Velo South - Temporary Traffic Regulation Order

Matt Alsbury-Morris made this Freedom of Information request to West Sussex County Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Gwrthodwyd y cais gan West Sussex County Council.

Matt Alsbury-Morris

Dear West Sussex County Council,

Please provide any & all correspondence between West Sussex County Council and the organisers of Velo South related to the Temporary Traffic Regulation Order for 23rd September 2018.

Please advise whether this TTRO has been;
1) applied for
2) granted
3) details of any right of appeal the public have, including process to take this action.

Please provide details of the consultation process that has been undertaken to understand public impact for the private, for profit, event.

Yours faithfully,

Matt Alsbury-Morris
Resident of Plaistow, West Sussex.

Freedom of Information Act,

Dear Mr Alsbury-Morris,

Thank you for your enquiry, which has been forwarded to the appropriate officers for a response. The usual timescale for a response is twenty working days, that is by or on 21st June.

If for any reason the Council needs to extend this timescale you will be notified in accordance with the relevant legislation.

Please note that in 2012 the County Council adopted a position in principle that FoI and EIR requests to West Sussex County Council and the Council's responses may be published on the Council's website in a suitably anonymised form. This is in addition to the individual response to the requestor, and in line with the Council's commitment to transparency and open data.

Yours sincerely,

Kerry Rickman

Kerry Rickman, Freedom Of Information, Communities Directorate | West Sussex County Council | Location: County Hall, Chichester PO19 1RQ | E-mail: [email address]

dangos adrannau a ddyfynnir

CI Group FOI,

 

 

 

 

Reference: Confirm no 327514 / FormBuilder ref 1070133

 

Dear Mr Alsbury-Morris

 

I refer to your request dated 25/5/2018, which has been dealt with under
the FIOA.

 

Your request related to TTRO for Velo South.

 

We have now completed a search for the information which you requested and
confirm that this Authority holds some data relevant to your request.

I am now able to respond to you with the following:

 

Please advise whether this TTRO has been;

1) applied for Yes

2) granted in principal but not confirmed

3) details of any right of appeal the public have, including process to
take this action.

Legally a TTRO can be made restricting or prohibiting traffic on a road to
facilitate the holding of an event, to enable members of the public to
watch an event or reduce disruption to traffic likely to be caused by an
event.

The procedural regulations for the TTRO require that intention to make the
legal Order is formally advertised by way of a statutory notice published
28 days before the event takes place. This is a noticing procedure rather
than a consultation and a subsequent statutory notice will be published
confirming the proposed Order has been made.

There is potential to legally challenge the lawfulness of the Order by way
of an application for Judicial review on the grounds of  illegality,
irrationality or procedural impropriety. Any party wishing to make a JR
application would need to seek independent legal advice in this regard. 

Please provide details of the consultation process that has been
undertaken to understand public impact for the private, for profit, event.

This is still ongoing and the applicant is having to carry out the
consultation to support their application to WSCC for the road closure
order.

 

 

The information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988. You are free to use it for your
own purposes, including any non-commercial research you are doing and for
the purposes of news reporting. Any other reuse, for example commercial
publication, would require the permission of the copyright holder. Most
documents supplied by us will be copyright of West Sussex County Council.

 

Information you receive which is not subject to WSCC continues to be
protected by the copyright of the person, or organisation, from which the
information originated. You must ensure that you gain their permission
before reproducing any third party (non WSCC) information.

 

 

If you have any queries about any of this information, please contact me.

If you are unhappy with the way your request has been handled, you may
wish to ask for a review of our decision via the ‘FOI inbox’. 

 

If you are not content with the outcome of the internal review, you may
apply directly to the Information Commissioner for a decision. Generally,
the ICO cannot make a decision unless you have exhausted our internal
review procedure. The Information Commissioner can be contacted at:

The Information Commissioner's Office,

Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

 

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

 

Jackie

 

 

Jackie Boxall

Customer Service Officer

Communities Directorate

West Sussex County Council

 

Location: Highways Customer Service Hub, Durban House, Durban Road, Bognor
Regis, West Sussex, PO22 9RE

Contact: External: 01243 642105 | E-mail: ci.group.[West Sussex County Council request email]

 

Did you know you can follow West Sussex Highways on Twitter? @WSHighways

We’ve launched our new website: www.westsussex.gov.uk

 

 

 

 

 

 

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Matt Alsbury-Morris

Dear Jackie,

Thank you for your response regarding the TTRO, however it seems the primary statement of my FOI request has been excluded - a request for any & all communications between WSCC and the Organisers of Velo South.

Please advise when i will be in receipt of these documents of public record?

Yours sincerely,

Matt Alsbury-Morris

Matt Alsbury-Morris

Dear West Sussex County Council

I’m disappointed to see that my reply and query on the incompleteness of your response has now been unanswered for over 10 days...

Given the other actions of Councillors and of the event organisers at public meetings, this does seem to suggest an element of “sweep it under the carpet” is taking place here. I sincerely hope this is not the case.

I look forward to receiving a full reply to my initial enquiry by the required legal deadline of Thursday 21st June, which has been adequate time to respond to my initial request.

I await your acknowledge of this email by reply.

Yours sincerely,

Matt Alsbury-Morris

Matt Alsbury-Morris

Dear West Sussex County Council,

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

I am writing to request an internal review of West Sussex County Council's handling of my FOI request 'Velo South - Temporary Traffic Regulation Order'.

1) My request has not been answered in full.
2) Acknowledgement of my full request has not been supplied.
3) My replies requesting follow-up have been left without response.
4) The legally implied deadline has passed without full information, or details of timing of delivery, being furnished.
5) Communications between WSCC and a 3rd party are being with-held from the public domain without due cause.

