off street parking order for Berry Head car Park
Dear Torbay Borough Council,
1. Can you please supply a copy of the off street parking order for Berry Head Car Park, made in 2015, apparently owned by the Torbay Coast and Countryside Trust and confirm if they are still in force. If they are not in force, can you give the date that they were rescinded?
2. Can you confirm that the car park is on land owned by the Torbay Coast and Countryside Trust and on what basis an off street parking order can be made on land not owned by the local authority?
3. If the parking order is still in place,( or if rescinded, during the period that it was in force) can you confirm if Premier Park Ltd are / were empowered by the Local Authority to enforce parking restrictions on the above car park, as a private company?
4. If the order is still in place, ( or if rescinded, during the period that it was in force) can you confirm that this makes the Berry Head Car Park exempt from the provisions of Schedule 4 of the Protection of Freedoms Act 2015 in respect of keeper liability as is cannot be relevant land, as shown below:
3(1)In this Schedule “relevant land” means any land (including land above or below ground level) other than—
(a)a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);
(b)a parking place which is provided or controlled by a traffic authority;
(c)any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.
(2)In sub-paragraph (1)(b)—
“parking place” has the meaning given by section 32(4)(b) of the Road Traffic Regulation Act 1984;
“traffic authority” means each of the following—
(a)the Secretary of State;
(b)the Welsh Ministers;
(c)Transport for London;
(d)the Common Council of the City of London;
(e)the council of a county, county borough, London borough or district;
(f)a parish or community council;
(g)the Council of the Isles of Scilly.
(3)For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.
(4)In sub-paragraph (3) “statutory provision” means any provision (apart from this Schedule) contained in—
(a)any Act (including a local or private Act), whenever passed; or
(b)any subordinate legislation, whenever made,
and for this purpose “subordinate legislation” means an Order in Council or any order, regulations, byelaws or other legislative instrument.
Yours faithfully,
John Price
Dear Mr Price
Thank you for your request for information, which was received on 11
January 2016. We are currently processing your request and will contact
you within 20 working days.
If you have any queries regarding your request, please do not hesitate to
contact us, quoting the reference number above in all communications.
Yours sincerely
Bee Laithwaite
Information Compliance Support Officer
Torbay Council
Torquay Town Hall
Castle Circus
Torquay
TQ1 3DR
': 01803 207177
*: [1][email address]
[2]cid:image001.png@01CF5A20.BA7692A0
Dear Mr Price
Further to your request received on 11 January 2016, we have considered
your request under the Freedom of Information Act 2000 and I can confirm
that Torbay Council has completed its search for the information that you
requested.
This information is as follows:
1. Can you please supply a copy of the off street parking order for Berry
Head Car Park, made in 2015, apparently owned by the Torbay Coast and
Countryside Trust and confirm if they are still in force. If they are not
in force, can you give the date that they were rescinded?
The most recent Traffic Regulation Order implemented by Torbay Council for
the car park at Berry Head was the “Borough of Torbay (Torbay Coast &
Countryside Trust) Off Street Parking Places) Order 2013” (copy attached),
this TRO became effective as of 11th March 2013. The car park was enforced
under this TRO until 14th May 2015 when Parking Services received
instruction from Torbay Coast & Countryside Trust that they had arranged
for Premier Park to carry out enforcement of the car park from that date
forward.
2. Can you confirm that the car park is on land owned by the Torbay Coast
and Countryside Trust and on what basis an off street parking order can be
made on land not owned by the local authority?
Berry Head Car Park is on land owned by Torbay Council, which is leased to
Torbay Coast and Countryside Trust. The Council is permitted to write TROs
on land not owned by Torbay Council by virtue of Section 142 of the Road
Traffic Regulation Act 1984.
3. If the parking order is still in place,( or if rescinded, during the
period that it was in force) can you confirm if Premier Park Ltd are /
were empowered by the Local Authority to enforce parking restrictions on
the above car park, as a private company?
Torbay Council does not hold this information. TCCT are the lessees of
Berry Head Car Park. They are a private entity, and would be better
placed to answer queries upon enforcement of parking on their land and
whether those arrangements are subject to the Protection of Freedoms Act
2012.
