Dear South Gloucestershire Council,

Under the Environmental Information Regulations, I would like to request a copy of:

1/ The digitised version / working copy of your Definitive Map of Public Rights of Way as stored for use in a GIS software application or interactive online map. My preferred format for this GIS data would be one of KML, GeoJSON, MapInfo or Shapefile. (I realise that this data is not the actual Definitive Map, but just an unofficial representation of it, which may contain errors. But that is fine for my purposes.)

2/ Your Definitive Statements of Public Rights of Way, assuming these are held in digital form (either scanned copies or native digital versions). I would prefer the information in a re-usable (computer readable) format. If the full Statement information is already contained in the GIS data supplied for part 1, then that will satisfy this part of the request, and there is no need to provide anything separately.

Secondly, under the Re-Use of Public Sector Information Regulations, I would like to request permission to re-use the information above under the Open Government Licence v3. The purposes for which the information is to be re-used are: (a) to help improve the mapping of Rights of Way in OpenStreetMap, and (b) to convert the datasets to a more convenient format, and then make them available for others to re-use under an open licence.

Yours faithfully,

Robert Whittaker

ECSFeedback, South Gloucestershire Council

Dear Mr Whittaker,

Thank you for your recent request for information under the Freedom of Information Act, which was received by the Environment & Community Services Department on 19th August 2019.  Please note that this is also the date that the 20 day period for considering your request commenced.

Your request will now be considered in accordance with the Act by our Rights of Way Team under reference number FIDP/013510-19.

In the event that the information you have requested is to be disclosed, it will be sent to you no later than 17th September 2019.  If we are unable to respond by this date then we will contact you to agree a suitable alternative date to respond to your request.

If you have any queries, please do not hesitate to contact us.

Kind regards,

Sue

Sue Lomax
Departmental Feedback Officer,
Environment and Community Services Dept.
 
South Gloucestershire Council
Department for Environment and Community Services
PO Box 1954
Information Management Team
Bristol
BS37 0DD
 
Working days: Thursday & Friday
Tel: (01454) 863405
Email:  [email address]

Dear South Gloucestershire Council,

Under the Environmental Information Regulations, I would like to request a copy of:

1/ The digitised version / working copy of your Definitive Map of Public Rights of Way as stored for use in a GIS software application or interactive online map. My preferred format for this GIS data would be one of KML, GeoJSON, MapInfo or Shapefile. (I realise that this data is not the actual Definitive Map, but just an unofficial representation of it, which may contain errors. But that is fine for my purposes.)

2/ Your Definitive Statements of Public Rights of Way, assuming these are held in digital form (either scanned copies or native digital versions). I would prefer the information in a re-usable (computer readable) format. If the full Statement information is already contained in the GIS data supplied for part 1, then that will satisfy this part of the request, and there is no need to provide anything separately.

Secondly, under the Re-Use of Public Sector Information Regulations, I would like to request permission to re-use the information above under the Open Government Licence v3. The purposes for which the information is to be re-used are: (a) to help improve the mapping of Rights of Way in OpenStreetMap, and (b) to convert the datasets to a more convenient format, and then make them available for others to re-use under an open licence.

Yours faithfully,

Robert Whittaker

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show quoted sections

Nicola Chidley, South Gloucestershire Council

1 Attachment

Dear Mr Whitaker

 

Please find attached the response for tour Freedom of Information request.

 

Please advise suitable email address for sending the map dataset over and
I will arrange for it to be sent. Please advise preferred format ie
Mapinfo TAB or ESRI shape.  Please note statement/disclaimer that MUST be
attached to any copies of this dataset and must appear to anyone viewing
it.  

 

Kind regards

 

Nicola

 

Nicola Chidley

Senior Public Rights of Way Officer

Engineering and Asset Team

South Gloucestershire Council

01454 863784

[1][email address]

 

P Please consider the environment before printing this e-mail

 

_______________________________________________________________
 
South Gloucestershire Council    Achieving excellence for our residents
and their communities, ensuring South Gloucestershire continues to be a
great place to live and work

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Dear Nicola Chidley,

Many thanks for your response. I would prefer the GIS data in ESRI shapefile format. Please could you email it to the "From" address used in this email.

