Yellow Box, Westwood Ho, Grimsby

Colin Webb made this Freedom of Information request to North East Lincolnshire Council

The request was successful.

From: Colin Webb

7 March 2012

Dear North East Lincolnshire Council

I would be most grateful if the Council could explain the purpose
of the yellow box on the eastbound carriageway of Westwood Ho,
Grimsby just before the junction of the said road and Bargate.

http://g.co/maps/ev7gw

Yours faithfully

Colin Webb

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From: PPD - FOI
North East Lincolnshire Council

8 March 2012

Dear Mr Webb

I am pleased to acknowledge your request for information, which has been
allocated the reference number FOI/231411/12.

Your request has been passed to the relevant department for processing
and you can expect your response within the 20 working day limit. If it
will take us longer than 20 working days to respond to you, we will
inform you of this and provide you with the expected date for receiving
a response.

Further information about how we will deal with your Freedom of
Information requests is available on our website at:
http://www.nelincs.gov.uk/council/the-co...
-of-information.

Please feel free to contact me if you require any further information or
assistance quoting the reference number above.

Yours sincerely

Freedom of Information Officer
North East Lincolnshire Council

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From: PPD - FOI
North East Lincolnshire Council

19 March 2012

Dear Mr Webb
 
In response to your request FOI/231411/12, I can confirm that North East
Lincolnshire Council holds the information you have requested.
 
You asked the if the Council could explain the purpose of the yellow box
on the eastbound carriageway of Westward Ho, Grimsby just before the
junction of the said road and Bargate.
 
The yellow box was installed on the road some years ago. Its purpose is to
encourage traffic not to queue across a private driveway.  This was
provided as a resident was required to provide emergency cover and
frequently was unable to access/egress the property with queuing traffic
obstructing the access.
 
If you require any further clarification or details, please do not
hesitate to contact me, quoting the reference number above.
 
If you are unhappy with the response you have received, you have the right
to request an internal review by the Council. If following this you are
still dissatisfied you may contact the Office of the Information
Commissioner. If you wish to request an internal review, please contact me
and I will make the necessary arrangements.
 
Yours sincerely
 
Paul Ellis
Corporate Records and Information Manager
North East Lincolnshire Council
 

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From: Colin Webb

20 March 2012

Dear North East Lincolnshire Council,

Thank you for your response.

The Council states:

“The yellow box was installed on the road some years ago. Its
purpose is to encourage traffic not to queue across a private
driveway. This was provided as a resident was required to provide
emergency cover and frequently was unable to access/egress the
property with queuing traffic obstructing the access.”

Other than to prevent obstructions at junctions, yellow box
markings, including half box markings, may be used outside police,
fire, ambulance stations or hospitals only where there is an access
road forming a junction with the main road. In special cases, a
yellow box can also be employed to break queues through an
exceptionally narrow pinch point in a road.

Although the yellow box at Westwood Ho may comply with diagram 1044
in the Traffic Signs Regulations and General Directions 2002, it
also subject to Schedule 19 part 2 on page 411 of TSRGD 2002. This
defines a 'box junction' and included in the definition that it is
'at the junction of two or more roads'. Local authorities do not
have powers to amend this definition without Parliamentary process.

Please provide me with a copy of the relevant parliamentary
amendment to the definition that permits the Council to install a
yellow box to encourage traffic not to queue across a private
driveway in North East Lincolnshire.

Obviously, prior to the installation of the yellow box the Council
performed a traffic survey/report to determine the extent of the
traffic problem in this area of Westwood Ho. I would be grateful if
the Council could provide me with a copy of this traffic
survey/report and any consultation with Humberside Police together
with all reviews of the survey/report and their relevant dates.
Reviews are available since the Council have a duty to be aware of
any changes to the resident’s personal circumstances, for example,
retirement, change of occupation or property sold etc.

