figure for Injurious Affection claims that have
been settled, and how many landowners are still awaiting compensation?
4. Has HS2ltd carried out any research into the impact on affected businesses that
delayed payment of compensation has caused, and how this might be remedied?
RESPONSE
Our data is not organised in a way which would allow us to easily provide the information you
request. Therefore, in accordance with Regulation 12(4)(b) we are refusing your request for
information because it is ‘manifestly unreasonable’. A request may be manifestly unreasonable
if dealing with the request would create unreasonable costs or involve an unreasonable
diversion of resources.
In determining your request was manifestly unreasonable, we conducted a preliminary
search, to ascertain whether we could comply with your request. This search showed that,
while it is likely that we hold the data it is recorded it in a way that would require the
examination of raw data relating to approximately 4,000 claims in order to calculate the
information requested. Each claim would need to be individually interrogated to see if it is
captured by the request and then any relevant data extracted from it.
If we work on the basis that there are 4,000 claims relevant to this request, we estimate it would
take at least 333 hours to review. This estimation is based on the fol owing calculation:
4000 Claims x 5 minutes per case = 20000 minutes or 333 hours
Therefore, complying with this request would place a disproportionate burden on HS2 Ltd and
would therefore be deemed manifestly unreasonable as defined by the Regulations.
Al exceptions under the Regulations are subject to a Public Interest Test (PIT) which means
that we need to consider whether “in al circumstances of the case, the public interest in
maintaining the exception outweighs the public interest in disclosing the information”. Please
see Annex A for ful details of our considerations.
Offer to Assist
When refusing a request for environmental information under Regulation 12(4)(b) on the
grounds of cost or burden; public authorities are required to provide advice and assistance to
help requesters refine their requests and bring them within the cost limit.
Unfortunately, considering the size of the material caught by this request, I am unable to
suggest any practical way in which your request may be narrowed within the terms of the
Regulations. However, I am wil ing to consider any revised request which narrows the scope
of the information captured. You may wish to consider focusing on specific aspects that are of
interest to you.
Right to Review
If you are unhappy with the way we have handled your request or with the decisions made in
relation to your request, you may complain in writing to HS2 Ltd. Please find below details of
HS2 Ltd.’s complaints procedure which includes your right to complain to the Information
Commissioner. Please remember to quote reference number
FOI-22-4618 in any future
communication relating to this request.
Yours sincerely
Briefings, Correspondence and FOI Adviser
High Speed Two (HS2) Limited
Your right to complain to HS2 Ltd and the Information Commissioner
You have the right to complain to HS2 Ltd within 40 working days of the date of this response
about the way in which your request for information was handled and/or about the decision
not to disclose all or part of the information requested.
Your complaint wil be acknowledged, and you wil be advised of a target date by which to
expect a response. Initial y your complaint wil be re-considered by the official who dealt with
your request for information. If, after careful consideration, that official decides that his/her
decision was correct, your complaint wil automatical y be referred to a senior independent
official who wil conduct a further review. You wil be advised of the outcome of your
complaint and if a decision is taken to disclose information originally withheld this wil be
done as soon as possible.
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
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