Yours sincerely,

Robert Whittaker

Nicola Chidley, South Gloucestershire Council

4 Attachments

Dear Mr Whittaker

 

Please find attached the South Gloucestershire Public rights of way
dataset correct as of 28 August 2019.

This data may only be used with the following statement: "The PROW dataset
in South Gloucestershire area has been provided on this date (28 August
2019) and is not maintained thereafter by the Authority. The precise line
of a right of way can only be determined by referring to the Definitive
Map (at 1:10560 scale). The Council can accept no responsibility for any
error or inaccuracy which may arise from the transposition of the rights
of way Definitive Map to a different scale not for any updates not
included."

 

Kind regards

 

Nicola

 

Nicola Chidley

Senior Public Rights of Way Officer

Engineering and Asset Team

South Gloucestershire Council

01454 863784

[email address]

 

 Please consider the environment before printing this e-mail

 

 

show quoted sections

Dear Nicola Chidley,

Many thanks for your response to my request and for providing the data. I've like to query one thing though in relation to the disclaimer. If I am reading your response correctly, you have agreed to licence the dataset for re-use under the terms of the Open government Licence (OGL) v3, but you are also requiring a particular disclaimer to appear with the dataset. Could you clarify whether this disclaimer can be taken to be the "attribution statement specified by the Information Provider(s)" as described in the Open Government Licence at http://www.nationalarchives.gov.uk/doc/o... , or is your requirement for the disclaimer an additional condition on top of the Open Government Licence?

(If there is an additional condition apart from the need to use a particular "attribution statement", then it would mean that the dataset cannot just be used under the Open Government Licence alone. This would be an unfortunate complication of the licensing, and would harm the interoperability of the dataset with other data. If this is the case then I would probably need to ask you to review your decision. So I hope that your disclaimer requirement can indeed be satisfied by the disclaimer being used as the OGL's "attribution statement", without it being an additional condition on re-use.)

Yours sincerely,

Robert Whittaker

Nicola Chidley, South Gloucestershire Council

Dear Mr Whittaker

Thank you for your email. The disclaimer is effectively the attribution statement but nonetheless is in line with the regulations set out in The Re-use of Public sector Information regulations 2005.

I hope that this helps

Kind regards

Nicola

Nicola Chidley
Senior Public Rights of Way Officer
Engineering and Asset Team
South Gloucestershire Council
01454 863784
[email address]

 Please consider the environment before printing this e-mail

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Dear Nicola Chidley,

Many thanks for the quick response, but I'm afraid I'll have to ask if you can be a bit more precise. Your use of "effectively" suggests that may be some difference, which could be important. What I really need to know is the following:

"Can I re-use the GIS data under the terms of the Open Government Licence, using the disclaimer as your specified 'attribution statement', with no additional requirements/conditions on the use?"

In other words, I need to be sure that you're not imposing any other conditions with the disclaimer beyond what is already in the Open Government Licence. It's really important for the project I'm involved with that the licence is clearly specified and understood. Any additional conditions or variations would need special treatment or may preclude the use of the data altogether. Hence I need to be sure that there's nothing extra to comply with beyond the standard OGL terms.

Thanks again,

Robert Whittaker

Dear South Gloucestershire Council,

Can I remind you of my email to Nicola Chidley of 29th August 2019, which is available online at https://www.whatdotheyknow.com/request/p... ? I do not appear to have received a response yet. Would someone be able to look in to this and get back to me please?

The precise licensing conditions are crucial for my indented use of your information. If the information cannot be re-used under the Open Government Licence without any additional conditions, then I would regard this as an unnecessary restriction on the re-use, which would be a breach on your part of the Regulation 12(2)(a) of the Re-Use of Public Sector Information Regulations 2015.

Yours faithfully,

Robert Whittaker

Nicola Chidley, South Gloucestershire Council

Dear Mr Whitaker

 

Apparently there is some confusion so I hope that the following helps
clarify the situation.

