Definitive Statement of Public Rights of Way

The request was partially successful.

Dear Cambridgeshire County Council,

Under the Environmental Information Regulations, I would like to request a copy of the documents forming your Definitive Statement of Public Rights of Way in the county. I have a strong preference for receiving this information in a re-usable electronic form (e.g. a database, spreadsheet, or CSV file). If the data is not available in such a format, then something like a Word document, PDF file, or scanned digital copies would be preferable (in that order) to a hard copy.

If there is a non-definitive / unofficial electronic version, then I would prefer to receive this, even though it may not be the legal definitive version and may contain errors. If the electronic version is not currently complete or verified, I would like to receive whatever you have so far. (If this is the case, then please explain the different versions, their status, and the formats in which they are stored as part of your response.)

If there is currently no version in electronic form, then please contact me, as if it would be a lot of effort to provide copies of paper versions, then I may be persuaded to withdraw my request. However, in this case I would like to know what has happened to your project to make the Definitive Statement available electronically, which Chris Tucker (an Administrator in your Rights of Way Team) informed me about in May 2012.

Finally, pursuant to the Re-Use of Public Sector Information Regulations, I would also like to request permission to re-use any information you supply in response to this request under the terms of the Open Government Licence v3.0. The purposes for which I would like to re-use the information are (a) to help improve the mapping of Rights of Way in OpenStreetMap, and (b) to convert the information to a more convenient format, and then make it available for others to re-use under an open licence.

Yours faithfully,

Robert Whittaker

PS: I am aware that you make the Definitive Statement available for inspection at your offices during working hours. However, since I work full time and live outside the county, I do not believe that this constitutes the information being "already publicly available and easily accessible to the applicant" as per EIR 6(1)(b).

FOI, Cambridgeshire County Council

Dear Mr Whittaker

 

Re: Environmental Information Request ref 6271

 

Thank you for your email which was received on 29 February 2016 in which
you requested information about the definitive statement of public rights
of way.

 

Your request will be dealt with in line with the Environmental Information
Regulations 2004.  In accordance with the Regulations, the Council aims to
respond to all requests within 20 working days, in this instance, by 30
March 2016.

 

If we require further information, clarification or a fee in order to
fulfil your request we will contact you again.  Please quote the reference
number above in all future correspondence concerning this request.

 

Yours sincerely,

 

 

Jo Withey

Information Governance Officer

Cambridgeshire County Council

SH1001

Shire Hall

Castle Hill

Cambridge

CB3 0AP

01223 729164

[1]www.cambridgeshire.gov.uk
[2]www.cambridgeshire.net

 

 

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ETE Policy and Business Support, Cambridgeshire County Council

Dear Mr Whittaker,

 

Re: EIR 6271 – Definitive statement of public rights of way

 

We have considered your request and are providing an update below to seek
your views on how you wish us to proceed.

 

The current situation is that we do have scanned copies of the statements,
but these are of documents spanning over 60 years from the 1950s.
 Inevitably, there have been thousands of amendments to the routes in the
intervening period and therefore these scanned versions will contain many
inaccuracies.

 

As noted in your request, we have been working on a project to consolidate
a Definitive Map and Statement for Cambridgeshire for over ten years.
 This has been a significant undertaking and is now almost complete.  It
is being drafted and we anticipate it will be finalised and published by
the end of May.

 

In light of this, we’d be grateful if you could confirm how you would like
us to take forward your request?  We can continue to consider disclosure
of the 1950s versions in line with the legislation, or we can hold the
matter in abeyance until the consolidated Definitive Map and Statement is
completed and published at the end of May and then consider re-use further
at that point.

 

Yours sincerely,

 

Georgina

 

 

Georgina Fuller

Business Development Officer

Economy, Transport & Environment Services

Cambridgeshire County Council

SH1316, Shire Hall, Castle Hill, Cambridge, CB3 0AP

Tel: 01223 703874

 

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email by mistake please notify the sender and delete it immediately.
Opinions expressed are those of the individual and do not necessarily
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Robert Whittaker

Dear ETE Policy and Business Support,

Many thanks for your helpful reply. I wouldn't want to waste your time having to deal with the outdated documents, and a could of months isn't too long to wait for the new versions. However, I am also mindful of the Council's decidedly unhelpful attitude to a related request I made at https://www.whatdotheyknow.com/request/r...

