Why NO EIA or sustainablilty assessment been done on Bute Park?

The request was partially successful.

Dear Sir or Madam,

Re Plans for Bute Park £1.4 bridge and road for lorries ...

Why has NO EIA (environmental impact assessment) been done as this is an urban development of a sensitive area, i.e. Listed Bute Park

Why has no full sustainability assessment as in the Parks Strategy been done in relation to a major development of a £1.4 bridge and road for articulated lotrries into listed BUTE PARK?

Yours faithfully,

Anne Greagsby

Cardiff Council

Dear Anne Greagsby,

Thank you for your Freedom of Information request.

Details have been forwarded to the Freedom of Information Officer within
the relevant department who will be dealing with your request and will
contact you in due course.

If you have any further queries, please do not hesitate to contact us.

Sincerely,

Paula Franklin

C2C Records Officer
Connect to Cardiff
Cardiff County Council
County Hall
Atlantic Wharf
Cardiff
CF10 4UW

email [1][email address]

Annwyl Anne Greagsby,

Diolch am eich cais Rhyddid Gwybodaeth.

Mae’r manylion wedi cael eu danfon at y Swyddogion Rhyddid Gwybodaeth
yn yr adran berthnasol. Byddent yn delio gyda’ch cais a byddent yn
cysylltu â chi yn fuan.

Os oes gennych chi unrhyw ymholiad bellach, cysylltwch â fi os gwelwch
yn dda.

Yn gywir,

Paula Franklin

Cysylltu â Chaerdydd
Cyngor Caerdydd

e-bost: [2][email address]

Dear Sir or Madam,

Re Plans for Bute Park £1.4 bridge and road for lorries ...

Why has NO EIA (environmental impact assessment) been done as this

is an urban development of a sensitive area, i.e. Listed Bute Park

Why has no full sustainability assessment as in the Parks Strategy

been done in relation to a major development of a £1.4 bridge and

road for articulated lotrries into listed BUTE PARK?

Yours faithfully,

Anne Greagsby

show quoted sections

Jones, Keeley, Cardiff Council

Your Ref: CLP0008

Dear Ms Greagsby

Thank you for your request under the Freedom of Information Act 2000
about Bute Park received on 29th June 2009.

We are considering your request under the terms of the Freedom of
Information Act, you should receive the information requested within the
statutory timescale of 20 working days, unless the information is exempt
or we require additional time to consider whether disclosure is in the
public interest in accordance with section 10(3) of the Act.

Cardiff Council*s policy is to carry out the spirit and requirements of
the Freedom of Information Act in a manner which:

- recognizes the duty to inform as the essential principle underlying the
legislation;

- discloses to requesters the maximum information possible which is not
injurious to the public and private interests identified in the exemptions
in the Act and does so in the most timely and consistent manner given the
nature and scope of the request;

- ensures that fees permitted under the Act are kept to an absolute
minimum whilst safeguarding our position as a non-profit making repayment
department

We will try to supply information in electronic format by email, but if
this is not possible we will let you know. If you have any special
requirements e.g. language, audio, large print, etc. please let us know.

The Act defines a number of exemptions which may prevent the release of
information. If any exemptions apply to your information request they will
be considered prior to disclosure. If any of the exemption categories do
apply an explanation for non-disclosure will be included in the Decision
Notice response you will receive, included in this notice is your right to
appeal against our decision.

If the information you request contains reference to a third party then
they may be consulted prior to a decision being taken on whether or not to
release the information to you. We will keep you informed if this issue
arises.

In some circumstances a fee may be payable for the information you have
requested, we will inform you of the details if and when appropriate. In
these circumstances you will have to pay the fee before we process and
release the information. The 20 working day time limit for responses will
not start until we receive your payment.

If you have any queries or concerns regarding the FOIA please do not
hesitate to contact me.

You can find out more about the Act from the Information Commissioner at:

Information Commissioner's Office (Wales)

Cambrian Buildings

Mount Stuart Square

Cardiff

CF10 5FL

[1]http://www.informationcommissioner.gov.u...

Telephone: 029 2044 8044
Fax: 029 2044 8045

Email: [2][email address]

Please remember to quote the reference number above in any future
communications.