 

You can reuse the PROW GIS dataset that was supplied under the terms of
the Open Government Licence. You must make sure the disclaimer is used
with it as this tells anyone viewing it that it was supplied on a certain
date and will be out of date if any changes are made as a result of legal
order coming into operation.  The disclaimer does not make any additional
requirements it is  a warning statement to alert people of the date when
it was supplied.

 

Here is the disclaimer that contains an attribution statement (ie where
the dataset has been derived from) that has to be borne in mind when using
the dataset as it will become out of date after the date provided.

 

"The PROW dataset in South Gloucestershire area has been provided on this
date (28 August 2019) and is not maintained thereafter by the Authority.
The precise line of a right of way can only be determined by referring to
the Definitive Map (at 1:10560 scale). The Council can accept no
responsibility for any error or inaccuracy which may arise from the
transposition of the rights of way Definitive Map to a different scale not
for any updates not included."

 

Kind regards

 

Nicola

 

 

Nicola Chidley

Senior Public Rights of Way Officer

Engineering and Asset Team

South Gloucestershire Council

01454 863784

[1][email address]

 

P Please consider the environment before printing this e-mail

 

From: Nicola Chidley
Sent: 28 August 2019 15:01
To: Robert Whittaker <[FOI #597916 email]>
Subject: RE: FOI request received, ref: FIDP/013510-19 from Robert
Whittaker [EXTERNAL]

 

Dear Mr Whittaker

 

Please find attached the South Gloucestershire Public rights of way
dataset correct as of 28 August 2019.

This data may only be used with the following statement: "The PROW dataset
in South Gloucestershire area has been provided on this date (28 August
2019) and is not maintained thereafter by the Authority. The precise line
of a right of way can only be determined by referring to the Definitive
Map (at 1:10560 scale). The Council can accept no responsibility for any
error or inaccuracy which may arise from the transposition of the rights
of way Definitive Map to a different scale not for any updates not
included."

 

Kind regards

 

Nicola

 

Nicola Chidley

Senior Public Rights of Way Officer

Engineering and Asset Team

South Gloucestershire Council

01454 863784

[2][email address]

 

 Please consider the environment before printing this e-mail

 

 

show quoted sections

Dear Nicola Chidley,

I'm sorry, but your response is still not completely clear from a legal point of view. It is the act of needing to include the disclaimer that could be an additional requirement over and above what is specified in the OGL. I need to make sure that there are no additional requirements imposed to be able to use the data for my intended use. It sounds like you would be happy for your disclaimer to be used as the "attribution statement" that is referred to in the OGL, rather than it being a additional requirement for me to include it, but I need you to confirm this explicitly.

A statement from you of the form: "You may use the information under the OGL, provided that the attached disclaimer is used as the specified attribution statement." would do this (as long as there are no other conditions attached).

I think this would achieve your aims, in that the terms of the OGL would then force users to "include or link to the attribution statement". However, in your correspondence to date you have instead imposed the use of the attribution statement as an additional condition, separate from the requirements in the OGL itself.

I'm sorry if this appears to be being pedantic, but as I said before, if you are imposing the use of the disclaimer via an additional condition, it will mean I cannot use the information in the way I wanted. If it is being imposed via the OGL's attribution clause, then it is fine.

Many thanks,

Robert Whittaker

Nicola Chidley, South Gloucestershire Council

Dear Mr Whitaker

You may use the information under the OGL, provided that the attached disclaimer is used as the specified attribution statement.

Kind regards

Nicola

Nicola Chidley
Senior Public Rights of Way Officer
Engineering and Asset Team
South Gloucestershire Council
01454 863784
[email address]

 Please consider the environment before printing this e-mail

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Dear Nicola Chidley,

That's perfect. Many thanks for your time and consideration.

Yours sincerely,

Robert Whittaker

Nicola Chidley, South Gloucestershire Council

I am away from the office until Wednesday 16 October 2019.

 

I will be checking my emails.

Please email [email address] if urgent. 

 

_______________________________________________________________
 
South Gloucestershire Council    Achieving excellence for our residents
and their communities, ensuring South Gloucestershire continues to be a
great place to live and work

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