4. If the order is still in place, ( or if rescinded, during the period
that it was in force) can you confirm that this makes the Berry Head Car
Park exempt from the provisions of Schedule 4 of the Protection of
Freedoms Act 2015 in respect of keeper liability as is cannot be relevant
land, as shown below:
3(1)In this Schedule “relevant land” means any land
(including land above or below ground level) other than—
(a)a highway maintainable at the public expense (within
the meaning of section 329(1) of the Highways Act 1980);
(b)a parking place which is provided or controlled by a
traffic authority;
(c)any land (not falling within paragraph (a) or (b)) on
which the parking of a vehicle is subject to statutory control.
(2)In sub-paragraph (1)(b)—
“parking place” has the meaning given by section 32(4)(b)
of the Road Traffic Regulation Act 1984;
“traffic authority” means each of the following—
(a)the Secretary of State;
(b)the Welsh Ministers;
(c)Transport for London;
(d)the Common Council of the City of London;
(e)the council of a county, county borough, London borough
or district;
(f)a parish or community council;
(g)the Council of the Isles of Scilly.
(3)For the purposes of sub-paragraph (1)(c) the parking of a vehicle on
land is “subject to statutory control” if any statutory
provision imposes a liability (whether criminal or civil,
and whether in the form of a fee or charge or a penalty of any kind) in
respect of the parking on that land of vehicles generally
or of vehicles of a description that includes the vehicle in question.
(4)In sub-paragraph (3) “statutory provision” means any
provision (apart from this Schedule) contained in—
(a)any Act (including a local or private Act), whenever
passed; or
(b)any subordinate legislation, whenever made,
and for this purpose “subordinate legislation” means an
Order in Council or any order, regulations, byelaws or other legislative
instrument.
Schedule 4 of the Protection of Freedoms Act 2012 does apply to Berry Head
Car Park.
The information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988. You are free to use it for your
own purposes, including any non-commercial research you are doing and for
the purpose of news reporting. Any other re-use, for example commercial
publication, would require the permission of the copyright holder.
Torbay Council publishes Access to Information requests and responses on
its online Disclosure Log. Only requests deemed to be in the public
interest will be included and any request included within this log will be
de-personalised accordingly.
To view the Council’s Disclosure Log, please visit
[1]www.torbay.gov.uk/disclosurelog
If you have any queries about this email please do not hesitate to contact
me directly, quoting the reference number listed at the top of this email
in all communications.
If you are unhappy with the Council’s response to your request and wish to
make a complaint please write to Information Compliance, Town Hall, Castle
Circus, Torquay, TQ1 3DR or complete the on-line complaint form that can
be found at [2]www.torbay.gov.uk.
If after going through the Council’s complaints process you are still not
satisfied, you can contact the Information Commissioner direct.
Information Commissioner Helpline: 08456 30 60 60
01625 54 57 45
Wycliffe House
01625 545700
Water Lane Switchboard:
01625 524510
Wilmslow Fax:
[3]www.ico.gov.uk
Cheshire SK9 5AF Website:
[4][email address]
Email (general):
Yours sincerely
Angela Hellier
Information Compliance Officer
Torbay Council
Email: [5][email address]
Phone: 01803 207413
Mail: Information Compliance, Torbay Council, Town Hall, Castle Circus,
Torquay TQ1 3DR
Find out more at: [6]www.torbay.gov.uk/accesstoinformation
Dear Freedom of Information,
Thank you for your reply, but it does not cover the question of when the parking order was rescinded. I want to know on what date the parking order was formally cancelled, not the date that Torbay Coast and Countryside Trust said that they had arranged to enforce the parking themselves. If all that happened was that they took over parking control, without due process then the off street parking order is still valid. I note that you say that "Parking Services received instruction from the Trust that Premier Park would carry out the enforcement of the car park from that date"
To help you with the answer, here is a quote from your website on how parking orders can be cancelled:
How do I request a change to, or the introduction of a new TRO?
If you wish to request changes to be made to introduce new waiting restrictions, or speed or weight limits, or for changes to be made to any existing restrictions in an area this must be made in writing to :
Residents & Visitor Services
Highways Management
Town Hall
Castle Circus
Torquay
TQ1 3DR.
