Cycle lane papers

The request was partially successful.

Dear Portsmouth City Council,
Under Freedom of Information I would like to see the paperwork which changed the pavement running alongside the Eastern Road between its junction with Tangier Road and the roundabout at the A27 into a Cycle Track using its powers under section 65 of the Highways Act 1980.

Yours faithfully,

Malcolm Smith

FOI, Portsmouth City Council

1 Attachment

 
 

Information Governance, Corporate Services
Civic Offices, Guildhall Square, Portsmouth, PO1 2AL
Telephone:    023 92 834385
                                               

                                                                       
 
Reference: FOI2021/0626
 
Dear Malcolm Smith
 
 
FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST ACKNOWLEDGEMENT
 
Thank you for your request for information received on 24th May 2021.
 
Your request is being considered and, subject to the points made below,
you will receive the information requested as promptly as possible within
the statutory timescale of 20 working days as defined by the Freedom of
Information Act 2000.
 
If we need to obtain more information from you in order to understand what
information you require, we will contact you. If this is the case, the 20
days time limit will not commence until your request has been clarified.
 
The Act defines a number of exemptions that may prevent release of certain
information.  The City Council will consider whether any of these
exemptions apply and, where required by the Act, whether it is in the
public interest to release the information.  If we have to make a public
interest test, the 20 day time limit might be extended. We will inform you
if the time scale has to be extended and if any information is withheld
and of your rights of appeal.
 
The City Council would like to make you aware that disclosure of
information obtained through FOIA is a disclosure into the public domain.
 
The City Council’s standard approach is to provide the information in the
form in which we hold it.  If you require alternative formats, e.g. audio,
large print, etc. or a different language, please let me know and we will
provide it if reasonably practicable to do so. If your request is a
question and we do not hold the answer in recorded form we will try and
provide an answer where we are able unless it requires the creation of new
information.
 
There may be a fee payable for this information request and we will send
you a Fees Notice if this is the case. Any fee must be paid before the
request is provided.  The time between the issue of the Fees Notice and
receipt of payment is excluded from the calculation of the 20 working day
time limit.
 
Any personal information you provide in relation to this request will only
be used for the purposes of processing your request for information.
 
If you have any queries or concerns then please contact the Corporate
Information Governance Officer at Portsmouth City Council, Civic Offices,
Guildhall Square, Portsmouth, Hampshire, PO1 2AL, telephone 023 92
834385, e-mail [1][email address].
 
Yours sincerely
 
 
 
                                                                                               
           
Wendy Burton
FOI Officer
 
 
 

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FOI, Portsmouth City Council

1 Attachment

Information Governance, Corporate Services
Civic Offices, Guildhall Square, Portsmouth, PO1 2AL
Telephone:    023 92 834385
                                               

                                                                       
 
Reference: FOI2021/0626
 
Dear Malcolm Smith,
 
 
FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST RESPONSE
 
Thank you for your request for information received on 24th May 2021,
which was considered under the Freedom of Information Act.
 
In accordance with the Act, I confirm that Portsmouth City Council does
not hold the information you are seeking. 
 
YOUR REQUEST AND OUR RESPONSE
Under Freedom of Information I would like to see the paperwork which
changed the pavement running alongside the Eastern Road between its
junction with Tangier Road and the roundabout at the A27 into a Cycle
Track using its powers under section 65 of the Highways Act 1980.
 
Please be advised that the searches undertaken have not located the
requested information, this is because the path has been shared use for a
number of years and it should be noted that cycle tracks are not a
category of way required to be shown on the definitive map. This means
that they are not subject to the legal processes prescribed for the
creation, diversion and extinguishment of rights of way. As the change
from footpath to shared use path did not require these processes, the
related documents are not held.
 
In accordance with the Re-use of Public Sector Information Regulations
2015, this information may not be re-used without permission from
Portsmouth City Council.
 
