Dear West Sussex County Council,
7. What constructive solution have WSCC arrived at? The Cabinet Member for
Highways and Transport has set up a Task and Finish Group to consider,
amongst other things, the issue of footway/verge parking in West Sussex.
The group met in October 2018? for the first time and hopefully early in the
new year, a report will seek to clarify the current position. At a
national level, there has been a Private Members Bill (Car Parking on
Pavements Bill 2015-16) submitted to Parliament that seeks to prevent
footway parking nationwide in the same way as it currently happens in
London, whereby all footway parking is restricted unless signs/markings
indicate otherwise. This Private Members Bill was recently withdrawn at
second reading on the understanding that the Department for Transport
would investigate the issues associated with footway parking and report
back over the summer of 2016. Although no report has yet been forthcoming,
the previous Cabinet Member for Highways and Transport received the
following communication in October 2016:

[1]cid:image007.png@01D23F40.B8190530
In sum, officers consider it best to wait for any movement on the national
stage (e.g. the DFT report on the TRO making process) before looking at
any strategic work on footway/verge parking which could end up being
superseded by national legislation.

Yours faithfully,

Geoff Lovell

westsussex@infreemation.co.uk, West Sussex County Council

Dear Geoffrey Lovell

Thank you for your request which has been assigned reference FOI/302

Damage to Grass verges

If you have submitted a request under the Freedom of Information Act
(FOIA) or the Environmental Information Regulations (EIR), we will aim to
respond within the statutory timescale of 20 working days, i.e. by or on
20/12/2019.

Should you have any further enquiries concerning this matter, please reply
to this email leaving the subject line unchanged.

Yours sincerely,
West Sussex County Council

 

Did you make your request via our online form at
[1]https://foi.infreemation.co.uk/westsusse... If not, why not use it
in future for a simple and convenient way to make FOI requests.

References

Visible links
1. https://foi.infreemation.co.uk/westsusse...

Geoff Lovell left an annotation ()

Please do me the courtesy of using the name on the request.

westsussex@infreemation.co.uk, West Sussex County Council

1 Attachment

Dear Geoffrey Lovell,

Our Ref: FOI/302

 

On 24/11/2019 you made the following request for information, which has
been dealt with in accordance with the provisions of the Freedom of
Information Act 2000..

 

Damage to grass verges

 

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

The Response to your request is as follows:

Thank you for your recent enquiry. You raise a number of points relating
to footway parking and hopefully, many of these will be answered by the
attached paper which has recently been drafted by officers. This paper is
not yet fully in the public domain although it will form part of a revised
Integrated Parking Strategy which (subject to approval) is due to be
published next Spring.

In sum, the view of the County Council's Strategic Parking Manager is that
Traffic Regulation Orders (i.e. yellow lines) offer the best opportunity
to deal with cases of footway parking at the current time. A number of
TROs are progressed in each District/Borough and these are reviewed on an
annual basis. Consideration will also be given in the coming months to the
possibility of enforcing parking across dropped kerbs. There is also merit
in the arguments being put across by PATROL (see attached paper). There
are however, still some concerns in relation to the potential for 'area
wide pavement parking bans'. For example, would the removal of vehicles
from one section of footway create new safety/congestion issues on the
carriageway or even on a less suitable footway nearby. It may be some time
before this issues can be resolved (i.e. with guidance issued by the DFT)
so officers are maintaining a 'wait and see' approach

In relation to point 7, the Task and Finish Group did lend their support
to a trial Traffic Regulation Order (TRO) designed to deal with footway
parking. A TRO has recently been introduced in Montague Place in Worthing.
Investigations are continuing as to potential sites for a footway parking
restriction.

With regard to Disabled Bays, some discretionary bays have been provided
over the years. As no TRO was required, these could be put in or taken out
quickly (i.e. if no longer required) but with the caveat that they were
not enforceable. Disabled bays are only enforceable (on-street) when a
sign is in place and the bay is reflected in the TRO. Some neighbourhood
parades do have dedicated disabled bays, especially if surrounding bays
have enforceable restrictions as well. Car Parks are mostly managed by
District/Borough Councils and all disabled bays in a car park (whether
charged or not) should have an order associated with it.  

In light of recent changes to the Blue Badge eligibility criteria, WSCC
will be monitoring the number of new applications and determining whether
additional Disabled parking is required at various locations. In addition
to this, there is a programme of parking scheme development taking place
across the county and as part of this, efforts will be made to provide
designated parking facilities where appropriate.

