Controlled Parking Zones

Kevin Stainton made this Freedom of Information request to North Yorkshire County Council

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

The request was successful.

Dear North Yorkshire County Council,

REQUEST PURSUANT TO FREEDOM OF INFORMATION ACT

I require:

1. A list of individually-defined Controlled Parking Zones, as defined per Regulation 4, TSRGD 2002.

2. The extent of each individual Zone in item 1.

3. The Traffic Regulation Order or Traffic Management Order for each individual Zone. Note that you are legally obliged to provide this under the terms of the Local Government Act 1972, and therefore should not be included in any cost calculations, since they shall be easily accessible. Note that Council minutes are strictly not acceptable, the request is specifically for the final Orders themselves. The exemption in s.21 shall not apply if the documents are merely available for inspection or require prior notice or appointment (s.21(2)(b),s.21(3)).

4. For each zone listed in 1(a), a copy of the design diagram or specification for the signs on entrance to each zone produced by the Council. There is no need to provide copies of the diagrams from Schedules 1-11 to the TSR.

5. Are NYCC aware of United Nations Convention on the Rights of People with Disabilities -
Article 9 states "To enable persons with disabilities to live independently and participate fully in all aspects of life, States Parties shall take appropriate measures to ensure to persons with disabilities access, on an equal basis with others, to the physical environment, to transportation, to information and communications"
Article 19 states "States Parties to the present Convention recognize the equal right of all persons with disabilities to live in the community, with choices equal to others, and shall take effective and appropriate measures to facilitate full enjoyment by persons with disabilities of this right and their full inclusion and participation in the community"
Article 20 states "States Parties shall take effective measures to ensure personal mobility with the greatest possible independence for persons with disabilities"

The Council is reminded of its duties under s.16 FOIA, and rejection on the basis of quantity or specification shall be treated as a failing in these duties.

I require an acknowledgement of receipt within two working days, and a summary of the exemptions that will apply along with an estimate of when I can expect the full response within five working days - this should allow you more than enough time to establish whether any clarifications or exemptions are required. An estimate of "within the 20 working days allowed by law" is not acceptable. You are reminded that this is a limit, not an entitlement.

For your ease, In relation to item 1, a list of all "Controlled Zone" schemes shall suffice as Environment or Highways must have such a list on hand.

In relation to items 2 and 3, if the extent of each Zone is specified in the Order, the Order iteslf shall suffice. I am not looking for *all* restrictions, only those specified as zonal/blanket restrictions.

As you are required by law to make Orders available (reg.17 SI 1996/2489, s.228 Local Government Act 1972), clearly they are filed for easy access and retrieval, and will not themselves contain any exempt information. In any case, you are reminded that to deny this part of the request would constitute an offence under s.228(7)(b) for each Order not provided.

In relation to item 4, unless a non-standard or specially authorised design is used, it shall be sufficient to list for each Zone the working diagram number (e.g. P662) with the details of any variation (e.g. "ticket" substituted for "controlled"), that should appear at the each entry of that Zone - for the avoidance of doubt, this should be one item per Zone, and copies of the DfT standard working diagrams need not be supplied. It will not be sufficient to say (e.g.) "a Controlled Zone sign", since there are several different approved designs for different purposes. This information presumably must be easily accessible in order for the Council to fulfil its duties under reg.18 SI 1996/2489. If this is not stored but is derived from the Order by Highways each time a replacement is needed, it will be enough to say this.

Yours faithfully,

Kevin Stainton

North Yorkshire County Council

Thank you for contacting North Yorkshire County Council (NYCC). We confirm
that we have received your correspondence.
 
If you have submitted a new Freedom of Information (FOI) or Environmental
Information Regulations (EIR) request to NYCC - we will contact you as
soon as possible if we need any more information from you to respond to
your request. If we do not need any more information we will pass your
request onto the appropriate officer to respond. A response will be sent
to you as soon as possible, and within 20 working days as required by the
relevant legislation.
 
If you have requested an internal review of an FOI or EIR response sent to
you by NYCC or otherwise expressed dissatisfaction about an FOI or EIR
response – we will respond to you as soon as possible and within 20
working days, in accordance with best practice guidance.
 
If you have raised a data protection concern about the way in which NYCC
has handled your personal information – we will respond to you as soon as
possible and within 20 working days, in accordance with legal
requirements/best practice guidance.
 
If you have asked to be removed from a mailing list – we will forward your
request onto the relevant department for action.
 
If your correspondence relates to an existing case - we will forward it to
the relevant officer for consideration and action as required.
 
Copied correspondence - we do not respond to correspondence that has been
copied to us.
 
For any other enquiry – NYCC will contact you shortly.
 
If your enquiry is urgent and you request an immediate response please
call the information governance team on 01609 532526.
 
Yours faithfully
 
The information governance team

Infogov - Veritau, North Yorkshire County Council

Dear David Kirkpatrick,

Thank you for your Freedom of Information request, received on the 6th of
September 2018.

Before we provide a response, could I please clarify what you are
requesting? Would you like us to provide information regarding Controlled
Parking Zones in Scarborough, a different region, or the whole country?

 

We look forward to hearing from you. Once we receive your clarification,
we will continue to process your request.

Kind regards,

Megan Hopcraft

Information Governance Officer

01609 532526

 

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Dear Infogov - Veritau,
Not sure who "David Kirkpatrick" you address your reply to but in the event you have made an error in addressing me, Controlled Parking Zones in Scarborough.

Yours sincerely,

Kevin Stainton

North Yorkshire County Council

Thank you for contacting North Yorkshire County Council (NYCC). We confirm
that we have received your correspondence.
 
