Highways Act 1980 Enigma
Dear Ceredigion Council,
Has the occupier of the Greengrocery shop in Chalybeate Street, Aberystwyth been granted a legal or dubious right to obstruct the footpath on a daily basis, if not why has Ceredigion Council failed to uphold its Statutory duty for the past 20 years?
Yours faithfully,
S. M Golden
Dear S M Golden
I refer to your email dated 27 May 2013. I am writing to inform you that your correspondence is being dealt with in accordance with the Freedom of Information Act.
We aim to respond to you in full within 20 working days from receipt of your correspondence and will let you know if it is going to take longer.
Yours sincerely
Llinos Davies
Director’s Support Officer
Ext 2401
Dear S M Golden
Freedom of Information Request regarding Chalybeate Street, Aberystwyth
Ceredigion County Council has a set of guidelines in place to administer and control activities within the highway such as the placing of objects on footways. It is intended that these guidelines will be re-visited later in the year.
The Council will review how it should deal with objects currently being placed on footways within the various towns by local businesses and traders so that there is a consistent approach throughout the County, including setting general standards to ensure safe usage for all users of pavements, where practicable. There will also be engagement with the newly established Ceredigion Disability Forum.
If you have any complaints regarding this reply, please write to the Assistant Chief Executive - Legal Services, Ceredigion County Council, Penmorfa, Aberaeron, Ceredigion SA46 OPA or by email to [Ceredigion County Council request email]. If this fails to resolve the matter to your satisfaction, you have the right to apply to the Information Commissioner.
Yours sincerely
Keith Morgan
for Huw T Morgan
Director Highways Property & Works
Dear Ceredigion HPW,
ref---Greengrocer's stall in Challybeate Street Aberystwtyh.
Thank you for your reply, may the writer please request a copy of the present guidelines that are in place that are allowing the occupier of the above premises to obstruct the footway and exempt Ceredigion County Council from its statutory duty under s130 Highway Act?
That is assuming that these guidelines are recorded in a hard copy and are not there on a "nod and a wink' basis as appears to be the case with the trader in question (allegedly and in the publics perception) being granted immunity from the Traffic (consolidation) order 2012 and no doubt this will continue with the 2013 amendments which will just give them even more space to park all day with the removal of those pesky 'Blue Badge holders', this accords well with the footway obstruction and the disabled.
Yours sincerely,
M Golden
Dear S M Golden
Freedom of Information Request regarding Chalybeate Street, Aberystwyth
As requested, the Council’s Guidance on Managing Footway Obstructions is
attached.
Having regard to the requirements of the law, it is the guiding principle
of Ceredigion County Council, as it was with the former Dyfed County
Council, to abate to the best of its ability and by the most expedient and
most appropriate means, every unlawful highway obstruction brought to its
attention.
As you are aware, the Highways Act 1980 Section 130 (1) provides the
Council with powers to assert and protect the rights of the public to the
use and enjoyment of any highway in its capacity as the Highway Authority.
The Council will review this year how it deals with objects currently
being placed on footways within the various towns by local businesses and
traders. As stated previously, it is essential that there is a consistent
approach throughout the County.
If you have any complaints regarding this reply, please write to Ms Claire
N Jones, Head of Legal, Human Resources and Democratic Services,
Ceredigion County Council, Penmorfa, Aberaeron, Ceredigion SA46 OPA or by
email to [1][Ceredigion County Council request email]. If this fails to resolve the matter to
your satisfaction, you have the right to apply to the Information
Commissioner.
Yours sincerely
Keith Morgan
for Huw T Morgan
Director Highways Property & Works
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