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Enforceability of THE DOGS EXCLUSION (ISLE OF WIGHT) ORDER 2008 in relation to Ryde beaches
To Isle of Wight Council by Mr. Figg 10 March 2010
Isle of Wight council - Expert Evidence
To Isle of Wight Council by Mr. Figg 7 November 2010
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To Isle of Wight Council by Mr. Figg 12 February 2010
No Bonfires or Barbecues signs
To Isle of Wight Council by Mrs Cook 2 January 2011
Waiting lists for allotments
To Isle of Wight Council by Margaret Campbell 1 January 2011
Fatalities on Ryde Sands
To Isle of Wight Council by Mr. Figg 1 June 2010
Costs of Dog Service vans
To Isle of Wight Council by Mr. Figg 12 October 2009
Fixed Penalty Notices - Dog fouling
To Isle of Wight Council by Mr. Figg 6 September 2009
Applications for Coastal Awards Ryde/Seaview & Sign-age costs
Mr. Figg made this Freedom of Information request to Isle of Wight Council
The request was partially successful.
From: Mr. Figg
22 May 2010
Dear Isle of Wight Council,
In a press release published on the 13/05/2010 the council
announced the following:
"The council did not enter Ryde East for a Blue Flag or QCA this
year because following public consultation, dogs are not banned on
the whole beach. This meant the beach did not meet the necessary
criteria to be entered."
I would like to request all details of applications made for Blue
Flag awards and Quality Coast Awards made in the Ryde/Seaview area
during the past twelve months, along with the dates the
applications were made, the costs involved and also the extent of
the beach area the award would cover. ie the exact locations the
award area would begin and end in relation to the length of the
beaches in question.
I would also like to request all details of expenditure on signs,
stickers amending signs etc, relating to dogs on beaches in the
Ryde/Seaview area during the last twelve month period. Please also
include full details of any orders placed for signs relating to
dogs on beaches in the Ryde/Seaview area, regardless of whether or
not the order were subsequently cancelled, and all details of any
costs incurred along with an indication if a cancelled order
incurred no costs.
Yours faithfully,
Mr. Figg
From: Vrba, Helen
Isle of Wight Council
24 May 2010
Thank you for your information request.
Your request was received by the Isle of Wight Council on 24 May 2010 and
is currently being considered.
As required by law, the Council will respond to you as soon as possible
and no later than 20 working days after the receipt of your request.
Under the Freedom of Information Act 2000, the council is able to charge a
fee where the cost for responding is above the Appropriate Fee Limit as
set out in the Freedom of Information and Data Protection (Appropriate
Limit and Fees) Regulation 2004. The fee limit is set down by the Lord
Chancellor and is £450 which equates to a maximum of 18 hours of search
and retrieval time.
Should your request fall into this category, we will notify you as soon as
possible, to discuss any options available to you.
The Council may also charge you the cost of disbursements, such as
photocopying and postage. Should such costs be incurred in providing you
with the information you have requested, you will be notified of any
charges as soon as is reasonably practicable.
If you have any complaints in respect of your information request, please
write to the Corporate Information Unit at the above address, or complete
the on-line appeals form that can be found at
www.iwight.com/information. If your complaint is not resolved to your
complete satisfaction, you have the ultimate right, once you have
exhausted the internal appeals process, to appeal to the Information
Commissioner.
Yours sincerely
Helen
Departmental Information Guardian
Helen Vrba | Personal Assistant | Leisure Services | Isle of Wight
Council | The Guildhall | Newport | Isle of Wight PO30 1TY
01983-823838 | [1][email address] | [2]www.iwight.com
As part of our commitment to Eco Island, please don't print unless
necessary
Formal RFI
Details: In a press release published on the 13/05/2010 the council
announced the following:
"The council did not enter Ryde East for a Blue Flag or QCA this year
because following public consultation, dogs are not banned on the whole
beach. This meant the beach did not meet the necessary criteria to be
entered."
I would like to request all details of applications made for Blue Flag
awards and Quality Coast Awards made in the Ryde/Seaview area during the
past twelve months, along with the dates the applications were
made, the costs involved and also the extent of the beach area the award
would cover. ie the exact locations the award area would begin and end in
relation to the length of the beaches in question.
I would also like to request all details of expenditure on signs, stickers
amending signs etc, relating to dogs on beaches in the Ryde/Seaview area
during the last twelve month period. Please also include full details of
any orders placed for signs relating to dogs on beaches in the
Ryde/Seaview area, regardless of whether or not the order were
subsequently cancelled, and all details of any costs incurred along with
an indication if a cancelled order incurred no costs.