Additionally, I would also be grateful if the Council could inform
me of the installation and maintenance costs to date pertaining to
this particular yellow box and the total number of penalty charge
notices (if any), including the amount of revenue raised from these
PCNs, that were issued to motorists arising from contraventions of
it

Thank you for anticipated cooperation.

Yours sincerely,

Colin Webb

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From: PPD - FOI
North East Lincolnshire Council

21 March 2012

Dear Mr Webb

I am pleased to acknowledge your request for information, which has been allocated the reference number FOI/241811/12.

Your request has been passed to the relevant department for processing and you can expect your response within the 20 working day limit. If it will take us longer than 20 working days to respond to you, we will inform you of this and provide you with the expected date for receiving the response.

Further information about how we will deal with your Freedom of Information requests is available on our website at: http://www.nelincs.gov.uk/council-and-de...

Please feel free to contact me if you require any further information or assistance quoting the reference number above.

Yours sincerely

Paul Ellis
Corporate Records and Information Manager
North East Lincolnshire Council

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From: PPD - FOI
North East Lincolnshire Council

17 April 2012

Dear Mr Webb
 
Thank you for your information request, reference number FOI/2418_1112, in
response to which I am pleased to provide the following:
 
A) Please provide me with a copy of the relevant parliamentary amendment
to the definition that permits the Council to install a yellow box to
encourage traffic not to queue across a private driveway in North East
Lincolnshire. Obviously, prior to the installation of the yellow box the
Council performed a traffic survey/report to determine the extent of the
traffic problem in this area of Westwood Ho. I would be grateful if the
Council could provide me with a copy of this traffic survey/report and any
consultation with Humberside Police together with all reviews of the
survey/report and their relevant dates. Reviews are available since the
Council have a duty to be aware of any changes to the resident’s personal
circumstances, for example, retirement, change of occupation or property
sold etc.
 
No written records are held by the Traffic Management team pertaining to
the installation of the yellow box junction marking in this location. The
information provided to you in response to your request 2314/1112 was
based on the knowledge of officers working in the Traffic Management team.
 
Our current professional view in this situation is that the marking should
not be of this form, but rather a white “KEEP CLEAR” text (diagram 1026 of
the TSRGD). Arrangements will be made for the  replacement of the yellow
box with white “KEEP CLEAR” text .
 
B) Additionally, I would also be grateful if the Council could inform me
of the installation and maintenance costs to date pertaining to this
particular yellow box and the total number of penalty charge notices (if
any), including the amount of revenue raised from these PCNs, that were
issued to motorists arising from contraventions of it.
 
We do not hold information specifically in relation to the cost of the
installation and maintenance of this particular yellow box, as the work
identified would be delivered as part of a wider programme. Based on the
time needed for these particular markings in the average day rate, when
done in conjunction with other road marking works, we estimate they would
cost approximately £150 on each occasion.
 
North East Lincolnshire Council does not hold any information in regards
to the number of PCNs issued or the revenue generated due to
contraventions of the yellow box. You will need to contact Humberside
Police in relation to this information.
 
If you are unhappy with the response you have received, you have the right
to request an internal review by the Council. If following this you are
still dissatisfied you may contact the Office of the Information
Commissioner. If you wish to request an internal review, please contact me
and I will make the necessary arrangements.
 
Yours sincerely
 
Paul Ellis
Team Manager - Information Governance, Complaints and Consultation
North East Lincolnshire Council
Municipal Offices
Town Hall Square
Grimsby
North East Lincolnshire
DN31 1HU
 
Tel (01472) 32 3372 
 
E-mail [email address]
 
 
 
 
 
 

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From: Colin Webb

19 April 2012

Dear North East Lincolnshire,

Thank you for your response.

In relation to the Council’s recognition of their unlawful
installation and use of a yellow box junction in this particular
area of Westwood Ho, they state:

“No written records are held by the Traffic Management team
pertaining to the installation of the yellow box junction marking
in this location. The information provided to you in response to
your request 2314/1112 was based on the knowledge of officers
working in the Traffic Management team.

