Traffic Management Plan (TMP) - Sidmouth FolkWeek, Salcombe Hill campsite 2014 / 2015. Freedom of Information request to Devon County Council - December 2013 to March 2014.
This webpage consists of email exchanges with Devon County Council (DCC) over the period 21 December 2013 to 28 March 2014 - a period of over three months to deal with a simple Freedom of Information (FoI) request.
DCC have refused to release a copy of the draft Traffic Management Plan (TMP) submitted by John Radford of JREvents on behalf of FolkWeek in late 2013. This was in support of the proposal to utilise the new Salcombe Hill campsite in Sidmouth.
Redacted correspondence between John Radford and DCC was supplied by DCC under FoI and is on this link (add pdf link here).
The draft TMP was used by an East Devon District Council
(EDDC) Licensing sub-committee as supporting evidence to approve use of the proposed
campsite - despite that DCC are not a statutory consultee in the process. Arguably this
illustrates an inadequate process - the public safety implications of any large event, and
especially one utilising narrow and potentially dangerous roads, should require that
traffic considerations are an integral part of the licensing procedure. If they are not
considered at an early stage it may be more difficult to refuse approval for the event at
a later stage once it has 'developed a head of steam' with local businesses and
councillors, for example.
Of interest primarily is not any incompetence of FolkWeek (who appeared never to have had
a serious intention to use the Salcombe Hill camp site in 2014) but the incompetence and
dereliction of duty of Devon County Council in 'approving' a Traffic Management Plan
without having properly considered key aspects of public safety on the public highway.
DCC make the point that they 'approved' only a draft version of the TMP and (as of
March 2014) admit that it had errors and failings - which is (in part) why they have so
far refused to release a copy under FoI.
If they were on top of their jobs, DCC would surely have realised these failings as soon
as they saw the draft TMP - there are obvious problems in using Salcombe Hill and the
narrow roads around Salcombe Regis for an event the size of FolkWeek. Difficulties were
discussed on the mudcat forum very shortly after the proposal to use the camp site became
public knowledge. It would appear however that the traffic aspects may have been
inadequately addressed by John Radford of JREvents - an arguably serious failing given
that traffic and pedestrian flows to and from the proposed site are the key issues that
may determine its overall viability.
Devon County Council appear to have failed in a Duty of Care: they appear to have failed
specifically to appreciate the impacts on road safety of large numbers of pedestrians and
buses using a dangerous narrow unlit road, in the dark and possibly in adverse weather
conditions and despite that anyone with knowledge of the area could have done this inside
half an hour! The draft TMP may fail to address these matters adequately (if at all) and
may centre upon a proposed temporary one-way system around Salcombe Regis village - but we
shall not know until (if ever) we see it!
Correspondence is given in chronological order (earliest first). For the latest
instalment, scroll to the bottom of the page and click on the PDF link in the final letter
from DCC dated 28 March 2014. In this, DCC hint they may be prepared to release
the draft TMP at a later date.
21 Dec 2013
To: Customer Service Centre General - Mailbox From: steve wozniak
Subject: Sidmouth FolkWeek - traffic management plan Traffic management - Sidmouth Folk
Week - Salcombe Hill Sidmouth.
I have been looking on your website (and I cannot find) for a copy of the traffic
management plan recently submitted by Sidmouth FolkWeek (and approved by DCC apparently)
in respect of their proposed new campsite at the top of Salcombe Hill Sidmouth for early
August 2014. I wish to see a copy of this, preferably sent to me as a pdf file. The
proposed relocation of the campsite is causing some discussion in Sidmouth (and in the
folk community) because people who know Salcombe Hill well consider it too dangerous to be
used as a primary access route for caravans etc and for large numbers of pedestrians and
vehicles at night-time.
I wish to see exactly what the festival have proposed and you have apparently approved.
The matter was discussed at a 10 December meeting of the Licensing Committee of EDDC - see
the following link. http://www.eastdevon.gov.uk/101213lscagendacombined.pdf
Subject: RE: Sidmouth FolkWeek - traffic management plan From: csc.roads@devon.gov.uk
Dear Dr Wozniak
Thank you for your correspondence regarding Sidmouth Folk Week Traffic Management Plan.
