Dartmouth Warfleet Road Collapse February 23rd 2024
1. Engineering Reports
Devon County Council was alerted to the potential collapse of Warfleet Road on four occasions:
W231685683 – 04/12/23
W231694584 – 31/12/23
W241706814 – 28/01/24
W241714275 – 18/02/24
W231694584 – the response relating to this case was ‘ the retaining wall not giving way the road is sinking because of an old utility trench.’
W241706814 – the response relating to this case was, ‘This is a sinking utility trench not a wall issue.’
We request the full engineer’s reports relating to the above case numbers.
Please refer to this document for records relating to: W231685683, W231694584, W241706814, W241714275.
Some of the information has been redacted, this information is exempt from disclosure under Regulation 13(1) of the Environmental Information Regulations 2004 (Personal Data).
The Council cannot disclose personal information, if releasing it would contravene any of the provisions in the UK General Data Protection Regulation. In this instance release of this information would contravene the first data protection principle and therefore the information is withheld.
These responses were provided by the Council’s Bridge and Retaining Wall Inspector. No separate reports were produced, therefore this information is not held by Devon County Council.
Two of the enquiries were progressed as a formal complaint. The details of the complaint and associated correspondence are exempt from disclosure under Regulation 13(1) of the Environmental Information Regulations 2004 (Personal Data).
The Council cannot disclose personal information, if releasing it would contravene any of the provisions in the UK General Data Protection Regulation. In this instance release of this information would contravene the first data protection principle and therefore the information is withheld.
2. Legal Dossier
We have been informed by Councillor Simon Rake that a legal 200 page dossier has been drawn up pertaining to responsibilities in this matter.
We request a copy of this document.
This information is exempt from disclosure under Regulation 12(5)(b) of the Environmental Information Regulations (the Course of Justice and Inquiries.)
Devon County Council can confirm the requested information is held; however, the report was produced for the purpose of obtaining legal advice and informing consideration of potential litigation. Disclosure would reveal confidential legal analysis, which would prejudice the Council’s ability to conduct legal proceedings fairly and effectively. Releasing this information would undermine legal professional privilege and weaken the Council’s position in any future litigation relating to the matter.
The Council has considered the public interest in releasing this information and recognises there is a public interest in openness and transparency. However, there is a stronger public interest in ensuring that the Council is able to obtain full and frank legal advice and to conduct litigation fairly and without prejudice, and in maintaining the Council’s ability to make informed, robust decisions based on confidential legal advice that be provided without concern of public disclosure. Protecting legal professional privilege is a fundamental principle recognised by the courts as it supports the proper administration of justice. If such information were routinely disclosed, it would inhibit the Council’s ability to seek candid legal advice in the future, ultimately harming the public interest.
Therefore, the balance of public interest weighs in favour of withholding this information from disclosure.
This information is also exempt from disclosure under Regulation 12(4)(e) of the Environmental Information Regulations (Internal Communications.)
The report is an internal document prepared solely for the Council’s internal deliberations and legal decision‑making processes. Disclosure would interfere with the Council’s ability to engage in free and frank internal discussion, particularly in relation to sensitive legal matters.
The Council has considered the public interest in releasing this information and recognises there is a public interest in openness and transparency. However, there is a stronger public interest in maintaining the Council’s ability to discuss issues internally in a protected environment, particularly when considering legal risks and management decisions. Disclosure of internal drafts and preliminary documents would inhibit free and frank exchange of views and impact on internal decision making.
Therefore, the balance of public interest weighs in favour of withholding this information from disclosure.