FOI request (FOIR-172849946)

LNR - Draft byelaws all correspondence/reports with NE and DEFRA

Requested Thu 06 February 2020
Responded Mon 23 March 2020

The draft byelaws for our Local Nature Reserves were subject to public consultation from December 2014 until the end of February 2015.

Following consultation the council sent the draft byelaws to Natural England for comment and then to the Secretary of State for Environment Food and Rural Affairs.

The draft byelaws were approved by Cabinet on the 03/02/2020 and are due for decision by full council on the 12/02/2020.

1. Please provide me with copies of all correspondence with Natural England concerning the draft byelaws.

2. Please provide me with all documents sent to and received from Natural England concerning the draft byelaws.

3. Please provide me with copies of all correspondence with the Secretary of State for Environment Food and Rural Affairs concerning the draft byelaws.

4. Please provide me with all documents sent to and received from the Secretary of State for Environment Food and Rural Affairs concerning the draft byelaws.

Response

Please accept my apologies for the delay in responding.

Please find attached byelaws that were sent to DEFRA.

In respect of all other correspondence, this is being refused under the exceptions stated below:

NOTICE OF REFUSAL - Exception 12(5)(d)

Under Environmental Information Regulations the information requested is exempt under Exception 12(5)(d) Confidentiality of proceedings (Confidentiality of the proceedings of that or any other public authority where such confidentiality is provided by law).

We have considered the following:

If disclosing the information would adversely affect the confidentiality of a public authority's proceeding where confidentiality arises from common law.

The information will form part of the business of proceedings to reach a decision.

Exception 12(5)(d) is subject to a public interest test. 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:

a. Transparency and accountability.

Factors against disclosure:

a. Protecting the information, confidential business of proceedings between another authority.

b. The release of this information would prejudice the Council's position.

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

The public interest in maintaining the exception outweighs the public interest in disclosing the information.

NOTICE OF REFUSAL

Under Environmental Information Regulations the information requested is also being refused exempt under Exception 12(4)(d) 'Information in the course of completion, unfinished documents and incomplete data'.

Exception 12(4)(d) is subject to a public interest test. 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:

a. Transparency and accountability.

Factors against disclosure:

a. An authority will argue that it needs 'safe space' in which to do discuss material away from public scrutiny and that disclosing this material would harm that safe space.

b. Should the information be disclosed it would give a misleading or inaccurate impression.

c. The byelaws in question went out for public consultation at the time.

d. The finished documents have been published and in the public domain.

The public interest in maintaining the exception outweighs the public interest in disclosing the information.

Attachments

• FOIR-172849946_FOIR-172849946_1-Summerfields_Wood_Proposed_bylaws.Nov.2014.pdf
• FOIR-172849946_FOIR-172849946_2-Churchwood_and_Robsack_Proposed_bylaws_Nov_2014.pdf
• FOIR-172849946_FOIR-172849946_4-HCP_Proposed_bylaws.November_2014.pdf
• FOIR-172849946_FOIR-172849946_3-Filsham_Reed_Beds_proposed_bylaws._Nov_2014.pdf
• FOIR-172849946_FOIR-172849946_6-Old_Roar_Gill_Proposed_bylaws._Nov_2014.pdf
• FOIR-172849946_FOIR-172849946_7-Marline_Valley_Proposed_bylaws.Nov._2014.pdf
• FOIR-172849946_FOIR-172849946_5-St_Helens_Wood_Proposed_bylaws._Nov_2014.pdf
• FOIR-172849946_FOIR-172849946_1-Summerfields_Wood_Proposed_bylaws.Nov.2014.pdf
• FOIR-172849946_FOIR-172849946_2-Churchwood_and_Robsack_Proposed_bylaws_Nov_2014.pdf
• FOIR-172849946_FOIR-172849946_4-HCP_Proposed_bylaws.November_2014.pdf
• FOIR-172849946_FOIR-172849946_3-Filsham_Reed_Beds_proposed_bylaws._Nov_2014.pdf
• FOIR-172849946_FOIR-172849946_6-Old_Roar_Gill_Proposed_bylaws._Nov_2014.pdf
• FOIR-172849946_FOIR-172849946_7-Marline_Valley_Proposed_bylaws.Nov._2014.pdf
• FOIR-172849946_FOIR-172849946_5-St_Helens_Wood_Proposed_bylaws._Nov_2014.pdf