Request ID: FOI-2190-2324 Date published: 17 October 2023
You asked
Ah yes, I've had this copy and paste response before which, as I understand it, is TFL's official stance on the matter of vibrations in order to avoid having to compensate anyone when their vehicles cause damage to roads or buildings. The truth is that The Building Research Establishment is clearly wrong or out-of-date. Although, to be honest, based on my previous correspondence with your team I suspect that it doesn't exist at all. Or if it does was in all probability funded by TFL making it invalid due to an obvious conflict of interest.You have to ask yourself the following questions (and that's you personally, not what TFL have instructed you to say)...1. Do vibrations cause damage to buildings? The answer, of course, is yes. In fact there's an entire industry of machines and tools that use vibrations to break things. And there have been a number of cases where resonant vibrations have destroyed entire bridges and other structures.2. Do your buses cause vibrations? Yes. Anyone who's ever stood at a pedestrian crossing next to an idling bus would say so. And the vibrations only get worse if they're bouncing through potholes at high speeds (potholes which they have also caused by the way).It sounds like you're denying both of these facts?Can you tell me if this so-called research specifically looked into heavy, modern, poorly-maintained buses clattering through potholes? That would be a fairly simple question to answer if the research does indeed exist.You're also suggesting the cracks above our front bay windows (as pictured in the photo) are a figment of our imagination? They weren't there before the bus route change. Then the 384 buses started using our road, caused potholes, started bouncing through the potholes which led to vibrations (that you can feel whenever the buses speed passed), and then the cracks appeared. A fairly obvious case of cause and effect. Are you also denying that fundamental scientific principle?It's not particularly scientific to ignore new evidence and claim that all previous "research" is final, is it? I'm presenting you with irrefutable anecdotal and photographic evidence which proves TFL's official stance (and their so-called research) is wrong, and you're going to completely ignore it?But regardless, I'd like to see this so-called research by The Building Research Establishment. I've been told about "research" on a number of occasions (and it's always called something different, by the way, or has been produced by a different company or department -- I don't think you've ever mentioned the same piece of research more than once!) and every time I've requested to see it your colleagues have repeatedly failed to deliver. All they were able to provide me with once was a report from 1997 called "TRL Report 235 Traffic Calming: Vehicle Generated Ground-Borne Vibration Alongside Speed Control Cushions and Road Humps" (I can send you a copy if you like). It was hopelessly out of date and completely irrelevant to this case because it specifically looked at speed humps. It also freely admitted that their findings were inconclusive.So, I eagerly anticipate an answer to all of the questions I've asked in this email.I also look forward to receiving a copy of the research for me to read. If you can't provide it then I'll take that as proof that it doesn't exist and seek legal advice on what the best coarse of action is regarding compensation to repair my home.regards,
We answered
TfL Ref: EIR-2190-2324
Thank you for your request of 14th September 2023 asking for information about vibrations from buses.
Your request has been considered in accordance with the requirements of the Environmental Information Regulations (EIR) and our information access policy.
Specifically you asked:
“I'd like to see this so-called research by The Building Research Establishment. I've been told about "research" on a number of occasions (and it's always called something different, by the way, or has been produced by a different company or department -- I don't think you've ever mentioned the same piece of research more than once!) and every time I've requested to see it your colleagues have repeatedly failed to deliver. All they were able to provide me with once was a report from 1997 called "TRL Report 235 Traffic Calming: Vehicle Generated Ground-Borne Vibration Alongside Speed Control Cushions and Road Humps" (I can send you a copy if you like).”
I can confirm that we hold the information you require.
The research in question is “Digest 403, Damage to structures from ground-borne vibration” produced by the Building Research Establishment, Published in 1995. See the following link for more information:
While TfL holds a copy of the research, the licence conditions under which we hold it precludes us from sharing the document externally. The information is therefore excepted from disclosure under Regulation 12(5)(e) of the EIR, which applies to “commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest”. In this instance both the British Research Establishment (BRE) and TfL would face a commercial prejudice if the information were to be released. As you can see from the link above, the BRE sell copies of the research and therefore would lose revenue if free copies were issued. Further, if TfL were to release a copy that would be a breach of the licence conditions under which it is held, opening us open to a legal challenge and the costs that involves.
The use of this exception is subject to an assessment of the ‘public interest test’ to determine whether the greater public interest lies in withholding the information or in releasing it in any event. We recognise the need for openness and transparency and openness in the running of our business, and the fact that you have requested the information is in itself an argument in favour of release. However, as referenced above, TfL is duty bound by licence conditions not to release the information, and to do so would not only be a breach of those conditions but would also entail financial losses to both the BRE and TfL if legal action were taken against us. Therefore, in this instance we feel that the balance lies in favour of withholding the information. This is particularly the case given that anybody can purchase the research directly from the BRE via the above link should they wish to obtain a copy.
Please see the attached information sheet for details of your right to appeal.
Yours sincerely,
David Wells FOI Case Officer FOI Case Management Team General Counsel Transport for London
