Prohibition of Motorhomes camping overnight at the Commons, Donaghadee.

The request was successful.

Dear Ards and North Down Borough Council,

In regard to the statement published on the Ards and North Down Borough Council (ANDBC) website which states:
“Currently overnight sleeping/camping in motorhomes at the site of the motorhome service point at the Commons, Donaghadee, is prohibited by law.”

1. Could you please detail when the Council published this information?

2. Could you please detail which law the Council is referring to that prohibits overnight camping in Motorhomes at the Commons in Donaghadee?

3. Could you please detail the legal advice the Council relied upon to prohibit overnight camping in Motorhomes at the Commons in Donaghadee?

4. Could you please detail all information and advice issued by Council Officers to the privately owned caravan site operators in the Borough in regard to the law the Council is referring to?

5. Could you please detail all information, including that of the legal case referred to by Council Officers attending the NI Leisure Show 2018, used to advise the public in regard to the Motorhome service point at the Commons in Donaghadee?

6. Could you detail the instances of enforcement since the prohibition of Motorhome camping overnight came into effect at;
a) The Commons, Donaghadee, and
b) all other ANDBC managed car parks?

Yours faithfully,

Mr Smith

FOI, Ards and North Down Borough Council

Dear Mr. Smith,

Thank you for your email and request for information dated 19th November 2018.

You have requested from Ards and North Down Borough Council information in relation to Prohibition of Motorhomes camping overnight at the Commons, Donaghadee.

We confirm your request will be processed as a request under the Freedom of Information Act 2000. Accordingly, you will receive the information you have requested within 20 working days of the date of receipt of your request by the Council unless the Council does not hold the information or there is a reason to withhold all or part of the information requested. Council will write to you in any event.

For further information in relation to the Freedom of Information Act 2000 I would refer you to the Information Commissioner's Office website, www.ico.org.uk
If you wish to discuss the above please do not hesitate to contact us.
Regards,
FOI Team

Ards and North Down Borough Council
Town Hall
The Castle
Bangor
BT20 4BT
Tel: 0300 013 3333 ext 40718

Ards and North Down Borough Council requires your name and contact details for the purpose of processing your request for information. Your information will be held for 3 years, or 7 years if your request is subject to review. Your details will not be shared.

You have a right to see and review the information held on you. If you wish to request your personal information or have a data protection query, please put your request in writing to: Data Protection Officer, Ards and North Down Borough Council, Town Hall, The Castle, Bangor, BT20 4BT, Email: [email address] Tel: 0300 013 3333. If you are not satisfied with how the Council has handled this matter, you may refer it to the Information Commissioner's Office at 02890278757 or email [email address].

show quoted sections

FOI, Ards and North Down Borough Council

Dear Mr Smith,

 

We refer to the above matter and write further to our acknowledgement of
19^th November 2018.

 

Your request has been processed in accordance with the Freedom of
Information Act 2000 and please see Ards and North Down Borough Council’s
response below.

 

In regard to the statement published on the Ards and North Down Borough
Council (ANDBC) website which states:

 

“Currently overnight sleeping/camping in motorhomes at the site of the
motorhome service point at the Commons, Donaghadee, is prohibited by
law.”

 

1. Could you please detail when the Council published this information?

 

The statement was originally published in the latter half of October, on
or shortly after the 19th. It was updated in early November to reflect the
fact that only one private caravan park can accommodate motorhomes in the
winter months.

 

2. Could you please detail which law the Council is referring to that
prohibits overnight camping in Motorhomes at the Commons in Donaghadee?

 

It has come to the Council’s attention further to provision of the Aires
de Services Facilities at the Commons, Donaghadee that the provision of
these facilities and the subsequent overnight parking of Motorhomes in
this area in effect constitutes the establishment of a Caravan Site by the
Council. In order for the Council lawfully to provide such a site the
general requirements are; planning permission for the use of the land as a
caravan site; Consent from the Department under The Caravans Act (NI) 1963
Section 21; and that the Council shall have regard to the Model Licence
Conditions. The Council is using its discretion in temporarily restricting
the hours of use of the Aires de Services to prevent overnight stays,
until such times as these requirements have been addressed.

 

3. Could you please detail the legal advice the Council relied upon to
prohibit overnight camping in Motorhomes at the Commons in Donaghadee?

 

The Council exercised its discretion to temporarily restrict the hours of
use of the Aires de Services to prevent overnight stays before receiving
legal advice in relation to the status of the Commons, Donaghadee.
Therefore no recorded information is held in relation to this question.

 

4. Could you please detail all information and advice issued by Council
Officers to the privately owned caravan site operators in the Borough in
regard to the law the Council is referring to?

 

The Environmental Health Protection and Development (EHPD) Department of
the Council is responsible for enforcing the Caravans Act (NI) 1963 and
the Caravans Act (NI) 2011 and issuing Site Licences for privately owned
sites. EHPD inspects all such sites annually for compliance with their
site licence conditions, based on Model Licence Conditions issued by the
DOE in 1992. The facilities for Motorhomes, at those sites with provision
for touring vans, are also checked during the annual inspection. No
information or advice has been issued to privately owned sites regarding
the issue of overnight sleeping/camping in motorhomes.

 

5. Could you please detail all information, including that of the legal
case referred to by Council Officers attending the NI Leisure Show 2018,
used to advise the public in regard to the Motorhome service point at the
Commons in Donaghadee?

 

Information advising the public in regard to the motorhome service point
at the Commons in Donaghadee is available on Council’s Visit Ards and
North Down website and the Discover Northern Ireland website:

 

[1]https://discovernorthernireland.com/The-...

 

[2]https://www.visitardsandnorthdown.com/wh...

 

No recorded information is held with regard to the advice Council Officers
attending the NI Leisure Show 2018 provided to the public on the motorhome
service point at the Commons, Donaghadee.

 

The Council is exercising its discretion in temporarily restricting the
hours of use of the Aires de Services for the reasons set out in response
to your second question.

 

6. Could you detail the instances of enforcement since the prohibition of
Motorhome camping overnight came into effect at;

 

From Regulatory Services:

 

a) The Commons, Donaghadee

                0

b) All other ANDBC managed car parks?

                0

 

Should you require clarification on any matter, please do not hesitate to
contact us.

 

We trust this is of some assistance. However, should you be unhappy with
the response you may request an Internal Review by contacting
[3][Ards and North Down Borough Council request email]. Please note that requests for Internal
Reviews must be submitted within two months from the date of this
response.   Further information on the Internal Review process is
available on the Council’s website.  In the event you are unhappy with the
outcome of any Internal Review conducted by Council you may apply to the
Information Commissioner's Office (ICO) for a review of our response.
Please note that the ICO generally expects Internal Reviews to be
completed prior to reviewing the decisions of public bodies.

