|
I make this request under the EIR 2004. If any information is withheld, please identify the specific regulation relied upon and provide the public interest test where applicable. This request relates to a public highway for which DCC is the highway authority, which has collapsed and has been closed for almost two years, allegedly due to failure of a supporting retaining wall and potentially aggravated by water ingress or leakage.
Please provide: a) Confirmation that the road is:
b) Highway adoption records and extent plans for the road c) Records confirming DCC’s highway maintenance responsibility for the carriageway, verges, drainage, and highway structure interface. The information for 1a), b) and c) can be found on this Devon County Council (DCC) webpage. d) Any records identifying statutory duties considered by DCC in relation to this collapse (including Highways Act 1980 sections 41, 56, 100, 130 or related powers). Please see these DCC documents for this information. 2. Retaining Wall Ownership and Responsibility Please provide: a) All documents relied upon by DCC to determine or assert that the retaining wall is privately owned, including:
For this information, please see the response to question 2 of this previous request for information. b) Any correspondence with:
Regarding correspondence with alleged private owners and adjacent landowners, this information is exempt from disclosure under Regulation 13(1) of the Environmental Information Regulations 2004 (Personal Data). DCC can confirm the requested information is held; however, 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. Therefore, the information is withheld. Regarding correspondence with insurers, DCC can confirm that the requested information is held, however as the insurers are acting on behalf of the private landowners, their information is considered to be the personal information of the landowners as per the above, and therefore is exempt from disclosure under Regulation 13(1) of the Environmental Information Regulations 2004 (Personal Data). Regarding correspondence with legal advisers, this information is held by DCC however it is exempt from disclosure under Regulation 12(5)(b) of the Environmental Information Regulations 2004 (the Course of Justice and Inquiries). The Council has considered the public interest in releasing this information and recognises there is a strong public interest in openness and transparency, however, there is a stronger public interest in safeguarding openness and frankness in all communications between the Council and their legal representatives to ensure access to full and frank legal advice. Therefore, the balance of public interest weighs in favour of withholding this information from disclosure. c) Any assessment of:
For this information, please see the response to question 2 of this previous request for information. d) Any consideration given to:
For this information, please see the response to question 2 of this previous request for information. 3. Inspections and Condition Records Please provide all inspection and assessment records for the road and associated structures, including but not limited to: a) Routine highway inspection records for at least 5 years prior to the collapse b) All inspections carried out following:
For this information please see the inspection records on this webpage. Information that is greyed out is exempt from disclosure under Regulation 13(1) of the Environmental Information Regulations 2004 (Personal Data). Devon County Council can confirm the requested information is held; however, the Council cannot disclose personal information, if releasing it would contravene any of the data protection principles set out in the UK GDPR. c) Emergency, safety or structural inspections DCC does not hold this information. d) Risk assessments, defect categorisations and prioritisation records e) Records identifying:
For 3d) and 3e), please see the response to question 2 of this previous request for information. 4. Structural and Engineering Reports Please provide: a) Structural engineer reports relating to:
DCC does not hold any structural engineering reports per se, however an engineering opinion is held. Please see the response to the first question of this previous request for information for further information. b) Any options appraisals for:
DCC does not hold this information. c) Cost estimates or feasibility studies DCC does not hold this information. d) Records showing whether recommendations were actioned, deferred or rejected. Not applicable; as there are no options appraisals, cost estimates or feasibility studies, there are no recommendations. 5. Drainage, Water Ingress and Utilities Please provide: a) Drainage plans for the road, retaining wall, and surrounding highway land If you scroll down and click on continue on this DCC webpage, then type ‘Warfleet Road’ into the location search bar, and then zoom in you will see an interactive map of Warfleet Road and the surrounding area. Clicking on the ‘GY’ symbols (‘GY’ stands for gully), will show information such as the date of last inspection and the frequency of inspection. b) Records of:
There are no known records of water ingress, groundwater issues or surface water drainage problems, and so DCC does not hold this information. c) Records of any:
This information can be found on this DCC webpage. Some information has been redacted as this information is exempt from disclosure under Regulation 13(1) of the Environmental Information Regulations 2004 (Personal Data). Devon County Council can confirm the requested information is held; however, the Council cannot disclose personal information, if releasing it would contravene any of the provisions in the UK General Data Protection Regulation. d) Correspondence with:
For this information please see this Devon County Council (DCC) webpage. e) Any consideration of issuing notices under:
