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Change of city name from Lisburn to Lisburn and Castlereagh city

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Dear Lisburn and Castlereagh District Council,

Pursuant to recent signage erected at various extremities of the city limits, can you please confirm under what authority you changed the name of the city of Lisburn to "City of Lisburn and Castlereagh" and what legal advice you sought and received in advance of your having done so?

Yours faithfully,

Gordon Lamb

Gordon Lamb left an annotation ()

I notice from the answer supplied by a spokeswoman to Brendan Hughes, the reporter responsible for the story in today's Irish News, that it is inferred that the city name change was permitted under The Local Government (Transitional, Incidental, Consequential and Supplemental Provisions) Regulations (Northern Ireland) 2015 linked to here http://www.legislation.gov.uk/nisr/2015/...

Certainly there is provision for the renaming of corporations, boroughs and districts but I can find nothing therein conferring any power in relation to the renaming of a city.

Dear Lisburn and Castlereagh District Council,

I am disappointed to note that you have failed to meet your legal obligation to reply to my request for information.

Your obligations under this particular legislation are clearly defined here https://ico.org.uk/for-organisations/gui...

Please advise by return when you anticipate being in a position to comply with your obligations under the Act.

Yours faithfully,

Gordon Lamb

Avril Boggs,

Thank you for your email.

 

I am out of the office until Monday 27th July.   I will respond to your
email upon my return or alternatively, if urgent, please contact MCU on
028 9250 9221.

 

Thank you

Avril

Alison Wilton, Lisburn and Castlereagh District Council

2 Attachments

Good Afternoon Mr Lamb

 

Please find attached a response from Lisburn & Castlereagh City Council in
relation to your FOI request.

 

Many Thanks

 

 

 

 

 

Alison

 

Alison Wilton  /   Office of the Chief Executive

+ Lisburn & Castlereagh City Council | Island Civic Centre | Lisburn |
BT27 4RL

(- 028 92 509255

*: [1]  [email address]

 

[2]LCCC_Logo_for_email_signature

 

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Dear Alison Wilton / Michael McKendry,

Thank you for your reply.

Unfortunately your answer does not answer my question.

There is nothing within the legislation which you quote http://www.legislation.gov.uk/nisr/2015/... which specifically confers to a District Council or Borough the right to change the name of a city. My annotation of June 24th refers. I would invite you to provide evidence to the contrary.

Per your reply, and for the avoidance of doubt, I should point out that I am not disputing the right of a new district within the city to be considered part of that city or to avail of the city status. I am asking under what authority the name of the city has been changed from "Lisburn" to "Lisburn and Castlereagh city" as the signage referenced in my original question clearly referenced.

I also asked what legal advice you sought and received. If you sought and received legal advice in relation to the name change from "Lisburn" to "Lisburn and Castlereagh city" then please provide a copy same by return. If you did not seek legal advice then please state that.

Additionally I should point out that according to answers to questions asked of them here https://www.whatdotheyknow.com/request/u... and here https://www.whatdotheyknow.com/request/u... neither DRD's transportNI nor DFP's Land and Property Services NI appear to be aware of any legal change to the city name.

The fact that two Government Departments in this jurisdiction, responsible for road signage and maps respectively, have no plans to address matters under their control to reflect the name change of a city here in Norther Ireland is somewhat strange.

Why is that?

Yours sincerely,

Gordon Lamb

Sadie Thompson,

2 Attachments

Dear Mr Lamb

 

Please see attached correspondence in relation to the above subject for
your attention.

 

Best Regards

 

Sadie

 

Sadie Thompson | Administrative Assistant | Office of the Chief Executive

+ Lisburn & Castlereagh City Council | Island Civic Centre | Lisburn |
BT27 4RL

(  028 9250 9536

*: [1][email address]

 

[2]LCCC_Logo_for_email_signature

 

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Dear Sadie Thompson, Ian Wilson,

Thank you for your extremely prompt reply.

I'm afraid you have failed, once again, for whatever reason to answer my question.

For the avoidance of doubt I will reiterate that I do not dispute the right of the council or borough to be called Lisburn and Castlereagh City Council. My query is specific to signage which has been erected referencing the supposed name of the city, not the city council.

