Waterloo Roundabout Feasibility Study

The request was refused by Lambeth Borough Council.

Dear Lambeth Council,

Please supply a copy of the Waterloo Roundabout Feasibility Study commissioned jointly with Transport for London in Summer 2019.

My request relates to the study "exploring the development potential of the Lambeth Council and Transport for London (TfL) freehold land on and around Waterloo roundabout"

https://moderngov.lambeth.gov.uk/ieDecis...

Please supply minutes of Project Steering Group meetings.

Please also supply documents prepared by the Council’s Area Regeneration team giving advice on the outputs from the Feasibility Study, next steps and a way forward.

Yours faithfully,

James Hatts

Jane Shields, Lambeth Borough Council

Information request
Our reference: IR315053

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Request details:  Freedom of Information request - Waterloo Roundabout
Feasibility Study .
 
We acknowledge receipt of your request for information that was received
on18 February 2020.

We are dealing with your request and aim to respond within 20 working
days, by 17 March 2020.
Thank you for your interest in Lambeth Council.
 
 
Yours sincerely
 
 Alja Mustar
Freedom of Information Team
London Borough of Lambeth
E-mail: [Lambeth Borough Council request email]
website: www.lambeth.gov.uk
 
Lambeth - the co-operative council
 

Disclaimers apply - full details at [1]www.lambeth.gov.uk/email-disclaimer

References

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centralteam, Lambeth Borough Council

Dear Mr Hatts

 

Thank you for your request received on 18 February 2020.   This request is
being handled under the Environmental Information Regulations 2004 (EIR). 
Please find below our response to the information you requested, which
was:

 

Dear Lambeth Council,

 

Please supply a copy of the Waterloo Roundabout Feasibility Study
commissioned jointly with Transport for London in Summer 2019.

 

My request relates to the study "exploring the development potential of
the Lambeth Council and Transport for London (TfL) freehold land on and
around Waterloo roundabout"

 

[1]https://moderngov.lambeth.gov.uk/ieDecis...

 

Please supply minutes of Project Steering Group meetings.

 

Please also supply documents prepared by the Council’s Area Regeneration
team giving advice on the outputs from the Feasibility Study, next steps
and a way forward.

 

Our Response

 

We consider that the EIR is the correct legislation for this response.

 

We note that Section 2(EIR) defines Environmental Information as follows:-

 

Environmental Information has the same meaning as in Article 2(1) of the
Directive, namely any information in written, visual, aural, electronic or
any other material form on—

 

a) the state of the elements of the environment, such as air and
atmosphere, water, soil, land, landscape and natural sites including
wetlands, coastal and marine areas, biological diversity and its
components, including genetically modified organisms, and the interaction
among these elements;

 

b) factors, such as substances, energy, noise, radiation or waste,
including radioactive waste, emissions, discharges and other releases into
the environment, affecting or likely to affect the elements of the
environment referred to in (a);

 

c) measures (including administrative measures), such as policies,
legislation, plans, programmes, environmental agreements, and activities
affecting or likely to affect the elements and factors referred to in (a)
and (b) as well as measures or activities designed to protect those
elements;

 

(d) reports on the implementation of environmental legislation;

 

(e) cost-benefit and other economic analyses and assumptions used within
the framework of the measures and activities referred to in (c); and

 

(f) the state of human health and safety, including the contamination of
the food chain, where relevant, conditions of human life, cultural sites
and built structures inasmuch as they are or may be affected by the state
of the elements of the environment referred to in (a) or, through those
elements, by any of the matters referred to in (b) and (c);

 

Regulation 12 (4)(b): Manifestly Unreasonable

 

We cannot comply with this request as we consider that it is manifestly
unreasonable in accordance with Regulation 12 (4) (b) EIR.

 

We consider that this Regulation applies due to the amount of time it
would take us to collate information to respond to the request and the
burden the request places on our authority.

 

We note the Commissioner’s position, as explained by the [2]East Devon
District Council case at paragraph 17:-

 

The EIR differ from the FOIA in that no specific limit is set on the
amount of work required by an authority to respond to a request as
provided by section 12 of the FOIA. The Freedom of Information and Data
Protection (Appropriate Limit and Fees) Regulations 2004 (the fees
regulations) which apply in relation to section 12 of the FOIA are not
directly relevant to the EIR - the cost limit and hourly rate set by the
fees regulations do not apply in relation to environmental information.
However, the Commissioner accepts that the fees regulations provide a
useful starting point where the reason for citing regulation 12(4)(b) is
the time and cost of a request but they are not a determining factor in
assessing whether the exception applies.