This has been recorded on our Customer Service System with reference number 13636516 and
passed for investigation and action as deemed necessary. Where a response is necessary we
aim to reply to your email within 10 working days.
It may take us longer to reply to your enquiry if we are exceptionally busy, for example
during periods of severe weather, or if there are other emergency issues in the County.
Thank you for bringing this matter to our attention and taking the time to contact us.
Yours sincerely
Charlotte Leigh
Devon Highways
31 Dec 2013
To: Customer Service Centre Roads & Transport Team - Mailbox Subject: RE: Sidmouth
FolkWeek - traffic management plan.
Who is dealing with this please?
Dr S J Wozniak
Sidmouth
31 Dec 2013
Subject: RE: Sidmouth FolkWeek - traffic management plan
From: csc.roads@devon.gov.uk CC: csc.roads@devon.gov.uk
Dear Dr Wozniak
Thanks again for your correspondence. At present, this is with our neighbourhood highway
technician Amanda Pitchford who is investigating this at present.
Stated in the previous email, there could potentially be around 10 working days from the
time that you first contacted us for a member of the highways team to get back in contact
due to either busy workloads or in this case, the Christmas break.
There will be correspondence from us but I am unable to provide an accurate date as to
when this will be.
Many Thanks
Luke Phillips
Devon Highways
9 Jan 2014
From: stevewozniak42@hotmail.com To: csc.roads@devon.gov.uk
Subject: RE: Sidmouth FolkWeek - traffic management plan
I have tried twice to contact Amanda Pitchford including this afternoon.
Please let me know progress on this item - it is now 20 days since I first enquired.
Dr S J Wozniak
15 Jan 2014
From: stevewozniak42@hotmail.com To: csc.roads@devon.gov.uk
I spoke this morning (15 January) to Paul Downes who says he is Amanda Pitchford's line
manager. He can find no record of this request in the 'neighbourhood box' - and says he
cannot access other material on 'major events' to determine what has happened to this
enquiry.
Can you now tell me when the document will be produced and if it would be quicker to
progress a request via the Information Commissioners office under Freedom of Information
legislation? For this I would need the reference numbers etc of the document concerned and
where in DCC it is held, so it should be easier for you to simply send me a copy?
Please confirm procedures for complaining about the inadequate response so far. If
personnel are off sick (Amanda Pitchford has apparently had an operation recently) other
staff should surely be able to access and deal with their workload and in a timely manner.
This does not seem to be happening.
16 Jan 2014 Subject: SIDMOUTH FOLK
FESTIVAL From: paul.wilson@devon.gov.uk
Dear Dr Wozniak
SIDMOUTH FOLK FESTIVAL - TRAFFIC MANAGEMENT PLAN
I have just been forwarded your email messages regarding your request for a copy of the
Traffic Management Plan for the proposed new location for the Sidmouth Folk Festival. I
gather you have spoken with Paul Downes in our Eastern Neighbourhood Office and he has
explained the reason for the delay in responding to you.
Unfortunately, it is not possible for me to send you a copy of the Traffic Management Plan
for this event as this document is copyright to JR Event Services Ltd and therefore all
requests for copies should be directed to the organisers of the Folk Festival. It would be
totally inappropriate for me to send you a copy of a document which, as yet, is not in the
public domain.
I regret that I am unable to assist you with this request.
Your sincerely,
Paul Wilson, Senior Highway Event Adviser
Highway and Traffic Management
16 January 2014
From: steve wozniak
To: Paul Wilson Subject: RE: SIDMOUTH FOLK FESTIVAL: traffic management Mr Wilson:
Thank you for your email. I am documenting the local concern that has surrounded the
proposed move. It has many advantages and some clear disadvantages as regards safety of
attendees and residents and within the overall remit of public safety. I have attempted to
summarise these here: http://seered.co.uk/folk219.htm
I discussed with Mr Downes that I could ask for a copy of this document via FoI given that
it is a material document to a licensing application that is in the public domain
notwithstanding that DCC is not apparently a statutory consultee within the EDDC process.
