Information request
Our reference: IR323978

show quoted sections

Information request
Our reference: IR323978

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Dear Ms. Pollock
 
Thank you for your request for information received on 14 May 2020
concerning I am looking to find out if the following orders have been
made/implemented and if so when

London Borough of Lambeth (Brixton Hill East) (Parking Places) (No ) Order
201

London Borough of Lambeth (Free Parking Places) (Buses) (No ) Order 201
Belvedere Road

London Borough of Lambeth (St Agnes Place) (Traffic Calming)

London Borough of Lambeth (Waiting and loading restrictions) (Amendment
No. *) Order 201* Kennington Park

London Borough of Lambeth - Construction of New Road Humps in Baldry
Gardens

London Borough of Lambeth Pedestrian Crossings Westminster Bridge Road

London Borough of Lambeth Proposed Construction of New Road Humps and
Changes to Existing Road Humps in Guaden road and Sherwood Avenue and
Adjacent Side Roads

London Borough of Lambeth Proposed Construction of New Road Humps and
Changes to Existing Road Humps in Emmanuel Road and Hydethorpe Road London
Borough of Lambeth Proposed Construction of New Road Humps in Claylands
Road and Thorne Road London Borough of Lambeth Proposed Construction of a
New Road Hump (Speed Table to Raised Table) at the junction of Thornton
Road, Hudethorpe Road and Parkthorne Road.
 
This request is being handled under the Freedom of Information Act 2000.
 
I am writing to ask you to clarify your request. This is because we need
further details from you in order to identify and locate the information
requested.

Therefore I should be grateful if you would advise me what date these
notices appeared in the Press. This is because we could have advertised
the making of several orders with those titles in that year, and need to
ensure we are supplying information based on the specific notice(s) you
are enquiring about
 
I will not be able to take this matter further without this extra
information from you. Please let me know by 27/05/2020.
 
If I do not hear from you within the timeframe provided, I shall take it
that you do not wish to pursue this request and will consider the request
closed.
 
If you need assistance, please contact me on 0207 926 1783 or
[email address]. Please remember to quote our reference
number,IR323978, in any future communications.
 
Yours sincerely
 
 
Sarah Williams4
Complaints and Information Officer
 
FOI team
London Borough of Lambeth
 
Tel. 0207 926 1783
E-mail [email address]
Website: [1]www.lambeth.gov.uk
 
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Information request
Our reference: IR326634

show quoted sections

Dear Ms Pollock

Thank you for your request received on 11 June 2020.   This request is
being handled under the Environmental Information Regulations 2004 (EIR). 
Please find below our response to the information you requested, which
was:

Dear Lambeth Borough Council,

I am looking to find out if the following orders have been
made/implemented and if so when

London Borough of Lambeth (Brixton Hill East) (Parking Places) (No ) Order
201 advertised in the London gazette dated the 22/03/2017

London Borough of Lambeth (Free Parking Places) (Buses) (No ) Order 201
Belvedere Road advertised in the south London press dated the 07/07/17

London Borough of Lambeth (St Agnes Place) (Traffic Calming) advertised in
the southwark news 09/11/17

London Borough of Lambeth Proposed Construction of New Road Humps and
Changes to Existing Road Humps in Emmanuel Road and Hydethorpe Road (2017)
advertised in the Lambeth weekender 25/04/2017

London Borough of Lambeth (Waiting and loading restrictions) (Amendment
No. *) Order 201* Kennington Park advertised in the southwark news
09/11/17

London Borough of Lambeth - Construction of New Road Humps in Baldry
Gardens advertised in the south London press 16/06/2017

London Borough of Lambeth Pedestrian Crossings Westminster Bridge Road
advertised in the south London press 14/07/2017

London Borough of Lambeth Proposed Construction of New Road Humps and
Changes to Existing Road Humps in Guaden road and Sherwood Avenue and
Adjacent Side Roads advertised in the south London press the 12/05/2017

London Borough of Lambeth Proposed Construction of New Road Humps in
Claylands Road and Thorne Road 2017 south London press 12/05/2017 

London Borough of Lambeth Proposed Construction of a New Road Hump (Speed
Table ro Raised Table) at the junction of Thornton Road, Hudethorpe Road
and Parkthorne Road 2017 advertised south London press 16/06/2017

Our Response

We cannot comply with this request as we consider that it is manifestly
unreasonable in accordance with Regulation 12 (4) (b) EIR. We consider
that this Regulation applies due to the amount of time it would take us to
collate information to respond to the request and the burden the request
places on our authority.

