New road common land query 1

The request was successful.

Dear South Lakeland District Council,

Why are vehicles allowed to park on the north side of new road as this is also supposed to be common land .

These vehicles are driving over the pavement into oncoming traffic. The majority are reversing putting pedestrians and motorists in danger. Could I ask what procedures are also in place to combat this increased risk.

Yours faithfully,

scott braithwaite

FOI, South Lakeland District Council

Information Request
 
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Yours sincerely,
 
Paul Mountford | Principal Performance & Intelligence Officer
South Lakeland District Council, South Lakeland House, Lowther Street,
Kendal, Cumbria LA9 4DQ
Tel: 01539 733333
Email: [1][South Lakeland District Council request email] 
Website: [2]www.southlakeland.gov.uk  
 
 

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1. mailto:[South Lakeland District Council request email]
2. http://www.southlakeland.gov.uk/

FOI, South Lakeland District Council

Dear Scott,

 

I am writing in respect of your recent enquiry for information held by the
Council under the provisions of the Freedom of Information Act. You asked
the following:

 

1.       Why are vehicles allowed to park on the north side of new road as
this is also supposed to be common land .

2.       These vehicles are driving over the pavement into oncoming
traffic. The majority are reversing putting pedestrians and motorists in
danger.  Could I ask what procedures are also in place to combat this
increased risk.

 

I can confirm the following:

 

1.       The situation with the north side of New Road differs from the
situation in respect of the south side.  The Council owns only small
parcels of land on the north side.  Each of them are situated directly
outside of a business/organisation premises and has been used by the
business or organisation for parking and/or vehicular access for several
years. 

As the use of those parcels of land by vehicles is specific to those
discrete parcels of land and is directly attributable to each business,
the businesses are likely to have accrued vehicular rights over that land
and, therefore, the Council would have no legal basis for preventing
access.

2.       As set out above those businesses on the North side are likely to
have acquired legal rights to drive over and park on the land due to long
use, consequently, it is down to each business owner to undertake a risk
assessment and take steps, where necessary, to address any risks
identified.

 

You are free to use any information supplied for your own personal use.
However, any other type of re-use, for example, by publishing the
information or issuing copies to the public will require the permission of
the copyright owner.

 

If you are not satisfied with the outcome of your FOI request, you have
the right to ask us to review our handling of your request. Any request
for an Internal Review must be made in writing within 40 days of this
response. Should you wish to request a review, please email
[1][South Lakeland District Council request email] or write to Paul Mountford, Principal
Performance and Intelligence Officer at the address below. Our Internal
Review Process is available on our [2]website.

 

Should you remain dissatisfied following our internal review, you can
refer the matter directly to the Information Commissioner.

 

Further information is available from the Information Commissioner at:

Information Commissioner's Office,

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

[3]www.ico.org.uk

 

Yours sincerely,

 

Emma

 

Emma Nichols | Community Engagement Officer

South Lakeland District Council, South Lakeland House, Lowther Street,
Kendal, Cumbria LA9 4DQ

Tel: 01539 733333 | Direct Tel: 01539 793268 | Email:
[4][South Lakeland District Council request email]

Website: [5]www.southlakeland.gov.uk

 

South Lakeland District Council Making South Lakeland the best place to
live, work and explore

 

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References

Visible links
1. mailto:[South Lakeland District Council request email]
2. https://www.southlakeland.gov.uk/media/1...
3. http://www.ico.org.uk/
4. mailto:[South Lakeland District Council request email]
5. http://www.southlakeland.gov.uk/