Bel Royal cycle track changes (FOI)

Request

The Infrastructure, Housing, and Environment Department ('IHE') carried out a public survey into proposed changes to the cycle track at Bel Royal in mid 2021. It has now been announced that the works will go ahead in a format which is, as far as I can see, identical to the original proposals.

The Government has published its own guidelines and Code of Practice on public consultations which can be viewed here

Public consultations and stakeholder engagement (gov.je)

I am trying to understand just how much weight the public consultation had on the final decision so can I please have the following information in relation to the Bel Royal cycle track improvements :

A

Details of the consultation responses - contrary to Governments own Code of Practice on consultations these do not seem to have been published as at 30 November 2021 despite the public announcement today that the work was going ahead

B

Notes of meetings between IHE staff and / or Deputy Kevin Lewis between 1 July 2021 and 29 November 2021 where the notes contain the words 'Bel Royal'

C

Copies of emails between IHE staff and / or Deputy Kevin Lewis containing the worlds 'Bel Royal' between 1 July 2021 and 29 November 2021

D

I have not seen any costings for the proposals - please let me know the estimated cost of the project

E

Please advise of any changes to the original proposals which were made as a result of the consultation responses

Response

The work to improve the Victoria Avenue Promenade Cycle Path at Bel Royal is in the planning and feasibility stage and therefore it is not known whether the scheme will obtain permission to go ahead in the layout currently publicised, or indeed at all.

A

Following on from the public consultation, summary responses are included with the planning application documentation for P/2021/1681.  The planning register is located on www.gov.je using the link Planning application search results (gov.je)

Individual responses, redacted where necessary, will be published within 12 weeks of the date of this request and are therefore exempt under Article 36 of the Freedom of Information (Jersey) Law 2011 (information intended for future publication).

B

There are no Ministerial Meeting notes that reference the Bel Royal cycle path alterations between the dates specified. Deputy Lewis has been briefed as part of the wider Sustainable Transport Policy delivery plan. The information is therefore not held as per Article 3 of the Freedom of Information (Jersey) Law 2011.

C

All relevant email correspondence obtained using the search term 'Bel Royal' has been reviewed, redacted according to Article 25 of the Freedom of Information (Jersey) Law 2011 (personal information), and is now attached below. The many items outside the scope of this request include references to Bel Royal school, local properties and roads in the Bel Royal area. These have not been released as they are unrelated to this consultation. 

 Email 1

 Email 2

 Email 3

 Bel Royal Cycle Route Improvement Design and Access Statement

 Bel Royal Masterplan

D

The Bel Royal alterations are part of an ongoing programme of work being undertaken between St Helier and St Aubin, to improve the cycle path. The estimated budget for this part of the scheme has been set at £500,000 and is subject to obtaining planning approval and approval of allocation of budgets once feasibility work has been completed.

E

There was an overwhelmingly positive public consultation response therefore it was felt that no changes were needed to be made to the scheme before submitting the planning application.

Articles applied

Article 3 - Meaning of "information held by a public authority"

For the purposes of this Law, information is held by a public authority if –

(a) it is held by the authority, otherwise than on behalf of another person; or

(b) it is held by another person on behalf of the authority.

Article 25 - Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2018.

(2) Information is absolutely exempt information if – (a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2018; and (b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law. 

(3) In determining for the purposes of this Article whether the lawfulness principle in Article 8(1)(a) of the Data Protection (Jersey) Law 2018 would be contravened by the disclosure of information, paragraph 5(1) of Schedule 2 to that Law (legitimate interests) is to be read as if sub-paragraph (b) (which disapplies the provision where the controller is a public authority) were omitted.

Article 36 - Information intended for future publication

(1) Information is qualified exempt information if, at the time when the request for the information is made, the information is being held by a public authority with a view to its being published within 12 weeks of the date of the request.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant –

a) of the date when the information will be published;

b) of the manner in which it will be published; and

c) by whom it will be published.

Article 36 is a qualified exemption requiring a public interest test. 

In the interest of transparency and accountability the results could be released, however in their current format this would breach data protection laws as the department needs time to review the responses and apply redactions where necessary. 

Therefore, we consider that it is in the public’s interest for the exemption to be applied at this time and the redacted responses published on www.gov.je within 12 weeks of the date of your request, or sooner if we are able.