Point 19 Oatlands, Gossops Green has become a ‘rat run’, what long term
remedy has WSCC for this problem? There are no plans to prohibit vehicles
using Oatlands.

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
 by responding to this email. Please do not amend the Subject line.

If you are unhappy with the way your request has been handled, you may
wish to ask for a review of our decision  by responding to this email.
Please do not amend the Subject line.

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:
 

[1]www.ico.org.uk; or

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.

 

Yours sincerely,

Lesley

CI Group FOI

Highways and Transport

 

 

 

 

References

Visible links
1. http://www.ico.org.uk/

Dear West Sussex County Council,
Point 19 Oatlands, Gossops Green has become a ‘rat run’, what long term
remedy has WSCC for this problem? There are no plans to prohibit vehicles
using Oatlands
The name on the FOI is Geoff Lovell please be more courteous and use this name in response
This is not an exhaustive review or answer to my question which did not mention banning cars.
One way systems for example.
The name is GEOFF LOVELL PLEASE AMEND YOUR SARCASTIC SECOND RESPONSE OR A COMPLAINT WILL BE MADE..
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 'Footway/Verrge parking,'.

[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]

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

Yours faithfully,

Geoff Lovell

westsussex@infreemation.co.uk, West Sussex County Council

Dear Mr Lovell,

Thank you for your email requesting a review of the council's response to
this FOI.

In your request you only mentioned point 19. Please can you confirm
whether this is the only point which you are asking to be reviewed.

We will place the review on hold until we hear back from you.

Many thanks.

Yours sincerely,

Dave Loveman

Customer Relations Manager

Dear [email address],
why query my request as it is still valid for .
The answer is affirmative for now!
The name is GEOFF LOVELL PLEASE AMEND YOUR SARCASTIC SECOND RESPONSE OR A COMPLAINT WILL BE MADE..

Yours sincerely,

Geoff Lovell

westsussex@infreemation.co.uk, West Sussex County Council

Dear Mr Lovell,

Thank you for confirming that you wish the council to review the response
to point 19 of your request. I can confirm that the review will be
completed by or on 21st January 2020.

Yours sincerely,

Dave Loveman

Customer Relations Manager

westsussex@infreemation.co.uk, West Sussex County Council

Dear Mr Lovell

Our ref: FOI/302

As you requested I have reviewed the Council's response to your request
for information. My findings are as follows:

 

You originally asked a number of points, of which point 19 was 'Oatlands,
Gossops Green has become a ‘rat run’, what long term remedy has WSCC for
this problem?'. The Council's response was 'There are no plans to prohibit
vehicles using Oatlands.'.

On 17th December 2019 you asked for a review of this response, saying
'This is not an exhaustive review or answer to my question which did not
mention banning cars. One way systems for example.'

 

Having reviewed the position I have concluded  that the initial response
from the council was not of the appropriate quality. The response should
have covered all potential controls for traffic.

I am able to confirm that the council currently has no plans to
introduce any traffic restrictions for Oatlands. 

I do apologise that you were not given this wider response originally and
hope that the additional information I have given means that you have now
received the information you requested.

If you remain dissatisfied, you have the right to appeal to the
Information Commissioner as explained in the initial response.

Yours sincerely,

Dave Loveman

Customer Relations Manager

westsussex@infreemation.co.uk, West Sussex County Council

This response has also been sent to
[email address] by Laura Franklin

 

Good afternoon Mr Lovell

Thank you for most recent contact with West Sussex County Council, a
response was sent regarding FOI/302- Parking on grass verges on
30/12/2020. Please see below:

30 Dec 19
Note Added

 

show quoted sections

Dear [email address],
Supplementary to this FOI but still allied.
Would WSCC seek to recover costs of restoring the damaged grass verge in Oatlands, corner of Loveletts rather than inflict the cost on the weary taxpayer.
Perhaps the cabinet member for highways should get involved? and the county councillor for Gossops Green.

Yours sincerely,

Geoff Lovell

westsussex@infreemation.co.uk, West Sussex County Council

Dear Geoff Lovell

Thank you for your request which has been assigned reference FOI/1665

Internal review of Freedom of Information request - Footway/Verrge
parking,

If you have submitted a request under the Freedom of Information Act
(FOIA) or the Environmental Information Regulations (EIR), we aim to
respond within the statutory timescale of 20 working days, i.e. by or on
11/12/2020.

Should you have any further enquiries concerning this request, please
reply to this email leaving the subject line unchanged.

Yours sincerely,
West Sussex County Council

 

Did you make your request via our online form at
[1]https://foi.infreemation.co.uk/westsusse... If not, why not use it
in future for a simple and convenient way to make FOI requests.

