FOI request (FOIR-150804212)

Three reports referred to by the May 2019 Coffey Inspection Report into landslip in Ecclesbourne Glen

Requested Wed 16 October 2019
Responded  Thu 28 November 2019

The July Coffey Inspection report into the landslide in Ecclesbourne Glen (recently provided under EIR) refers to a previous inspection on the 30th November 2017 and to two other reports dated 2016 and 2018. It is unclear what these reports are.

"The aim of the inspection was to identify any signs of change and/or deterioration of the landslide and the adjacent land since the previous inspection on the 30th November 2017.

..... This report should be read in conjunction with the Coffey (2016 and 2018) reports on the site."

https://www.https://www.whatdotheyknow.com/request/600991/response/1446106/attach/html/3/Freedom%20of%20Information%20Request.Reference%20FOIR%20149170528.pdf.html

Please provide the following under EIR:

1. Details of the 30th November Report including title , author, reference numbers.

2. A copy of the 30th November Report

3. Details of the 2016 Report including title , author, reference numbers and date.

4. A copy of the 2016 Report.

5. Details of the 2018 Report including title , author, reference numbers and date.

6. A copy of the 2018 Report.

Response

Please accept my apologies for the slight delay in responding.

1. Inspection for the legal report, Coffey, no reference number provided

2. NOTICE OF REFUSAL

Under Environmental Information Regulations parts of the correspondence that is held by HBC is being refused under Exception 12(5)(b) 'The course of justice and inquiries'.

The course of justice has a wide meaning which includes material covered by Legal Professional Privilege. Legal Professional Privilege (LPP) exists to ensure complete fairness in legal proceedings. LLP protects advice given by a lawyer to a client and confidential communications between them about that advice.

This means that a public authority can refuse to disclose information under these exceptions if in all the circumstances of the case the public interest in maintaining the exception outweighs the public interest in disclosing the information.

Factors for disclosure:

Transparency and accountability

Factors against disclosure:

Maintaining commercial confidences

Correspondence contains confidential legal information

The significance and sensitivity of the information

Maintaining the confidentiality of discussions in the interest of good governance and the perceived threat to candour and boldness in the giving of advise

3. Hastings Borough Council, Ecclesbourne Glen Footpath Diversions, Options Assessment, Coffey, ref: 02255AE

4. Part of this report was provided to you on the 16 October 2018 and part was refused. This case is currently awaiting a decision from the Information Commissioners Office therefore will not be provided.

5. Hastings Footpath Note and Figures, Coffey, ref: there is no reference on the briefing note but listed on the 2 figures is ref: 02255AG

6. This information was supplied to you on the 12 July 2019 ref: FOIR-124239607