Yours faithfully,
Mr. Figg
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1. mailto:[email address]
2. http://www.iwight.com/
From: Vrba, Helen
Isle of Wight Council
1 June 2010
Dear Mr Figg
Thank you for your information request which we received on 24 May.
I am writing to advise you that there will be a charge of £16.40 to
supply this information. The charges are made up as follows:-
Copies of all applications for Blue Flag and Quality Coast awards - as
requested in para 2 of your request
If you wish to proceed, please send a cheque for this amount, made payable
to Isle of Wight Council within three months of the date of this letter.
Until payment is made your request will be stayed and no further action
taken. If payment is not received within 3 months of the date of this
letter then a further application will be required.
If you have any complaints in respect of your information request, please
write to the Corporate Information Unit at the above address, or complete
the on-line appeals form that can be found at
www.iwight.com/information. If your complaint is not resolved to your
complete satisfaction, you have the ultimate right, once you have
exhausted the internal appeals process, to appeal to the Information
Commissioner.
I look forward to hearing from you
Helen Vrba
Departmental Information Guardian
Helen Vrba | Personal Assistant | Leisure Services | Isle of Wight
Council | The Guildhall | Newport | Isle of Wight PO30 1TY
01983-823838 | [1][email address] | [2]www.iwight.com
As part of our commitment to Eco Island, please don't print unless
necessary
--------------------------------------------------------------------------
Formal RFI
Details: In a press release published on the 13/05/2010 the council
announced the following:
"The council did not enter Ryde East for a Blue Flag or QCA this year
because following public consultation, dogs are not banned on the whole
beach. This meant the beach did not meet the necessary criteria to be
entered."
I would like to request all details of applications made for Blue Flag
awards and Quality Coast Awards made in the Ryde/Seaview area during the
past twelve months, along with the dates the applications were made,
the costs involved and also the extent of the beach area the award would
cover. ie the exact locations the award area would begin and end in
relation to the length of the beaches in question.
I would also like to request all details of expenditure on signs, stickers
amending signs etc, relating to dogs on beaches in the Ryde/Seaview area
during the last twelve month period. Please also include full details of
any orders placed for signs relating to dogs on beaches in the
Ryde/Seaview area, regardless of whether or not the order were
subsequently cancelled, and all details of any costs incurred along with
an indication if a cancelled order incurred no costs.
Yours faithfully,
Mr. Figg
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1. mailto:[email address]
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From: Mr. Figg
1 June 2010
Dear Vrba, Helen,
I have not requested copies of all applications for Blue Flag and
Quality Coast awards, I have requested all details of applications
made for Blue Flag awards and Quality Coast Awards made in the
Ryde/Seaview area during the past twelve months, along with the
dates the applications were made, the costs involved and also the
extent of the beach area the award would cover. ie the exact
locations the award area would begin and end in relation to the
length of the beaches in question.
I do not require copies of the actual applications, if I had I
would have requested them, I require the details of the information
they contain.
Would you please action my Information Request without further
delay
Yours sincerely,
Mr. Figg
From: Vrba, Helen
Isle of Wight Council
11 June 2010
Dear Mr Figg
FORMAL REQUEST FOR INFORMATION
Further to your request for information, I would respond as follows :
During the past twelve months, the Council has applied for a Quality
Coast, Blue Flag and Water Quality award. The cost relating to these
individual applications is shown below.
+------------------------------------------------------------------------+
| |Quality Coast Award | £400 |
| |---------------------------------+-----------------|
|Ryde |Blue Flag* | £630 |
| |---------------------------------+-----------------|
| |Water Quality | £50 |
|--------------------+---------------------------------+-----------------|
| |Quality Coast Award | £400 |
|Springvale |---------------------------------+-----------------|
| |Water Quality | £50 |
|--------------------+---------------------------------+-----------------|
| |Quality Coast Award | £400 |
|Seagrove |---------------------------------+-----------------|
| |Water Quality | £50 |
|------------------------------------------------------+-----------------|
| Total| £1980 |
+------------------------------------------------------------------------+
* The application for a Blue Flag for Ryde was subsequently withdrawn as
the proposed dog ban was not approved.
All documentation in respect of each beach was submitted in December 2009
(the deadline for 2010 Awards).
