Pearson Street Section 278

Roedd y cais yn rhannol lwyddiannus.

Dear Kirklees Borough Council,

[email address]

Please can you send the full extent of the Section 278 Agreement reached by Kirklees and its Development partners on Pearson Street Cleckheaton.

It is of Public Concern that none standard Highways are beingcreated and then considered for re Adoption in sub standard Design state.
That known deficiencies were planned , agreed and authorised inside a Section 278 Agreement by a Govt Body.
These included routing Foot traffic to a private development over an existing 1.6 mtr Footway that sits on Freehold property whilst deliberately failing to build the opposing Footway as specified by the Planning Officer @ 2 mtrs on the opposing side of the Street.
That the Developer was allowed to impose none standard Public Highway and Footway Designs that fail to adhere to Planning Inspector Conditions at the Site. This was done to fit in 2 homes at the expense of Public Highway Space and Standards.

For the avoidance of doubt Kirklees Planning allowed unsafe none standard Highway works inside its Section 278 Agreement. So please further explain how under the 1980 Act Pearson Street can now be adopted with these sub standard designs.

What remedial actions the Council intend to take in the interest of Public Safety at the Trunk Road Junction and resident privacy invasion issues created by the provision of one sub standard Footway into the Development.

Ultimately is the Section 278 Agreement lawful at the site and how does this sub standard agreed design impact Pearson Street adoption ?

Yours faithfully,

G Raisbeck

re

Dear Mr Raisbeck

You emailed Kirklees Council on 10/11/2020 with regards to lighting at Pearson Street which has been forwarded to the Information Governance Team.

If you are wanting to make a Freedom of Information request for the Section 278 Agreement please do so to [email address] email address stating the scope of your request.

Thank you

Regards

Karen Broadbent

Information Governance Assistant

Governance Service

Central Archive

Red Doles Lane

Huddersfield

HD2 1YF

Freedom Info, Kirklees Borough Council

Dear Mr Raisbeck,

 

I confirm receipt of your information request and that we are dealing with
this and will respond to you in due course.

 

The Freedom of Information Act 2000 and Environmental Information
Regulations 2004 allow up to 20 working days for responding to information
requests.

 

If you are not content with the handling of your request, you have the
right to ask for an internal review.  Requests for internal reviews should
be addressed to the Monitoring Officer, 1^st Floor, Civic Centre 3, Market
Street, Huddersfield HD1 2EY.  Alternatively, you can send an email to:
[1][email address]. 

 

Please remember to quote the reference number above in any future
communications.

 

If you are not content with the outcome of any review you have the right
under section 50 of the 2000 Act to apply to the Information Commissioner
for a decision as to whether your request for information has been dealt
with in accordance with the requirements of the Act.  The Information
Commissioner’s website is at [2]www.ico.org.uk and gives more information
about the role and duties of the Commissioner.  The ICO telephone helpline
on 0303 123 1113 or 01625 545745 is available between 9am and 5pm, Monday
to Friday.

 

Regards

 

James Dunn

Information Governance Team

Kirklees Council, Governance Service

Telephone: 01484 221000 (voice activated switchboard – please ask for
Freedom of Information)

 

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the [3]Kirklees Council privacy notice

 

 

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Freedom Info, Kirklees Borough Council

2 Atodiad

Dear Mr Raisbeck

RE: 23168 - Section 278 agreement over Pearson Street, Cleckheaton

I am writing in response to your request dated 24/11/2020. This has been dealt with under the Environmental Information Regulations 2004.

You asked for the following information:-

Please can you send the full extent of the Section 278 Agreement reached by Kirklees and its Development partners on Pearson Street Cleckheaton.

It is of Public Concern that none standard Highways are being created and then considered for re Adoption in sub-standard Design state.
That known deficiencies were planned, agreed and authorised inside a Section 278 Agreement by a Govt Body.
These included routing Foot traffic to a private development over an existing 1.6-meter Footway that sits on Freehold property whilst deliberately failing to build the opposing Footway as specified by the Planning Officer @ 2 meters on the opposing side of the Street.
That the Developer could impose none standard Public Highway and Footway Designs that fail to adhere to Planning Inspector Conditions at the Site. This was done to fit in 2 homes at the expense of Public Highway Space and Standards.

For the avoidance of doubt Kirklees Planning allowed unsafe none standard Highway works inside its Section 278 Agreement. So please further explain how under the 1980 Act Pearson Street can now be adopted with these sub-standard designs.

What remedial actions the Council intend to take in the interest of Public Safety at the Trunk Road Junction and resident privacy invasion issues created by the provision of one sub-standard Footway into the Development.

Ultimately is the Section 278 Agreement lawful at the site and how does this sub-standard agreed design impact Pearson Street adoption?

The Council's response to your specific questions is set out below:

Please see copy of the 278 agreement attached.
Everything else is opinion, conjecture or the request for opinion which is outside the scope of FoI.
I've also attached a refusal notice Regulation 13 under the Environmental Information Regulations Act 2004.

If you are not content with the handling of your request, you have the right to ask for an internal review. Requests for internal reviews should be submitted within 40 working days of the date of receipt of the response to your original request and should be addressed to the Monitoring Officer, 1st Floor, Civic Centre 3, Market Street, Huddersfield HD1 2EY. Alternatively, you can send an email to: [email address]. The Information Commissioner’s offices will be closed for the foreseeable future and they are therefore unable to receive correspondence via post. The ICO can be contacted via their contact page, or by ringing 0303 123 1113.

Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of any review you have the right under section 50 of the 2000 Act to apply to the Information Commissioner for a decision as to whether your request for information has been dealt with in accordance with the requirements of the Act. The Information Commissioner’s website is at www.ico.org.uk and gives more information about the role and duties of the Commissioner. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours sincerely

Karen Broadbent
Information Governance Team
Governance Service
Telephone: 01484 221000 (voice activated switchboard – please ask for Freedom of Information)

For more information about how we deal with your personal data, please see the Kirklees Council privacy notice

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