You do have the right request an internal review of this outcome or to
complain about our treatment of your request.  If you wish to do so,
please set out in writing your grounds of complaint and send to the
Corporate Information Governance Officer at Portsmouth City Council, Civic
Offices, Guildhall Square, Portsmouth, Hampshire, PO1 2AL, telephone 023
9283 4385, e-mail  [email address].
 
Should you be dissatisfied with the outcome of the complaints decision you
may wish to follow the Portsmouth City Council’s Compliments and
Complaints procedure which can be found on the Portsmouth City Council
website or by contacting the Civic Offices.
 
If you are dissatisfied with the outcome of the internal review or you
have any other concerns, you may wish to contact the Information
Commissioner at:
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
[1]https://ico.org.uk
 
Yours sincerely
 
Sharlotte Hughes
Information Governance Specialist
 
Portsmouth City Council
Civic Offices
Portsmouth
PO1 2BQ
 
T: 023 9288 2659
E: [2][email address]
E: [3][Portsmouth City Council request email]
[4]www.portsmouth.gov.uk
 
 
 
 
 

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Dear Portsmouth City Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Portsmouth City Council's handling of my FOI request 'Cycle lane papers'.

Reference: FOI2021/0626
PCC state that they do not hold documentation required to erect the shared use cycle route (Cycle track) signs to diagram 956 or 957 in the Traffic Signs Regulations and General Directions 2016.

These are legal documents and must be available to give effect to the signs otherwise the signs are unlawfully placed (see the General Direction relating to these signs) and the cycle track would revert back to a pavement.

Please re-check that you do not hold these legal documents

Thank you.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

Malcolm Smith

Malcolm Smith left an annotation ()

The FOI response had this paragraph, "In accordance with the Re-use of Public Sector Information Regulations
2015, this information may not be re-used without permission from
Portsmouth City Council."

Is this a standard attachment to replies?

FOI, Portsmouth City Council

1 Attachment

Information Governance, Corporate Services
Civic Offices, Guildhall Square, Portsmouth, PO1 2AL
Telephone:    023 92 834385
 
 
Reference: FOI/2021/626
 
Dear Malcolm Smith
 
FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST
 
I acknowledge receipt of your e-mail asking for an internal review of the
decision made following your recent request for information.
 
Portsmouth City Council will convene a panel to investigate your original
request and a response will be sent to you within 20 working days of
receipt of your appeal. If it includes a decision that information should
be released to you, the information will be provided to you as soon as
possible.
 
If you are still dissatisfied with the response to your request, you can
apply to the Information Commissioner for a decision on whether your
request has been dealt with in accordance with the requirements of the
Freedom of Information Act. The Commissioner will normally require you to
have gone through our internal review process before he considers your
appeal. If the Commissioner finds in your favour, the Commissioner can
require Portsmouth City Council to release the information to you.
 
The Commissioner can be contacted at the following address:
 
Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
United Kingdom
 
Telephone: 0303 123 1113
[1]www.informationcommissioner.gov.uk
 
If you have any queries or concerns then please contact the Corporate
Information Governance Officer at Portsmouth City Council, Civic Offices,
Guildhall Square, Portsmouth, Hampshire, PO1 2AL, telephone 023 9268 8482,
e-mail [email address].
 
Yours sincerely
 
Wendy Burton
FOI Officer
 

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FOI, Portsmouth City Council

2 Attachments

  • Attachment

    ATT19165 1.jpg

    2K Download

  • Attachment

    R PCC Bus Cycle and Taxi Lanes and Prohibition of Driving except buses taxis and cycles no.17 005.PDF.pdf

    4.4M Download View as HTML

       
 
 
Information Governance,
Corporate Services
Civic Offices, Guildhall Square, Portsmouth, PO1 2AL
Telephone:      023 9268 8482
 
Our Ref: FOI2021/626
 
22 July 2021
 
 
Dear Malcolm Smith
 
FOI INFORMATION REQUEST – Outcome of Internal Review
 
I write to communicate the outcome of the internal review of the response
provided by Portsmouth City Council to your recent request for
information.
 
