FOI request (FOIR-590101633)

Old Roar Gill – Landslip to rear of Foxcote and Penhurst – works carried out in last 10 years

Requested Mon 26 February 2024
Responded Tue 26 March 2024

There has been a significant landslip in Old Roar Gill to the rear of houses in Foxcote and Penhurst Close. The banks of the gill, the footpath, and residents' gardens have been affected.

Residents report that land has been slipping for some time starting on the council owned slopes of Old Roar Gill. They report that there have been repairs made to the footpath and fence on a number of occasions without addressing the erosion problem of the banks.

Residents report that the problem started on the stream side of the footpath fence near the edge of the bridge a number of years ago. The slope and footpath were affected as a result of the progressive erosion of the bank which the council have failed to properly address. Watercourses need to be properly maintained to prevent the erosion of that bank.

Residents report that the council has known about the slippage there for a number of years and has not addressed the problem. The use of treatment to remove the knotweed on that area in the past may also have contributed to the problem by damaging the root and eco system.

Residents report that the bank that has now collapsed had a slip some time back before lockdown and lost much of its mature vegetation. The council came along and undertook some works erecting a new fence and repairing the path. The vegetation had not fully re-established itself. The council, who owns the Gill, did not address the root cause of the previous slip.

Please provide under EIR the following information (in any form including emails, internal, and external correspondence) concerning:

1. Details of all works carried out in the vicinity of the landslip (including the gill, footpath, fence, and slopes) over the last ten years.

2. Details of all site visits and investigations in the vicinity of the landslip (including the gill, footpath, fence, and slopes) over the last ten years.

3. Copies of all reports and documents concerning this area in the vicinity of the landslip (including the gill, footpath, fence, and slopes) over the last ten years.

Response

NOTICE OF REFUSAL

Under the Environmental Information Regulation the information you have requested regarding 'Old Roar Gill - Landslip to rear of Foxcote and Penhurst - works carried out in last 10 years' 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 Law enforcement, investigations and proceedings.

This exception 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) The landslide at Old Road Gill is live and remains ongoing.

b) Protecting information that has been acquired, being assessed and reviewed during the ongoing investigations. If such information if released could prove prejudicial or misleading if released.

c) Allowing officers of the council to fully investigate the cause of the landslide and assist residents during a major incident, without the burden and distraction of requests for information.

d) Internal communication can also refer to correspondence which contains confidential and sensitive information.

e) Consideration of options and the exchange of views within a 'safe space'.

f) Maintaining the confidentiality of discussions in the interest of good governance and the perceived threat and/or risk to candour and boldness in the giving and exchanging of views or advice.