This information can be found on this DCC webpage. 6. Road Closure and Traffic Regulation Orders Please provide: a) All Temporary Traffic Regulations Orders (TTROs), notices or emergency closures relating to this road b) Records of extensions or renewals of closures These documents show the TTROs and extensions relating to this road. c) Internal assessments justifying continued closure rather than repair No records of any assessment are held by DCC. d) Any consideration of whether prolonged closure amounts to failure to maintain the highway. This information is held by DCC however it is exempt from disclosure under Regulation 12(5)(b) of the Environmental Information Regulations 2004 (the Course of Justice and Inquiries). The Council has considered the public interest in releasing this information and recognises there is a strong public interest in openness and transparency, however, there is a stronger public interest in safeguarding openness and frankness in all communications between the Council and their legal representatives to ensure access to full and frank legal advice. Therefore, the balance of public interest weighs in favour of withholding this information from disclosure. 7. Decision-Making, Delay and Funding Please provide: a) Internal correspondence (emails, memoranda, reports) discussing:
b) Records of decisions made by:
Please find the requested information on this DCC webpage. Additional information regarding this is held by DCC however information is exempt from disclosure under Regulation 12(5)(b) of the Environmental Information Regulations 2004, Course of Justice and Inquiries. The Council has considered the public interest in releasing this information and recognises there is a strong public interest in openness and transparency, however, there is a stronger public interest in safeguarding openness and frankness in all communications between the Council and their legal representatives to ensure access to full and frank legal advice. Therefore, the balance of public interest weighs in favour of withholding this information from disclosure. Information that is greyed out is exempt from disclosure under Regulation 13(1) of the Environmental Information Regulations 2004 (Personal Data). Devon County Council can confirm the requested information is held; however, the Council cannot disclose personal information, if releasing it would contravene any of the data protection principles set out in the UK GDPR. c). Funding considerations, including:
DCC does not hold this information. 8. Complaints, Reports and Public Representations Please provide: a) Records of complaints or reports from:
b) DCC’s responses to those complaints c) Any escalation or review of those complaints Complaints to the Council’s Customer Relations Team (CRT) can be viewed on this DCC webpage. Information held by DCC Highways department that is relevant to this question can be found in this document. Additionally, questions about this matter have been raised by members of the public at Council meetings, as can be seen from the following documents: (Public Pack)Questions from Members of the Public Agenda Supplement for Council, 05/12/2024 14:15 (Public Pack)Questions from Members of the Council Agenda Supplement for Council, 05/12/2024 14:15 (Public Pack)Questions from Members of the Public Agenda Supplement for Council, 20/02/2025 14:00 The link below shows that a petition of approximately 2,200 signatures was submitted calling on DCC to repair and re-open Warfleet Road as a matter of urgency. (Public Pack)Questions from Members of the Public Agenda Supplement for Council, 24/04/2025 14:00 This document shows the response to the petition. Records from elected members can be seen on this DCC webpage. Information that is greyed out is exempt from disclosure under Regulation 13(1) of the Environmental Information Regulations 2004 (Personal Data). Devon County Council can confirm the requested information is held, however, the Council cannot disclose personal information, if releasing it would contravene any of the data protection principles set out in the UK GDPR. 9. Insurance, Liability and Claims Please provide: a) Any insurance notifications made in relation to the collapse b) Records of claims received or considered In response to questions 9a) and 9b), DCC does not hold this information because it has not received any claims relating to this matter. c) Any liability assessments undertaken This information is exempt from disclosure under Regulation 12(5)(b) of the Environmental Information Regulations 2004, Course of Justice and Inquiries. Devon County Council can confirm the requested information is held. The Council has considered the public interest in releasing this information and recognises there is a strong public interest in openness and transparency, however, there is a stronger public interest in safeguarding openness and frankness in all communications between the Council and their legal representatives to ensure access to full and frank legal advice. Therefore, the balance of public interest weighs in favour of withholding this information from disclosure. 10. Timescales and Records of Inactivity Please provide: a) A timeline of actions taken by DCC from:
b) Any periods where no action was taken, and records explaining why. The information from the DCC’s Local Highways Team can be found on this DCC webpage. Information that is greyed out is exempt from disclosure under Regulation 13(1) of the Environmental Information Regulations 2004 (Personal Data). Devon County Council can confirm the requested information is held; however, the Council cannot disclose personal information, if releasing it would contravene any of the data protection principles set out in the UK GDPR. DCC does not hold any further information relevant to this question. This document is a helpful glossary of abbreviations and acronyms used in the responses to this request. |