Yours Sincerely

Keeley Jones

Development Officer / Swyddog Datblygu

Community Development & Research Team / Tîm Datblygu Cymunedol ac Ymchwil

Culture, Leisure and Parks / Diwylliant, Hamdden a Pharciau

029 2087 3940

P STOP! Do you really need to print this email? Please save the
Environment.

Arhoswch eiliad! Oes rhaid i chi brintio*r e-bost hwn? Gofalwch am yr
Amgylchedd.

show quoted sections

Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir y
neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am
drosglwyddo'r neges i'r person a enwir), yna ni chewch gopio na
throsglwyddo'r neges. Mewn achos o'r fath, dylech ddinistrio'r neges a
hysbysu'r anfonwr drwy e-bost ar unwaith. Rhowch wybod i'r anfonydd ar
unwaith os nad ydych chi neu eich cyflogydd yn caniatau e-bost y Rhyngrwyd
am negeseuon fel hon. Rhaid deall nad yw'r safbwyntiau, y casgliadau a'r
wybodaeth arall yn y neges hon nad ydynt yn cyfeirio at fusnes swyddogol
Cyngor Dinas a Sir Caerdydd yn cynrychioli barn y Cyngor Sir nad yn cael
sel ei fendith. Caiff unrhyw negeseuon a anfonir at, neu o'r cyfeiriad
e-bost hwn eu prosesu gan system E-bost Gorfforaethol Cyngor Sir Caerdydd
a gallant gael eu harchwilio gan rywun heblaw'r person a enwir.

**********************************************************************

.

References

Visible links
1. http://www.informationcommissioner.gov.u...
2. mailto:[email address]

Morgan, Kevin, Cardiff Council

Our Ref: CLP0008

Dear Ms Greagsby,

Thank you for your request under the Freedom of Information Act 2000 about
CLP0008 - Bute Park New Vehicular Bridge received on 29th June 2009.

We have considered your request and enclose the following information:

show quoted sections

Dear Sir or Madam,

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

I am writing to request an internal review of Cardiff Council's handling of my FOI request 'Why NO EIA or sustainablilty assessment been done on Bute Park?'.

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

I haven't had an answer to this question and I received the answer to a totally different question!

Yours faithfully,

Anne Greagsby

Alex Skene left an annotation ()

I've moved the Bottled Water answer to the correct request, and you can see their answer to your Bute Park question by clicking on the "show quoted sections" link:

http://www.whatdotheyknow.com/request/wh...

Kind regards
Alex
whatdotheyknow.com volunteer

Bradshaw, Phillip, Cardiff Council

Dear Ms Greagsby

Your request for a review of the answer to your request which was issued
on 23 July has been forwarded to me for attention.

You asked :

Why no EIA or sustainability assessment has been done on Bute Park? Re
plans for Bute Park 1.4 bridge and road lorries
and then rephrased what appears to be essentially the same question
several times.

Although the service area has attempted to answer this in good faith (see
below) it does not appear to me that this was a request for information
which falls within EIR. The duty under regulation 5 is that "a public
authority that holds environmental information shall make it available on
request". However you have not asked for environmental information held by
the Council but for an explanation of a course of action taken. Neither
EIR nor FOIA places a statutory duty on the authority to give explanations
or answer questions as such. Without clarification of what Environmental
Information you believe you are requesting it seems impossible for me to
carry out a review under Regulation 11.

Putting that aside however it seems to me that the service area has
answered the request in full by saying "There was no Environmental Impact
Assessment conducted for the new Bute Park Access Bridge because it is not
considered a Schedule II development within the directive and therefore
the development falls outside of the scope of EIA. Such an assessment was
therefore unnecessary for this scheme."

I am not competent to assess whether the view taken was correct, and it
appears from your question that you may disagree, but it appears to me to
be a full answer to your question, and I am pleased to see that the
Officers involved have attempted to answer the question even though it may
strictly fall outside the requirements of EIR.

