Byelaw Challenge

I have requested that the recently introduced byelaw making it illegal to leave a  motor vehicle in specific Lincolnshire coastal car parks between the hours of 10pm and  6am be revoked. The byelaw prevents overnight parking in five sites: Anderby Creek, Wolla Bank, Marsh Yard, Huttoft  Car Terrace and Chapel Six Marsh. My email to Mr Rowsell, Deputy Director, Democracy, Department for Communities and Local Government can be seen below.

“Dear Mr Rowsell,

I write to you with regards the new Lincolnshire Byelaw for Pleasure Grounds, Public Walks and Open Spaces. Please see attached. (Byelaw 1234)

I believe the byelaw should be revoked for the following reasons:

  • Byelaws for Pleasure Grounds, Public Walks and Open Spaces as per the The Public Health Act 1875 164 do not apply to car parks. A definition of Open Space can be found in the Town and Country Planning Act 1990 S336. It states: “”open space” means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground”
  • The byelaw attempts to address in general terms issues which are essentially national rather than local.
  • The Local Authority have not used existing legislation to deal with the issues they believe exist. Legislation already exists to deal with all stated issues.
  • No consultation took place with motorhome or fishing groups.
  • The byelaw gratuitously interferes with those fishing from the beach, an area which is known to be the finest fishing in the area. As most of this fishing is undertaken at night the byelaw hinders, obstructs and impedes fishermen fishing as they are unable to park overnight.
  • The byelaw duplicates national legislation.
  • Lincolnshire County Council (LCC) Principal Solicitor stated: “There are continuous problems – mainly throughout the warmer season – with people camping(with motor homes etc) and parking overnight. This is having an impact on the residents in the area as they are being subjected to noise, nuisance, exessive litter, fires from campfires, and verbal abuse from some of the people camping”.

This statement should be given consideration:

  1. Noise – The majority of the locations are over half a mile from the nearest house. The exception is the car park at Anderby Creek – at Anderby Creek there are numerous camp sites, licensed premises and cafes – all of which generate noise. No evidence has been provided from LCC of overnight noise from the locations subject to the byelaw.
  2. Nuisance – This is not defined. No evidence has been provided from LCC of overnight nuisance from the locations subject to the byelaw.
  3. Litter – Crows and seagulls have been witnessed pulling litter from the LCC rubbish bins. By not dealing with this issue LCC are in breach of the Environmental Protection Act. No evidence has been provided from LCC of littering overnight from the locations subject to the byelaw.
  4. Fires – Below the high tide mark fishermen have a right to light a fire. No evidence has been provided from LCC of overnight illegal fires from the locations subject to the byelaw.
  5. Verbal Abuse – Those parking on the car terrace have been the subject of verbal abuse. Indeed one retired couple was threatened with having their motorhome burnt out with themselves inside. This was reported to the Police. No evidence has been provided from LCC of overnight verbal abuse from the locations subject to the byelaw.

We must consider if any of the five stated issues are correct why has no legal action resulted?

Finally, if the issues do exist why will banning overnight parking for 8 hours but allowing day time parking for 16 hours prevent the issues?

I politely request that the DCLG investigate the granting of this byelaw and examine if all criteria has been fulfilled as I believe the above clearly demonstrates that the byelaw should be revoked.

I look forward to hearing from you.

Kindest Regards,

Andy Strangeway”

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