Regards,

FOI Team

Ards and North Down Borough Council
Town Hall
The Castle
Bangor
BT20 4BT
Tel: 0300 013 3333 ext 40718

 

The information contained in or attached to this message is intended only
for the people to whom it is addressed. If you are not the intended
recipient, any use, storage, disclosure or copying of this information is
unauthorised and prohibited. This information may be confidential or
subject to legal privilege. If you have received this email in error
please notify the sender immediately by using the reply facility in your
email software and then delete the email from your inbox. The contents of
this message do not represent the expressed view of Ards and North Down
Borough Council unless that is clearly stated. The Council cannot accept
liability in the event that the onward transmission, opening, or use of
this message and/or any attachments adversely affects the recipient's
systems or data. Personal information contained in or attached to this
message will be processed in line with the Council’s obligations under the
Data Protection Act 2018, its Data Protection Policy and for the purpose
for which it was provided. If you have a data protection query, please put
your request in writing, stating clearly who you are and your query to:
Data Protection Officer, Ards and North Down Borough Council, Town Hall,
The Castle, Bangor, BT20 4BT, email:
[email address], tel: 0300 013 3333 or visit the
Council’s website at www.ardsandnorthdown.gov.uk/privacy-and-....

References

Visible links
1. https://emea01.safelinks.protection.outl...
2. https://emea01.safelinks.protection.outl...
3. mailto:[Ards and North Down Borough Council request email]

Dear FOI,

Given that overnight camping/sleeping in Motorhomes continues to take place most weekends at the Commons, Donaghadee. Unlike other Ards and North Down Borough Council managed Car Parks which have had signage or barriers installed, there appears to be no restriction on the hours of use for the Aire de Service and no prevention of overnight camping/sleeping.

Can you elaborate on your answers by describing:

The methods by which the Council are preventing the overnight camping/sleeping in Motorhomes; and,

how are the Council restricting the hours of use of the Aire de Service, given that it continues to be accessible 24 hours a day, 7 days a week?

Could you also give an update to question 6?

Yours sincerely,

Mr Smith

FOI, Ards and North Down Borough Council

Dear Mr Smith,

We refer to the above matter and acknowledge receipt of your request for information on 28th January 2019.

You have requested information from Ards and North Down Borough Council in relation to its regulation of its car park at the Commons, Donaghadee. Your request will be processed in accordance with the Freedom of Information Act 2000. Accordingly, you will receive the information you have requested within 20 working days of the date of receipt of your request by the Council unless the Council does not hold the information or there is a reason to withhold all or part of the information requested. Council will write to you in any event.

For further information in relation to the Freedom of Information Act I would refer you to the Information Commissioner's Office website, www.ico.org.uk

If you wish to discuss the above please do not hesitate to contact us.

Regards,

FOI Team

Ards and North Down Borough Council
Town Hall
The Castle
Bangor
BT20 4BT
Tel: 0300 013 3333 ext 40718

Privacy Notice

Ards and North Down Borough Council processes your personal data for the purpose of administering your request for information. Your information will be held for 3 years, or 7 years if your request is subject to review. Your details will not be shared.

You have a right to see and review the information held on you. If you wish to request your personal information or have a data protection query, please put your request in writing to: Data Protection Officer, Ards and North Down Borough Council, Town Hall, The Castle, Bangor, BT20 4BT, Email: [email address] Tel: 0300 013 3333. If you are not satisfied with how the Council has handled this matter, you may refer it to the Information Commissioner's Office at 02890278757 or email [email address].

show quoted sections

FOI, Ards and North Down Borough Council

Dear Mr Smith,

 

We refer to the above matter and write further to our acknowledgement of
28^th January 2019.

 

Your request has been processed in accordance with the Freedom of
Information Act 2000 and please see Ards and North Down Borough Council’s
response below.

 

Given that overnight camping/sleeping in Motorhomes continues to take
place most weekends at the Commons, Donaghadee. Unlike other Ards and
North Down Borough Council managed Car Parks which have had signage or
barriers installed, there appears to be no restriction on the hours of use
for the Aire de Service and no prevention of overnight camping/sleeping.

 

Can you elaborate on your answers by describing:

 

The methods by which the Council are  preventing the overnight
camping/sleeping in Motorhomes; and, No recorded information is held with
regard to this part of your request.

 

how are the Council restricting the hours of use of the Aire de Service,
given that it continues to be accessible 24 hours a day, 7 days a week? No
recorded information is held with regard to this part of your request.

 

Could you also give an update to question 6? -  From 17th December 2018,
Could you detail the instances of enforcement since the prohibition of 
Motorhome camping overnight came into effect at;

 

   a) The Commons, Donaghadee 0

 

b) All other ANDBC managed car parks? 0

 

Should you require clarification on any part of the response, please do
not hesitate to contact us.

 

We trust this is of some assistance. However, should you be unhappy with
the response you may request an Internal Review by contacting
[1][Ards and North Down Borough Council request email]. Please note that requests for Internal
Reviews must be submitted within two months from the date of this
response.   Further information on the Internal Review process is
available on the Council’s website.  In the event you are unhappy with the
outcome of any Internal Review conducted by Council you may apply to the
Information Commissioner's Office (ICO) for a review of our response.
Please note that the ICO generally expects Internal Reviews to be
completed prior to reviewing the decisions of public bodies.

Regards,

FOI Team

Ards and North Down Borough Council
Town Hall
The Castle
Bangor
BT20 4BT
Tel: 0300 013 3333 ext 40718

 

The information contained in or attached to this message is intended only
for the people to whom it is addressed. If you are not the intended
recipient, any use, storage, disclosure or copying of this information is
unauthorised and prohibited. This information may be confidential or
subject to legal privilege. If you have received this email in error
please notify the sender immediately by using the reply facility in your
email software and then delete the email from your inbox. The contents of
this message do not represent the expressed view of Ards and North Down
Borough Council unless that is clearly stated. The Council cannot accept
liability in the event that the onward transmission, opening, or use of
this message and/or any attachments adversely affects the recipient's
systems or data. Personal information contained in or attached to this
message will be processed in line with the Council’s obligations under the
Data Protection Act 2018, its Data Protection Policy and for the purpose
for which it was provided. If you have a data protection query, please put
your request in writing, stating clearly who you are and your query to:
Data Protection Officer, Ards and North Down Borough Council, Town Hall,
The Castle, Bangor, BT20 4BT, email:
[email address], tel: 0300 013 3333 or visit the
Council’s website at www.ardsandnorthdown.gov.uk/privacy-and-....

References

Visible links
1. mailto:[Ards and North Down Borough Council request email]

Dear Ards and North Down Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Ards and North Down Borough Council's handling of my FOI request 'Prohibition of Motorhomes camping overnight at the Commons, Donaghadee.'.

If 'The Council' decided to exercise its discretion there must have been a reason why.

If this reasoning was communicated to 'The Council' in order that it make a decision it. It is reasonable to believe there would have been a note, memo, minute, report or some other type of correspondence or communication recording this.

Equally it is reasonable to believe that the serious matter and implications of the Council's decision and how a restriction would occur, especially in the case of the Commons whereby it may require the revocation of existing bye-laws, should have been recorded somewhere.