This I consider to be not in the public interest.
Therefore may I put forward a formal FoI request for a copy of this document AND copies of
all correspondence between DCC and EDDC and between DCC and FolkWeek (JR Services)
pertaining to the proposed new site. Please let me know if I need to direct this to anyone
else of if you can do it via copy email to your colleagues.
Further discussion of the proposed move (from the perspective of folk festival attendees)
is available on the internet. Additionally, an article from 3 January and follow up letter
from the Sidmouth Herald (10 Jan) are here, if you wish to read them: http://seered.co.uk/folk221.htm and the
following page http://seered.co.uk/folk222.htm
Please let me know as soon as possible re the formal FoI requests and I will then write to
the Information Commissioner as appropriate. Please provide a list of the correspondence
that is available, as detailed above, and which of these documents you refuse to release
at the present time.
Dr S J Wozniak
22 Jan 2014
Dear Dr Wozniak
Information Request: 04707
I received your request on 17 January 2014 for information which may be held by Devon
County Council.
Your request will be dealt with under the Environmental Information Regulations 2004. You
are entitled under these regulations to be informed whether or not the information you
have requested is held by Devon County Council and if so to be given access to that
information within 20 working days (subject to any exceptions).
You should expect to receive a response to your request by 13 February 2014.
Yours sincerely
Rebecca Eden
Information Governance Support Officer Devon County Council
Customer Relations and Information Governance
5 Feb 2014
Dear Dr Wozniak
Information Request 04707
I write further to your request for information under the Freedom of Information Act 2000
received on 16 January 2013.
In reply to your enquiry please find Devon County Council's response attached.
I hope this information is of assistance to you.
Yours sincerely
Sarah da Silva
Information Governance Officer
Customer Relations and Information Governance
5 Feb 2014
From: steve wozniak To: Sarah da Silva, Information Governance Officer
You state in your reply (the attachment):
Please also find an email from the Council acknowledging receipt of the first draft of the
Traffic Management Plan.
If you have received this first draft (email 23 Nov 2013 refers) this is the document I
was requesting as it was the one presumably used by DCC to 'approve' the event, such
'approval by DCC' being noted by the EDDC licensing sub-committee that met on 10 December
2014.
Why therefore has a copy of this draft not been provided to me?
Dr. Stephen J Wozniak.
Sidmouth.
12 Feb 2014
Can I complain please about the lack of response to your email dated 5 February?
How is this being progressed?
Thank you.
Dr. Stephen J Wozniak.
Sidmouth.
17 Feb 2014 (with two attachments)
Please find attached our acknowledgement to the complaint you sent via the Freedom of
Information Mailbox on 12 February 2014.
Yours sincerely
Lorna Raymonthole Customer Relations and Information Governance
Devon County Council Room 120, County Hall, Topsham Road, Exeter EX2 4QD
0808 168 3750 or internal extn: 3000
17 Feb 2014
Subject: UNCLASSIFIED: FOI Compliant - CS903864 - FOI Ref: 04707
From: freedomofinformationoffice-mailbox@devon.gov.uk
Dear Mr Wozniak,
I am writing with regard to your complaint to Devon County Council dated 05/02/2014
concerning the Council’s response to your Freedom of Information Request (Ref 04707).
Please note that this matter has been passed to me to investigate in accordance with the
Council’s Customer Feedback Policy.
Having now reviewed your email of 5th February and your subsequent email of 12th February
2014, I note you have made the following points of complaint:
1) That Devon County Council has failed to disclose the Traffic Management Plan concerning
Sidmouth Folk Festival (5th February 2014) pursuant to your Freedom of Information Request
dated 16th January 2014
2) That Devon County Council failed to acknowledge your email of 5th February 2014.
With regard to the second point of your complaint, I note that the Council did not
acknowledge your email of 5th February 2014 until 17th February 2014. On behalf of the
Council I offer you my apologies for this failing. However please let me assure you that I
will now be investigating the matter of the Traffic Management Plan with the relevant
service. I will endeavour to provide you with a response to this component of your
complaint as soon as possible, but incidentally by no later than the 7th March 2014.