The award area differs at each location. For example, Ryde stretches
from the Harbour to Appley Tower, Springvale is the beach from the bottom
of Puckpool Hill to the bottom of Oakhill Road and Seagrove is the
complete bay.
The three triangular signs were purchased in 2008 at a cost of £1365
each. For your information the expenditure for these signs came from
Public Realm Improvement funds and not the department's annual budget.
The Public Realm Improvement budget was a one-off budget allocated for
a range of improvements as part of the council's One Island improvement
programme.
In relation to signs and stickers attributing solely to the dog exclusion
zones, information on costs or cancellation costs by town is not
available. Costs are attributed to the Isle of Wight total only.
Please contact me again if you require any further assistance on this
matter and I will do my best to provide relevant help and advice.
Most of the information that we provide in response to Freedom of
Information Act 2000 requests will be subject to copyright protection. In
most cases the copyright will be owned by the Isle of Wight Council. The
copyright in other information may be owned by another person or
organisation, as indicated on the information itself.
You are free to use any information supplied for your own non-commercial,
research, or private study purposes. The information may also be used for
any other purpose allowed by a limitation, or exception, in copyright law,
such as news reporting. However, any other type of re-use, for example by
publishing the information in analogue or digital form, including on the
internet, will require the permission of the copyright owner.
For information where the copyright is owned by the Council, details of
the conditions on re-use can be found on our website at
[1]www.iwight.com/foi.
For information where the copyright is owned by another person or
organisation you must apply to the copyright owner to obtain their
permission.
If you have any complaints in respect of your information request, please
write to the Corporate Information Unit at the above address, or complete
the on-line appeals form that can be found at
www.iwight.com/information. If your complaint is not resolved to your
complete satisfaction, you have the ultimate right, once you have
exhausted the internal appeals process, to appeal to the Information
Commissioner.
Yours sincerely
Helen Vrba
Department Information Guardian
Helen Vrba | Personal Assistant | Leisure Services | Isle of Wight
Council | The Guildhall | Newport | Isle of Wight PO30 1TY
01983-823838 | [2][email address] | [3]www.iwight.com
As part of our commitment to Eco Island, please don't print unless
necessary
Formal RFI
Details: In a press release published on the 13/05/2010 the council
announced the following:
"The council did not enter Ryde East for a Blue Flag or QCA this year
because following public consultation, dogs are not banned on the whole
beach. This meant the beach did not meet the necessary criteria to be
entered."
I would like to request all details of applications made for Blue Flag
awards and Quality Coast Awards made in the Ryde/Seaview area during the
past twelve months, along with the dates the applications were made,
the costs involved and also the extent of the beach area the award would
cover. ie the exact locations the award area would begin and end in
relation to the length of the beaches in question.
I would also like to request all details of expenditure on signs, stickers
amending signs etc, relating to dogs on beaches in the Ryde/Seaview area
during the last twelve month period. Please also include full details of
any orders placed for signs relating to dogs on beaches in the
Ryde/Seaview area, regardless of whether or not the order were
subsequently cancelled, and all details of any costs incurred along with
an indication if a cancelled order incurred no costs.
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2. mailto:[email address]
3. http://www.iwight.com/
From: Mr. Figg
14 June 2010
Dear Vrba, Helen,
In your reply you have stated that the application for a Blue Flag
for Ryde covered the beach from:
"from the Harbour to Appley Tower" could you please clarify the
exact point at the Harbour. Are you referring to the entrance to
the beach next to the Ryde Harbour masters office of the groyne at
the eastern end of what is locally known as the Harbour beach
opposite the swimming pool.
As I understood that a Blue Flag Award beach could not include a
sewage outlet, and that as the Monkton Mead outlet links to the
sewer system it acts as a sewer overflow.
Also could you please clarify whether the cost of the Blue Flag
application was refunded for Ryde following it being withdrawn. And
whether the Quality Coast Award application for Ryde was also
withdrawn and whether the cost of that application was refunded.
In addition why was a £50 water quality payment made at Springvale?
As according to the Environment Agency website water is not tested
at Springvale for 2010.
