Confirming Local Authority Byelaws

I am currently in the process of two complaints procedures regards the Byelaw that Lincolnshire County Council (LCC) have introduced in breach of legislation. One complaint is with the LCC and the other is with the Department for Communities and Local Government (DCLG), the National Government department who sign off all byelaws. Both complaints are ongoing and as can be seen below LCC are still to respond. Although my complaint with the DCLG is on going they have responded by forwarding me Local Government Legislation: Byelaws. This states:

Pleasure Grounds

This full supports my complaint that LCC cannot not use these powers to create a byelaw as a car park is clearly not a pleasure ground. If LCC would like to claim it is I would like to see the Risk Assessment!

As this is definitive evidence I have sent the forwarded email to LCC:

—– Original Message —–

From: Andy Strangeway To: customer_services@lincolnshire.gov.uk Sent: Saturday, March 29, 2014 7:11 AM Subject: Re: Byelaw Complaint

Dear Sir/Madam,

Could I please refer you to https://lincolnshireovernightparking.wordpress.com/2014/03/29/confirming-local-authority-byelaws/

Could I politely give notice to LCC that if my complaint remains unaddressed after 30 working days from February 26 I will refer the matter to the Ombudsman?

Kindest Regards,

Andy Strangeway

http://andystrangeway.wordpress.com/

“(Yorkshiremen are) richly endowed with that gritty determination, that wilful refusal to give up and that sheer bloody-mindedness that eventually prevails.” Sir Bernard Ingham —

— Original Message —–

From: Andy Strangeway To: customer_services@lincolnshire.gov.uk Sent: Thursday, March 27, 2014 4:35 PM Subject: Re: Byelaw Complaint

Dear Sir/Madam

As my complaint below remains outstanding after 20 working days could you please inform me when I can expect my complaint to be addressed?

Kindest Regards,

Andy Strangeway

http://andystrangeway.wordpress.com/

“(Yorkshiremen are) richly endowed with that gritty determination, that wilful refusal to give up and that sheer bloody-mindedness that eventually prevails.” Sir Bernard Ingham

—– Original Message —–

From: Andy Strangeway To: customer_services@lincolnshire.gov.uk Sent: Wednesday, February 26, 2014 3:37 PM Subject: Byelaw 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

http://andystrangeway.wordpress.com/

“(Yorkshiremen are) richly endowed with that gritty determination, that wilful refusal to give up and that sheer bloody-mindedness that eventually prevails.” Sir Bernard Ingham

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