Could you therefore please clarify
(a) What Environmental Information held by the Council you are trying to
obtain and /or
(b) Why you consider the answer given, as noted above, does not answer the
question posed

Yours Sincerely

Phillip Bradshaw

Information Manager
Clerk to the Council

Room CY4B, County Hall

EMail: [1][email address]

Phone: 029 2087 3346
[mobile number]

Fax:       029 2087 3349

Mae Cyhoeddi Cynnar yn Codi Canfod Cadarnhaol
Proactive Publishing Promotes Positive Perceptions

show quoted sections

Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir y
neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am
drosglwyddo'r neges i'r person a enwir), yna ni chewch gopio na
throsglwyddo'r neges. Mewn achos o'r fath, dylech ddinistrio'r neges a
hysbysu'r anfonwr drwy e-bost ar unwaith. Rhowch wybod i'r anfonydd ar
unwaith os nad ydych chi neu eich cyflogydd yn caniatau e-bost y Rhyngrwyd
am negeseuon fel hon. Rhaid deall nad yw'r safbwyntiau, y casgliadau a'r
wybodaeth arall yn y neges hon nad ydynt yn cyfeirio at fusnes swyddogol
Cyngor Dinas a Sir Caerdydd yn cynrychioli barn y Cyngor Sir nad yn cael
sel ei fendith. Caiff unrhyw negeseuon a anfonir at, neu o'r cyfeiriad
e-bost hwn eu prosesu gan system E-bost Gorfforaethol Cyngor Sir Caerdydd
a gallant gael eu harchwilio gan rywun heblaw'r person a enwir.

**********************************************************************

References

Visible links
1. mailto:[email address]

Dear Bradshaw, Phillip,

I would like to know why no sustainability assessment has been done as in the Councils own parks and green spaces strategy. This is a separate issue to the EIA.

As regards the EIA - why is there NO EIA [environmental impact assessment] which is required on urban development of a sensitive area. So please explain this to me because I don't understand your reply "because it is not considered a Schedule II development within the directive "

A schedule II development requires a EIA where it is 'likely to give rise to significant environmental effects' Therefore someone decided that this EIA wasn't necessary so please tell me who made that decision and how that came about - what report or investigation and consultation was undertaken in order to conclude that the EIA was uncnecessary? Did any committee investigate or agree that there shouldn't be an EIA?

I would also like to know about the 'path' widening and lorry turning circle and when the full design will be available to the public and what consultation will be taking place? When will the EIA be done on this road or 'path' and turning circle.

Of course the plans are not yet 'worked up' as Cllr Howells told me so can you now tell me when the plans will be worked up and ready for concultation. When will the equality impact assessment on that worked up plan take place take place. I would be happy to respond on behalf of pedestrians and living streets.

How can any consultation to date be valid as there has been no up to date 'worked up plans'?

Yours sincerely,

Anne Greagsby

Glyn Mottershead left an annotation ()

Anne, it would be better to ask to see any documents, correspondence or datasets relating to this decision and go from there. Technically the Information Officer is correct, so one way to deal with that is to look at what you are asking for - get them to share the raw information rather than a simple answer to the question.
Keep up the good work

Bradshaw, Phillip, Cardiff Council

Dear Ms Greagsby

On reviewing this matter with a view to closure it appears that I
overlooked formally responding to your email of 24 July. Please accept my
apologies.

I really do not think I can assist further on the principle question about
an Environmental Impact assessment. The technical answer must remain that
the Council holds no information within the scope of your request.

In respect of the first part of your request I therefore conclude that the
Council, by offering an appropriate explanation, complied with its duties
under EIR and I do not uphold your complaint.

Dealing with the supplementary issues the decision that the bridge did not
constitute a Schedule II development was effectively taken by the author
of the report to the planning committee and constitutes a professional
opinion of the author - the Chief Strategic Planning and Environment
Officer. You may disagree with that professional assessment but providing
a further explanation is not an EIR issue which I can deal with. If you do
not fully understand the definitions in the Directive you should take
independent advice. By acting on the report the Committee accepted the
professional opinion. The question of investigation and consultation did
not arise and accordingly the Council holds no information in this regard.

