1. Please provide full information about the Scheme submitted by Devon County Council to central government to rebuild the A379 that was washed away in winter storms.
A scheme has not yet been formally submitted to Department for Transport. A submission is in the process of being prepared, therefore this information is not held by the Council.
2. Please include all Scheme documents.
– Include details of the central government funding programme the Scheme has applied to. Include details of the Devon County Council governance process the Scheme went through. Include all emails, documented phone calls and Chats that occurred during the development of the Scheme and that have occurred since the Scheme was submitted until today.
The details of the potential funding programme are already publicly available via the following link.
Please see the correspondence in this combined document.
Some of the information in the document has been redacted. This information is excepted 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.
Some information has also be redacted as it is excepted from disclosure under Regulation 12(5)(e) of the Environmental Information Regulations 2004 (Confidentiality of Commercial or Industrial Information).
The withheld information comprises detailed rate and pricing information contained within tender submissions for major works. This information is commercially sensitive as it reflects the pricing structures and methodologies of the contractors involved. Disclosure would be likely to prejudice the commercial interests of those third parties by revealing information that could be used by competitors in future procurement exercises, undermining fair competition.
Disclosure would be likely to prejudice the Council’s own commercial position. The Council engages in regular procurement for similar works, and releasing detailed rate information would be likely to weaken its ability to secure best value in future tenders, as suppliers could adjust their pricing strategies accordingly.
The Council considers that the rate information was provided in circumstances giving rise to an expectation of confidentiality, and that there is a legitimate economic interest in maintaining that confidentiality.
The Council recognises the general public interest in transparency and accountability in relation to public expenditure and infrastructure projects, including enabling public scrutiny of how public funds are used.
However, this must be balanced against the public interest in protecting commercially sensitive information where disclosure would prejudice fair competition and the Council’s ability to obtain value for money. There is a strong public interest in ensuring that the Council can conduct effective procurement exercises and achieve the most economically advantageous outcomes.
Therefore, the balance of public interest weighs in favour of withholding this information from disclosure.