Please provide copies of all correspondence between Devon County Council and aggregate companies between 1 January 2020 and 31 December 2021 concerning the Devon sand and gravel landbank, and concerning Devon reserves of sand and gravel. The records of these communications to include copies of all letters, faxes and emails exchanged, and the notes taken at any face to face meetings , as well as during or after all audio and audio video conversations either by telephone or via the Internet, both between aggregate companies and Devon County Council officers, and between Devon County Council officers.
Communications between Devon County Council (DCC) and aggregate companies between 1 January 2020 and 31 December 2021 occurred in order for the collection of aggregate data to take place. This collection is known as a Local Aggregate Assessment (LAA) which serves a number of functions, these being:
- Monitoring aggregates provision and likely future demand
- Supporting evidence for preparation or review of Minerals Local Plans
- Identifying a LAA figure for calculation of landbanks
The resulting LAA which interprets the data provided is published on the DCC website:
https://www.devon.gov.uk/planning/planning-policies/minerals-and-waste-policy/
The National Planning Policy Framework requires that mineral planning authorities should plan for a steady and adequate supply of minerals based on a 10 year rolling average of 10 year sales. Individual quarry companies supply data which includes annual sales and this feeds into DCC policy work.
Devon County Council can confirm that it does hold this correspondence but it is confidential correspondence concerning the economic and commercial interests of the parties involved. This correspondence is therefore exempt from disclosure pursuant to Regulation 12 (5) (e) of the Environmental Information Regulations 2004 relating to the exception from disclosure to information which is considered commercial or industrial information. We consider that disclosure of this correspondence would likely affect the legitimate economic interests of the companies concerned. We have consulted with interested parties in order to reach this conclusion.
Whilst we acknowledge the need for transparency, it is not in the public interest for Devon County Council to breach any commercial confidentiality and to prejudice future discussions with quarry providers or other companies who will have an expectation of confidentiality. Further we consider that the public interest test does not outweigh the economic interest in that the provision of this data serves as a policy making tool, which would be at risk if future Local Aggregate Assessments were not completed as a result of disclosure. Aggregate companies are not obligated to provide this information and the withdrawal of their participation could hamper future policy work.