You asked for:-
 
"…the paperwork which changed the pavement running alongside the Eastern
Road between its junction with Tangier Road and the roundabout at the A27
into a Cycle Track using its powers under section 65 of the Highways Act
1980."
 
The Council originally responded by stating it did not hold this
information.  This response has been reviewed and overturned, as a further
search of our records identified the attached regulation order relating to
the cycle lane.  I apologise on behalf of the council for not providing
this in the first instance.
 
Please note, a small amount of information has been removed from the
document in accordance with Section 40(2) of the Freedom of Information
Act as it is deemed to be personal data.  We do not believe it would be
the reasonable expectation of the data subject for their information to be
disclosed into the public domain and to do so would therefore cause us to
breach the First principle of the Data Protection Act 2018.
 
I trust this now concludes your request, however, if you remain
dissatisfied, you may report your concerns to the Information Commissioner
at the following address:-
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
[1]https://ico.org.uk
 
 
Yours sincerely
 
 
 
Helen Magri
Corporate Information Governance & 
& Data Protection Officer
 
Portsmouth City Council
Civic Offices
Guildhall Square
Portsmouth
PO1 2BQ
 
T:  023 9283 4385
E:  [email address]
E:  [Portsmouth City Council request email]
[2]www.portsmouth.gov.uk
 
 

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Dear FOI,
Thank you for a copy of the PCC consolidated bus and cycle lane Order.

Of course this is not relevant to the conversion of pavements to cycle tracks (not cycle lanes).

The Eastern Road is mentioned once in the Order you provided...Schedule 1 part 4 (1) and there is an error in the description of the length of bus lane.
The description is 'the eastern edge of the southbound carriageway from a point 112 metres north of Farlington roundabout northwards for 18 metres'.
In fact the bus lane extends from a point approximately 31 metres north of the roundabout (depending on the interpretation of the start of the roundabout) northwards for approximately 126 metres (and is split by a junction and a pedestrian crossing facility).

Therefore even the existing document is invalid for the Eastern Road.

Do you have a response?

Yours sincerely,

Malcolm Smith

FOI, Portsmouth City Council

1 Attachment

Information Governance,
Corporate Services
Civic Offices, Guildhall Square, Portsmouth, PO1 2AL
Telephone:      023 9268 8482
 
Our Ref: FOI20210626
 
10 September 2021
 
 
Dear Malcolm Smith
 
FOI INFORMATION REQUEST – Outcome of Internal Review
 
I write to communicate the outcome of the internal review of the response
provided by Portsmouth City Council to you recent request for information.
Please accept my sincere apologies for the delay whilst I fully
investigated this matter.
 
You asked for
 
"…the paperwork which changed the pavement running alongside the Eastern
Road between its junction with Tangier Road and the roundabout at the A27
into a Cycle Track using its powers under section 65 of the Highways Act
1980."
 
The Council responded by stating that it had been unable to locate any
relevant documentation.
 
This response has been reviewed and overturned.
 
Our initial search for information was focused on the team within the
council responsible for transport planning, however, my discussion with a
senior officer in that team- as part of the internal review process -
provided some further insight into the various means of authorising cycle
lanes and tracks.
 
I now understand that cycle tracks, such as the shared pedestrian and
cycle route designated on the pavement along Eastern Road, are different
from cycle lanes on the road that require a Traffic Regulation Order
(TRO). Shared routes such as this have been authorised over the years as
part of wider schemes and by different Council departments, or by
committees such as Planning or Traffic and Transportation.  With this in
mind, I extended my search for information to the Planning Service and
have been able to locate some documents, which I believe are relevant to
your enquiry.  Please see the following links
 
[1]https://democracy.portsmouth.gov.uk/Data...
 
[2]https://publicaccess.portsmouth.gov.uk/o...
 