Our current professional view in this situation is that the marking
should not be of this form, but rather a white “KEEP CLEAR” text
(diagram 1026 of the TSRGD). Arrangements will be made for the
replacement of the yellow box with white “KEEP CLEAR” text .”

The Council claim that the installation of the yellow box was
‘based on the knowledge’ of Council employees and nothing was ever
properly documented, which as of result is maladministration.
Additionally, I am unable to envisage how the Council have
determined that ‘KEEP CLEAR’ advisory road markings can be
installed in this area of Westwood Ho without proper and documented
consultation unless they have determined a recent application from
the resident concerned. If this is the case, then I would be
grateful for a copy of the Council’s decision in respect of the
application.

Furthermore, the Council have not advised me as to who will be
paying for the installation of the ‘KEEP CLEAR’ advisory road
markings in this area of Westwood Ho and would therefore be
grateful if they could inform me as to the total costs of removing
the yellow box and installing the new road markings, and any
associated posts and signs, and whether or not the taxpayers of the
borough will incur this cost on behalf of the resident, and if so,
state the specific reasons why taxpayers should incur this cost.

I would also be grateful if the Council’s Traffic Management team
could also further enlighten me as to the nature of the emergency
cover provided by the resident concerned and inform me as to
whether or not this particular individual is an employee of North
East Lincolnshire Council.

Yours sincerely,

Colin Webb

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Bradley Roberts left an annotation ( 5 May 2012)

Quote-marks Another illegal act by our council. Methinks a call to the Information Commissioner is called for to force them to reply.

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From: PPD - FOI
North East Lincolnshire Council

9 May 2012

Dear Mr Webb 
 
Thank you for your information request, reference number 2418/1112, in
response to which I am pleased to provide the following:
 
1) You state in your correspondence that 'The Council claim that the
installation of the yellow box was ‘based on the knowledge’ of Council
employees and nothing was ever properly documented, which as of result is
maladministration.
 
The response provided to your request was 'No written records are held by
the Traffic Management team pertaining to the installation of the yellow
box junction marking in this location. The information provided to you in
response to your request 2314/1112 was based on the knowledge of officers
working in the Traffic Management team'.
 
The response was produced following searches of the Council's recorded
information. Records would have been made at the time of the installation
of the yellow box documenting the process in accordance with agreed
procedures, but these records were not found during the searches made.
Whilst no written records were available in relation to the questions you
raised in request 2314/1112, members of the Traffic Management team had
some knowledge of the installation and used this to answer your questions
rather than provide a response of this information is not held. The term
'based on the knowledge of officers working in the Traffic Management
team' therefore relates to the source of the information provided in
response to the questions raised in your request 2314/1112, not the
activities relating to the actual installation of the yellow box.
 
2) Additionally, I am unable to envisage how the Council have determined
that ‘KEEP CLEAR’ advisory road markings can be installed in this area of
Westwood Ho without proper and documented consultation unless they have
determined a recent application from the resident concerned. If this is
the case, then I would be grateful for a copy of the Council’s decision in
respect of the application.
 
No application or request for the road markings on this area of Westward
Ho to be changed have been received from local residents. No final
decision has yet been taken on the proposal to remove or replace the
yellow box. Consultation will be undertaken with affected residents,
informing them of the inappropriateness of the yellow box, before any
final decision is taken on new road markings.
 
3) Furthermore, the Council have not advised me as to who will be paying
for the installation of the ‘KEEP CLEAR’ advisory road markings in this
area of Westwood Ho and would therefore be grateful if they could inform
me as to the total costs of removing the yellow box and installing the new
road markings, and any associated posts and signs, and whether or not the
taxpayers of the borough will incur this cost on behalf of the resident,
and if so, state the specific reasons why taxpayers should incur this
cost.
 