References

Visible links
1. https://foi.infreemation.co.uk/westsusse...

westsussex@infreemation.co.uk, West Sussex County Council

Dear Geoff Lovell

I refer to your email dated 13/11/2020], which purports to be a request
for information held by the Authority, but which appears to be a request
to consider the recover costs of restoring the damaged grass verge in
Oatlands, corner of Loveletts. 

It falls outside the scope of the Act/Regulations and the authority
declines to respond to it. [I have passed your email on to the Department
for consideration].

If you require advice and assistance in making a request for information
please contact me by responding to this email. Please do not amend the
Subject line.

 

Yours sincerely,

Helen Atkinson 

Customer Relations Officer 

westsussex@infreemation.co.uk, West Sussex County Council

Dear Mr Geoff Lovell

 

Our ref: FOI 1665 and FOI 1666

As you requested I have reviewed the Council's response to your request
for information under the Environmental Information Regulations. My
findings are as follows:

Your question was:

Does West Sussex County Council have a statutory obligation (having been
given sound evidence) to prosecute offenders and recover costs of
restitution who damage the grass verge and do not pay anything for the
repair or restitution of said verge.
Can WSCC be sued for dereliction of duty in not pursuing offenders who
damage verges as it should not fall on the shoulders of county taxpayers?

The Council's response was:

I refer to your request dated 13th November 2020, which purports to be a
request for information held by the Authority, but which appears to be a
request for advice about the statutory responsibilities of the Authority
and the Authority's vulnerability to legal action if these
responsibilities are not fulfilled.

Your request falls outside the scope of the Act/Regulations and the
authority declines to respond to it. 

Your request is also clearly linked to your request our ref FOI 1665, your
ref https://www.whatdotheyknow.com/request/f....

The council has therefore merged these two requests and I should be
grateful if you would use our reference FOI 1665 for any further
correspondence on this subject.

Should you wish to challenge the council's decisions on these linked
requests, you have the right to ask the ICO to consider how the council
has handled your requests.

 

You also logged a parallel request which was:

Would WSCC seek to recover costs of restoring the damaged grass verge in
Oatlands, corner of Loveletts rather than inflict the cost on the weary
taxpayer.
Perhaps the cabinet member for highways should get involved? and the
county councillor for Gossops Green

The Council's response was:

I refer to your email dated 13/11/2020, which purports to be a request for
information held by the Authority, but which appears to be a request to
consider the recover costs of restoring the damaged grass verge in
Oatlands, corner of Loveletts. 

It falls outside the scope of the Act/Regulations and the authority
declines to respond to it. [I have passed your email on to the Department
for consideration].

 

It is my conclusion that the initial responses from the council
were reasonable and proportionate. The FOI Act and the Environmental
Information Regulations are designed to ensure that information held by
the Council is made available on request. Your questions were not requests
for information held by the Council and therefore do not fall within the
scope of the legislation.

If you are dissatisfied with the Council's decision following this
reconsideration, you have the right to appeal to the Information
Commissioner as explained in the initial response.

Yours sincerely,

Dave Loveman

Customer Relations Manager

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 'Footway/Verrge parking,'.

Lack of information

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

Yours faithfully,

Geoff Lovell

westsussex@infreemation.co.uk, West Sussex County Council

Dear Geoff Lovell

Thank you for your request which has been assigned reference FOI/1981

Internal review of Freedom of Information request - Footway/Verrge
parking,

If you have submitted a request under the Freedom of Information Act
(FOIA) or the Environmental Information Regulations (EIR), we aim to
respond within the statutory timescale of 20 working days, i.e. by or on
24/02/2021. However please be aware that timescales may be extended
following the declaration on 6th January 2021 of a major incident relating
to the Covid pandemic in Sussex 

Should you have any further enquiries concerning this request, please
reply to this email leaving the subject line unchanged.

Yours sincerely,
West Sussex County Council

 

Did you make your request via our online form at
[1]https://foi.infreemation.co.uk/westsusse... not, why not use it
in future for a simple and convenient way to make FOI requests.

References

Visible links
1. https://foi.infreemation.co.uk/westsusse...

westsussex@infreemation.co.uk, West Sussex County Council

Dear Mr Lovell,

As previously advised this EIR request has been dealt with in tandem with
another request on a linked subject. The outcome of your review was sent
to the email address linked to the other request earlier today and can be
found ON YOUR WhatDoTheyKnow
page here: https://www.whatdotheyknow.com/request/f...

Yours sincerely,

Dave Loveman

Customer Relations Manager