There are signs erected at various extremities which state "Welcome to Lisburn and Castlereagh City". By your own definition these signs are a misrepresentation. To my knowledge, and clearly as far as local Government Departments are concerned there is no such city as "Lisburn and Castlereagh City".

Please explain, therefore, why these signs have been erected worded as they are. If Lisburn city has legally changed its name to "Lisburn and Castlereagh City" please explain how and under what authority it did so and alternatively if Lisburn city has not changed its name to "Lisburn and Castlereagh City" then please explain why these signs were erected worded as they are and why they continue to be in place.

Yours sincerely,

Gordon Lamb

Dear Sadie Thompson / Ian,

You state in your reply "Section 3 (4) Charter affords the "city status" to be applied to the name of the district." The copy of the legislation published on the Govt website linked to earlier states "Section 3 (4) In the case of the charter of the borough of Lisburn , after 31st March 2015, the name of the corporation of the borough shall be the name of the district". Clearly this is different to what you quote it as saying and neither that part, nor any other part of the legislation makes reference to changing a city name. It is specific to the
renaming of the corporation of the borough only, not the city itself. In fact I don't believe the word city appears anywhere in the legislation at all.

I hope this is of some help and I look forward to your considered reply by return.

Yours sincerely,

Gordon Lamb

Sadie Thompson,

2 Attachments

Dear Mr Lamb

 

Please see attached correspondence in relation to the above subject for
your attention.

 

Best Regards

 

Sadie

 

Sadie Thompson | Administrative Assistant | Office of the Chief Executive

+ Lisburn & Castlereagh City Council | Island Civic Centre | Lisburn |
BT27 4RL

(  028 9250 9536

*: [1][email address]

 

[2]LCCC_Logo_for_email_signature

 

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Dear Ian,

Thank you for your reply.

For the avoidance of doubt I should clarify, contrary to your assertion, that it is not my "view" that the signage represents the name of the city, not the city council but it is a fact that the signage infers that it represents the name of the city.

See image here http://www.irishnews.com/picturesarchive...

If it were the case that the signage were referring to the city council then surely it would read "Welcome to Lisburn and Castlereagh city council" and not "Welcome to Lisburn and Castlereagh city". If the intention is to represent the council, district or borough then why do the signs state the latter?

Adding to the confusion are the facts that there seems to be no continuity to the position which you state to be fact. For example your own letterhead address cites "Lisburn", not "Lisburn and Castlereagh". The signage for "Lisburn cathedral" does not now reference "Lisburn and Castlereagh cathedral". According to DFP and DRD neither of them have been afforded notification of a change of city (not council, district or borough) name and have no plans to introduce new signage or maps to reflect what the signage referred to infers - that what once was called Lisburn or Lisburn city is now called Lisburn and Castlereagh city.

To simplify things perhaps it would be better if you could afford me a one word "yes" or "no" answer to the following question:

Has Lisburn city (not its council, district or borough) officially changed its name to Lisburn and Castlereagh city?

Yours sincerely,

Gordon Lamb

Sadie Thompson,

2 Attachments

Dear Mr Lamb

 

Please see attached correspondence in relation to the above subject for
your attention.

 

Best Regards

 

 

Sadie

 

Sadie Thompson | Administrative Assistant | Office of the Chief Executive

+ Lisburn & Castlereagh City Council | Island Civic Centre | Lisburn |
BT27 4RL

(  028 9250 9536

*: [1][email address]

 

[2]LCCC_Logo_for_email_signature

 

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Dear Lisburn and Castlereagh District Council,

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

I am writing to request an internal review of Lisburn and Castlereagh District Council's handling of my FOI request 'Change of city name from Lisburn to Lisburn and Castlereagh city'.

I have sought confirmation from Lisburn and Castlereagh City Council as to whether the city formerly known as Lisburn has changed its name to Lisburn and Castlereagh city as signage on the periphery of the city boundaries clearly suggests. See here https://www.google.co.uk/url?sa=i&rc...

Despite several clarifications regarding my requst I have yet been unable to get a straight answer to my very direct question.