So, if you can assure me that the end of May is a realistic publication date, that the new Definitive Statements* will be made available in a re-usable electronic format, and that you will permit their re-use under the Open Government Licence, then I would be happy to withdraw this EIR request.

Yours sincerely,

Robert Whittaker

* Note that I am referring only to the written Definitive Statements here, and not to any representations of the Definitive Map.

ETE Policy and Business Support, Cambridgeshire County Council

Dear Mr Whittaker,

Thank you for your email of 1 April; please accept my sincere apologies for not responding to you sooner.

In your email of 1 April, you sought assurance that the end of May is a realistic publication date for the consolidated Definitive Map and Statement for Cambridgeshire. I have spoken to Laurence Smith, Definitive Map Manager in the Assets & Commissioning service, to ascertain whether this is definitely the case. At present, it is anticipated that the consolidated Definitive Map and Statement for Cambridgeshire will be finalised and published by the end of June 2016, rather than by the end of May 2016.

Currently, the next stage in the process is to set a relevant date for the consolidated Definitive Map and Statement. After that, the documents will need to be printed before they can be published and made available to the public. The length of time between the relevant date and publication has been estimated at one month, based on the experience of other authorities. Bearing in mind the remaining work to be done, the Assets and Commissioning service currently anticipates that the consolidated Definitive Map and Statement for Cambridgeshire will be published by the end of June 2016.

Please note that, once published, the Definitive Statement will be supplied in MS Word format. The County Council will permit use of the data for a charge under the Open Government Licence. The charge will be £91.50, as indicated in the Schedule of Charges and Access to Information, including fees for work carried out under EIR. The Schedule of Charges and Access to Information is available at the following link: http://www.cambridgeshire.gov.uk/info/20....

Laurence Smith is happy to keep you updated on progress and informed should the anticipated publication date alter further at all; his email address is [email address].

Based on the fact that the anticipated publication date is now the end of June 2016, please can you advise whether you are still happy to withdraw your EIR request at this stage.

Yours sincerely

Georgina

Georgina Fuller
Business Development Officer
Economy, Transport & Environment Services
Cambridgeshire County Council
SH1316, Shire Hall, Castle Hill, Cambridge, CB3 0AP
Tel: 01223 703874

show quoted sections

Robert Whittaker

Dear ETE Policy and Business Support,

Yes, I would happy to wait until the end of June to receive the new digital Definitive Statement. However, this is conditional on you explicitly confirming whether the £91.50 charge referred to above would be incurred for supplying the information under EIR, or for allowing re-use under RoPSI -- or would the same charge cover both and be made for either activity on its own?

If the charge would be levied for supplying the information under EIR, then I must ask you to conduct an internal review of this policy. Once the Definitive Statement document is prepared (something which you are undertaking anyway as part of your public task), there would be very little effort needed to attach a copy to an email, or to upload it to your website. A charge of £91.50 for this would seem to be completely unreasonable. In particular I would direct you to the ICO's guidance on this matter at https://ico.org.uk/media/for-organisatio...

Yours sincerely,

Robert Whittaker

ETE Policy and Business Support, Cambridgeshire County Council

Dear Mr Whittaker,

Thank you for your response. I can confirm that that the fee is for allowing re-use - see below information from the Asset Information Definitive Map Manager.

With kind regards,

Tessa

Tessa Adams
Business Development Officer
Policy and Business Development Team
Economy, Transport and Environment

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Robert Whittaker

Dear ETE Policy and Business Support,

Many thanks for your reply, as I said I'm happy to wait until the end of June to receive the electronic Definitive Statements.

On the question of re-use though, you have confirmed that I would need to pay a charge of £91.50 for re-use of the information under the Open Government Licence. Under Regulation 15(2) the Re-use of Public Sector Information Regulations 2015, "any charge for re-use must be limited to the marginal costs incurred in respect of the reproduction, provision and dissemination of documents", and the Information Commissioner has indicated to me that none of the conditions of 15(3) are likely to apply in this case. I therefore fail to see how such a charge could comply with this regulation.

I would therefore ask you to review your stated charge under RoPSI r17 and, if upheld, provide me with a breakdown of how you believe that the £91.50 charge complies with r15.

Yours sincerely,

Robert Whittaker

ETE Policy and Business Support, Cambridgeshire County Council

Hello Mr Whittaker,

Thank you for your email.

I've forwarded your request to the relevant team for a response about the fees in this instance, and can update you when I hear back from them.