As stated in response to question 2, no final decision has been taken in
regard to the road markings, therefore no information is currently held in
relation to the costs that could be incurred in relation to this potential
work. Based on similar works, it can be estimated that the removal of the
yellow box would cost in the region of £600 and the installation of new
markings would cost in the region of £200.
 
4) I would also be grateful if the Council’s Traffic Management team could
also further enlighten me as to the nature of the emergency cover provided
by the resident concerned and inform me as to whether or not this
particular individual is an employee of North East Lincolnshire Council.
 
This information is not held by North East Lincolnshire Council
 
 
If you are unhappy with the response you have received, you have the right
to request an internal review by the Council. If following this you are
still dissatisfied you may contact the Office of the Information
Commissioner. If you wish to request an internal review, please contact me
and I will make the necessary arrangements.
 
Yours sincerely
 
Paul Ellis
Team Manager - Information Governance, Complaints and Consultation
North East Lincolnshire Council
 
 
 

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Bradley Roberts left an annotation (15 May 2012)

Quote-marks Strange...on March 19 the council replied that the yellow box "was provided as a resident was required to provide emergency cover" so MUST know what type of emergency cover is being provided as the request for a yellow box MUST have been in writing, and the council MUST have asked what the emergency cover was. Also, why is the council being so coy about revealing whether of not the resident is a council employeee.

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From: Colin Webb

31 May 2012

Dear North East Lincolnshire Council,

Within their response dated 9th May 2012, the Council stated:

“Consultation will be undertaken with affected residents, informing
them of the inappropriateness of the yellow box, before any final
decision is taken on new road markings.”

The Council have since taken their decision and installed ‘KEEP
CLEAR’ advisory road markings in this location. Consequently I
would be grateful if they could now provide a full and complete
copy of the consultation and the Council’s determination as of
result.

The Council also stated:

“As stated in response to question 2, no final decision has been
taken in regard to the road markings, therefore no information is
currently held in relation to the costs that could be incurred in
relation to this potential work. Based on similar works, it can be
estimated that the removal of the yellow box would cost in the
region of £600 and the installation of new markings would cost in
the region of £200.”

As the Council have since installed the new advisory road markings,
I would be grateful if they could now inform me as to the exact
costs incurred, including copies of invoices, for the removal of
the yellow box junction and associated signs together with the
exact costs incurred, including copies of invoices, for the
installation of the new advisory road markings and associated signs
(if any).

Additionally, I would also be grateful if the Council could inform
me as to who paid these particular costs.

Thank you for your anticipated cooperation.

Yours sincerely,

Colin Webb

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From: Angove, James
North East Lincolnshire Council

1 June 2012

Dear Colin

I am pleased to acknowledge your request for information, which has been allocated the reference number 2856_1213.

Your request has been passed to the relevant department for processing and you can expect your response within the 20 working day limit. If it will take us longer than 20 working days to respond to you, we will inform you of this and provide you with the expected date for receiving a response.

Further information about how we will deal with your Freedom of Information requests is available on our website at: http://www.nelincs.gov.uk/council-and-de....

Please feel free to contact me if you require any further information or assistance quoting the reference number above.

Yours sincerely

Admin Assistant

North East Lincolnshire Council

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From: PPD - FOI
North East Lincolnshire Council

15 June 2012


Attachment Westward Ho Letter.pdf
167K Download View as HTML


Dear Mr Webb 
 
Thank you for your request under the Freedom of Information Act made on
31st May 2012 reference number FOI/2856/1213.
 
Under section 1 of the Act I wish to confirm that North East Lincolnshire
Council holds the information you have requested.
 
