NetworkRaiI

Network Rail
Freedom of Information

The Quadrant
Elder Gate
Milton Keynes

MKS 1EN

01908 782405


18'h April 2018

Information request
Reference number: 

Thank you for your email of 19'h March 2018, in which you requested the following
information:

In line with your recommendations, I have narrowed the request as follows:

1. Could you provide a list of all 263 viaducts on your database.

2. Could you provide a list of all viaducts that have had pointing carried
out between January 2016 and December 2017. Please exclude the Tay
Bridge from this list.

3. Could you provide a copy of the bat survey reports for the viaducts that
have had pointing carried out between January 2016 and December
2017. Please exclude the Ta Bridge from this list.

I have processed your request under the Environmental Information Regulations
2004 (Ele) as the information requested is environmental according to the definition
in regulation 2 of the Ele (section 39 of the Freedom of Information Act 2000 (FOIA)
exempts environmental information from the FOIA, but requires us to consider it
under the EIRs).
I can confirm that we hold some of the information you requested.

1. Could you provide a list of all 263 viaducts on your database.

Please see attached spreadsheet that lists all 263 viaducts in our asset database.

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2. Could you provide a list of all viaducts that have had pointing carried
out between January 2016 and December 2017. Please exclude the Tay
Bridge from this list.
Please see attached spreadsheet to identify those that had pointing repairs
undertaken between 01/01/2016 and 31/12/2017.
3. Could you provide a copy of the bat survey reports for the viaducts that
have had pointing carried out between January 2016 and December
2017. Please exclude the Tay Bridge from this list.
Under Regulation 12(5)(g) a public authority may refuse to disclose information:
‘to the extent that its disclosure would adversely affect the protection of the
environment to which the information relates.’
The Information Commissioner’s guidance on this exception explains that:
“…there may be situations when disclosing the information
would actually have an adverse effect on the environment. The
Directive says that a request may be refused if disclosure would
adversely affect “the protection of the environment to which such
information relates, such as the location of rare species” (Article
4(2)(h)). So if, for example, a public authority holds information about
the breeding site of a rare bird species and disclosing the location of
the site would expose the site to interference or damage, then the
exception may be relevant because disclosure could adversely affect
the protection of the environment.”1
We consider that this example is very relevant in the present case.
The ICO’s guidance further explains that:
‘To refuse a request for environmental information under the
exception in regulation 12(5)(g), public authorities will need to
establish:
• that the information in question relates to the aspect of the environment that is
being protected;
• how and to what extent the protection of the environment would be affected…
In this instance we believe that the information in question meets each of these
criteria because this type of information by its very nature discusses the presence
1

https://ico.org.uk/media/fororganisations/documents/1630/eir_guidance_protection_of_the_environment_regulation.pdf

Network Rail Infrastructure Limited Registered Office: Network Rail, 2nd Floor, One Eversholt Street, London, NW1 2DN Registered in England and Wales No. 2904587 www.networkrail.co.uk

 or absence of protected species. Ultimately, it would be difficult to release any of
this kind of information into the public domain because of the potential harm that
could result to the environment and the protected species.
This exception is subject to the public interest test and in order to determine where
the public interest lies we have considered the arguments for and against
disclosure and set out our findings below.
Factors in favour of disclosure
There is a general presumption in favour of public authorities providing information
since greater transparency leads to greater accountability. This increased
accountability provides greater understanding of our actions and the way in which
we allocate public resources and undertake environmental impact assessments as
part of our works.
Factors against disclosure
The purpose of the EIRs is to assist in “the protection of the right of every person
of present and future generations to live in an environment adequate to his or her
health and well-being.” It is our considered view that providing requested
information of this type would be likely to put the environment, and protected
species in general, at increased risk and, in consequence, to do so would run
contrary to the purposes of the EIR.
To conclude, information relating to the presence or absence of protected species
has a specific sensitivity which requires us to carefully consider the impact if it were
disclosed. In our view disclosure would be likely to lead to an increased risk of
disturbance and potential harm therefore we have reached the conclusion that the
public interest lies in us withholding the requested information.
Nothing in this letter should be taken as indicating the existence or otherwise of
protected species at the location in question. I realise that this part of the response
does not enable us to inform you about the presence or otherwise of bats in our
structures and what actions we take to ensure they are not disturbed, however,
when dealing with such requests until the EIR we must be mindful that any
disclosure would be a disclosure to the wider public and not just to the individual
making the request. Because of this, we must consider the harm that could result
from this wider public disclosure.
If you have any enquiries about this response, please contact me in the first instance
at FOI@networkrail.co.uk or on 01908 782405. Details of your appeal rights are
below.

Network Rail Infrastructure Limited Registered Office: Network Rail, 2nd Floor, One Eversholt Street, London, NW1 2DN Registered in England and Wales No. 2904587 www.networkrail.co.uk

 Please remember to quote the reference number at the top of this letter in all future
communications.
Yours sincerely
Robert Malcolm
Information Officer
The information supplied to you continues to be protected by copyright. You are free
to use it for your own purposes, including for private study and non-commercial
research, and for any other purpose authorised by an exception in current copyright
law. Documents (except photographs) can also be used in the UK without requiring
permission for the purposes of news reporting. Any other re-use, for example
commercial publication, would require the permission of the copyright holder. Please
contact me if you wish to re-use the information and need to seek the permission of
the copyright holder.

Appeal Rights
If you are unhappy with the way your request has been handled and wish to make a
complaint or request a review of our decision, please write to the FOI Compliance
and Appeals Manager at Network Rail, Freedom of Information, The Quadrant,
Elder Gate, Milton Keynes, MK9 1EN, or by email at foi@networkrail.co.uk. Your
request must be submitted within 40 working days of receipt of this letter.
If you are not content with the outcome of the internal review, you have the right to
apply directly to the Information Commissioner for a decision. The Information
Commissioner can be contacted at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

Network Rail Infrastructure Limited Registered Office: Network Rail, 2nd Floor, One Eversholt Street, London, NW1 2DN Registered in England and Wales No. 2904587 www.networkrail.co.uk