With kind regards,

Tessa

Tessa Adams
Business Development Officer
Policy and Business Development
Cambridgeshire County Council

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Robert Whittaker

Dear ETE Policy and Business Support,

Could I get an update on your progress with my information requests documented online at
https://www.whatdotheyknow.com/request/d... please?

In particular:

1/ Are the new Definitive Statements available yet? If not, when are they expected to be available?

2/ How is my requested review of your charges under RoPSI r17 progressing?

Many thanks,

Robert Whittaker

ETE Policy and Business Support, Cambridgeshire County Council

Good morning,

Thank you for your email. I'll have a look into this for you.

With kind regards,

Tessa.

show quoted sections

ETE Policy and Business Support, Cambridgeshire County Council

Hello,

I've just received an update on the Definitive Statements - see below email for current progress.

I'm still awaiting on an update in relation to the review of charges but understand it is being looked into, and I hope to hear back shortly.

With kind regards,

Tessa

show quoted sections

Dear ETE Policy and Business Support,

With reference to the requests made through WhatDoTheyKnow at https://www.whatdotheyknow.com/request/d... ...

Can I get another update on how the Definitive Statement publication is progressing? You previously said that the expected publication was 11th August, but I haven't heard anything more since.

Can I also ask for an update on how my complaint under the Re-Use of Public Sector Information Regulations is progressing? Regulation 17(3) requires that you must "determine any complaint made under paragraph (2) within a reasonable time and thereafter notify the person of its determination without delay." I asked you to review your re-use charges on 25th May, which is now 12 weeks ago. I do not regard this wait as a "reasonable time", so I would now also like to complain that you failed to handle my previous complaint in accordance with Regulation 17.

Yours sincerely,

Robert Whittaker

ETE Policy and Business Support, Cambridgeshire County Council

Dear Mr Whittaker,

Apologies that you have not yet had a response. I will chase again for any further updates for you.

With kind regards,

Tessa.

Tessa Adams
Business Development Officer

Policy and Business Support
Economy, Transport & Environment
Cambridgeshire County Council

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Smith Laurence, Cambridgeshire County Council

Dear Mr Whittaker,

Thank you for your email sent earlier today which has been passed to me for a response.

The consolidated Definitive Map and Statement for Cambridgeshire has been printed and is currently awaiting sealing by our Legal Section. This should be completed next week by which time I will be able to arrange for the formal publication of the Map and Statement to be advertised. The Statements will not be in the public domain until publication has been advertised, which I am now envisaging will be on 8th September. I will however update you if there is any change to this date.

Yours sincerely,

Laurence

Laurence Smith
Asset Information Definitive Map Manager
Direct Dial: 01223 507239
Contact Centre 0345 045 5212
Highways Service, Box No. SH1313, Cambridgeshire County Council, Shire Hall, Castle Street, CB3 0AP

For information on public rights of way including the Definitive Map & Statement (the legal records of rights of way), please see http://www.cambridgeshire.gov.uk/info/20...

Note for customers
Please note that our 2016-17 revised fees are now available on our website.
Our fees have been revised following recent guidance on the Environmental Information Regulations 2004 (‘the EIR’), and set out clearly the ways in which customers can access highway asset record information.

Would you like to view the highways records for Cambridgeshire online?
• For public rights of way please click here
• For all other highways please click here

For help with general countryside access queries and to report problems, please see our website at http://www.cambridgeshire.gov.uk/environ... for a digital map of public rights of way and other public access across the County.
For streets queries and a digital map of streets please see: http://www.cambridgeshire.gov.uk/transpo...
Alternatively, please ring the County Council Contact Centre on 0345 045 5212.

show quoted sections

Smith Laurence, Cambridgeshire County Council

Dear Mr Whittaker,

I write to inform you that the Consolidated Definitive Map and Statement of Public Rights of Way for Cambridgeshire has been published. The working copy of the Definitive Map is available on our website as you are aware, however the consolidated Map and Statement is not published on the website, but hard copies are available for public viewing at our offices in Shire Hall, Cambridge and at offices of the 5 District Councils in Cambridgeshire.

The County Council will permit reuse of the data for a charge under the Open Government Licence. The charge will be £91.50, as indicated in the Schedule of Charges and Access to Information, including fees for work carried out under EIR. The Schedule of Charges and Access to Information is available at the following link: http://www.cambridgeshire.gov.uk/info/20....

