Byelaw Complaints

Complaints regarding the Lincolnshire County Council (LCC) byelaw have been sent to both LCC and the DCLG.

DCLG Complaint

“Dear Mr Rowsell,

Coud I please refer you to the forwarded emails with regards the Lincolnshire County Council byelaw banning overnight parking at Anderby Creek, Wolla Bank, Marsh Yard, Huttoft Car Terrace and Chapel Six Marsh?

I believe that the DCLG have failed in their duty to ensure that the byelaw that Lincolnshire County Council proposed to bring in were proportionate and reasonable to the issues causing concern as:

 
  • 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.
  • The byelaw duplicates national legislation.

Furthermore 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”

In addition the DCLG provides a list of subjects which are covered by general legislation and which are not therefore judged to be suitable for byelaws. Numerous subjects on the list are fundamental to the reason for and the purpose of this byelaw these include:

  1. Camping
  2. Gypsies and travellers
  3. Language – violent, threatening or abusive
  4. Litter
  5. Public order

The 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, excessive litter, fires from campfires, and verbal abuse from some of the people camping”. Legislation exists to deal with all these stated issues.

As per the DCLG complaints procedure could I please request that you addrees the above issues I raise as I believe that the DCLG have fundamentally failed in their duty regards this byelaw.

Kindest Regards,

Andy Strangeway”

LCC Complaint

“Dear Sir/Madam,

I would like to register a complaint against Lincolnshire County Council with regards the Byelaw banning overnight parking at Anderby Creek, Wolla Bank, Marsh Yard, Huttoft Car Terrace and Chapel Six Marsh as

 
  • 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.
  • 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, excessive litter, fires from campfires, and verbal abuse from some of the people camping”. Legislation exists to deal with all these stated issues.

In addition LCC failed to inform the DCLG that:

  1. They had not used existing legislation to deal with the stated issues.
  2. Byelaws for Pleasure Grounds, Public Walks and Open Spaces as per the The Public Health Act 1875 164 do not apply to car parks as such cannot be used for the car parks at Anderby Creek, Wolla Bank, Marsh Yard, Huttoft Car Terrace and Chapel Six Marsh.
  3. A byelaw cannot be introduced for camping and are not suitable to deal with gypsies and travellers ; language – violent, threatening or abusive; litter and public order.

On account of the above I believe that the byelaw should be revoked.

Kindest Regards,

Andy Strangeway”

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