The Council have since taken their decision and installed ‘KEEPCLEAR’
advisory road markings in this location. Consequently I
would be grateful if they could now provide a full and complete copy of
the consultation and the Council’s determination as of
result.
Local residents were informed that the yellow box marking was to be
removed following its presence being correctly questioned by a member of
the public. The new marking installed as a replacement now conforms to the
details given in The Traffic Regulation and General Directions 2002
(diagram 1026) which indicates a part of the carriageway which should be
kept clear of stationary vehicles and as such is an advisory marking. I
have attached a copy of this letter for your reference.
As the Council have since installed the new advisory road markings, I
would be grateful if they could now inform me as to the exact
costs incurred, including copies of invoices, for the removal of the
yellow box junction and associated signs together with the
exact costs incurred, including copies of invoices, for the installation
of the new advisory road markings and associated signs
(if any). Additionally, I would also be grateful if the Council could
inform me as to who paid these particular costs.
The works were procured and paid for by the Council's partner Balfour
Beatty WorkPlace. The Council therefore does not hold details of the cost
of these particular works or any invoices associated with these works. The
Council’s contract with Balfour Beatty WorkPlace includes the provision of
all traffic management services in North East Lincolnshire.
 
 
If you are unhappy with the response you have received, you have the right
to request an internal review by the Council. If following this you are
still dissatisfied you may contact the Office of the Information
Commissioner. If you wish to request an internal review, please contact me
and I will make the necessary arrangements.
 
Yours sincerely
 
Business Support Specialist
North East Lincolnshire Council
 
 

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From: Colin Webb

6 July 2012

Dear North East Lincolnshire Council,

Within their response dated 9th May 2012, the Council stated:

"Consultation will be undertaken with affected residents, informing
them of the inappropriateness of the yellow box, before any final
decision is taken on new road markings."

In view of their letter to the resident, I would be grateful if the
Council could confirm as to whether or not any consultation took
place, and if so, provide me with a complete copy of it.

Additionally, I would also be grateful if the Council could provide
me with a copy of their final decision including a copy of all
background documents associated with it.

Thank you for your cooperation.

Yours sincerely,

Colin Webb

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From: PPD - FOI
North East Lincolnshire Council

9 July 2012

Dear Colin

I am pleased to acknowledge your request for information, which has been allocated the reference number 3083_1213.

Your request has been passed to the relevant department for processing and you can expect your response within the 20 working day limit. If it will take us longer than 20 working days to respond to you, we will inform you of this and provide you with the expected date for receiving a response.

Further information about how we will deal with your Freedom of Information requests is available on our website at: http://www.nelincs.gov.uk/council-and-de....

Please feel free to contact me if you require any further information or assistance quoting the reference number above.

Yours sincerely

Admin Assistant

North East Lincolnshire Council

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From: PPD - FOI
North East Lincolnshire Council

24 July 2012

Dear Mr Webb
 
Thank you for your request under the Freedom of Information Act made on
6th July 2012, reference number FOI/3083/1213.
 
Under section 1 of the Act I wish to confirm that North East Lincolnshire
Council holds the information you have requested.
 
In view of their letter to the resident, I would be grateful if the
Council could confirm as to whether or not any consultation took place,
and if so, provide me with a complete copy of it.
No comments or feedback was received from any of the properties who were
informed of the proposal by letter. We have already supplied a copy of the
letter, which therefore completes the documentation the Council has on the
consultation.
 
Additionally, I would also be grateful if the Council could provide me
with a copy of their final decision including a copy of all background
documents associated with it.
The decision to replace these markings did not require a formal order and
was taken within the delegated powers of the traffic management section in
line with relevant legislation and guidance, specifically The Traffic
Regulation and General Directions 2002 (diagram 1026).
 
If you require any further clarification or details, please do not
hesitate to contact me, quoting the reference number above.
 
If you are unhappy with the response you have received, you have the right
to request an internal review by the Council. If following this you are
still dissatisfied you may contact the Office of the Information
Commissioner. If you wish to request an internal review, please contact me
and I will make the necessary arrangements.
 
Yours sincerely
 
Paul Ellis
Team Manager - Information Governance, Complaints and Consultation,
Informatics and Research| North East Lincolnshire Council
 

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From: Colin Webb

28 July 2012

Dear North East Lincolnshire Council,

The Council state:

"The decision to replace these markings did not require a formal
order and was taken within the delegated powers of the traffic
management section in line with relevant legislation and guidance,
specifically The Traffic Regulation and General Directions 2002
(diagram 1026)."