Payment may be made through the 'Pre-agreed payment to Asset Information' facility which also is available through the above page. If you do make a payment, please advise me once this has been done so that the Statements can be sent.

Yours sincerely,

Laurence

Laurence Smith
Asset Information Definitive Map Manager
Direct Dial: 01223 507239
Contact Centre 0345 045 5212
Highways Service, Box No. SH1313, Cambridgeshire County Council, Shire Hall, Castle Street, CB3 0AP

For information on public rights of way including the Definitive Map & Statement (the legal records of rights of way), please see http://www.cambridgeshire.gov.uk/info/20...

Note for customers
Please note that our 2016-17 revised fees are now available on our website.
Our fees have been revised following recent guidance on the Environmental Information Regulations 2004 (‘the EIR’), and will set out clearly the ways in which customers can access highway asset record information.

Would you like to view the highways records for Cambridgeshire online?
• For public rights of way please click here
• For all other highways please click here

show quoted sections

Dear Smith Laurence,

Many thanks for your update, it's great to know that the Definitive Statements have finally been finalised. As per my original EIR request, could you please provide me with a copy of the written Statements in electronic form. (You have previously said that the £91.50 charge was for re-use not for supply, so I assume that you are able to do this without requiring any payment.)

Regarding the charge for re-use, you will note that I previously asked for a review of your charges under the Re-Use of Public Sector Information Regulations. I do not appear to have received a formal response to this request yet. You could please let me know the outcome of that review, and thus whether your re-use charge of £91.50 still stands? If it does, then please provide a breakdown of how those charges have been calculated.

Yours sincerely,

Robert Whittaker

Robert Whittaker left an annotation ()

In the absence of any response from the council I have now submitted a complaint to the ICO, covering the lack of response to my request for the documents under EIR, the lack of response to my request for a review of the charges under RoPSIR, and the inadmissibility of the charges under RoPSIR.

Robert Whittaker

Dear Cambridgeshire County Council,

I am still waiting for a response to my email to you of 10th Jaunary 2017, requesting a copy of your Definitive Statement of Public Rights of Way under FOI/EIR, and a review under RoPSI of your decision to charge me for re-use of that document. Please also consider this a request for a formal review of your lack of responses in both these cases.

A full history of my request can be found at https://www.whatdotheyknow.com/request/d...

I look forward to your response at your earliest convenience.

Yours sincerely,

Robert Whittaker

Robert Whittaker left an annotation ()

The ICO is currently investigating my complaints. The lack of response to the EIR request for the Definitive Statement is being dealt with under case FER0668383. The imposition of the changes and lack of a review under RoPSIR is being dealt with under case FS50672731.

Robert Whittaker

Dear Cambridgeshire County Council,

I am still waiting for a response to my email to you of 10th Jaunary 2017 (part of request ref EIR 6271), requesting a copy of your Definitive Statement of Public Rights of Way under FOI/EIR, and a review under RoPSI of your decision to charge me for re-use of that document. I believe that the information Commissioner has also been in touch with you to request that you respond. Yet I have still not had a reply.

A full history of my request can be found at https://www.whatdotheyknow.com/request/d... and the specific message you need to respond to is at https://www.whatdotheyknow.com/request/d...

I look forward to your response at your earliest convenience, and also an explanation of why you have failed to respond so far.

Yours sincerely,

Robert Whittaker

PS: Many thanks for finally allowing re-use of your Public Rights of Way GIS data under the OGL in my related request at https://www.whatdotheyknow.com/request/r... . I'm sure you'll be pleased to know that the data is already being used to help improve the Rights of Way mapping in OpenStreetMap for the benefit of the public.

FOI, Cambridgeshire County Council

Dear Mr Whittaker

Thank you for your email. There appears to have been some confusion in respect of your other ICO review, as we initially thought this would be covered and therefore did not want to duplicate a review and response here. Obviously, this has not been the case and this has highlighted that this aspect of your enquiries has not actually been dealt with and I apologise for the oversight. We'll consider the position in respect of the Definitive Statement of Public Rights of Way, as opposed to the Rights of Way data itself, and confirm in due course.

Yours sincerely

Business Intelligence Team – Information and Records
Cambridgeshire County Council, Shire Hall, Cambridge, CB3 0AP

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Smith Laurence, Cambridgeshire County Council

1 Attachment

Dear Mr Whittaker,

 

As I informed you in January of this year, the consolidated Definitive Map
and Statement of Public Rights of Way for Cambridgeshire was published in
September of last year. I am therefore providing the PDF version of the
Definitive Statement, the relevant date of which is 11^th May 2016. There
is no charge for this. Please take a moment to read the information below
prior to viewing the data.

