Public footpath prohibition of pedestrian orders

The authority would like to / has responded by postal mail to this request.

Dear Isle of Wight Council,

Please provide all information and reports regarding the closures of the following footpaths (including the reasons for the continuing closure), all of which have been temporarily closed for at least 4 years.

Public Footpath C34, Whale Chine, Chale, Isle of Wight
Public Footpath V124, The Undercliff, Ventor, Isle of Wight
Public Footpath NT47, Reeth Bay, Niton, Isle of Wight
Public Footpath NT48, Puckastar, Niton, Isle of Wight
Public Footpath NT49, Puckastar, Niton, Isle of Wight
Public Footpath NT50, Puckastar, Niton, Isle of Wight
Public Footpath NT51, Puckastar, Niton, Isle of Wight
Public Footpath CS35, Gurnard Sea Wall, Isle of Wight
Public Footpath NT30, Niton, Isle of Wight
Public Footpath N59, Carisbrooke, Isle of Wight
Public Footpath BB10, Bembridge, Isle of Wight
Public Footpath V90, Ventor, Isle of Wight

Yours faithfully,

Jonathan Combe

Jolliff, Gill, Isle of Wight Council

Thank you for your information request dated 17 August which is currently
being considered.

 

As required by the Freedom of Information Act 2000, the Isle of Wight
Council will respond to you as soon as possible and no later than 20
working days after the receipt of your request.

 

Under the Act, there is a limit for responding to requests where they
exceed the Appropriate Fee Limit as set out in the Freedom of Information
and Data Protection (Appropriate Limit and Fees) Regulation 2004. The fee
limit is set down by the Lord Chancellor and is £450 which equates to a
maximum of 18 hours of search and retrieval time. 

 

Should your request fall into this category, we will notify you as soon as
possible, to discuss any options available to you.

 

If you have any complaints in respect of your information request, please
write to the Corporate Information Unit, County Hall, Newport, Isle of
Wight, PO30 1UD. Or by email to [1][email address], or complete the on-line
appeals form that can be found at [2]www.iwight.com/information. If your
complaint is not resolved to your complete satisfaction, you have the
ultimate right, once you have exhausted the internal appeals process, to
appeal to the Information Commissioner.

 

Regards

 

Mrs Gill Jolliff / Business Support Manager / Highways and Transport /
County Hall/ High Street /  Newport / Isle of Wight PO30 1UD

Tel: (01983) 823777

Email: [email address]

Web: www.iwight.com

 

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third parties under either the Data Protection Act 1998 or the Freedom of
Information Act 2000 to the extent the law allows and in accordance with
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References

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1. mailto:[email address]
2. http://www.iwight.com/information

Jolliff, Gill, Isle of Wight Council

6 Attachments

Mr Combe

 

Thank you for your information request dated 17 August regarding closures
of footpaths on the island.

 

Please find attached correspondence regarding temporary closure orders for
all the footpaths listed by you which have been extended by the Secretary
of State until 30 June 2013.

 

The application letter attached dated 8 December 2011 sets out the reasons
for the closures and a strategy for resolving them on a more permanent
basis either by works to re-open the paths or, if this cannot be achieved,
to pursue Traffic Regulation Orders.  The strategy indicates the likely
approach in each case.

 

The strategy is being implemented and it is expected that V124 and NT30
will be re-opened following works.  The feasibility of a diversion of BB10
is being investigated including negotiations with landowners.  The V90
closure is no longer required as a diversion order has been confirmed and
the new path is open.

 

I have also attached consultant reports for C34 Whale Chine and SS3
Luccombe Chine.  There are no other reports available.

 

Some of the information that we provide in response to Freedom of
Information Act requests may be subject to copyright protection. In most
cases the copyright will be owned by the Isle of Wight Council. The
copyright in other information may be owned by another person or
organization, as indicated on the information itself.

 

You are free to use any information supplied for your own non-commercial,
research, or private study purposes. However, if you intend to use the
information for other reasons, please contact the Corporate Information
Unit for advice.

 

Please contact me again if you require any further assistance on this
matter and I will do my best to provide relevant help and advice.

 

If you have any complaints in respect of your information request, please
write to the Corporate Information Unit at the above address, or complete
the on-line appeals form that can be found at www.iwight.com/information. 
If your complaint is not resolved to your complete satisfaction, you have
the ultimate right, once you have exhausted the internal appeals process,
to appeal to the Information Commissioner.