Yours sincerely,
Mr. Figg
From: Mr. Figg
15 June 2010
Dear Vrba, Helen,
I am not satisfied with your answer to my request for:
"full details of any orders placed for signs relating to dogs on
beaches in the Ryde/Seaview area,regardless of whether or not the
order were subsequently
cancelled, and all details of any costs incurred along with an
indication if a cancelled order incurred no costs"
To which you have replied:
"In relation to signs and stickers attributing solely to the dog
exclusion zones, information on costs or cancellation costs by town
is not available. Costs are attributed to the Isle of Wight total
only"
You have stated that an application for a Blue Flag award was made
for Ryde at a cost of £630. This application was made regardless of
the beach not meeting the award criteria in relation to dog bans.
The councils clear intention was to introduce a ban for dogs which
would comply with the award criteria, as this proposed amendment to
the Dog Control Orders was put out to public consultation.
As a speculative application was made for a Blue Flag award, in
anticipation of the council being successful in these amendments,
it is a reasonable request as to whether or not an order was also
placed for sign-age in relation to the amended ban area. This would
be available in records held by the council and I am still waiting
for this information as despite making a legitimate request for it
to be supplied you are withholding it
Yours sincerely,
Mr. Figg
From: Mr. Figg
29 June 2010
Dear Isle of Wight Council,
Please pass this on to the person who conducts Freedom of
Information reviews.
I am writing to request an internal review of Isle of Wight
Council's handling of my FOI request 'Applications for Coastal
Awards Ryde/Seaview & Sign-age costs'.
You have failed to supply the information I have requested, I have
given you further opportunity to supply that information to which
you have not responded within a reasonable time. I therefore have
no alternative other than to request a review in a final attempt to
settle this matter at local level.
A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/ap...
Yours faithfully,
Mr. Figg
From: Freedom of Information
Isle of Wight Council
29 June 2010
Dear Mr Figg
Thank you for your recent email.
Your above referenced request is currently being dealt with, and a reply will be sent to you in due course.
I am sorry for the delay in the reply being sent, but the officer dealing with the request has had to contact colleagues to try and identify relevant information to ensure an accurate reply.
If, upon receipt of the response, you remain dissatisfied, please contact me again, and I shall arrange an internal review.
Yours sincerely
Vanda Niemiec (Miss) | Information Manager | Legal Services | Isle of Wight Council | County Hall | Newport | Isle of Wight | PO30 1UD
Tel: (01983) 823803 | Internal: 3803
Email: [email address] | Web: www.iwight.com
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From: Mr. Figg
29 June 2010
Dear Freedom of Information,
You are required to answer my request promptly, the 20 day period
is as I understand it a legal requirement, not an option at the
Isle of Wight councils discretion.
I made the request on 22 May it is now 29 June. The Isle of Wight
council have had ample opportunity to supply the information and
have failed to do so. I have taken the trouble to offer a further
opportunity, yet that wasn't even acknowledged by the council.
I have requested a review of how my request has been handled, as is
my right, therefore I wish for the Isle of Wight council to carry
out that review without further delay please.
Yours sincerely,
Mr. Figg
From: Freedom of Information
Isle of Wight Council
30 June 2010
Dear Mr Figg
You request for information relating to Beach blue flags was responded to on 11 June 2010, well within the statutory timescale.
On the 14th and 15th June, you contacted the council to request clarification on some of the details provided in the initial reply. These requests for clarification are currently being dealt with by the service, and a reply will be sent in due course.
Yours sincerely
Vanda Niemiec (Miss) | Information Manager | Legal Services | Isle of Wight Council | County Hall | Newport | Isle of Wight | PO30 1UD
Tel: (01983) 823803 | Internal: 3803
Email: [email address] | Web: www.iwight.com
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From: Mr. Figg
30 June 2010
Dear Freedom of Information,
Your response may have been within the statutory timescale but that
is a time scale for you to supply the information requested, which
you have not done. Hence my request for a review.
If you are refusing that request for a review will you please state
as such without further delay.
Yours sincerely,
Mr. Figg
From: Vrba, Helen
Isle of Wight Council
7 July 2010
Dear Mr Figg
My reply is set out below following the relevant paragraphs.
Yours sincerely
Helen Vrba | Personal Assistant & Departmental Information Guardian|
Leisure Services | Isle of Wight Council | The Guildhall | Newport | Isle
of Wight PO30 1TY
01983-823838 | [email address] | www.iwight.com
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necessary
show quoted sections
From: Freedom of Information
Isle of Wight Council
8 July 2010
Dear Mr Figg
Details of your internal appeal have been logged onto the council's system under the above reference number. I understand that your complaint relates to the timescale of 20 working days being exceeded, with regards to ref. iw10/7/13039.