Such an important decision or instruction would then require implementation by a Council employee/representative, whether it be a physical or legal course of action. Again it is reasonable to believe there would have been a note, memo, minute, report or some other type of correspondence or communication recorded, even as part of a timesheet or record of duty.

There have been no change or addition to the facilities at the Commons to warrant lifting the 'restrictions' but overnight Motorhome camping has and is continuing regularly at the Commons and in other Council run Car Parks in the Borough.

Despite the introduction of some related signage in some car parks other than the Commons, there have been no instances of enforcement of motorhomes camping overnight anywhere in the Borough. It is therefore reasonable to believe given the lack of evidence to the contrary, that no such restriction to this activity has been or is being imposed by the Council anywhere in the Borough.

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

Yours faithfully,

Mr Smith

FOI, Ards and North Down Borough Council

Dear Mr Smith,

We refer to the above matter and acknowledge receipt of your email dated 28th February 2019.

You had requested that Ards and North Down Borough Council conduct an Internal Review of a response with regard to 'Prohibition of Motorhomes camping overnight at the Commons, Donaghadee.'

From reviewing your request for an Internal Review and your previous request it appears that what you are requesting in your Internal Review is different from what you requested in your request of 26th January 2019. In your Internal Review request you are requesting information on:

1. the reason why Council exercised its discretion to temporarily restrict overnight camping at the Commons car-park, Donagahadee;
2. the decision-making process used by Council to exercise its discretion to temporarily restrict overnight camping at the Commons car-park, Donaghadee; and
3. instructions to officers to implement the decision.

These requests are different from those contained within your request of 26th January 2019, which asked for the methods being used by which the Council are preventing the overnight camping/sleeping in Motorhomes; and, how are the Council restricting the hours of use of the Aire de Service, given that it continues to be accessible 24 hours a day, 7 days a week.

On that basis, your request of 28th February 2019 will be processed as a request under the Freedom of Information Act 2000. Accordingly, you will receive the information you have requested within 20 working days of the date of receipt of your request by the Council unless the Council does not hold the information or there is a reason to withhold all or part of the information requested Council will write to you in any event.

For further information in relation to the Freedom of Information Act I would refer you to the Information Commissioner's Office website, www.ico.org.uk

If you wish to discuss the above please do not hesitate to contact us.

Regards,

FOI Team

Ards and North Down Borough Council
Town Hall
The Castle
Bangor
BT20 4BT
Tel: 0300 013 3333 ext 40718

Privacy Notice

Ards and North Down Borough Council processes your personal data for the purpose of administering your request for information. Your information will be held for 3 years, or 7 years if your request is subject to review. Your details will not be shared.

You have a right to see and review the information held on you. If you wish to request your personal information or have a data protection query, please put your request in writing to: Data Protection Officer, Ards and North Down Borough Council, Town Hall, The Castle, Bangor, BT20 4BT, Email: [email address] Tel: 0300 013 3333. If you are not satisfied with how the Council has handled this matter, you may refer it to the Information Commissioner's Office at 02890278757 or email [email address].

show quoted sections

Dear FOI,

I had requested the methods by which the Council are preventing the overnight camping/sleeping in Motorhomes and restricting the hours of use of the Aire de Service.

Overnight camping /sleeping in Motorhomes is still occurring regularly in several Car Parks in the Borough and given that there have been no instances of enforcement, nor any record of the methods employed to restrict or to prevent the same, it is now incontrovertible that Council is condoning this activity.

As such I am seeking evidence to support the initial FOI answer that stated "In order for the Council lawfully to provide such a site the general requirements are; planning permission for the use of the land as a caravan site; Consent from the Department under The Caravans Act (NI) 1963 Section 21; and that the Council shall have regard to the Model Licence Conditions. The Council is using its discretion in temporarily restricting the hours of use of the Aires de Services to prevent overnight stays, until such times as these requirements have been addressed."

The answer given on 17th December did not and does not accurately reflect what, in reality, is happening.

I am not requesting the reasoning for the decision as that has already been communicated. I am requesting clarification and detail as to the methods of restriction referred to in the FOI answer. I would expect that the method would include the period of time that any restriction is in place.

Given the Council's omission that it has established an unlawful Caravan Site, it seems extraordinary that they would not have any record of the restrictions, or indeed the relevant instructions to Council employees, imposed to prevent its continuing use of an unlawful Caravan Site. Furthermore it goes against the principles of upholding the law.

Yours sincerely,

Mr Smith

FOI, Ards and North Down Borough Council

Dear Mr Smith,

Thank you for your email of 11 March 2019 providing further clarification, which will be processed as part of request FOI477/18-19/012. A response will be issued no later than 28 March 2019.

Regards,

FOI Team

Ards and North Down Borough Council
Town Hall
The Castle
Bangor
BT20 4BT
Tel: 0300 013 3333 ext 40718

show quoted sections

FOI, Ards and North Down Borough Council

Dear Mr Smith,

Unfortunately Ards and North Down Borough Council is not in a position to issue a response to your request for information within the statutory timeframe.

A response will be issued week commencing Monday 1 April, and we apologise for any inconvenience this delay is causing.

Regards,

FOI Team

Ards and North Down Borough Council
Town Hall
The Castle
Bangor
BT20 4BT
Tel: 0300 013 3333 ext 40718

show quoted sections

FOI, Ards and North Down Borough Council

1 Attachment

Dear Mr Smith,

 

We refer to the above matter and write further to our email of 12^th March
2019.

 

Your request has been processed in accordance with the Environmental
Information Regulations 2004 and please see Ards and North Down Borough
Council’s response below.

 

Request

 

I had requested the methods by which the Council are preventing the
overnight camping/sleeping in Motorhomes and restricting the hours of use
of the Aire de Service.

 

Overnight camping /sleeping in Motorhomes is still occurring regularly in
several Car Parks in the Borough and given that there have been no
instances of enforcement, nor any record of the methods employed to
restrict or to  prevent the same, it is now incontrovertible that Council
is condoning this activity.

 

As such I am seeking evidence to support the initial FOI answer that
stated "In order for the Council lawfully to provide such a site the
general requirements are; planning permission for the use of the land as a
caravan site; Consent from the Department under The Caravans Act (NI) 1963
Section 21; and that the Council shall have regard to the Model Licence
Conditions. The Council is using its discretion in temporarily restricting
the hours of use of the Aires de Services to prevent overnight stays,
until such times as these requirements have been addressed."

 

The answer given on 17th December did not and does not accurately reflect
what, in reality, is happening.

 

I am not requesting the reasoning for the decision as that has already
been communicated. I am requesting clarification and detail as to the
methods of restriction referred to in the FOI answer. I would expect that
the method would include the period of time that any restriction is in
place.

 

Given the Council's omission that it has established an unlawful Caravan
Site, it seems extraordinary that they would not have any record of the
restrictions, or indeed the relevant instructions to Council employees,
imposed to prevent its continuing use of an unlawful Caravan Site.
Furthermore it goes against the principles of upholding the law.