This process can take 6 months to complete and advertising and legal fees can be substantial. Where a Traffic Order is being made to relax or de-restrict parking restrictions, these restrictions apply until the legal date of the TRO being made and residents, traders should not mistake the advertised 21 day period for any objections as the date after which the restrictions would no longer apply.
Can you confirm if this process has taken place, where it was advertised and what dates and if the necessary fees have been paid, and how much they were. This will then indicate on what date the TRO could cease to be legally binding. It clearly could not be the 14th May 2015 because that would have only be the start of the process.. Can you also supply me with a copy of the request from The Torbay Coast and Countryside Trust or any other body for the TRO to be cancelled. This is relevant to a private company issuing parking tickets on land which is still covered by parking regulations, as POFA 2012 does not apply while that is the case.
Yours sincerely,
John Price
Dear Mr Price
Thank you for your email dated 8 February 2016. Your comments have been
sent to the relevant department and I will contact you again as soon as I
have received their response.
Yours sincerely
Angela Hellier
Information Compliance Officer
Torbay Council
Email: [email address]
Phone: 01803 207413
Mail: Information Compliance, Torbay Council, Town Hall, Castle Circus,
Torquay TQ1 3DR
Find out more at: www.torbay.gov.uk/accesstoinformation
Dear Freedom of Information,
I would add to my last clarification request that if it it the councils position that Premier Park are now enforcing the parking on Berry Head car park as "Civil Enforcement officers" under the existing TRO, can you clarify when they were so authorised and when the TRO was amended to cover the 'rules' that Premier Park currently enforce, as they do not allow the extra hour for disabled motorists as set out in the TRO and they enforce parking via ANPR cameras which I understand are not allowed to be used for local authority enforcement.
Also has planning permission been granted for the erection of ANPR cameras? if so what was the date that planning consent was granted? If planning consent has not been obtained, can the council confirm that enforcement action will be taken against this planning breach?
Yours sincerely,
John Price
Dear Mr Price
Thank you for your request for information, which was received on 10
February 2016.
The following has been logged has a Freedom of Information request
if it is the councils position that Premier Park are now enforcing the
parking
on Berry Head car park as "Civil Enforcement officers" under the
existing TRO, can you clarify when they were so authorised and when
the TRO was amended to cover the 'rules' that Premier Park
currently enforce, as they do not allow the extra hour for disabled
motorists as set out in the TRO and they enforce parking via ANPR
cameras which I understand are not allowed to be used for local
authority enforcement.
We are currently processing your request and will contact you within 20
working days.
If you have any queries regarding your request, please do not hesitate to
contact us, quoting the reference number above in all communications.
Yours sincerely
Bee Laithwaite
Information Compliance Support Officer
Torbay Council
Torquay Town Hall
Castle Circus
Torquay
TQ1 3DR
': 01803 207177
*: [1][email address]
[2]cid:image001.png@01CF5A20.BA7692A0
Dear Mr Price
Thank you for your request for information, which was received on 10
February 2016.
Your request for the following question has been logged as an EIR
Has planning permission been granted for the erection of ANPR
cameras? if so what was the date that planning consent was granted?
If planning consent has not been obtained, can the council confirm
that enforcement action will be taken against this planning breach?
We are currently processing your request and will contact you within 20
working days.
If you have any queries regarding your request, please do not hesitate to
contact us, quoting the reference number above in all communications.
Yours sincerely
Bee Laithwaite
Information Compliance Support Officer
Torbay Council
Torquay Town Hall
Castle Circus
Torquay
TQ1 3DR
': 01803 207177
*: [1][email address]
[2]cid:image001.png@01CF5A20.BA7692A0
Dear Mr Price
Further to your email dated 8 February 2016 I have now received the
following comment from the department that provided the response to your
Freedom of Information request.
"Torbay Council have not received any instruction from the lessees to
revoke the Traffic Order, and we have no other documents that we are able
to disclose under FOI."
The information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988. You are free to use it for your
own purposes, including any non-commercial research you are doing and for
the purpose of news reporting. Any other re-use, for example commercial
publication, would require the permission of the copyright holder.
