The B1173 footway. - Find a freedom of information request

Request

I now request a copy of the Authority's forward plan / program that includes for replacement/ remedial works planned for the B1173 footway.

My FOI request relates to the section of footway along the B1173 leading into Spalding that has been closed by Lincolnshire County Council. It is close to Burr Lane, Spalding.

Decision

I can confirm that the information requested is held by Lincolnshire County Council.

Lincolnshire County Council have determined that the information you are seeking disclosure of is “environmental” information as it relates to information on "the state of the elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural sites including wetlands, coastal and marine areas, biological diversity and its components, including genetically modified organisms, and the interaction among these elements" and "factors, such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases into the environment, affecting or likely to affect the elements of the environment…" under Regulation 2(1)(a) and (b) of the Environmental Information Regulations 2004 (EIR) and "measures (including administrative measures), such as policies, legislation, plans, programmes, environmental agreements, and activities affecting or likely to affect the elements and factors referred to in 2(1)(a) and(b), as well as measures or activities designed to protect those elements" under Regulation 2(1)(c). The information requested is therefore exempt from disclosure under section 39 of the Freedom of Information Act 2000 (FOIA) as it relates to environmental information.

Requests for environmental information must be considered for disclosure under the terms of the EIR, rather than the FOIA and we have therefore considered your request under the EIR.

Whilst the Council completely understands the frustrations about the closure of this part of the footway on Cowbit Road, the Council has closed it off to keep the public safe as it is subsiding into the bank and needs major structural works to repair it.

There is no temporary traffic regulation order on the closure as this is not necessary for a footway adjacent to a carriageway.

Currently, Lincolnshire County Council have no plans to repair or reopen the footway on Cowbit Road as the cost is high and Lincolnshire County Council does not have the funds to carry this out, especially when the Council have other priorities across the county with higher volumes of usage.

The footway is signed and guarded to keep the public safe and away from the damaged footway. 

Reference number
FOI 4210817
Date request received
24/05/22
Date of decision
27/06/22