 

Regards

 

Mrs Gill Jolliff / Business Support Manager / Highways and Transport /
County Hall/ High Street /  Newport / Isle of Wight PO30 1UD

Tel: (01983) 823777

Email: [email address]

Web: www.iwight.com

 

Important Information - Disclosure, Confidentiality and Monitoring of this
email

This email communication may be monitored by the Isle of Wight Council for
regulatory, quality control, or crime detection purposes.

If you are not the Intended Recipient please contact the sender as soon as
possible. It is intended only for the personal attention of the named
person, firm or company to whom it is addressed. It may contain
information that is privileged and confidential in law. Accordingly any
unauthorised dissemination, distribution, copying or other use of this
message or any of its content by any other person may constitute a breach
of civil or criminal law and is strictly prohibited. No mistake in
transmission is intended to waive or compromise any such privilege. Any
views expressed in this message are those of the individual sender and may
not necessarily reflect the views of the Isle of Wight Council.

The information contained in this e-mail may be subject to disclosure to
third parties under either the Data Protection Act 1998 or the Freedom of
Information Act 2000 to the extent the law allows and in accordance with
the Isle of Wight Council's policies on information management. (If you
wish the disclosure of the information in any reply to be restricted
please make this clear in your response).

Dear Jolliff, Gill,

Thank you for providing the information. This covers the most recent extension to the closure orders but not the reasons for the first and subsequent extensions. I am interested in the reasons that these closures have been extended so many times and not actioned sooner. Could you please also provide the information as to why it has been necessary to extend these closures several times.

Yours sincerely,

Jonathan Combe

Jolliff, Gill, Isle of Wight Council

Mr Combe

Further to your e-mail of 29 August, the initial reason for closing the paths in all cases was because they had become unsafe. In most cases this was due to coastal erosion and land movement, but in other cases due to unsafe structures. The closures are maintained by approved extensions because the unsafe conditions persist. In most cases no remedial action is practicable so the closures have been long term and are likely to be made permanent for the foreseeable future.

Regarding NT47, 48, 49, 50 and 51, physical conditions are such that no works are possible as explained in our letter to the Secretary of State dated 8 December 2011.

Physical conditions relating to C34 and SS3 are such that no works are possible for reasons given in the reports which I have already sent to you.

The closure of NT30 and N59 was extended in order for us to determine who has liability for their repair. In the case of NT30 this has now been resolved but not in the case of N59.

Footpath V124 was affected by the major land movement which affected Undercliff Drive. Reinstatement was originally to be part of the Undercliff Drive works which unfortunately did not take place. However, the work to the footpath is now going to be undertaken by our Rights of Way team later this year.

Regards,

Mrs Gill Jolliff / Business Support Manager / Highways and Transport / County Hall/ High Street / Newport / Isle of Wight PO30 1UD
Tel: (01983) 823777
Email: [email address]
Web: www.iwight.com

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Dear Jolliff, Gill,

Thank you for your further response. Regarding path C34 the report does not say that no works are possible. It says that works are possible but would be expensive and there is a question mark over how long reinstatment would last. However I would point out the report is dated April 2009, which is over 3 years ago and the situation appears to be largely unchanged since then. By that I mean the remainder of the steps are still intact (and regularly used) and the base of the cliffs appears unchanged from the photos so re-instatement in 2009 is likely to have lasted at least 3 years. In addition some of the conclusions don't seem to be true. For instance the report states "It should be noted that if reinstating the path is worth investing in now then logically it would be worth repeating after it next fails as the drivers would remain the same". However the letter I have from you states the "after many years of reinstating the path in whatever way has been possible....". Therefore the path has been reinstated in the past but is now not. So clearly repairing the path does not commit the council to repair it in future since if that were the case it would not be out of repair now (and have been so for such a long time).

Finally could I please ask you supply all information as originally requested? For example the first attachment "Application letter 8 Dec 2011" is a reply to a letter from 4 November which has not been included in your response.

Yours sincerely,

Jonathan Combe

Jolliff, Gill, Isle of Wight Council

I am on leave until Monday 24 September. If you need an urgent response please contact Sarah Chambers or Vic King.

Important Information - Disclosure, Confidentiality and Monitoring of this email

This email communication may be monitored by the Isle of Wight Council for regulatory, quality control, or crime detection purposes.