 

Response

 

Following your latest request for information, relevant Service Units have
again reviewed their records and an email dated 18^th October 2018 from
Council’s Director of Environment has been identified as setting-out what
Council, at that time, was doing or planning to do with regard to public
car park use by motorhomes.

 

Information pertaining to legal proceedings has been redacted in
accordance with Regulation 12(5)(b) of the Environmental Information
Regulations 2004. Council considers disclosure of the information would
adversely affect the course of justice. This exception to disclosure
requires Council to carry out a public interest test. Council recognises
the public interest in transparency  and accountability, however, the
public interest in ensuring Council can discuss matters pertaining to
legal proceedings in confidence is strong due to the fundamental
importance of protecting the course of justice and in maintaining fairness
between parties. On that basis, Council considers the public interest
rests in maintaining the exception and has redacted the third paragraph.

 

Personal data has also been redacted in accordance with Regulation
13(2)(a)(i) of the Environmental Information Regulations on the basis it
constitutes the personal data of third party individuals who would have a
reasonable expectation their personal data would not be disclosed to the
public at large. Such a disclosure would contravene the individuals’ data
protection rights and breach the Data Protection Act 2018. On that basis,
such information has been redacted within the attached email.

 

Please note that a request under the Environmental Information Regulations
2004 is a request for recorded information held at the time a request has
been received. A request for a view or opinion is not a valid request
under the Environmental Information Regulations unless that view or
opinion was recorded at the time a request was received.

 

Should you require clarification on any part of the response, please do
not hesitate to contact us.

 

We trust this is of some assistance. However, should you be unhappy with
the response you may request an Internal Review by contacting
[1][Ards and North Down Borough Council request email]. Please note that requests for Internal
Reviews must be submitted within two months from the date of this
response.   Further information on the Internal Review process is
available on the Council’s website.  In the event you are unhappy with the
outcome of any Internal Review conducted by Council you may apply to the
Information Commissioner's Office (ICO) for a review of our response.
Please note that the ICO generally expects Internal Reviews to be
completed prior to reviewing the decisions of public bodies.

Regards,

FOI Team

Ards and North Down Borough Council
Town Hall
The Castle
Bangor
BT20 4BT
Tel: 0300 013 3333 ext 40718

 

The information contained in or attached to this message is intended only
for the people to whom it is addressed. If you are not the intended
recipient, any use, storage, disclosure or copying of this information is
unauthorised and prohibited. This information may be confidential or
subject to legal privilege. If you have received this email in error
please notify the sender immediately by using the reply facility in your
email software and then delete the email from your inbox. The contents of
this message do not represent the expressed view of Ards and North Down
Borough Council unless that is clearly stated. The Council cannot accept
liability in the event that the onward transmission, opening, or use of
this message and/or any attachments adversely affects the recipient's
systems or data. Personal information contained in or attached to this
message will be processed in line with the Council’s obligations under the
Data Protection Act 2018, its Data Protection Policy and for the purpose
for which it was provided. If you have a data protection query, please put
your request in writing, stating clearly who you are and your query to:
Data Protection Officer, Ards and North Down Borough Council, Town Hall,
The Castle, Bangor, BT20 4BT, email:
[email address], tel: 0300 013 3333 or visit the
Council’s website at www.ardsandnorthdown.gov.uk/privacy-and-....

References

Visible links
1. mailto:[Ards and North Down Borough Council request email]

Dear FOI,
Thank you for your reply and for your invitation to seek further clarification on the response.

The statement that the Council “need to demonstrate that what we are doing to control/regulate use of our public car parks (including that they are not being used in contravention of planning and caravan site licensing legislation), is reasonable in all the circumstances” goes to the heart of the clarification that I seek.

The only method employed to restrict the hours of use of the Aires de Service (the Commons, Donaghadee) to prevent overnight stays has been to “communicate to the motorhome fraternity”. I seek immediate clarification of this method, which the Council are relying so heavily upon.

The redaction of the e-mail relating to the “third party individuals”, one of which appears to have been tasked by the Director of Environment to “use his communication channels with this fraternity.” I seek clarification on this method, specifically;
• What has been communicated on behalf of the Ards and North Down Borough Council to the ‘motorhome fraternity’?
• When, and by what methods used, did the communication with the ‘motorhome fraternity’ occur?
• Who was the person tasked by the Director of Environment of Ards and North Down Borough Council to “communicate to the motorhome fraternity”, what are their credentials and what was the process by which this individual was chosen by the Director of Environment to communicate to the entire ‘motorhome fraternity’?
• Is this ‘third party individual’ part of the ‘motorhome fraternity’, do they have a conflict of interest and do they benefit, directly or indirectly from the Council Policy of creating a ‘motorhome friendly borough’ or free-to-use Motorhome camping areas?
• what authority has the person been given by the ‘motorhome fraternity’ regarding communications with Ards and North Down Borough Council, any other Local Authority or any Government department/body?
• what checks have the Council or its Officers made regarding the effectiveness and inclusiveness of this communication method?
• what was the involvement of this individual in the formation of the Ards and North Down Borough Council Policy to develop a ‘motorhome friendly borough’?

As it is unclear how many third-party individuals were party to this high-level communication between Directors and Senior Officers of Ards and North Down Borough Council, it seems highly unusual that they should be included in the communication of internal Council instructions/plans. Given these circumstances, I believe the above clarifications will be a reasonable start in the Council’s ability to demonstrate what they have been doing to ‘control/regulate’ the use of their public car parks.

As is evident on the ground, the Regulatory Services have not arranged for or installed signage at the Commons, nor in many of the other Council managed Car parks which are regularly used for camping by motorhomes. The signs do not confirm “that overnight use by motorhomes/caravans is currently legally prohibited” as stated in the email. Instead the signs installed in early December 2018 in some of the car parks state;
“For the safety and convenience of all car park users car parks are provided for parking only and overnight sleeping is not permitted.”
This method is different to the plan detailed in the e-mail.

Neither the consideration of, and decision to use, softer wording on the signs, nor, the decision of which car parks to install signage in, is detailed in the response. Equally, nor is the decision NOT to install signage at the Commons, Donaghadee and to rely solely on communication with the ‘Motorhome fraternity’. This is a significant change to the method described in the email of October 2018.

Following the responses received in relation to my initial request and the internal review, I would like to request all internal and external correspondence, minutes, notes, memos and reports relating to
• communications with representatives of the ‘motorhome fraternity’ and privately-owned caravan parks, relating to ‘a motorhome friendly borough’.
• Council, Committee and Council Officers decisions relating to the development of ‘motorhome friendly borough’
• Any instances of people living in their motorhome as their sole/main residence, on Council managed car parks, and what the Council procedure to prevent the usage of Council Managed Car Parks for this purpose happening again.
• The decision process regarding where signage, relating to overnight camping in motorhomes, was to be placed and the wording to be used.
• The Regulatory Service's monitoring of the Car Parks for Motorhomes camping overnight since 18th October 2018.
• what criteria Ards and North Down Borough Council are using to define what is a 'Motorhome Friendly Borough' and why they currently consider the Borough NOT to be ‘Motorhome Friendly'?