My question is "Has the city formally known as "Lisburn" legally changed its name to "Lisburn and Castleragh city". I am not interested in the semantics of the conferring of city status to the borough / district or council and have been clear about that throughout.

I can find nothing in any legislation referred to by your officials which states or confers specifically the right to change the name of a city. Ulitimately the granting of city status is an entirely different matter from changing a city name. Additionally one cannot simply change the name of a city on foot of the change of name of a borough, district or council. This was made clear by Justice Weatherup in his Judicial review ref WEAF5707 of Jan 25th 2007 wherein he ruled;

"[35] .....The local government district and the city and the
county are three separate entities. Only the name of the local
government district (and the consequential changes to the names of
the borough and the council) were affected by the Order in 1984.
The change of name of the City Council did not have the effect of
changing the name of the city.

[39] The relevant purpose under the 1972 Act concerns the power to
change the name of the local government district, to which the name
of the city is said by the applicant to be incidental,
consequential or supplemental. Having found above that the local
authority and the district and the city are separate matters I am
unable to accept that the change of name of the city is incidental,
consequential or supplemental to the change of the name of the city
council.

The 1972 Act is concerned with the administration of local
government, including the names of local government districts and
councils. It is not one of the purposes of the Act to provide for
the names of towns or cities. Nor am I satisfied that such a change
is “necessary or expedient”. More particularly the Department has
not considered that an order changing the name of the city is
necessary or expedient for any purpose of the 1972 Act and no legal
basis for setting aside the Departments conclusion has been
established.

[42] In summary I reject the applicant’s contention that the change
of name from Londonderry City Council to Derry City Council under
the Change of District Name (Londonderry) Order (Northern Ireland)
1984 had the effect of changing the name of the city specified in
the 1662 Charter from Londonderry to Derry. Further I reject the
applicant’s argument that the Department is obliged to exercise
powers under section 134(1) of the Local Government (Northern
Ireland) Act 1972 to modify the 1662 Charter to change the name of
the city from Londonderry to Derry or that the Department is
otherwise obliged to effect that name change. To achieve the name
change desired by the applicant it is necessary to alter the 1662
Charter by the further exercise of the Prerogative or by
legislation."

Given this ruling, and I appreciate that time has passed since, I would be grateful if you could provide me with an answer to my question above.

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,

Gordon Lamb

Lisburn and Castlereagh District Council

Dear Mr. Lamb

REF: Request Under Freedom of Information Act 2000

Thank you for your information request dated 21/08/2015.Please accept this
email as confirmation that your Freedom of Information Enquiry is
currently being dealt with.

Should the Council require any additional information in order to fulfil
your request we will contact you shortly.Please note there may be a
photocopying charge for any information released.

Yours Sincerely

Wendy Hughes

MCU Head of Service,

Dear Mr Lamb

 

You will have received an acknowledgement email with regard to your latest
correspondence with Lisburn & Castlereagh City Council.

 

We are currently looking to your request for an Internal Review.

 

This email is so you are aware that we are working on this matter.  We
will endeavour to complete the Review within 20 working days from the date
of your request.  Should we need to be in contact with you in the interim
we will of course do so.

 

 

 

Kind Regards

Alison Goddard

 

 

[1]LCCC Alison Goddard
logo Head of Marketing & Communications
Tel: 028 9244 7215

Lisburn & Castlereagh City Council
Civic Headquarters, Lagan Valley Island, Lisburn BT27 4RL
[2]www.lisburncastlereagh.gov.uk

[3]facebook[4] /lisburncastlereagh    [5]twitter[6] /lisburnccc

 

 

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6. http://www.twitter.com/lisburnccc

Sadie Thompson,

2 Attachments

Dear Mr Lamb

 

Please see attached correspondence in relation to the above subject for
your attention.

 

Best Regards

 

Sadie

 

Sadie Thompson | Administrative Assistant | Office of the Chief Executive

+ Lisburn & Castlereagh City Council | Island Civic Centre | Lisburn |
BT27 4RL

(  028 9250 9536

*: [1][email address]

 

[2]LCCC_Logo_for_email_signature

 

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