If you are not the Intended Recipient please contact the sender as soon as possible. It is intended only for the personal attention of the named person, firm or company to whom it is addressed. It may contain information that is privileged and confidential in law. Accordingly any unauthorised dissemination, distribution, copying or other use of this message or any of its content by any other person may constitute a breach of civil or criminal law and is strictly prohibited. No mistake in transmission is intended to waive or compromise any such privilege. Any views expressed in this message are those of the individual sender and may not necessarily reflect the views of the Isle of Wight Council.

The information contained in this e-mail may be subject to disclosure to third parties under either the Data Protection Act 1998 or the Freedom of Information Act 2000 to the extent the law allows and in accordance with the Isle of Wight Council's policies on information management. (If you wish the disclosure of the information in any reply to be restricted please make this clear in your response).

Chambers, Sarah, Isle of Wight Council

Dear Mr Coombe

Thank you for your e-mail addressed to Gill Jolliff. Unfortunately, Mrs Jolliff is currently on annual leave.

I will therefore look into your queries with the relevant department and respond to you as soon as possible.

If you have any queries in the meantime, please do not hesitate to contact me.

Kind regards

Sarah Chambers | Business Support Assistant
Highways Operational and Business Support | Isle of Wight Council |
Shared Service Centre | c/o County Hall | Newport | Isle of Wight | PO30 1UD
Tel. (01983) 823777 | E-mail: [email address] | Web: www.iwight.com

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Jolliff, Gill, Isle of Wight Council

1 Attachment

Mr Coombes

 

Further to your e-mail of the 13 September, please find attached a copy of
the letter from the Department for Transport dated 4 November.

 

While we understand your desire to have the access reinstated, it has been
explained previously why this is regrettably not possible. Should any of
the considerations previously mentioned change then the position can be
reviewed, but until that happens I don’t think there is anything further
that can be helpfully added to the debate on this issue.

 

Regards

 

Mrs Gill Jolliff / Business Support Manager / Highways and Transport /
County Hall/ High Street /  Newport / Isle of Wight PO30 1UD

Tel: (01983) 823777

Email: [email address]

Web: www.iwight.com

 

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Dear Isle of Wight Council,

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

I am writing to request an internal review of Isle of Wight Council's handling of my FOI request 'Public footpath prohibition of pedestrian orders'.

The request I made requests all information about the relevant paths. Although some information has been provided it is not complete. For example only the most recent reports have been supplied. Another Freedom of Information Request to the Department of Transport has revealed information the Isle of Wight Council submitted to the Department for Transport about the paths in question that they have not released under this request so I know that some information has not been supplied.

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

Yours faithfully,

Jonathan Combe

Freedom of Information, Isle of Wight Council

1 Attachment

Dear Mr Combe

Thank you for your email, requesting an internal review of your FOI request ref. IW12/8/33451. Details of your internal review/appeal have been recorded under the above reference number.

I have contacted colleagues in the relevant department to enquire as to whether there are any further records that are relevant to your request. I note that you refer to information provided to you by the Department of Transport as being evidence that further records are held by the council that have not been disclosed.

Colleagues have checked their records and have found a letter sent to the Department of Transport dated 24 October 2011 that was not provided in response to your initial request. A copy is attached for your information. In addition they have identified records relating to 'Applications for extensions to closures to footpaths'. These records contain not only the current extensions but also those applied for in previous years, dating back to 2006. When your initial request was processed, officers focussed on the most recent records. Due to the volume of paper records, it may not be possible to send these to you by email. The information can be made available for inspection at our Highways Department, Enterprise House, St Cross Business Park, Newport. Alternatively, paper copies can be provided if you can provide a postal address for them to be sent to. In addition, we may be able to put the information onto a cd.

Please let me know your preferred method to access these records so that we can resolve your request.

I look forward to hearing from you.

If you remain dissatisfied with the way in which the council has dealt with your request and internal review, you have the further right of appeal to the Information Commissioners Office. (www.ico.gov.uk).

Yours sincerely


Vanda Niemiec (Miss) | Corporate Information Unit | Legal Services | Isle of Wight Council | County Hall | Newport | Isle of Wight | PO30 1UD

Tel: (01983) 821000 | Email: [email address] | Web: www.iwight.com

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Dear Vanda Niemiec,

Thank you for your reply. I have tried to send an email providing my postal address to what I think is your email address (which unfortunately has been removed in your reply on this website). If you did not get it please let me know and I'll see if I can get it to you in some other way.

Yours sincerely,

Jonathan Combe