I would also like a further update to the initial question 6.

I understand that this information may be treated as a separate FOI request and I am happy to wait the 20 working dates for this information to be published but would ask that it be appended onto this FOI request

Yours sincerely,
Mr Smith

FOI, Ards and North Down Borough Council

1 Attachment

Dear Mr Smith,

Thank you for your email of 3rd April 2019 to Ards and North Down Borough Council.

With regard to reference to "third party individuals", this was in the context of those persons being third parties to you, the requester of the information. The two individuals whose names were redacted are Council employees, within Tourism and the FOI Team. It is Council's custom and practice to redact personal data relating to employees below Manager-level. However, the FOI Team had mistakenly identified Alex Irvine as an officer below Manager level, whereas he is the temporary Tourism Manager. Please find attached a copy of the 18th October 2018 email with third party personal data unredacted. We trust this clarifies your queries in respect of this issue.

Your additional questions are being processed in accordance with the Freedom of Information Act 2000 and a response will be issued within twenty working days from receipt of your request.

Regards,

FOI Team

Ards and North Down Borough Council
Town Hall
The Castle
Bangor
BT20 4BT
Tel: 0300 013 3333 ext 40718

show quoted sections

Dear FOI,

Thank you for identifying the “third party individuals” as Council employees. The clarification of the method by which “The Council is using its discretion in temporarily restricting the hours of use of the Aires de Services to prevent overnight stays” still remains.

As I have stated and as continues to be evident ‘on the ground’ the temporary Tourism Manager’s communication appears to be the only method of imposing a restriction on the Motorhome Fraternity with regard to the Commons/other Car Parks that do not have signs installed which continue to be utilised by Motorhome owners for sleeping overnight. As it would be unreasonable to expect every single member of the ‘Motorhome Fraternity to be contacted by the Council's temporary Tourism Manager, this method is very dependent on the ‘representatives’ of the ‘Motorhome Fraternity’ whom the temporary Tourism Manager was tasked to communicate with.

The qualification of such representatives, their associations or organisations would be necessary to determine the most efficient and effective means of getting across this very important message relating to the Council’s obligations and principles of upholding the law. It is reasonable to expect that Ards and North Down Borough Council would have carried out their due diligence in this regard.

So in clarifying the method, please include the organisations, associations and individuals that the temporary Tourism Manager has communicated with, along with the number of motorhome owners they each officially represent. Please also include the precise message that was communicated to them and the date(s) on which the messages were communicated.

The effectiveness of this method can be determined by visiting these car parks and by the Council employees who service the amenities daily. It will be particularly evident between the 19th - 22nd April, Easter Weekend.

Yours sincerely,

Mr Smith

FOI, Ards and North Down Borough Council

Dear Mr Smith,

The FOI Team acknowledges receipt of your email of 10 April.

The requests for information contained within the fourth paragraph of your email will be processed alongside FOI477/19-20/001.

Regards,

FOI Team

Ards and North Down Borough Council
Town Hall
The Castle
Bangor
BT20 4BT
Tel: 0300 013 3333 ext 40718

show quoted sections

FOI, Ards and North Down Borough Council

Dear Mr Smith,

We refer to the above matter and write further to our email of 11 April 2019.

Unfortunately Ards and North Down Borough Council is not in a position to issue a response to your request for information within the statutory timeframe.

We apologise for any inconvenience this delay may cause, and a response will be issued as soon as possible.

Regards,

FOI Team

Ards and North Down Borough Council
Town Hall
The Castle
Bangor
BT20 4BT
Tel: 0300 013 3333 ext 40718

show quoted sections

Dear FOI,

Thank you for your message of 7th May 2019.

Is Ards and North Down Borough Council in a position to issue a partial response within the time fame? For example, to the requests for details of:

Any instances of enforcement since the prohibition of Motorhome camping overnight came into effect at;
a) The Commons, Donaghadee, and
b) all other ANDBC managed car parks?

Any instances of people living in their motorhome as their sole/main residence, on Council managed car parks, and what the Council procedure is to prevent the usage of Council Managed Car Parks for this purpose happening again.

The decision process regarding where signage, relating to overnight camping in motorhomes, was to be placed and the wording to be used.

Yours sincerely,

Mr Smith

FOI, Ards and North Down Borough Council

1 Attachment

Dear Mr Smith,

Thank you for your request for information to Ards and North Down Borough
Council in relation to overnight camping and motorhomes.

Your request has been processed in accordance with the Freedom of
Information Act 2000 and please see Council’s response below.

The redaction of the e-mail relating to the “third party individuals”, one
of which appears to have been tasked by the Director of Environment to
“use his communication channels with this fraternity.” I seek
clarification on this method, specifically;

 

•             What has been communicated on behalf of the Ards and North
Down Borough Council to the ‘motorhome fraternity’?

“Ards and North Down Council is currently looking at future provision for
motorhome visitors to the Borough. This may take some time. Please note
that under current legislation overnight sleeping/camping in motorhomes in
the Borough’s public car parks is prohibited. This includes at the site of
the motorhome service point at The Commons, Donaghadee. 

Overnight camping in motorhomes can be accommodated at several commercial
sites in the Borough. A link to these can be found at
visitardsandnorthdown.com 

We will update the motorhome community on the Council’s plans for
motorhome facilities in due course.”

 

•             When, and by what methods used, did the communication with
the ‘motorhome fraternity’ occur? The message was communicated on 1^st
November 2018 via email.

 

•             what checks have the Council or its Officers made regarding
the effectiveness and inclusiveness of this communication method? No
recorded information is held in relation to this part of your request.

 

So in clarifying the method, please include the organisations,
associations and individuals that the temporary Tourism Manager has
communicated with, along with the number of motorhome owners they each
officially represent. Please also include the precise message that was
communicated to them and the date(s) on which the messages were
communicated. Two organisations: Motorhomecraic and Total Motorhome
Ireland. The message was also emailed to one motorhome owner who had
requested Council keep that person advised of motorhome facilities. The
identity of the individual is being withheld in accordance with section
40(3A)(a) of the Freedom of Information Act 2000 on the basis disclosure
would contravene the first data protection principle of lawful and fair
processing. To disclose their personal data in the absence of a condition
for processing being satisfied contravenes their data protection rights
and, for that reason, their name has been withheld. Council holds no
recorded information on the number of motorhome owners the organisations
officially represent. The precise message has been provided in response to
your first bullet point above, and the date has been provided in response
to your second bullet point above.

 

Following the responses received in relation to my initial request and the
internal review, I would like to request all internal and external
correspondence, minutes, notes, memos and reports relating to:

 

•             communications with representatives of the ‘motorhome
fraternity’ and privately-owned caravan parks, relating to ‘a motorhome
friendly borough’. No recorded information is held in relation to this
part of your request.

 

•             Council, Committee and Council Officers decisions relating
to the development of ‘motorhome friendly borough’ No recorded information
is held in relation to this part of your request.

