1) a copy of your policies regarding highways inspection and road safety
A copy of Devon’s Highway Safety Policy is publicly available on this Devon County Council webpage
2) a copy of all highways surveys, condition reports, repair reports, notifications by members of public of defects etc in 2020 and 2021 in respect of the A3124 between Winkleigh Aerodrome and the B3220
The road names from the Aerodrome to the B3220 are the roads from Seckington Cross to Berners Cross; from Winkleigh Moor to Seckington Cross and from Grays Cross to Berners Cross. All roads are carriageway 4 and inspected monthly.
A copy of the Inspection reports can be viewed from this Devon County Council webpage
These documents have been redacted to remove the personal information of third parties and therefore, the Environmental Information Regulation 13(1) (Personal data ) has been applied.
3) a copy of all internal correspondence regarding the reports in (2), including, in particular, of each decision (with its date) to authorise further investigation and/or remedial work
See response to question 2 above.
4) a copy of any contracts between DCC and any of the persons providing the reports in (2) and/or undertaking the works in (3). To the extent you claim any right to redact or withhold these for reasons of commercial confidentiality, the minimum that is required is (i) the identity of the parties; (ii) the schedules or other elements of the documents in which the parties set out the service levels to be delivered; and (iii) the liability provisions between the parties
Devon County Council recognises that there is a public interest in openness and transparency. However, we are not obliged to provide information that has been provided in confidence and / or is the personal information of another person or parties.
In this instance we believe that the release of the contracts would contravene the confidentiality of commercially sensitive information, when protected by law to cover legitimate economic interests (Environmental Information Regulation 12(5)(e)) and personal data (Environment information Regulation 13(1)) and therefore it is for these reasons the Council considers that the balance of public interest weighs in favour of withholding this information from disclosure.
However, by way of assistance we can provide answers to the following;
(i) the identity of the parties
Milestone Infrastructure Services
(ii) the schedules or other elements of the documents in which the parties set out the service levels to be delivered
These are included in the Highway safety inspection policy – see question 1
(iii) the liability provisions between the parties
All claims should be referred to Devon County Council who will determine whether a contractor has liability on a case-by-case basis.
5) details (nature of claim, nature of incident, nature of damage, amount of damages claimed) of any claims for damages against DCC in 2020 and 2021 arising from its duties to maintain the highways in respect of the road identified in (2)
There were no claims during 2020. Details of the 5 claims during 2021 are shown below. There were no claims for the road from Winkleigh Moor to Seckington Cross nor the road from Grays Cross to Berners Cross.
| February 2021 | |||
| Road from Seckington Cross to Berners Cross | |||
| Nature of Claim | Nature of Incident | Nature of Damage | Amount Claimed |
| Tyre damage | Pothole | Damage to 4 tyres | £787.20 |
| Tyre and alloy damage | Pothole | Damage to 2 alloy wheels and tyres | £1,882.98 |
| Tyre damage | Pothole | Tyre damaged | £56.60 |
| Buckled alloy and knocked tracking | Pothole | Wheel alignment, wheel balance, cap & core. 1 alloy wheel | £210.99 |
| Alloy wheels and tyres damaged 23/02/21 | Pothole | Front and rear alloy wheels and tyres damaged | £421.30 |