With regard to the signage along the cycle track, please see the attached
document which mentions the signs that needed to be installed.  Please
note, I have removed the sections of this document that are not relevant
to your request along with any personal data (in accordance with Section
40(2) of the Freedom of Information Act). I have contacted the officer who
originally oversaw this planning application to ask if any further
relevant documents are available and await his reply but wanted to update
you on what I had found in the meantime.  I will let you know the outcome
of my colleague's search as soon as possible.
 
I am sorry we did not locate these documents in the first instance but
wish to assure you of our best intentions. I trust that, once I have
confirmed whether any further planning documents exist, this will conclude
your request, however, if you remain dissatisfied, you may report your
concerns to the Information Commissioner at the following address:-
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
[3]https://ico.org.uk
 
I will contact you again as soon as possible.
 
 
Yours sincerely
 
 
 
 
Helen Magri
Corporate Information Governance Officer.
 
 

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FOI, Portsmouth City Council

2 Attachments

Please see the attached document - with my apologies.
 
Kind regards
 
Helen Magri
Corporate Information Governance & 
& Data Protection Officer
 
Portsmouth City Council
Civic Offices
Guildhall Square
Portsmouth
PO1 2BQ
 
T:  023 9283 4385
E:  [1][email address]
E:  [2][Portsmouth City Council request email]
[3]www.portsmouth.gov.uk
 
 
 
_____________________________________________
From: FOI <[Portsmouth City Council request email]>
Sent: 10 September 2021 15:46
To: Malcolm Smith <[FOI #758116 email]>
Cc: FOI <[Portsmouth City Council request email]>
Subject: FOI2021/626 - Internal review of Freedom of Information request -
Cycle lane papers
 
 
Information Governance,
Corporate Services
Civic Offices, Guildhall Square, Portsmouth, PO1 2AL
Telephone:      023 9268 8482
 
Our Ref: FOI20210626
 
10 September 2021
 
 
Dear Malcolm Smith
 
FOI INFORMATION REQUEST – Outcome of Internal Review
 
I write to communicate the outcome of the internal review of the response
provided by Portsmouth City Council to you recent request for information.
Please accept my sincere apologies for the delay whilst I fully
investigated this matter.
 
You asked for
 
"…the paperwork which changed the pavement running alongside the Eastern
Road between its junction with Tangier Road and the roundabout at the A27
into a Cycle Track using its powers under section 65 of the Highways Act
1980."
 
The Council responded by stating that it had been unable to locate any
relevant documentation.
 
This response has been reviewed and overturned.
 
Our initial search for information was focused on the team within the
council responsible for transport planning, however, my discussion with a
senior officer in that team- as part of the internal review process -
provided some further insight into the various means of authorising cycle
lanes and tracks.
 
I now understand that cycle tracks, such as the shared pedestrian and
cycle route designated on the pavement along Eastern Road, are different
from cycle lanes on the road that require a Traffic Regulation Order
(TRO). Shared routes such as this have been authorised over the years as
part of wider schemes and by different Council departments, or by
committees such as Planning or Traffic and Transportation.  With this in
mind, I extended my search for information to the Planning Service and
have been able to locate some documents, which I believe are relevant to
your enquiry.  Please see the following links
 
[4]https://democracy.portsmouth.gov.uk/Data...
 
[5]https://publicaccess.portsmouth.gov.uk/o...
 
With regard to the signage along the cycle track, please see the attached
document which mentions the signs that needed to be installed.  Please
note, I have removed the sections of this document that are not relevant
to your request along with any personal data (in accordance with Section
40(2) of the Freedom of Information Act).  I have contacted the officer
who originally oversaw this planning application to ask if any further
relevant documents are available and await his reply but wanted to update
you on what I had found in the meantime.  I will let you know the outcome
of my colleague's search as soon as possible.
 
I am sorry we did not locate these documents in the first instance but
wish to assure you of our best intentions. I trust that, once I have
confirmed whether any further planning documents exist, this will conclude
your request, however, if you remain dissatisfied, you may report your
concerns to the Information Commissioner at the following address:-
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
[6]https://ico.org.uk
 
I will contact you again as soon as possible.
 