 

•             Any instances of people living in their motorhome as their
sole/main residence, on Council managed car parks, and what the Council
procedure to prevent the usage of Council Managed Car Parks for this
purpose happening again. No recorded information is held in relation to
this part of your request.

 

As is evident on the ground, the Regulatory Services have not arranged for
or installed signage at the Commons, nor in many of the other Council
managed Car parks which are regularly used for camping by motorhomes. The
signs do not confirm “that overnight use by motorhomes/caravans is
currently legally prohibited” as stated in the email. Instead the signs
installed in early December 2018 in some of the car parks state;  “For the
safety and convenience of all car park users car parks are provided for
parking only and overnight sleeping is not permitted.”

This method is different to the plan detailed in the e-mail.

Neither the consideration of, and decision to use, softer wording on the
signs, nor, the decision of which car parks to install signage in, is
detailed in the response. Equally, nor is the decision NOT to install
signage at the Commons, Donaghadee and to rely solely on communication
with the ‘Motorhome fraternity’. This is a significant change to the
method described in the email of October 2018.

 

•             The decision process regarding where signage, relating to
overnight camping in motorhomes, was to be placed and the wording to be
used. Please see attached email chain between officers of Council’s
Regulatory Services unit and its Assets and Property service unit –
“Regulatory Services emails redacted”. No other recorded information is
held in relation to this part of your request. The personal data of
Council staff below the level of service unit manager has been redacted in
accordance with section 40(3A)(a) of the Freedom of Information Act on the
basis it constitutes the personal data of an individual who would have a
reasonable expectation their personal data would not be disclosed to the
public at large. Such a disclosure would contravene the individuals’ data
protection rights and breach the Data Protection Act 2018. On that basis,
such information has been redacted within the attached email chain.

 

•             The Regulatory Service's monitoring of the Car Parks for
Motorhomes camping overnight since 18th October 2018. No recorded
information is held in relation to this part of your request.

 

•             what criteria Ards and North Down Borough Council are using
to define what is a 'Motorhome Friendly Borough' and why they currently
consider the Borough NOT to be ‘Motorhome Friendly'? No recorded
information is held in relation to the criteria used. With regard to the
part of your request which asks why, a request for a view or opinion is
not a valid request under the Freedom of Information Act unless that view
or opinion was held as recorded information at the time a request was
received. On that basis, for the purposes of responding to this request
under the Freedom of Information Act, Council holds no information in
relation to this part of your email.

 

I would also like a further update to the initial question 6: – From 25^th
February 2019 Could you detail the instances of enforcement since the
prohibition of Motorhome camping overnight came into effect at;

a) The Commons, Donaghadee – 0

b) All other ANDBC managed car parks? – 0

We trust this is of some assistance.  However, should you be unhappy with
our response in this matter you may request an Internal Review of our
response and you can contact [1][Ards and North Down Borough Council request email] in that
regard. Please note that requests for Internal Reviews must be submitted
within one month from the date of this response. In the event you are
unhappy with the outcome of any Internal Review conducted by Council you
may apply to the Information Commissioner's Office (ICO) for a review of
our response. Please note that the ICO generally expects Internal Reviews
to be completed prior to reviewing the decisions of public bodies.

Regards,

 

FOI Team

Ards and North Down Borough Council

Town Hall

The Castle

Bangor

BT20 4BT

Tel: 0300 013 3333 ext 40718

The information contained in or attached to this message is intended only
for the people to whom it is addressed. If you are not the intended
recipient, any use, storage, disclosure or copying of this information is
unauthorised and prohibited. This information may be confidential or
subject to legal privilege. If you have received this email in error
please notify the sender immediately by using the reply facility in your
email software and then delete the email from your inbox. The contents of
this message do not represent the expressed view of Ards and North Down
Borough Council unless that is clearly stated. The Council cannot accept
liability in the event that the onward transmission, opening, or use of
this message and/or any attachments adversely affects the recipient's
systems or data. Personal information contained in or attached to this
message will be processed in line with the Council’s obligations under the
Data Protection Act 2018, its Data Protection Policy and for the purpose
for which it was provided. If you have a data protection query, please put
your request in writing, stating clearly who you are and your query to:
Data Protection Officer, Ards and North Down Borough Council, Town Hall,
The Castle, Bangor, BT20 4BT, email:
[email address], tel: 0300 013 3333 or visit the
Council’s website at www.ardsandnorthdown.gov.uk/privacy-and-....

References

Visible links
1. mailto:[Ards and North Down Borough Council request email]

Dear Ards and North Down Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Ards and North Down Borough Council's handling of my FOI request 'Prohibition of Motorhomes camping overnight at the Commons, Donaghadee.'.

In regard to my request ‘What has been communicated on behalf of the Ards and North Down Borough Council to the ‘motorhome fraternity’?’ The answer received on the 8th May 2019 clearly contradicts the information published on the Motorhomecraic.com forum. The emails are attributed to Alex Irvine, Tourism Manager and have referred to the inadvertent creation of a caravan site as well as a legal challenge. These emails referred to, are claimed to have been sent by the Council’s Tourism Manager before 8th May. It is apparent that the Council’s written line of communication with the Motorhome Fraternity, specifically those responsible for and contributing to the Motorhomecraic Forum, have been furnished with information regarding a legal challenge to the Council. Given also that an unamed “Senior Council Official” has gone on record with the County Down Spectator, 16th May 2019, regarding ‘a legal challenge’, I ask that the Council please provide details of the legal challenge, including the initial complaint regarding ‘Motorhome users staying overnight at the Commons’ referred to in the article as well as the Case number. This is the information that I requested in my initial FOI request, on 19th November 2018, see question 5.
On Friday 10th May, signage was installed at the Commons stating “The use of this car park as a caravan site by caravans, motor caravans, or any other motor vehicles designed or adapted for human habitation is hereby prohibited.” It is reasonable to believe given similar timescales outlined in the e-mail chain from the 8th May 2019 response that the Council would have decided on the precise wording, its proposed location and ordering the sign, in advance of issuing the FOI response of 8th May 2019. This information should have been included in the Council response regarding the decision process of where signage relating to overnight camping in motorhomes was to be placed and the wording used.
The continual and well documented use of the Council Car Parks, in particular the Commons – Donaghadee and Luke’s Point – Bangor, by Motorhome owners for camping overnight must be viewed in the context of the admission of an absolute lack of enforcement and absence of any Regulatory Service records relating to monitoring of Council managed car parks. It appears the Council have made no attempt to adhere to their legal obligations under the Caravan Act (NI) 1963 but instead have tried to subvert it with the introduction in 2016 of their own Bye-Laws for the Control of Parking Places.
The reality of the situation continues to challenge the previous answer given on 17th December 2018 by the Council that it is “using its discretion in temporarily restricting the hours of use of the Aires de Service to prevent overnight stays”. The ‘senior council official’ as reported in the County Down Spectator, 16th May 2019, implies this is a legal obligation instead of a discretionary power. I would ask that the FOI review investigate the mechanism by which the Council believes it can “exercise its discretion” in adhering to primary legislation.