Your appeal will be considered in accordance with council policy.
If, upon completion of the internal appeal, you remain dissatisfied with the way in which your request has been handled, you have the right of further appeal to the Information Commissioners Office.
Yours sincerely
Vanda Niemiec (Miss) | Information Manager | Legal Services | Isle of Wight Council | County Hall | Newport | Isle of Wight | PO30 1UD
Tel: (01983) 823803 | Internal: 3803
Email: [email address] | Web: www.iwight.com
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From: Mr. Figg
12 July 2010
Dear Vrba, Helen,
The grounds of my request for a review were not only pertaining to
the Isle of Wight council exceeding the time-scale, it was also
concerning the withholding of information requested.
I specifically requested:
"full details of any orders placed for signs relating to dogs on
beaches in the Ryde/Seaview area, regardless of whether or not the
order were subsequently cancelled, and all details of any costs
incurred along with an
indication if a cancelled order incurred no costs"
The only answer I have received is:
"No cancellations made were at any cost to the Local Authority"
I have not had a full answer as you have not stated whether a
cancellation was made which related to no cost to the Authority.
Furthermore your response contains a statement which, although
entirly irrelevant to my FOI Request, inaccurately states:
"Monkton Mead is storm water overflow and not a sewerage outlet.
For your
information the Water Quality reached the guideline standard for
2009."
Monkton Mead is not storm water overflow it is a brook, it is a
naturally occurring waterway. The sewer artificially links to the
man made outflow and in times of adverse weather (Storms etc) the
sewer discharges into the Monkton Mead outflow, therefore it is a
sewerage outlet.
Yours sincerely,
Mr. Figg
From: Niemiec, Vanda
Isle of Wight Council
13 July 2010
Dear Mr Figg
Further to my email dated 8 July, I note that you contacted Helen Vrba on 12 July to indicate that your complaint also relates to information being withheld.
In particular, you refer to your request for "full details of any orders placed for signs relating to dogs on beaches in the Ryde/Seaview area, regardless of whether or not the order were subsequently cancelled, and all details of any costs incurred along with an indication if a cancelled order incurred no costs". And the only answer you have received is
"No cancellations made were at any cost to the Local Authority".
This matter will be considered as part of the internal review, and further checks of our records will be undertaken to determine whether any information is held, that is relevant to this part of your request.
Yours sincerely
Vanda Niemiec (Miss) | Information Manager | Legal Services | Isle of Wight Council | County Hall | Newport | Isle of Wight | PO30 1UD
Tel: (01983) 823803 | Internal: 3803
Email: [email address] | Web: www.iwight.com
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From: Niemiec, Vanda
Isle of Wight Council
19 July 2010
Dear Mr Figg
Please find attached a reply to your above referenced FOI appeal.
Yours sincerely
Vanda Niemiec (Miss) | Information Manager | Legal Services | Isle of Wight Council | County Hall | Newport | Isle of Wight | PO30 1UD
Tel: (01983) 823803 | Internal: 3803
Email: [email address] | Web: www.iwight.com
As part of our commitment to Eco Island please don't print unless necessary
show quoted sections
Mr. Figg left an annotation (27 July 2010)
Although I am of the opinion that the Isle of Wight council have not complied fully with this request, as the document put before the Cabinet for consideration stated there was a provision of £2,000 set aside for the signage for the changes to the Dog Control Orders.
The councils intention all along had been to extend the ban area at Ryde. However the Cabinet member who was to take the delegated decision was not willing to sign it due to the overwhelming local opposition. Therefore the council put it to the full Cabinet who in turn rejected the intended proposal at a meeting on the 13th April, only 18 days before the bans came into operation.
I simply do not consider it to be viable that the council were awaiting the outcome of this meeting prior to ordering the signage, or that they expected the signs to be manufactured, delivered and installed in the intervening 18 days. As in the past this process has taken months.
However I do not consider that putting this matter to the Information Commissioner would be likely to obtain any further information.
The wightdogs.com website is linking to this request http://www.wightdogs.com/latestrequests....
FINANCIAL / BUDGET IMPLICATIONS
20. The introduction of the revised Order will require the Council to provide new signs
throughout parts of the Island, amend some of the old signs and to update some of the
existing signs. There is a provision of £2,000 for this signage within the Dog Service
budget. http://www.iwight.com/council/committees...
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
Mr. Figg left an annotation (22 May 2010)
http://www.wightdogs.com/latestrequests....
Link to this