Surplus land held by National Highways
Case reference EIR2024/00159
Received 27 May 2024
Published 6 September 2024
Request
Response
I can confirm that we hold some of the information you have requested.
Information Withheld
The information has been withheld under Regulation 12(4)(b) which applies to requests which we find to be 'manifestly unreasonable'. In this case this is due to the excessive cost of providing the information which you have requested.
We have interpreted your request for 'surplus' land to be a reference to assets that have completed our internal governance, Crichel Down Rules and related processes to be formally declared surplus, the steps required in order to bring a property forward for disposal.
We have an active sales programme through which assets are brought forward for governance and related processes, subject to which they are brought to the market for disposal.
Across the teams we are actively working on governance, surplus declarations and Crichel Down for over 300 assets which will be brought forward for sale over the next couple of years, subject to space in the programmes.
Although we have now established that some of the information you have requested is held, a significant volume of work is still required to complete our enquiries.
ICO guidance on the reasonable cost of compliance under the Freedom of Information Act (FOI) sets the limit for central government at 24 hours of staff time (£600) and at 18 hours of staff time (£450) for all other public authorities. The ICO advises that, under the Environmental Information Regulations the FOI cost of compliance limit may be referred to when considering whether a request may be "manifestly unreasonable" and represent a "disproportionate burden" on the public authority.
National Highways is a public authority and not a central government department however we use the upper limit of staff time when considering the cost of compliance under EIR. For the reasons articulated above, we believe that the exception at Regulation 12(4)(b) applies, and we are refusing your request on this basis.
Public Interest Test
The application of this EIR exception to our EIR obligations is dependent on the results of a Public Interest test (PIT). Conducting a PIT involves weighing up the public interest arguments for and against disclosure of the information requested. A copy of the PIT is attached.
Advice and Assistance
You are welcome to submit a new request for a narrower category of information.
If you were to reduce the scope of your request, for example by limiting it to reports and assessments regarding a specific asset, it may be that we could comply with that request without Regulation 12(4)(b) being engaged, although we cannot guarantee that will be the case.
You may find it helpful to know that all National Highways' assets that have been formally declared surplus are recorded on the Government Property Finder ( https://www.gov.uk/find-government-property).
If you are interested in a particular asset please email us at info@nationalhighways.co.uk and we will put you in contact with our agents if the asset is already on the market. Alternatively, with your consent, your details can be retained so that you are contacted once the asset is brought to the market.
You may also wish to ask for our assistance in reducing the costs of your request by reply to this email.
Documents
This is National Highways' response to a freedom of information (FOI) or environmental information regulations (EIR) request.
You can browse our other responses or make a new FOI request.