The Kirton Drainage Works - Find a freedom of information request

I hereby request the following information under the Freedom of Information Act (FOI) 2000 and Environmental Information Regulations (EIR) 2004 came into force on 1 January 2005 in respect to the Kirton Drainage Works done during the 2022 calendar year in the centre of Kirton by Lincolnshire County Council Highways, Flood and Drainage.

1. All documents given to LCC Executive, Highways/Drainage committee, and subcommittees and working groups by LCC officers or outside consultants and Advisers.

2. Tender documents from all bidders.

3. Submission by the winning contractor, and contractor awarded the project.

4. Contract and specifications, particularly timescales.                                                                                                                                                                         
5. Detail of all pre-contract discussions/reports, including subcontractors.

6. All public communications eg media releases and letters to residents.

7. All progress reports from contractor to LCC.

8. Any documents relating to delays.

9. Any compensation claims for delays, any variations of contract and subsequent responses.

10. Details of all stage payments, compensation and deductions.

11. Details of the final cost of the project.
 

Thank you for your request for information received on the 23rd December. Lincolnshire County Council (the Council/we) confirm that we hold information in scope of your request.

Section 39 of the Freedom of Information Act (FOIA) allows the Council to refuse a request under FOIA where it is considered Environmental Information.

Therefore, we are responding in accordance with the Environmental Information Regulations (EIR). Our consideration is that the information requested under EIR is in accordance with Regulation 2(1) (a) & (c) of the EIR. Regulation 2 of EIR states that in (1) these regulations 'environmental information' means any information in written, visual, aural, electronic or other material form concerning (a) Air and Atmosphere, Water, Soil, Land, Landscape, Natural Sites, Wetlands, Coastal, Marine areas and including (c) measures such as policies, legislation, plans, programmes, environmental agreements and any activity affecting any of the above in (a).

You have requested information regarding the Kirton Drainage Works during the 2022 calendar year in the centre of Kirton by Lincolnshire County Council Highways, Flood and Drainage.

Please find our response below which includes an explanation of any information that we have exempt from disclosure.

1. No documents, specifically relating to the drainage works undertaken in Kirton, were given to LCC Executive or relevant scrutiny committees or subcommittees. The works at Kirton formed part of a wider Development Fund allocation. This wider programme of work was reported upon at the February 2022 meeting of Flood and Water Scrutiny Committee, the agenda pack and minutes of which can be found via the following link https://lincolnshire.moderngov.co.uk/ieListDocuments.aspx?CId=581&MId=6164&Ver=4

2. We have determined this information is exempt in accordance with Regulation 12(5)(e) EIR. This concerns the affect on the confidentiality of commercial or industrial information. Please see our explanation below

3. The appointed Contractor is J.N Bentley. We have determined this information is exempt in accordance with Regulation 12(5)(e) EIR. This concerns the affect on the confidentiality of commercial or industrial information. Please see our explanation below.

4.The design was in accordance with DMRB Specifications and let on a Bill of Quantities. Our proposed timescale was a 12 week program however the Contractor proposed a 9 week program. We have determined this information is exempt in accordance with Regulation 12(5)(e) EIR. This concerns the affect on the confidentiality of commercial or industrial information. Please see our explanation below

5. Please see attached the pre award meeting minutes

6. Please see attached; Q6PublicComms

7. Please see attached; Q7ProgressReports. We have determined that some information is exempt in accordance with Regulation 12(5)(e) EIR. This concerns the affect on the confidentiality of commercial or industrial information and also Regulation 13, personal data. Please see our explanation below.

8. Please refer to above in Q7ProgressReports. We did hold discussions regarding delays as part of our progress reviews, however we have determined this information is exempt in accordance with Regulation 12(5)(e) EIR. This concerns the affect on the confidentiality of commercial or industrial information. Please see our explanation below

9. We have determined this information is exempt in accordance with Regulation 12(5)(e) EIR. This concerns the effect on the confidentiality of commercial or industrial information. Please see our explanation below

10. We have determined this information is exempt in accordance with Regulation 12(5)(e) EIR. This concerns the effect on the confidentiality of commercial or industrial information. Please see our explanation below

11. Lincolnshire County Council does not hold this information as the final cost of the project has yet to be determined and therefore not recorded.

Regulation 12(5)(e) – Information if disclosed would affect the Confidentiality of Commercial or Industrial information.

You have requested information about contract specifications, compensation costs and other associated information related to the contract.

We realise that this information when provided through FOIA/EIR is available to the world at large and not just an individual and we also recognise the importance of protecting our appointed contractor's confidentiality, especially where it may prejudice their commercial activity.

There are several points for consideration when deciding whether we should disclose this information.

The information is commercial or industrial in nature, confidentiality will be adversely affected by disclosure, confidentiality is required to protect the legitimate economic interest of a person and confidentiality is provided by law.

Please note that where this exception refers to 'person', the word person is not restricted to an individual and also includes companies.

Should you require the attachments mentioned above please contact customerinformationservice@lincolnshire.gov.uk with the below reference number and these can be provided.