The remainder of your questions related to possible future actions and
accordingly would not have been valid subjects for EIR - the Council would
not hold information about something which had not yet happened unless the
events were specifically scheduled - which they were not.

So far as the second part of your request was concerned (information about
sustainability assessment) I accept that this was simply not answered in
our original response of 23 July. However for the reasons set out in my
email of 24 July I do not believe this, being a request for an
explanation, was technically a valid request for information held. I
therefore do not consider the failure to respond was a breach of the
primary duty under Regulation 5 to make available information held.

However I do find that the failure to deal with the point at all was a
failure to provide "advice and assistance, so far as it would be
reasonable to expect the authority to do so, to applicants and prospective
applicants " and in that respect only I uphold your complaint. I am
satisfied however that this was not intentional. In answering the first
part of your request in good faith it was assumed the information given
would meet your needs.

I must also formally accept that we have failed to deal with this review
we have failed to comply with the time limit under Regulation 11(4)

For the purposes of Regulation 11 I accordingly confirm that in these
limited respects :
(a) the Council accepts that it failed to comply with the requirements of
Regulation 9(1) and Regulation 11(4) of the EIR

(b) on behalf of the Council I apologise for these errors and enclose
below some further information which may assist you in formulating a
request . In addition this email will be copied to those who handled the
initial request as a reminder of the duty to advise and assist

(c) no further action will be taken
On the sustainability issue the simple fact is that this development is
part of a wider plan which had sustainability at its heart. I refer you to
the Bute Park Restoration Plan
[1]http://www.cardiff.gov.uk/ObjView.asp?Ob...

As you will see in a very real sense the whole purpose of this plan is
sustainable development. See in particular the Restoration and Management
Objectives at 6.4 . In essence the basis of your question was misconceived
and it is incorrect to say that there has been no sustainability
assessment. Sustainability assessments and environmental impact
assessments serve different purposes. The former is typically carried out
at the level of high level plans and strategies, the latter on specific
proposals.

Your final question again is not an EIR issue. As an information
professional I would however say that all consultation is valid.
Consultation may take place at any time - from initial idea to final
proposal . The weight to be given to responses will take into account the
level of information available to consultees at the time(s) they were
engaged.

If you are dissatisfied with this decision you may request the Information
Commissioner to investigate. The contact details are:

Information Commissioner's Office (Wales)
Cambrian Buildings
Mount Stuart Square
Cardiff
CF10 5FL

[2]http://www.informationcommissioner.gov.u...

Telephone: 029 2044 8044

Fax: 029 2044 8045

Email: [3][email address]

[4]Phil Bradshaw

Information Manager
Citizen & Democratic Service

Room CY4A, County Hall

EMail: [5][email address]

Phone: 029 2087 3346
[mobile number]

Fax:       029 2087 3349

Share a little Knowledge this Christmas

show quoted sections

Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir y
neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am
drosglwyddo'r neges i'r person a enwir), yna ni chewch gopio na
throsglwyddo'r neges. Mewn achos o'r fath, dylech ddinistrio'r neges a
hysbysu'r anfonwr drwy e-bost ar unwaith. Rhowch wybod i'r anfonydd ar
unwaith os nad ydych chi neu eich cyflogydd yn caniatau e-bost y Rhyngrwyd
am negeseuon fel hon. Rhaid deall nad yw'r safbwyntiau, y casgliadau a'r
wybodaeth arall yn y neges hon nad ydynt yn cyfeirio at fusnes swyddogol
Cyngor Dinas a Sir Caerdydd yn cynrychioli barn y Cyngor Sir nad yn cael
sel ei fendith. Caiff unrhyw negeseuon a anfonir at, neu o'r cyfeiriad
e-bost hwn eu prosesu gan system E-bost Gorfforaethol Cyngor Sir Caerdydd
a gallant gael eu harchwilio gan rywun heblaw'r person a enwir.

**********************************************************************

--
Scanned by iCritical.

References

Visible links
1. http://www.cardiff.gov.uk/ObjView.asp?Ob...
2. http://www.informationcommissioner.gov.u...
3. mailto:[email address]
4. http://wikiweb/index.php?title=Informati...
5. mailto:[email address]

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