I also ask for full details, including any notes, reports, memos and internal or external correspondence referred to, of the development, procedure, criteria and scrutiny applied by Councillors in the ‘designation’ process of the Commons, Donaghadee as a ‘site’ for motorhome servicing and camping, as referred to by the Senior Council Official in the 16th May 2019 edition of County Down Spectator. I understand this is a separate FOI enquiry and will be treated as such.

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

Yours faithfully,

Mr Smith

FOI, Ards and North Down Borough Council

Dear Mr Smith,

Thank you for your email to Ards and North Down Borough Council requesting an Internal Review regarding the response issued to you on 8 May 2019.

An Internal Review, led by the Director for Organisational Development and Administration, will be conducted and a response will be issued within twenty working days of the date of receipt of your request. Our Internal Review Reference is FOI479/19-20/001.

With regard to your new request for information relating to the designation of the Commons as a site for motorhome servicing and camping, this will be processed as a separate request under the Freedom of Information Act 2000. Our reference for this request is FOI477/19-20/004.

In the interim, should you wish to discuss the above please do not hesitate to contact us.

Regards,

FOI Team
Ards and North Down Borough Council
Town Hall
The Castle
Bangor
BT20 4BT
Tel: 0300 013 3333 ext 40718

show quoted sections

Swanston, Wendy, Ards and North Down Borough Council

3 Attachments

Dear Mr Smith,

 

I refer to the above matter and to your request for an Internal Review
received on 28^th May 2019 in relation to FOI477/19-20/001.

 

A review panel, which was chaired by the undersigned, met on Thursday,
13^th June 2019, to discuss the matters raised in your request and would
respond as follows (your queries shown in bold)

 

 

 1. “In regard to my request ‘What has been communicated on behalf of the
Ards and North Down Borough Council to the ‘motorhome fraternity’?’
The answer received on the 8th May 2019 clearly contradicts the
information published on the Motorhomecraic.com forum. The emails are
attributed to Alex Irvine, Tourism Manager and have referred to the
inadvertent creation of a caravan site as well as a legal challenge.
These emails referred to, are claimed to have been sent by the
Council’s Tourism Manager before 8th May”.

 

The panel noted the information provided to you on 8^th May 2019 was in
response to your request for clarification of what had been communicated
to the ‘motorhome fraternity’ in the context of an email from the Director
of the Environment sent on 18^th October 2018. The panel was satisfied
that your request for information of 3^rd April 2019 was answered fully in
the response of 8^th May 2019.

 

The panel noted your references to information published on the
Motorhomecraic.com forum. The panel agreed it would be appropriate to
process this as a separate request for information under the Freedom of
Information Act. The term ‘motorhome fraternity’ was used by the Director
of the Environment and Council has no way of knowing whether those with
whom it corresponds would consider themselves part of a ‘motorhome
fraternity’, except for those individuals who have identified themselves
as representing motorhome organisations/forums.

 

From the individuals Council is aware represent motorhome
organisations/forums, please find attached redacted correspondence
relevant to your new request -‘Tourism Emails 1’ and ‘Tourism Emails 2’.
The personal data of the motorhome organisation/forum representatives that
Council has been in correspondence with is being withheld in accordance
with section 40(3A)(a) of the Freedom of Information Act 2000, on the
basis disclosure it would contravene the first data protection principle
of lawful and fair processing. To disclose their personal data in the
absence of a condition for processing being satisfied contravenes their
data protection rights and, for that reason, their name and other
information which constitutes their personal data has been withheld.

 

 

 

 2. “It is apparent that the Council’s written line of communication with
the Motorhome Fraternity, specifically those responsible for and
contributing to the Motorhomecraic Forum, have been furnished with
information regarding a legal challenge to the Council. Given also
that an un-named “Senior Council Official” has gone on record with the
County Down Spectator, 16th May 2019, regarding ‘a legal challenge’, I
ask that the Council please provide details of the legal challenge,
including the initial complaint regarding ‘Motorhome users staying
overnight at the Commons’ referred to in the article as well as the
Case number. This is the information that I requested in my initial
FOI request, on 19th November 2018, see question 5”.

 

The panel was content that the response on 19^th November 2018 to this
question was answered fully. The panel was content the information used to
advise the public was a statement published on Visit Ards and North Down
Borough Council and that staff attending NI Leisure Show had no recorded
information regarding the advice they were to provide to the public.

 

There is no legal challenge in which the primary focus is motorhome users
staying overnight at the Commons. A court case is listed for hearing in
Newtownards Court in which the conditions the Council has attached to
‘model conditions for a caravan site licence’ are being challenged. Part
of the challenge referred to council car parks potentially operating as
caravan sites and photographs have been submitted which include images of
motorhomes at the Commons. Use of Council car parks as a caravan site
would be unlawful unless Council had planning permission to use a car park
as a caravan site, had Departmental approval and had regard to the model
conditions for caravan sites.

 

The panel agreed it would be appropriate to clarify that Council
acknowledges that use of the car park at the Commons as a caravan site is
currently unlawful.

 

 

 

 3. “On Friday 10th May, signage was installed at the Commons stating “The
use of this car park as a caravan site by caravans, motor caravans, or
any other motor vehicles designed or adapted for human habitation is
hereby prohibited.” It is reasonable to believe given similar
timescales outlined in the e-mail chain from the 8th May 2019 response
that the Council would have decided on the precise wording, its
proposed location and ordering the sign, in advance of issuing the FOI
response of 8th May 2019. This information should have been included
in the Council response regarding the decision process of where
signage relating to overnight camping in motorhomes was to be placed
and the wording used”.

 

The panel agreed this part of your request was processed correctly in
accordance with section 1(4) of the Freedom of Information Act which
requires information held at the time when the request is received to be
provided, unless an exemption applies. The request was received on 4^th
April 2019 and that was the correct date to use when determining whether
information was held – ‘Signage Emails Apr.May 19’.

 

The panel agreed it would be appropriate to process this part of your
correspondence as a separate request for information under the Freedom of
Information Act. Accordingly, please find attached correspondence
subsequent to 4^th April 2019 held relevant to the signage which was
installed at the Commons, Donaghadee.

 

The personal data of individuals who would hold a reasonable expectation
their personal data would not be disclosed to the public has been redacted
in accordance with section 40(3A)(a) of the Freedom of Information Act
2000 on the basis disclosure would contravene the first data protection
principle of lawful and fair processing. To disclose their personal data
in the absence of a condition for processing being satisfied contravenes
their data protection rights and, for that reason, their names and other
information which constitutes their personal data has been withheld.