My message of 6th July 2012 states:

"In view of their letter to the resident, I would be grateful if
the Council could confirm as to whether or not any consultation
took place, and if so, provide me with a complete copy of it.

Additionally, I would also be grateful if the Council could provide
me with a copy of their final decision including a copy of all
background documents associated with it."

However, in respect of the traffic management section’s delegated
decision the Council have:

1) failed to provide details of any due consultation and the taking
of professional advice from officers;
2) failed to provide details of how their action was proportionate
to the desired outcome;
3) failed to provide details of clarity of aims and how the desired
outcome was achieved;
4) failed to provide details of what options were considered before
their decision was reached;
6) failed to provide details of an assessment of any known or
emerging risks before making their decision; and
7) failed to provide details of the reasons why their decision was
made.

Despite the Council’s assurance that all decisions will be made in
accordance with their principles of decision making including a
presumption in favour of openness, they have failed to provide any
information to substantiate the traffic management section’s
delegated decision despite my request.

Consequently, I now request an internal review.

Yours faithfully,

Colin Webb

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From: PPD - FOI
North East Lincolnshire Council

30 July 2012

Dear Mr Webb

I am pleased to acknowledge your request for an Internal Review of your request 3083-1213.

Your request has been passed to the relevant department for processing and you can expect a response within the 20 working day limit. If it will take us longer than 20 working days to respond to you, we will inform you of this and provide you with the expected date for receiving the response.

Further information about how we will deal with your Freedom of Information requests is available on our website at: http://www.nelincs.gov.uk/council-and-de...

Please feel free to contact me if you require any further information or assistance quoting the reference number above.

Yours sincerely

Paul Ellis
Team Manager - Information Governance, Complaints and Consultation
North East Lincolnshire Council

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From: PPD - FOI
North East Lincolnshire Council

24 August 2012

Dear Mr Webb
 
An Internal Review has taken place into North East Lincolnshire Council's
handling of your information request FOI3083-1213, which relates to the
yellow box markings on Westward Ho, Grimsby.
 
I have reviewed the responses provided to you and find that North East
Lincolnshire Council has met its responsibilities to you under the Freedom
of Information Act, namely:

 

• To inform you whether or not the information is held by North East
Lincolnshire Council;
• To comply with the request within the statutory time of 20 working days;
• To provide you with the information disclosable under the Act;
• To explain, if appropriate, why the information cannot be supplied to
you; and
• To provide you with your rights of appeal.

Within your request for an Internal Review, you specifically focus on the
lack of any information released relating to the decision to replace the
yellow box markings. Having reviewed the process followed to decide upon
replacing the markings, as this did not involve the introduction or
alteration of a Traffic Regulation Order, the Council does not hold
documentation relating to this decision. As your request asked for a copy
of the decision and background documents associated with it, the Council
responded that the decision did not require a formal order. Whilst this
met our responsibilities under the Freedom of Information Act, to allow
members of the public not familiar with Traffic Regulation Orders to more
easily interpret this information, the Council’s response could have more
clearly highlighted the implication of there being no formal order was
that no decision document or other documents were produced during the
decision process.

I trusted that this review now answers the queries you raised. If you are
dissatisfied with the Council’s handling of your request, or the decision
of the internal review you can request an independent review by contacting
the Information Commissioner's Office at Wycliffe House, Water Lane,
Wilmslow, Cheshire SK9 5AF.
 
Yours sincerely on behalf of North East Lincolnshire Council

Paul Ellis

Team Manager - Information Governance, Complaints and Consultation

Informatics and Research

North East Lincolnshire Council

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From: Colin Webb

22 June 2013

Dear North East Lincolnshire Council,

Thank you for your response.

Yours sincerely,

Colin Webb

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