The City of Cambridge (Permitted Parking and Special Parking Area)(Waiting Restrictions and Street Parking Places)(Consolidation) Order 2004

Ben Harris made this Freedom of Information request to Cambridgeshire County Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Waiting for an internal review by Cambridgeshire County Council of their handling of this request.

The City of Cambridge (Civil Enforcement Area) (Waiting Restrictions and Street Parking Places) Order 2008 mentions in article 22.1 an earlier order, The City of Cambridge (Permitted Parking and Special Parking Area)(Waiting Restrictions and Street Parking Places)(Consolidation)
Order 2004, which it revokes. Could you please send me any parts of that order or its amendments which amend or revoke in whole or part any of the following orders:

The City of Cambridge Area Z (Consolidation) Order 1991

The City of Cambridge Area A (Consolidation) Order 1993

The City of Cambridge Area B (Consolidation) Order 1993

The City of Cambridge Area C (Consolidation) Order 1993

The City of Cambridge Area D (Consolidation) Order 1993

The City of Cambridge Area E (Consolidation) Order 1993

The City of Cambridge Area F (Consolidation) Order 1993

The City of Cambridge Area G (Consolidation) Order 1993

The City of Cambridge Area H (Consolidation) Order 1993

The County of Cambridgeshire (Northern Historic City Centre, Cambridge) (Pedestrian Zone and Peripheral Streets) Order 1993

The Cambridgeshire County Council (Bridge Street Area, Cambridge) Order 1998

Cambridge Road Milton and Cowley Road Cambridge Prohibition of Driving Order 2002

I'm quite happy to receive more information than this, so if sending me the entire order (and any relevant amendments) is easier, that won't be a problem.

Thanks in advance.

Ben Harris

Jon Peatfield left an annotation ()

Is http://www.opsi.gov.uk/si/si2004/2004242... what you want?

I cn't find any reference to "The City of Cambridge (Civil Enforcement Area) (Waiting Restrictions and Street Parking Places) Order 2008" in the opsi system but I may just be looking in the wrong places...

-- Jon Peatfield

Jon Peatfield left an annotation ()

I should add that I found this because I was looking for "special parting area" or "special enforcement area" references to verify that the "Traffic Management Act 2004 (c. 18)" was applicable (sections 84-86 about dropped-curbs)...

Ben Harris left an annotation ()

That's rather interesting, but I don't think it's the right order. I expect the one I've asked for to be the one that defined all the parking places, double yellow lines, and so forth in Cambridge, much as the Civil Enforcement Area order that followed it did. In particular, I hope it will have revoked all the parts of the older traffic regulation orders that it replaced.

I expect that the order I want was made by the City Council, so it's not likely to be published anywhere yet.

FOI, Cambridgeshire County Council

1 Attachment

Dear Mr Harris,

Please find attached Cambridgeshire County Council's response to your
request for information.

Please contact me if I can be of any further assistance to you.

Kind regards

Sarah Priestley
Information Governance Officer
Information Governance

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Dear Sir or Madam,

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

I would like to request a review of your decision, reference FOI 303466, not to release to me some information from The City of Cambridge (Permitted Parking and Special Parking Area)(Waiting
Restrictions and Street Parking Places)(Consolidation) Order 2004 ("the 2004 Order") and its amendments.

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

This should be treated both as a complaint under your complaints procedure and a request for reconsideration under Regulation 11 of the Environmental Information Regulations 2004 ("EIR"). I shall send copies both by email and on paper.

In reviewing the decision, please consider the following:

The refusal notice characterised my request as being for "a copy of The City of Cambridge (Permitted Parking and Special Parking Area)(Waiting Restrictions and Street Parking Places)(Consolidation) Order 2004, along with 12 other Orders". This is incorrect. My request was for those parts of the 2004 Order (and
potentially any amendments to it) that revoked any part of those 12 orders. My expectation is that this will amount to a couple of pages of text at most.

EIR 12(4)(b)

In a recent decision notice (ref FS50176016), the Information Commissioner considered (paragraph 67) the relationship between EIR regulation 12(4)(b) and the Freedom of Information and Data Protection
(Appropriate Limit and Fees) Order 2004 ("the Fees Regulations") and found that a request that would not have exceeded the appropriate limit had FOIA applied was not manifestly unreasonable under EIR
regulation 12(4)(b).