If you have any questions concerning your complaint or if you wish to raise any additional
matters with me, please don’t hesitate to contact me as I will be happy to address
these with you in more detail. Thank you for bringing these matters to the attention of
the Council. I will be in touch with you shortly concerning these matters.
Yours sincerely,
Martin Lawrence
Senior Information Governance Officer
Customer Relations & Information Governance
17 Feb 2014
To: Freedom of Information Office - Mailbox
Dear Mr Lawrence,
I have noted the contents of your email. For ten years I have summarised issues relating
to Sidmouth FolkWeek. http://seered.co.uk/top_of_folk_festival.htm
I have also summarised the record of DCC in other aspects of traffic management around
Sidmouth, see links below.
The important matters at the present time include the adequacy of any traffic management
plan as 'approved' by DCC on or shortly before 10 December 2013. Also the amount of staff
time and public money that are routinely devoted to providing various excuses and delays
in respect of releasing information from government bodies.
The delay 5 to 17 February is of little importance. The relevant issues of 'public safety'
are summarised here: http://seered.co.uk/folk223.htm
It has since become clear that there was probably no intention to move the campsite in
2014 - http://seered.co.uk/folk224.htm
Nevertheless, the EDDC licensing sub-committee meeting on 10 December 2013 were told that
DCC considered, in effect, that arrangements were or could be guaranteed to be
satisfactory. DCC has an implicit remit to include public safety in all of its decisions,
and in advice it gives, by way of duty of care.
Many people who attend this festival are interested to know how it is proposed safely to
deal with traffic and pedestrian conflicts along the roads in question. If, as we suspect,
this cannot readily be achieved, then arguably DCC should not have 'approved' a draft and
perhaps obviously inadequate traffic management plan.
Dr S J Wozniak
6 Mar 2014 Complaint Reference CS903864 (emphasis added)
From: freedomofinformationoffice-mailbox@devon.gov.uk
I write further to you email dated 12 February 2014, regarding the council’s response
to your Freedom of Information (FOI) request, for a copy of the Traffic Management Plan
(TMP) for the Sidmouth Folk Festival. I note that in the Council’s response to you,
it informed you that it did not hold a copy of the final TMP and referred you to the
creator of that document, JR Event Services Ltd. However, the response did allude to the
fact that the council had received a copy of a “first draft” version but did not
provide a copy of this to you.
I understand from your recent email to our office, that it was in fact the first draft of
the TMP that you wanted a copy of, and you would like to know why you were not provided
this. I have discussed this matter with the staff involved in preparing the response to
your FOI request, and can confirm that they had interpreted your email as requesting a
copy of the ‘final’ TMP and not any draft versions, which was why the first
draft was not considered for disclosure at that time.
Before I address the issue of releasing the draft version of the TMP to you, I would like
to apologise that a procedural error had occurred when processing your original request,
in that it was considered under the wrong legislation. Your request was handled under the
Freedom of Information Act 2000 instead of the Environmental Information Regulations 2005
(EIR). Although this error was not of particular relevance when responding to your initial
request, because the council did not hold the information it believed you were requesting,
it is important for us to put right when considering your request for a copy of the
“draft” TMP.
Having considered the EIR I regret to inform you that the council is unable to provide you
with a copy of the draft TMP at this time. The information you have requested is
considered to exempt from disclosure by virtue of an exception listed in Regulation
12(4)(d) of the EIR (the request relates to material which is still in the course of
completion, to unfinished documents or to incomplete data). As required under the EIR, I
have considered the public interest in releasing or withholding the information you have
requested.
Whilst there is a public interest in openness and transparency, the council considers that
there is a greater public interest in maintaining the exception at this time. There are
two main reasons for this:
1. Disclosure is not anticipated to substantially assist public debate in the current
plans for the Sidmouth Folk festival, as the first version of the
TMP contains some information which is now considered to be out of date, misleading or
incorrect and is in the course of being revised.
2. A final version of the TMP is currently being developed, which will be made public
around September 2014.