 
Yours sincerely
 
 
 
 
Helen Magri
Corporate Information Governance Officer.
 
 

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FOI, Portsmouth City Council

4 Attachments

Dear Malcolm Smith
 
Further to my email to you last week, please find attached some further
documents that have been identified by my colleague in the Planning
Service as being relevant to your request. 
 
 
I trust the information we have provided is of assistance to you and that
this now concludes your request to your satisfaction.  I apologise again
that the information was not provided to you in the first instance. 
 
Yours sincerely
 
 
 
Helen Magri
Corporate Information Governance & 
& Data Protection Officer
 
Portsmouth City Council
Civic Offices
Guildhall Square
Portsmouth
PO1 2BQ
 
T:  023 9283 4385
E:  [1][email address]
E:  [2][Portsmouth City Council request email]
[3]www.portsmouth.gov.uk
 
 
 
_____________________________________________
From: FOI <[Portsmouth City Council request email]>
Sent: 10 September 2021 15:46
To: Malcolm Smith <[FOI #758116 email]>
Cc: FOI <[Portsmouth City Council request email]>
Subject: FOI2021/626 - Internal review of Freedom of Information request -
Cycle lane papers
 
 
Information Governance,
Corporate Services
Civic Offices, Guildhall Square, Portsmouth, PO1 2AL
Telephone:      023 9268 8482
 
Our Ref: FOI20210626
 
10 September 2021
 
 
Dear Malcolm Smith
 
FOI INFORMATION REQUEST – Outcome of Internal Review
 
I write to communicate the outcome of the internal review of the response
provided by Portsmouth City Council to you recent request for information.
Please accept my sincere apologies for the delay whilst I fully
investigated this matter.
 
You asked for
 
"…the paperwork which changed the pavement running alongside the Eastern
Road between its junction with Tangier Road and the roundabout at the A27
into a Cycle Track using its powers under section 65 of the Highways Act
1980."
 
The Council responded by stating that it had been unable to locate any
relevant documentation.
 
This response has been reviewed and overturned.
 
Our initial search for information was focused on the team within the
council responsible for transport planning, however, my discussion with a
senior officer in that team- as part of the internal review process -
provided some further insight into the various means of authorising cycle
lanes and tracks.
 
I now understand that cycle tracks, such as the shared pedestrian and
cycle route designated on the pavement along Eastern Road, are different
from cycle lanes on the road that require a Traffic Regulation Order
(TRO). Shared routes such as this have been authorised over the years as
part of wider schemes and by different Council departments, or by
committees such as Planning or Traffic and Transportation.  With this in
mind, I extended my search for information to the Planning Service and
have been able to locate some documents, which I believe are relevant to
your enquiry.  Please see the following links
 
[4]https://democracy.portsmouth.gov.uk/Data...
 
[5]https://publicaccess.portsmouth.gov.uk/o...
 
With regard to the signage along the cycle track, please see the attached
document which mentions the signs that needed to be installed.  Please
note, I have removed the sections of this document that are not relevant
to your request along with any personal data (in accordance with Section
40(2) of the Freedom of Information Act).  I have contacted the officer
who originally oversaw this planning application to ask if any further
relevant documents are available and await his reply but wanted to update
you on what I had found in the meantime.  I will let you know the outcome
of my colleague's search as soon as possible.
 
I am sorry we did not locate these documents in the first instance but
wish to assure you of our best intentions. I trust that, once I have
confirmed whether any further planning documents exist, this will conclude
your request, however, if you remain dissatisfied, you may report your
concerns to the Information Commissioner at the following address:-
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
[6]https://ico.org.uk
 
I will contact you again as soon as possible.
 
 
Yours sincerely
 
 
 
 
Helen Magri
Corporate Information Governance Officer.
 
 

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