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

Yours faithfully,

Matt Alsbury-Morris

Freedom of Information Act,

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Dear Mr Alsbury-Morris,

 

Thank you for your email which has been passed to the Customer Relations
Team to arrange a review of the FOI response issued by West Sussex County
Council.

 

The outcome of the review should be issued within 20 working days, that is
by or on 20.07.18.

 

Yours sincerely,

 

Helen Thompson.

 

Freedom Of Information |  [1]West Sussex County Council | Location:
County Hall, Chichester PO19 1RQ
E-mail: [2][email address]

 

[3]EmailFooterImg

dangos adrannau a ddyfynnir

Caroline Pegg,

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Dear Mr Alsbury-Morris,

 

I am writing in response to your request dated 21^st June for an internal
reviews of the way in which West Sussex County Council handled your
request for information.

Yours original request dated 23^rd May was for:
Please provide any & all correspondence between West Sussex County Council
and the organisers of Velo South related to the Temporary Traffic
Regulation Order for 23rd September 2018.

Please advise whether this TTRO has been;
1) applied for
2) granted
3) details of any right of appeal the public have, including process to
take this action.

Please provide details of the consultation process that has been
undertaken to understand public impact for the private, for profit, event.

Your complaint is as follows:

1) My request has not been answered in full.

2) Acknowledgement of my full request has not been supplied.

3) My replies requesting follow-up have been left without response.

4) The legally implied deadline has passed without full information, or
details of timing of delivery, being furnished.

5) Communications between WSCC and a 3rd party are being with-held from
the public domain without due cause.

 

I have completed my enquires. The request was responded to within the
statutory time period however it is clear that the focus of that response
was on the TTRO points 1-3 and not on the first paragraph whereby you seek
‘any and all correspondence between WSCC and the organisers of Velo
South’. We apologise for that oversight.

 

This part of your request is phrased in very broad terms and unlimited in
time. My enquiries reveal that there is additional material falling within
the scope of your request and some of that material contains personal data
and/or sensitive commercial data. I am also advised that communications
are widespread and numerous and this triggers the costs exemption.

 

We estimate that the cost of complying with your request would exceed the
appropriate limit. The appropriate limit has been specified in regulations
and for local authorities it is set at £450. This represents the estimated
cost of one person spending 2 1/2 working days in determining whether the
Department holds the information, and locating, retrieving and extracting
the information. Under section 12 of the Freedom of Information Act the
Department is not obliged to comply with your request and we will not be
processing your request further.

 

If you were to make a new request for a narrower category of information,
it may be that we could comply with that request within the appropriate
limit, although I cannot guarantee that this will be the case. You may
wish to ask for assistance in narrowing your request, which might mean
focusing on a particular period of time and on particular named officers
communications. You may suggest an appropriate ‘subject’ search term or
terms which might avoid the exemption being triggered.

 

If you are not satisfied with the way in which I have handled this
internal review you may wish to contact the Information Commissioner at
the address previously provided.

 

Yours sincerely

Caroline Pegg

 

 

Caroline Pegg | Solicitor | West Sussex County Council

Telephone: 033022 22733 

Email: [1][email address] or
[2][email address]

Address: Room 202, County Hall, West Street, Chichester, West Sussex PO19
1RQ

DX: 157410 Chichester 8

 

 

 

 

 

The Legal Services of Brighton and Hove City Council, East Sussex County
Council,

Surrey County Council and West Sussex County Council working in
partnership

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Dear Caroline Pegg,

Thank you for your reply, from the understanding presented to many members of the public by officers of the council, there has not been significant involvement by West Sussex County Council in the event as all enquiries have been routed to the Velo South organisers - you’re response therefore perplexed me as to the volume that would give you this exemption.

I would like to understand the calculation for the basis of this calculation if you would be so kind as to share that.

I understand that any personal or commercially sensitive information would have to be redacted - but the officers I & colleagues have spoken to have very much represented little involvement from West Sussex County Council.

I await your response in this matter.

Yours sincerely,

Matt Alsbury-Morris

Caroline Pegg,

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Dear Mr Alsbury-Morris,

 

I am writing in response to your email dated 9^th July.

The costs exemption is triggered in relation to this part of your request:

 

‘any and all correspondence between WSCC and the organisers of Velo
South’.

 

This part of your request is phrased in very broad terms and unlimited in
time. My enquiries reveal that there is additional material falling within
the scope of your request and some of that material contains personal data
and/or sensitive commercial data. I am also advised that communications
are widespread and numerous and this triggers the costs exemption.

 

We estimate that the cost of complying with your request would exceed the
appropriate limit. The appropriate limit has been specified in regulations
and for local authorities it is set at £450. This represents the estimated
cost of one person spending 2 1/2 working days in determining whether the
Department holds the information, and locating, retrieving and extracting
the information. Under section 12 of the Freedom of Information Act the
Department is not obliged to comply with your request and we will not be
processing your request further.

 

The additional material exists whether it is simply retained or forwarded
appropriately. A senior officer in the relevant department, with knowledge
of the extent of the data, has made a sensible and realistic estimate that
in order for the various recipients to:

 determining whether the information is held;

 locating the information, or a document containing it;

 retrieving the information, or a document containing it; and

 extracting the information from a document containing it.

 

It would take the equivalent of over 2 ½ days of one officer’s time.

 

Yours sincerely

Caroline Pegg

 

 

Caroline Pegg | Solicitor | West Sussex County Council

Telephone: 033022 22733 

Email: [1][email address] or
[2][email address]

Address: Room 202, County Hall, West Street, Chichester, West Sussex PO19
1RQ

DX: 157410 Chichester 8

 

 

 

 

 

The Legal Services of Brighton and Hove City Council, East Sussex County
Council,

Surrey County Council and West Sussex County Council working in
partnership

 

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