Christ's Pieces/New Square cycling prohibition

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Next to most of the public footpaths across Christ's Pieces and New Square, there are "no cycling" signs (diagram 951 of the Traffic Signs Regulations 2002). Such signs are normally only allowed to be placed to indicate the effect of a "statutory provision" but I haven't found any such provision in my fairly comprehensive collection of Cambridge traffic regulation orders. As I understand it, the City Council owns these parks and makes byelaws in respect of them, so could you please tell me (assuming you know) what instrument or instruments, if any, prohibit cycling on Christ's Pieces and New Square?

Thanks in advance.

Ben Harris

On 17th September, I sent you a request for information about the statutory provisions underlying the "no cycling" signs on Christ's Pieces and New Square. I don't seem to have had a reply, so would you mind confirming that you got the request?

Thanks in advance.

Ben Harris

Ben Harris left an annotation ()

While the Council have yet to reply to this request, I'm confident they've received it as it appears in their FOI request log at <http://www.cambridge.gov.uk/public/docs/...> (PDF).

On 17th September I asked you for some information about cycling prohibitions on Christ's Pieces and New Square. It would appear from your Web site that you received the same day. It's now two months later and I haven't had either an answer or any indication of when one might be forthcoming. Would you mind telling me what's going on with this request?

Thanks in advance.

Ben Harris

Ian Ross, Cambridge City Council

Dear Ben

I understand that you may not of received this email sent in response
to your FOI request about cycling on Christ's Pieces.
As you will see from the content nearly all the footpaths on these
spaces are adopted footpaths and are under the County Councils control
so the request may be best asked of them.

There is a bylaw from 1928 that covers the remaining footpath running
alongside the bowls club that the City Council is responsible for.

Regards
IAN


>>> Ian Ross 15/10/2009 11:26 >>>

Dear Ben
Thank you for your email regarding cycling prohibitions on Christ's
Pieces and New Square, and I enclose the information you requested under
the Freedom of Information Act 2000.

We completed some investigations and an officer has been on site to the
location.
We can report that there are 5 locations on Christ's Pieces with
signage promoting the prohibition of cycling across Christ's Pieces.
Upon looking at the maps of ownership 4 of these routes across Christ's
pieces are on adopted highways footpaths and are therefor the
responsibility of Cambridgeshire County Councils Highways department and
would be down to them to refer to as to the reasons why and legislation
they have used to prohibit cycling on their adopted footpaths/highway -
may I suggest Graham Lowe at Shire Hall would be a good contact to start
with.

The remaining footpath which is not adopted by the County Council with
cycling prohibition signage on it is the one which runs alongside the
bowls green up to the traffic lights. This is a path under City Council
ownership and falls within Active Communities control.

The signage displayed is in keeping with the County signs so we presume
they originally installed it.

Our legal team have looked through the bylaws and the following was
found;

Cambridge Bylaws with respect to Pleasure Grounds made on 28 November
1928 and confirmed by the Minister of Health on 3 January 1928 (but
these only cover Christ's Pieces, Alexandra Garden, Romsey Recreation
Ground, the Lammas Land and the Coleridge Road Recreation Ground)

bylaw 2 says:

"A person, other than an officer of the Council acting in the proper
execution of his duty, or any person or servant of any person employed
by the Council in the proper execution of any work in connection with
the laying out or maintenance of the pleasure ground, shall not bring or
cause to be brought into the pleasure ground any barrow, truck or
machine, or any vehicle other than a wheeled chair, drawn or propelled
by hand, or a perambulator or chaise drawn or propelled by hand and used
for the conveyance of a child or children or an invalid

Provided that, where the Council set apart a space in the pleasure
ground for the use of bicycles, tricycles or other machines, this bylaw
shall not be deemed to prevent the driving or wheeling in or to that
space of a machine of the class for which it is set apart"

This bylaw would include cycles in the prohibition of any vehicle.

The bylaw would not cover New Square, and the main path through New
Square is an adopted footpath and again is under the County Councils
control including prohibition of cycling.

I trust you find this information useful and if you are not happy with
the way in which your request has been dealt with please contact Debbie
Kaye by emailing [email address].

You may also contact the Information Commissioner if you are still not
happy with the way your request has been dealt with.
The Information Commissioner’s address is:
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

Yours sincerely
IAN ROSS
Recreation Services Manager

>>> Ben Harris 21/09/2009 16:26 >>>
Next to most of the public footpaths across Christ's Pieces and New
Square, there are "no cycling" signs (diagram 951 of the Traffic
Signs Regulations 2002). Such signs are normally only allowed to
be
placed to indicate the effect of a "statutory provision" but I
haven't found any such provision in my fairly comprehensive
collection of Cambridge traffic regulation orders. As I
understand
it, the City Council owns these parks and makes byelaws in
respect
of them, so could you please tell me (assuming you know) what
instrument or instruments, if any, prohibit cycling on Christ's
Pieces and New Square?

Thanks in advance.

Ben Harris


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Thank you for the information about the cycling prohibition on Christ's Pieces. I'll drop a line to the WhatDoTheyKnow admins and see if they can work out what happened to the previous copy of your message.

Ben Harris

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