 

Other correspondence relevant to the erection of the signage has been
withheld from disclosure as it constitutes correspondence between
Council’s solicitors and Council Officers discussing the need to obtain
legal advice and of the legal advice itself. Section 42(1) of the Freedom
of Information Act provides an exemption to disclosure if the relevant
information constitutes legal professional privilege and the public
interest rests in withholding disclosure. The panel recognised the
assumption in favour of disclosure, however, in respect of legal
professional privilege there is a strong public interest in safeguarding
the openness in communications between client and solicitors to ensure
access to full and frank legal advice, and in ensuring Officers can
discuss legal advice in confidence. Taking these matters into account, the
panel considered the public interest in maintaining the exemption
outweighed the public interest in disclosure. On that basis, the advice is
being withheld in accordance with section 42(1) of the Freedom of
Information Act.

 

 

 

 4. “The continual and well documented use of the Council Car Parks, in
particular the Commons – Donaghadee and Luke’s Point – Bangor, by
Motorhome owners for camping overnight must be viewed in the context
of the admission of an absolute lack of enforcement and absence of any
Regulatory Service records relating to monitoring of Council managed
car parks. It appears the Council have made no attempt to adhere to
their legal obligations under the Caravan Act (NI) 1963 but instead
have tried to subvert it with the introduction in 2016 of their own
Bye-Laws for the Control of Parking Places. The reality of the
situation continues to challenge the previous answer given on 17th
December 2018 by the Council that it is “using its discretion in
temporarily restricting the hours of use of the Aires de Service to
prevent overnight stays”. The ‘senior council official’ as reported in
the County Down Spectator, 16th May 2019, implies this is a legal
obligation instead of a discretionary power. I would ask that the FOI
review investigate the mechanism by which the Council believes it can
“exercise its discretion” in adhering to primary legislation”.

 

The panel agreed that, although there may have been a lack of clarity in
the past, recent legal advice has made it completely clear that the
Council cannot exercise any discretion in adhering to primary
legislation.  The Council would therefore have no intention of
investigating a mechanism by which it could attempt to do so.  The panel
felt it would be appropriate to confirm again that use of the car park at
the Commons as a caravan site is currently unlawful and has therefore had
to be banned, despite the Bye-Law in place.

 

If you are not satisfied with the way in which your internal review
request has been handled, you may contact the Information Commissioner’s
Office at:

 

The ICO – Northern Ireland

3rd Floor

14 Cromac Place,

Belfast

BT7 2JB

Telephone: 028 9027 8757 / 0303 123 1114

Email: [1][email address]

 

Yours sincerely,

 

Wendy Swanston

Director of Organisational Development and Administration

Ards and North Down Borough Council

Town Hall

The Castle

Bangor, BT20 4BT

Phone 0300 013 3333 Extn 40700

 

The information contained in or attached to this message is intended only
for the people to whom it is addressed. If you are not the intended
recipient, any use, storage, disclosure or copying of this information is
unauthorised and prohibited. This information may be confidential or
subject to legal privilege. If you have received this email in error
please notify the sender immediately by using the reply facility in your
email software and then delete the email from your inbox. The contents of
this message do not represent the expressed view of Ards and North Down
Borough Council unless that is clearly stated. The Council cannot accept
liability in the event that the onward transmission, opening, or use of
this message and/or any attachments adversely affects the recipient's
systems or data. Personal information contained in or attached to this
message will be processed in line with the Council’s obligations under the
Data Protection Act 2018, its Data Protection Policy and for the purpose
for which it was provided. If you have a data protection query, please put
your request in writing, stating clearly who you are and your query to:
Data Protection Officer, Ards and North Down Borough Council, Town Hall,
The Castle, Bangor, BT20 4BT, email:
[email address], tel: 0300 013 3333 or visit the
Council’s website at www.ardsandnorthdown.gov.uk/privacy-and-....

References

Visible links
1. mailto:[email address]

FOI, Ards and North Down Borough Council

4 Attachments

Dear Mr Smith,

We refer to the above matter and write further to your request for
information of 28^th May 2019.

You had requested information regarding the Councillors’ development,
procedure, criteria and scrutiny process of the designation of the Commons
as a site for motorhome servicing and camping, which has been processed in
accordance with the Freedom of Information Act 2000 and please see
Council’s response below.

Request

I also ask for full details, including any notes, reports, memos and
internal or external correspondence referred to, of the development,
procedure, criteria and scrutiny applied by Councillors in the
‘designation’ process of the Commons, Donaghadee as a ‘site’ for motorhome
servicing and camping, as referred to by the Senior Council Official in
the 16th May 2019 edition of County Down Spectator.

Response

Please find attached:

o P&R Agenda Item 06.08.09 – ‘Aires de Services Provision For Motorhome
Tourists’ Memorandum from Legacy Ards Borough Council’s Director of
Development to the Chief Executive and the Policy and resources
Committee, August 2009
o P&R Minute Extract 06.08.09 – Extract of the decision of August 2009
Legacy Ards Borough Council’s P&R Committee regarding the ‘Aires de
Services Provision For Motorhome Tourists’ Memorandum
o P&R Agenda Item 08.12.11 – ‘Aire de Services at The Commons,
Donaghadee’ Memorandum from Legacy Ards Borough Council’s Project
Officer to Chief Executive, December 2011
o P&R Minute Extract 08.12.11 – Extract of the decision of December 2011
Legacy Ards Borough Council’s P&R Committee regarding the ‘Aires de
Services at The Commons, Donaghadee’ Memorandum.

We trust this is of assistance. However, should you be unhappy with our
response in this matter you may request an Internal Review of our response
and you can contact [1][Ards and North Down Borough Council request email] in that regard. Please
note that requests for Internal Reviews must be submitted within one month
from the date of this response. In the event you are unhappy with the
outcome of any Internal Review conducted by Council you may apply to the
Information Commissioner's Office (ICO) for a review of our response.
Please note that the ICO generally expects Internal Reviews to be
completed prior to reviewing the decisions of public bodies.

Regards,

 

FOI Team

Ards and North Down Borough Council

Town Hall

The Castle

Bangor

BT20 4BT

Tel: 0300 013 3333 ext 40718

 

The information contained in or attached to this message is intended only
for the people to whom it is addressed. If you are not the intended
recipient, any use, storage, disclosure or copying of this information is
unauthorised and prohibited. This information may be confidential or
subject to legal privilege. If you have received this email in error
please notify the sender immediately by using the reply facility in your
email software and then delete the email from your inbox. The contents of
this message do not represent the expressed view of Ards and North Down
Borough Council unless that is clearly stated. The Council cannot accept
liability in the event that the onward transmission, opening, or use of
this message and/or any attachments adversely affects the recipient's
systems or data. Personal information contained in or attached to this
message will be processed in line with the Council’s obligations under the
Data Protection Act 2018, its Data Protection Policy and for the purpose
for which it was provided. If you have a data protection query, please put
your request in writing, stating clearly who you are and your query to:
Data Protection Officer, Ards and North Down Borough Council, Town Hall,
The Castle, Bangor, BT20 4BT, email:
[email address], tel: 0300 013 3333 or visit the
Council’s website at www.ardsandnorthdown.gov.uk/privacy-and-....

References

Visible links
1. mailto:[Ards and North Down Borough Council request email]