If you have submitted a new Freedom of Information (FOI) or Environmental
Information Regulations (EIR) request to NYCC - we will contact you as
soon as possible if we need any more information from you to respond to
your request. If we do not need any more information we will pass your
request onto the appropriate officer to respond. A response will be sent
to you as soon as possible, and within 20 working days as required by the
relevant legislation.
 
If you have requested an internal review of an FOI or EIR response sent to
you by NYCC or otherwise expressed dissatisfaction about an FOI or EIR
response – we will respond to you as soon as possible and within 20
working days, in accordance with best practice guidance.
 
If you have raised a data protection concern about the way in which NYCC
has handled your personal information – we will respond to you as soon as
possible and within 20 working days, in accordance with legal
requirements/best practice guidance.
 
If you have asked to be removed from a mailing list – we will forward your
request onto the relevant department for action.
 
If your correspondence relates to an existing case - we will forward it to
the relevant officer for consideration and action as required.
 
Copied correspondence - we do not respond to correspondence that has been
copied to us.
 
For any other enquiry – NYCC will contact you shortly.
 
If your enquiry is urgent and you request an immediate response please
call the information governance team on 01609 532526.
 
Yours faithfully
 
The information governance team

Infogov - Veritau, North Yorkshire County Council

Dear Kevin Stainton,

Please accept my apologies for the error in my email there, and thank you for getting back to us so quickly with clarification.

I have passed this on, and we will continue to gather your requested information.

Kind regards,

Megan Hopcraft

Information Governance Officer

01609 532526

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Dear Infogov - Veritau,

May i remind you of the law.

By law, public authorities must respond “promptly” to requests. The law states that they must respond within 20 working days, your 20 days are up - again!

Yours sincerely,

Kevin Stainton

North Yorkshire County Council

Thank you for contacting North Yorkshire County Council (NYCC). We confirm
that we have received your correspondence.
 
If you have submitted a new Freedom of Information (FOI) or Environmental
Information Regulations (EIR) request to NYCC - we will contact you as
soon as possible if we need any more information from you to respond to
your request. If we do not need any more information we will pass your
request onto the appropriate officer to respond. A response will be sent
to you as soon as possible, and within 20 working days as required by the
relevant legislation.
 
If you have requested an internal review of an FOI or EIR response sent to
you by NYCC or otherwise expressed dissatisfaction about an FOI or EIR
response – we will respond to you as soon as possible and within 20
working days, in accordance with best practice guidance.
 
If you have raised a data protection concern about the way in which NYCC
has handled your personal information – we will respond to you as soon as
possible and within 20 working days, in accordance with legal
requirements/best practice guidance.
 
If you have asked to be removed from a mailing list – we will forward your
request onto the relevant department for action.
 
If your correspondence relates to an existing case - we will forward it to
the relevant officer for consideration and action as required.
 
Copied correspondence - we do not respond to correspondence that has been
copied to us.
 
For any other enquiry – NYCC will contact you shortly.
 
If your enquiry is urgent and you request an immediate response please
call the information governance team on 01609 532526.
 
Yours faithfully
 
The information governance team

Bes Contactus, North Yorkshire County Council

14 Attachments

Dear Mr Stainton,

 

I refer to your recent Freedom of Information (FOI) request regarding
Controlled Parking Zones in Scarborough, in which you asked for the
following:

 

1.         A list of individually-defined Controlled Parking Zones, as
defined per Regulation 4, TSRGD 2002.

 

2.         The extent of each individual Zone in item 1.

 

3.         The Traffic Regulation Order or Traffic Management Order for
each individual Zone. Note that you are legally obliged to provide this
under the terms of the Local Government Act 1972, and therefore should not
be included in any cost calculations, since they shall be easily
accessible. Note that Council minutes are strictly not acceptable, the
request is specifically for the final Orders themselves. The exemption in
s.21 shall not apply if the documents are merely available for inspection
or require prior notice or appointment (s.21(2)(b),s.21(3)).

 

4.         For each zone listed in 1(a), a copy of the design diagram or
specification for the signs on entrance to each zone produced by the
Council. There is no need to provide copies of the diagrams from Schedules
1-11 to the TSR.

 

5.         Are NYCC aware of United Nations Convention on the Rights of
People with Disabilities - Article 9 states "To enable persons with
disabilities to live independently and participate fully in all aspects of
life, States Parties shall take appropriate measures to ensure to persons
with disabilities access, on an equal basis with others, to the physical
environment, to transportation, to information and communications"

 

Article 19 states "States Parties to the present Convention recognize the
equal right of all persons with disabilities to live in the community,
with choices equal to others, and shall take effective and appropriate
measures to facilitate full enjoyment by persons with disabilities of this
right and their full inclusion and participation in the community"

 

Article 20 states "States Parties shall take effective measures to ensure
personal mobility with the greatest possible independence for persons with
disabilities"

 

Response:

 

1.         Please see attached file:         Scarborough CPZ zone list

 

2.         Please see attached file:         Scarborough CPZ sub zones
plan

 

3.         Please see attached file:         Scarborough Consolidation
Orders 2011 and 2013

                                                           

Scarborough Amendment Orders 1- 9:

 

(Excluding Amendment Order 8 which has been advertised but not sealed)

 

4.         Please see attached file:         Scarborough CPZ Signing TSRGD
Ref.

 

5.         The County Council is aware of their duty under Section 20 of
the Equality Act 2010 to make reasonable adjustments for disabled persons
and I would also refer you to the County Council’s website, which does
have a dedicated page relating to equal opportunities
([1]https://www.northyorks.gov.uk/equal-oppo...) and
which states that “We plan services to make sure they meet the needs of
people with protected characteristics effectively, within the money
available”.

Regards

Anita

 

 

 

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