Torbay Council publishes Access to Information requests and responses on
its online Disclosure Log. Only requests deemed to be in the public
interest will be included and any request included within this log will be
de-personalised accordingly.
To view the Council’s Disclosure Log, please visit
[1]www.torbay.gov.uk/disclosurelog
If you have any queries about this email please do not hesitate to contact
me directly, quoting the reference number listed at the top of this email
in all communications.
If you are unhappy with the Council’s response to your request and wish to
make a complaint please write to Information Compliance, Town Hall, Castle
Circus, Torquay, TQ1 3DR or complete the on-line complaint form that can
be found at [2]www.torbay.gov.uk.
If after going through the Council’s complaints process you are still not
satisfied, you can contact the Information Commissioner direct.
Information Commissioner Helpline: 08456 30 60 60
01625 54 57 45
Wycliffe House
01625 545700
Water Lane Switchboard:
01625 524510
Wilmslow Fax:
[3]www.ico.gov.uk
Cheshire SK9 5AF Website:
[4][email address]
Email (general):
Yours sincerely
Angela Hellier
Information Compliance Officer
Torbay Council
Mail: Information Compliance, Torbay Council, Town Hall, Castle Circus,
Torquay TQ1 3DR
Find out more at: www.torbay.gov.uk/accesstoinformation
Dear Mr Price
Further to your request received on 10 February 2016, we have considered
your request under the Freedom of Information Act 2000 and I can confirm
that Torbay Council has completed its search for the information that you
requested.
This information is as follows:
1. Is the councils position that Premier Park are now enforcing
the parking on Berry Head car park as "Civil Enforcement officers" under
the
existing TRO, can you clarify when they were so authorised and when the
TRO was amended to cover the 'rules' that Premier Park
currently enforce, as they do not allow the extra hour for disabled
motorists as set out in the TRO and they enforce parking via ANPR
cameras which I understand are not allowed to be used for local authority
enforcement.
The TRO implemented by Torbay Council in 2013 related specifically to
enforcement carried out under the Traffic Management Act 2004, and may
only be carried out by local authorities. Questions regarding the parking
enforcement currently undertaken by Torbay Coast and Countryside Trust in
Berry Head Car Park should be addressed directly to Torbay Coast and
Countryside Trust, who are the land occupiers.
The information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988. You are free to use it for your
own purposes, including any non-commercial research you are doing and for
the purpose of news reporting. Any other re-use, for example commercial
publication, would require the permission of the copyright holder.
Torbay Council publishes Access to Information requests and responses on
its online Disclosure Log. Only requests deemed to be in the public
interest will be included and any request included within this log will be
de-personalised accordingly.
To view the Council’s Disclosure Log, please visit
[1]www.torbay.gov.uk/disclosurelog
If you have any queries about this email please do not hesitate to contact
me directly, quoting the reference number listed at the top of this email
in all communications.
If you are unhappy with the Council’s response to your request and wish to
make a complaint please write to Information Compliance, Town Hall, Castle
Circus, Torquay, TQ1 3DR or complete the on-line complaint form that can
be found at [2]www.torbay.gov.uk.
If after going through the Council’s complaints process you are still not
satisfied, you can contact the Information Commissioner direct.
Information Commissioner Helpline: 08456 30 60 60
01625 54 57 45
Wycliffe House
01625 545700
Water Lane Switchboard:
01625 524510
Wilmslow Fax:
[3]www.ico.gov.uk
Cheshire SK9 5AF Website:
[4][email address]
Email (general):
Yours sincerely
Angela Hellier
Information Compliance Officer
Torbay Council
Mail: Information Compliance, Torbay Council, Town Hall, Castle Circus,
Torquay TQ1 3DR
Find out more at: [5]www.torbay.gov.uk/accesstoinformation
Dear Mr Price
Further to your request received on , we have considered your request
under the Environmental Information Regulations 2004 and I can confirm
that Torbay Council has completed its search for the information that you
requested.
This information is as follows:
1. With reference to Berry Head Car Park - has planning
permission been granted for the erection of ANPR cameras? if so what was
the date that planning consent was granted?
