Section 31 Highways Act 1980
Dear Greenwich Borough Council,
Section 31 of the Highways Act 1980 advises that areas of unrestricted public access for more than 20 years can become dedicated as Highway.
Primrose Jetty next to the Thames Path is one such location which has had unrestricted public access since 1998 following its upgrade detailed here:
Primrose Wharf Jetty
"Access improvements and surfacing to the jetty, with its spectacular views up and down river, were carried out in 1998, resulting in a large increase in public usage. The jetty surface and flood defence wall were adapted to enable
disabled access. Delivered by: The Greenwich Experience
Funded by: LDA Designed by: Jonathan Louth Associates and The Greenwich Experience. Subsequently an industrial heritage information panel has been installed on the parapet railings by the Deptford Discovery Team"
Will the Borough proceed with dedicating this public access jetty as 'Highway' and backdating the Highway status to the 20th anniversary of it being provided for the public ?
Yours faithfully,
Ralph Hardwick
Dear Mr Hardwick
Freedom of Information request: FOI-66859
Thank you for your request dated 27 July 2022.
Your request will be answered by 24 August 2022.
If you have any queries about this request, please contact me, quoting the
reference number above.
Yours sincerely,
David White
Head of Information, Safety and Community Services
Directorate of Communities, Environment and Central
Royal Borough of Greenwich
* 3^rd Floor, The Woolwich Centre, 35 Wellington Street, London, SE18
6HQ
8 [1]www.royalgreenwich.gov.uk
ü Please consider the environment before printing this email
Dear Mr Hardwick
Freedom of Information request: FOI-66859
Thank you for your request dated 27 July 2022 in which you ask;
Section 31 of the Highways Act 1980 advises that areas of unrestricted
public access for more than 20 years can become dedicated as Highway.
Primrose Jetty next to the Thames Path is one such location which has had
unrestricted public access since 1998 following its upgrade detailed here:
Primrose Wharf Jetty
"Access improvements and surfacing to the jetty, with its spectacular
views up and down river, were carried out in 1998, resulting in a large
increase in public usage. The jetty surface and flood defence wall were
adapted to enable disabled access. Delivered by: The Greenwich Experience
Funded by: LDA Designed by: Jonathan Louth Associates and The Greenwich
Experience. Subsequently an industrial heritage information panel has been
installed on the parapet railings by the Deptford Discovery Team"
Will the Borough proceed with dedicating this public access jetty as
'Highway' and backdating the Highway status to the 20th anniversary of it
being provided for the public ?
Our response is as follows:
Highway authorities do not dedicate rights of way under s.31 of the
Highways Act.
Acting in its capacity as local highway authority, the Royal Borough of
Greenwich does not recognise a public right of way having come into being
on Primrose Wharf Jetty by deemed dedication.
As permitted by [1]s.58 of the Wildlife and Countryside Act 1981, the
Royal Borough does not record public rights of way. It is therefore not
possible for someone to make an application under section 53 of the
Wildlife & Countryside Act 1981 to have Primrose Wharf Jetty recorded as a
public right of way.
Whilst no right of way exists over it, Primrose Wharf Jetty remains a
valuable community facility.
If you have any queries about this correspondence, please contact me,
quoting the reference number above.
If you are not satisfied with our response to your request, you can ask
for an Internal Review. Internal review requests must be submitted within
two months of the date of receipt of the response to your original
request. If you wish to do this, please contact us in writing, setting
out why you are dissatisfied.
If you are not satisfied with the outcome of the Internal Review, you may
apply directly to the Information Commissioner (ICO) for a decision.
Generally, the ICO cannot make a decision unless you have exhausted the
Internal Review procedure provided by the Council. You can contact the ICO
by emailing [2][email address], or by post at Customer Contact,
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
SK9 5AF.
Yours sincerely,
David White
Head of Information, Safety and Community Services
Directorate of Communities, Environment and Central
Royal Borough of Greenwich
* 3^rd Floor, The Woolwich Centre, 35 Wellington Street, London, SE18
6HQ
8 [3]www.royalgreenwich.gov.uk
ü Please consider the environment before printing this email
From: foi <[Greenwich Borough Council request email]>
Sent: 27 July 2022 17:05
To: 'Ralph Hardwick' <[FOI #882515 email]>
Cc: foi <[Greenwich Borough Council request email]>
Subject: FOI-66859: Freedom of Information request - Section 31 Highways
Act 1980
Dear Mr Hardwick
Freedom of Information request: FOI-66859
Thank you for your request dated 27 July 2022.
Your request will be answered by 24 August 2022.
If you have any queries about this request, please contact me, quoting the
reference number above.
Yours sincerely,
David White
Head of Information, Safety and Community Services
Directorate of Communities, Environment and Central
Royal Borough of Greenwich
* 3^rd Floor, The Woolwich Centre, 35 Wellington Street, London, SE18
6HQ
8 [4]www.royalgreenwich.gov.uk
ü Please consider the environment before printing this email
Dear Greenwich Borough Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Greenwich Borough Council's handling of my FOI request 'Section 31 Highways Act 1980'.
In a recent consultation TfL suggest that as Primrose Jetty has been in unrestricted public access since 1998 it therefore could be dedicated as Highway under Section 31 of the Highways Act 1980.
The response received appears to ignore the legislation contained within S31 of the Highways Act 1980.
It would appear that either TfL or the response to this FOI is incorrect.
For that reason I am requesting an internal review.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...
Yours faithfully,
Ralph Hardwick
Dear Mr Hardwick
Freedom of Information request Internal Review: FOI-IR-66859
Thank you for your request for an Internal Review regarding our response
to your Freedom of Information request.
Your request is being dealt with under the terms of the Freedom of
Information Act 2000 and will be answered within twenty working days.
If you have any queries, please contact me, quoting the reference number.
If you are not content with the outcome of the Internal Review, you can
apply directly to the Information Commissioner (ICO) for a decision.
Generally, the ICO cannot make a decision unless you have exhausted the
Internal Review procedure provided by the Council. The Information
Commissioner can be contacted at: The Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
Yours sincerely,
David White
Head of Information, Safety and Community Services
Directorate of Communities, Environment and Central
Royal Borough of Greenwich
* 3^rd Floor, The Woolwich Centre, 35 Wellington Street, London, SE18
6HQ
8 [1]www.royalgreenwich.gov.uk
ü Please consider the environment before printing this email
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