 

The Fees Regulations used by FOIA explains that the Council can refuse to
comply with a request if the cost of compliance will exceed the
Appropriate Limit under section 12. The limit is currently set at £450
which is the equivalent to 18 hours at £25 per hour.

 

We can also consider the time it would take our team to review the
information and apply any relevant exceptions. We consider it would be
likely that the following exception: Regulation 13: Personal Data may also
be applicable as it is not our intention to release information which may
lead to the identification of residents, customers and / or junior
employees.

 

The definition of personal data is set out in provision 3 of the Data
Protection Act 2018 as follows:-

 

(2)“Personal data” means any information relating to an identified or
identifiable living individual

 

(3)“Identifiable living individual” means a living individual who can be
identified, directly or indirectly, in particular by reference to—

 

(a)an identifier such as a name, an identification number, location data
or an online identifier, or

 

(b)one or more factors specific to the physical, physiological, genetic,
mental, economic, cultural or social identity of the individual.

 

From our preliminary assessment, we estimate that to retrieve, collate,
redact and comply with your request would exceed the appropriate costs
limit under Regulation 12 (4) (b) EIR.

 

Public Interest in Disclosure

 

We note that Regulation 12 (2) has a presumption of disclosure.

 

We also note that this matter is likely to be of interest to the local
community.

 

 

Public Interest in maintaining the exception

 

We consider that compiling a response to this request would be a
significant diversion of resources which would not be in the public
interest as it may disrupt other decision-making or other workloads. It is
not in the public interest to divert officer’s attention from their core
work in order that we respond to a request made by one individual which
may have limited wider public interest.

 

We also consider that information has been published via:
[3]https://moderngov.lambeth.gov.uk/ieDecis... and
that information will continue to be published online as appropriate. This
meets the public interest in providing information relating to this site.

 

We consider overall that the public interest in maintaining the exception
outweighs the public interest in disclosure.

 

In accordance with Regulation 14  this correspondence represents a Refusal
Notice.

 

 

Right to Review

 

If you are dissatisfied with the way in which your Environmental
Information Regulations request has been dealt with you can request an
internal review.  Tell us why you are unhappy with our response within 40
working days, and it will be looked at afresh. We will aim to provide you
with our review response within 20 working days.

 

By email: [4][Lambeth Borough Council request email] (Please quote the reference number above)
or by writing to:

 

Freedom of Information
London Borough of Lambeth

P.O. Box 734

Winchester

S023 5DG

 

If you remain dissatisfied with the outcome of the review you have a
further right to appeal to the Information Commissioner, which regulates
the implementation of the Freedom of Information Act.  The Commissioner
can be contacted at the following address:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Enquiry line: 0303 123 1113

 

Website: [5]https://ico.org.uk/global/contact-us/

 

Thank you for your interest in Lambeth Council.

 

 

Corporate Complaints Unit

London Borough of Lambeth

Finance and Resources Department

Team Tel:  020 7926 0547

Website: [6]www.lambeth.gov.uk

 

 

If you have received this in error please delete all content and notify
the sender immediately.

 

Copyright

 

Some of the information that we provide in response to Freedom of
Information Act 2000 requests will be subject to copyright protection. In
most cases the copyright will be owned by Lambeth Council.

 

Applications for permission to reproduce extracts in published works,
should be made to the Freedom of Information Co-ordinator, London Borough
of Lambeth, P.O. Box 734, Winchester, S023 5DG.  Email:
[7][Lambeth Borough Council request email]

 

You are free to use any information supplied 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.

 

The copyright in other information may be owned by another person or
organisation, is indicated on the information itself.  For information
where the copyright is owned by another person or organisation you must
apply to the copyright owner to obtain their permission.

 

 

Direct Marketing

 

If an organisation intends to use personal names and addresses from what
has been supplied to you for direct marketing, the organisation needs to
be registered with the Information Commissioner to process Personal Data
for this purpose.

 

Organisations must also check that the individual (whom you wish to
contact for direct marketing purposes) is not registered with one of the
Preference Services to prevent Direct Marketing, if they are you must
adhere to this Preference. Follow this Link [https://ico.org.uk/] for more
information. 

 

 

"This email (and/or attachments) may contain information that is legally
privileged.  If you have received this in error please delete all content
and notify the sender immediately."

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Disclaimers apply - full details at [8]www.lambeth.gov.uk/email-disclaimer

References

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3. https://moderngov.lambeth.gov.uk/ieDecis...
4. mailto:[Lambeth Borough Council request email]
mailto:[Lambeth Borough Council request email]
5. https://ico.org.uk/global/contact-us/
6. http://www.lambeth.gov.uk/
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