 

Rights of Way standard data disclaimer

 

Please be aware that a council's Definitive Map and Statement and Commons
and

Village Greens Registers are the authoritative source of information about
the public

rights of way, commons and village greens in that council's area. The
details

contained in the data supplied are for information only, and are an
interpretation of

the Definitive Map and Statement and Registers, not the legal records
themselves.

 

They should not be relied on for determining the position or alignment of
any public

right of way, common or village green.

 

For legal purposes, the data does not replace its Definitive Map and
Statement or

Commons or Village Greens Registers, and changes may have been made to the

legal records that are not included in this data.

 

The information is used for indicative purposes only, and does contain
errors and

anomalies. Where clarification of a route or boundary is required, the
original Map and

Statement/relevant Register must be consulted and the Asset Information
team must

be consulted at [1][email address]

 

The data is current at the time of publication. Changes can be made daily
and

therefore some of the data may quickly become out-of-date.

 

Information is given without prejudice to applications made under Section
53 of the

Wildlife and Countryside Act 1981 or Section 15 of the Commons Act 2006
that may

subsequently be proved.

 

For these reasons, other users of the data should be made aware of the
constraints in

the data. We would advise that Cambridgeshire County Council’s Public
rights of way

mapping Disclaimer should be clearly shown whenever the data is used, and
so that

people know who to contact if they have any queries:

 

‘The public rights of way shown on these records are copied from
Cambridgeshire County

Council’s digital version of the Definitive Map and Statement. The data
should not be used for legal

purposes. If in any doubt please contact the Asset Information Team via
email

[2][email address]’

 

Yours sincerely,

 

Laurence

 

Laurence Smith
Asset Information Definitive Map Manager
Direct Dial: 01223 507239
Contact Centre 0345 045 5212
Highways Service, Box No. SH1313, Cambridgeshire County Council, Shire
Hall, Castle Street, CB3 0AP

 

Note for customers

Please note that our 2017-18 revised fees are now available on our website
at [3]www.cambridgeshire.gov.uk/highwaysearches 

 

For information on public rights of way including the Definitive Map &
Statement (the legal records of rights of way), please see
[4]www.cambridgeshire.gov.uk/rightsofway

 

b Would you like to view the highways records for Cambridgeshire online?

·         For public rights of way please click [5]here

·         For all other highways please click [6]here

 

The information in this email is confidential and may be legally
privileged. It is intended solely for the addressee. If you receive this
email by mistake please notify the sender and delete it immediately.
Opinions expressed are those of the individual and do not necessarily
represent the opinion of Cambridgeshire County Council. All sent and
received email from Cambridgeshire County Council is automatically scanned
for the presence of computer viruses and security issues. Visit
[7]www.cambridgeshire.gov.uk

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. http://www.cambridgeshire.gov.uk/highway...
4. http://www.cambridgeshire.gov.uk/rightso...
5. https://www.cambridgeshire.gov.uk/reside...
6. https://www.cambridgeshire.gov.uk/reside...
7. http://www.cambridgeshire.gov.uk/

Robert Whittaker

Dear Smith Laurence,

Many thanks for supplying the files. Just for reference at the moment, could you confirm what the underlying format of the information/data is that is used to make the PDF file Statements? Is it stored in e.g. word documents, or is the data held in some sort of spreadsheet or database that is then used to generate the files?

Also, my understanding is that the files supplied are (a copy of) the official Definitive Statement (valid at the relevant date), as opposed to a non-definitive electronic working version of the Statements (as some other councils use) . Could you confirm that this is the case, as the disclaimer in your email might suggest otherwise.

Finally, could you give my an update on my re-use question? You said in today's email that there was "no charge", but you do not appear to have offered a licence for re-use. It is not clear to me whether the "no charge" referred only to the supply of the data, or also to allowing re-use. Your previous position was that you would permit re-use under the Open Government Licence (OGL) but this would incur a charge of £91.50. I asked you to review the charge under the Re-Use of Public Sector Information Regulations (2015). So could you confirm if you are now permitting re-use of the Definitive Statements under the OGL without charge, or if the review is still ongoing?

Yours sincerely,

Robert Whittaker

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