The Fees Regulations allow for the aggregation of requests for similar information made over a period of 60 working days. In assessing the cost of my requests, you seem to have aggregated my requests from 2nd October 2008 to 28th April 2009, a period of 144 working days. I expect that aggregating this request with a permitted set of others will give a cost within the relevant limit, but I cannot be sure since you have not broken down the costs claimed.

EIR 14(2)

Under EIR regulation 14(2), you are required to refuse requests "as soon as possible". Given your responses to the previous two requests, it would seem that you decided not to provide any further information to me electronically on or before 15th May, so the additional delay before you refused the request on 27th May is unjustified.

EIR 14(3)(b)

Under EIR regulation 14(3)(b), you are obliged to specify the matters that you considered in reaching your decision on the public interest. You have not done this.

EIR 6(1)(b)

While I have been told (and have found) that current Traffic Regulation Orders are available to view at Castle Court, I did not notice any revoked orders there, and I have never been told that revoked orders are available for public inspection anywhere.

For EIR regulation 6(1)(b) to apply, the information must be both publicly available and easily accessible to the applicant. Your reply only referred to the first of these tests, which suggests that you may have omitted to consider the other.

EIR 6(2)(a)

Under EIR regulation 6(2)(a), you are required to explain (and thus announce) your decision to apply Regulation 6(1)(b) "as soon as possible". Given your responses to the previous two requests, it would seem that you decided not to provide any further information to me electronically on or before 15th May, so the additional delay before you explained your decision in this case on 27th May is unjustified.

EIR 9(1)

Under Regulation 9(1), you have an obligation to provide me with advice an assistance so far as that would be reasonable. If revoked traffic regulation orders are available for public inspection, I think
it would have been reasonable for you to tell me when and where they were available.

FOIA 17(1)

My request, in addition to being a request for environmental information under EIR, was also a request for information under the Freedom of Information Act 2000 ("FOIA"). Thus, you should have sent me a notice under FOIA section 17(1) stating which FOIA exemptions applied and if relevant one under FOIA section 17(3) explaining the reasons why the public interest in disclosure was outweighed by the public interest in maintaining those exemptions. This is not a purely technical point: the exemption under FOIA section 39 is qualified by a public-interest test and the provisions of EIR regulation 6 are very different from those of FOIA section 21.

Yours sincerely,

Ben Harris

Ganesh Sittampalam left an annotation ()

They've had their eight weeks now, did they respond?

Ben Harris left an annotation ()

No response as yet either here or by post. I'll give them a couple more days and then start prodding.

On 27th May I sent you a request for reconsideration of your response to a request for information, reference FOI 303466. I was expecting to receive notification of your decision last week, that being the time limit under regulation 11(4) of the Environmental Information Regulations 2004, but I haven't received any such notification. Can you please confirm that you received my request for reconsideration and tell me when I can expect a decision?

Thanks in advance.

Ben Harris

FOI, Cambridgeshire County Council

Dear Mr Harris,

Thank you for your email.

Unfortunately, due to illness, absences and other factors, we are
experiencing a back log of work in the Information Governance Team.
Please be assured that we will be responding to your email in due
course.

Please accept my apologies for any inconvenience this delay may cause.

Kind regards
Sarah Priestley

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On 27th May this year I sent you a request for reconsideration of your response to a request for information, reference FOI 303466. On 30th July you assured me that I would receive a reply "in due course". Can you confirm that you are still intending to do so, and maybe give some idea of the likely timescale involved?

Thanks in advance.

Ben Harris

Ben Harris left an annotation ()

I sent the Council a letter on Saturday (28th November) asking what was happening with this complaint.

Ben Harris left an annotation ()

Because I suspect that the Council was right to refuse this request on the grounds of cost, I've made effectively the same request again rather waste the ICO's time with an unfounded complaint. My hope is that my few recent requests will have been cheap enough that this one won't be manifestly unreasonable.

<http://www.whatdotheyknow.com/request/th...>