It is anticipated that early disclosure of the information contained in this version or
the first version could cause prejudice to current negotiations with
third parties during the course of developing the final TMP.
I am sorry that the council is unable to assist you at this time in providing you with a
copy of the draft first version of the TMP, but is pleased to inform you that you can
request a copy of the final document when it is released later this year from JR Events
Ltd.
I hope this information is of assistance to you, however, if you remain dissatisfied with
how the council has responded to your original request, you are entitled to ask for your
complaint to be escalated to Stage 2 in our Corporate Feedback Process, for a further
review.
Should you wish to do so, please email customer.relations@devon.gov.uk
or write to Customer Relations Team, County Hall, Room 120, Topsham Road, Exeter, EX2 4QD.
Yours sincerely,
Martin Lawrence
Senior Information Governance Officer
Customer Relations & Information Governance
06 March 2014
From: steve wozniak
To: Freedom of Information Office RE: UNCLASSIFIED: Complaint Reference CS903864
I requested the document originally under FoI and I consider there is merit in pursuing
this. Please therefore reconsider and give me your final view under FoI before I approach
the Information Commissioners Office.
If the document is as you state "still in the course of completion,.... incomplete
data" why was it considered good enough to tell EDDC that DCC was satisfied with the
TMP for the festival this year?
It is surely in the public interest to see this properly discussed?
7 March 2014
Dear Dr Wozniak
Thank you for your email relating to your FOI complaint.
I am sorry to learn from colleagues working in the Freedom of Information Team that you
remain dissatisfied with the response provided to your stage 1 complaint, and I am sorry
that you consider matters have not been resolved to your satisfaction.
I have briefly discussed your complaint with Martin Lawrence and agreed that a further
review should be provided, focussing on the issues you raise in your message.
A member of the Customer Relations Team will be leading on this review considering it at
stage 2 of the Corporate Customer Feedback Procedure.
Yours sincerely
Sally Richardson
Senior Customer Relations Officer
Customer Relations and Information Governance
Devon County Council Room 120, County Hall, Topsham Road, Exeter EX2 4QD
0808 168 3750 or internal extn: 3000 Customer.relations@devon.gov.uk
24 March 2014
FAO SALLY RICHARDSON.
It is now over two weeks since your email of 7 March. The purported 'further review'
should have taken no longer than 10 minutes.
What is DCC's target time for the so-called Stage 2 'reviews' of transparently simple
cases?
When may I expect to hear your final decision so I may approach the Information
Commissioners Office, having exhausted your tedious 'procedures'?
May I remind you my initial request was 3 months ago.
How do you justify DCC's failure to deal promptly with this case?
Dr Stephen J Wozniak
Sidmouth
25 March 2014
Dear Dr Wozniak
Your complaint is being investigated in line with the timescales published in the County
Council's Customer Feedback Procedure, a copy of which was made available in my email
dated 7 March.
I am currently working on providing you with a response as requested and envisage that
this will be available by the end of this week – you suggest that this should take no
longer than 10 minutes; this is not the case, in order to provide you with a thorough and
accurate response I am having to interview officers who made decisions concerning your
request (and subsequent complaint) and ensure that explanations surrounding service
decisions meet the criteria set by FOIA and EIR.
If I am not able to provide you with a full response, I will offer you a partial
response/update you on progress so far and offer an alternative date when the review will
be completed.
Yours sincerely
Sally Richardson
Senior Customer Relations Officer
Customer Relations and Information Governance
28 March 2014
Dear Dr Wozniak
Please find attached the Council's response to your complaint above.
(This is a lengthy and well
written document by Sally Richardson - it is reproduced on this link as a pdf).
Links referred to within the response can be found here:
Regulation 2.1 of
the EIR - http://www.legislation.gov.uk/uksi/2004/3391/regulation/2/made
What
is Environmental Information -
Norwich
County Council 29/11/2010 [FS50305901] -
Material
in the course of completion, unfinished documents and incomplete data -
Yours sincerely
Sally Richardson
Senior Customer Relations Officer
Customer Relations and Information Governance
The next stage of this process will be to submit a request to the Information Commissioners Office to override the decision made by Devon County Council.