We note the Commissioner’s position, as explained by the [1]East Devon
District Council case at paragraph 17:-

The EIR differ from the FOIA in that no specific limit is set on the
amount of work required by an authority to respond to a request as
provided by section 12 of the FOIA. The Freedom of Information and Data
Protection (Appropriate Limit and Fees) Regulations 2004 (the fees
regulations) which apply in relation to section 12 of the FOIA are not
directly relevant to the EIR - the cost limit and hourly rate set by the
fees regulations do not apply in relation to environmental information.
However, the Commissioner accepts that the fees regulations provide a
useful starting point where the reason for citing regulation 12(4)(b) is
the time and cost of a request but they are not a determining factor in
assessing whether the exception applies.

The Fees Regulations used by FOIA explains that the Council can refuse to
comply with a request if the cost of compliance will exceed the
Appropriate Limit under section 12. The limit is currently set at £450
which is the equivalent to 18 hours at £25 per hour.

We can also consider the time it would take our team to review the
information and apply any relevant exceptions. From our preliminary
assessment, we estimate that to retrieve and collate the requested
information to comply with your request would exceed the appropriate costs
limit under Regulation 12 (4) (b) EIR.

Public Interest in Disclosure

We note that Regulation 12 (2) has a presumption of disclosure.

We also note that this matter is likely to be of interest to the local
community.

Public Interest in maintaining the exception

We consider that compiling a response to this request would be a
significant diversion of resources which would not be in the public
interest as it may disrupt other decision-making or other workloads. It is
not in the public interest to divert officer’s attention from their core
work in order that we respond to a request made by one individual which
may have limited wider public interest.

We consider overall that the public interest in maintaining the exception
outweighs the public interest in disclosure.

Our Highways Service has also advised that we do make orders for road
humps or zebra crossings and the notices that are advertised are ways of
informing the public that this is what the council intends to implement. 
Additionally, our Highways Service has advised that they do not collate
records on the status of an installation and the only way of knowing
whether a crossing or road humps were installed is by carrying out a site
inspection at each of the stated locations.

In accordance with Regulation 14  this correspondence represents a Refusal
Notice.

Right to Review

If you are dissatisfied with the way in which your Environmental
Information Regulations request has been dealt with you can request an
internal review.  Tell us why you are unhappy with our response within 40
working days, and it will be looked at afresh. We will aim to provide you
with our review response within 20 working days.

By email: [2][Lambeth Borough Council request email] (Please quote the reference number above)
or by writing to:

Freedom of Information
London Borough of Lambeth

P.O. Box 734

Winchester

S023 5DG

If you remain dissatisfied with the outcome of the review you have a
further right to appeal to the Information Commissioner, which regulates
the implementation of the Freedom of Information Act.  The Commissioner
can be contacted at the following address:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Enquiry line: 0303 123 1113

Website: [3]https://ico.org.uk/global/contact-us/

Thank you for your interest in Lambeth Council.

Corporate Complaints Unit

London Borough of Lambeth

Finance and Resources Department

Team Tel:  020 7926 0547

Website: [4]www.lambeth.gov.uk

Copyright

Some of the information that we provide in response to Freedom of
Information Act 2000 requests will be subject to copyright protection. In
most cases the copyright will be owned by Lambeth Council.

Applications for permission to reproduce extracts in published works,
should be made to the Freedom of Information Co-ordinator, London Borough
of Lambeth, P.O. Box 734, Winchester, S023 5DG.  Email:
[5][Lambeth Borough Council request email]

You are free to use any information supplied for your own non-commercial
research or private study purposes. The information may also be used for
any other purpose allowed by a limitation or exception in copyright law,
such as news reporting.

However, any other type of re-use, for example by publishing the
information in analogue or digital form, including on the internet, will
require the permission of the copyright owner.

The copyright in other information may be owned by another person or
organisation, is indicated on the information itself.  For information
where the copyright is owned by another person or organisation you must
apply to the copyright owner to obtain their permission.

Direct Marketing

If an organisation intends to use personal names and addresses from what
has been supplied to you for direct marketing, the organisation needs to
be registered with the Information Commissioner to process Personal Data
for this purpose.

Organisations must also check that the individual (whom you wish to
contact for direct marketing purposes) is not registered with one of the
Preference Services to prevent Direct Marketing, if they are you must
adhere to this Preference. Follow this Link [https://ico.org.uk/] for more
information. 

"This email (and/or attachments) may contain information that is legally
privileged.  If you have received this in error please delete all content
and notify the sender immediately."

Disclaimers apply - full details at [6]www.lambeth.gov.uk/email-disclaimer

References

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