No
2. If planning consent has not been obtained, can the council
confirm that enforcement action will be taken against this planning
breach?
No. The Local Planning Authority will need to determine whether there is a
breach of planning control occurring and will only take action if it is
considered expedient and in the public interest to do so, having regard to
material planning considerations and guidance contained within NPPG.
The information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988. You are free to use it for your
own purposes, including any non-commercial research you are doing and for
the purpose of news reporting. Any other re-use, for example commercial
publication, would require the permission of the copyright holder.
Torbay Council publishes Access to Information requests and responses on
its online Disclosure Log. Only requests deemed to be in the public
interest will be included and any request included within this log will be
de-personalised accordingly.
To view the Council’s Disclosure Log, please visit
[1]www.torbay.gov.uk/disclosurelog
If you have any queries about this email please do not hesitate to contact
us directly, quoting the reference number listed at the top of this email
in all communications.
If you are unhappy with the Council’s response to your request and wish to
make a complaint please write, within 40 working days of the date on this
email, to: Information Compliance, Town Hall, Castle Circus, Torquay, TQ1
3DR or complete the on-line complaint form that can be found at
[2]www.torbay.gov.uk.
If after going through the Council’s complaints process you are still not
satisfied, you can contact the Information Commissioner direct.
Information Commissioner Helpline: 08456 30 60 60
01625 54 57 45
Wycliffe House
01625 545700
Water Lane Switchboard:
01625 524510
Wilmslow Fax:
[3]www.ico.gov.uk
Cheshire SK9 5AF Website:
[4][email address]
Email (general):
Yours sincerely
Angela Hellier
Information Compliance Officer
Torbay Council
Mail: Information Compliance, Torbay Council, Town Hall, Castle Circus,
Torquay TQ1 3DR
Find out more at: [5]www.torbay.gov.uk/accesstoinformation
Dear Freedom of Information,
I am informed that the off street (parking places) order, 2013 for this car park has now been rescinded.
Can you tell me
1:the exact date that the order was rescinded.
2: Who requested it to be rescinded and the date the request was made,
3: where and when the proposal to rescind the order was advertised, in accordance with the action required to rescind a parking order published on your website,
4: who paid the legal and advertising costs for this order to be rescinded.
Regards,
John Price
Yours sincerely,
John Price
Dear Mr Price
Thank you for your request for information, which was received on 17 July
2016. We are currently processing your request and will contact you within
20 working days.
If you have any queries regarding your request, please do not hesitate to
contact us, quoting the reference number above in all communications.
Yours sincerely
Bee Laithwaite
Information Compliance Support Officer
Torbay Council
Torquay Town Hall
Castle Circus
Torquay
TQ1 3DR
*: [1][email address]
[2]cid:image001.png@01CF5A20.BA7692A0
The Information Compliance Team will aim to acknowledge correspondence
within 3 working days unless a restriction is in place.
Dear Mr Price
Further to your request received on 17 July 2016, I confirm that Torbay
Council has now considered your request under the Freedom of Information
Act 2000.
Our response is attached.
The information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988. You are free to use it for your
own purposes, including any non-commercial research you are doing and for
the purpose of news reporting. Any other re-use, for example commercial
publication, would require the permission of the copyright holder.
If you have any queries about this email please do not hesitate to contact
me directly, quoting the reference number listed at the top of this letter
in all communications.
If you are unhappy with the Council’s response to your request and wish to
make a complaint please write to Information Compliance, Town Hall, Castle
Circus, Torquay, TQ1 3DR or complete the on-line complaint form that can
be found at [1]www.torbay.gov.uk.
If after going through the Council’s complaints process you are still not
satisfied, you can contact the Information Commissioner direct.
Information Commissioner Helpline: 0303 123 1113
01625 545 745
Wycliffe House
[2][email address]
Water Lane Email:
[3]www.ico.org.uk
Wilmslow Website:
Cheshire SK9 5AF
Yours sincerely
Vicky Wills
Information Compliance Advisor
Torbay Council
Phone: 01803 207467
Mail: Information Compliance, Torbay Council, Town Hall, Castle Circus,
Torquay, TQ1 3DR
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