The Lincolnshire Byelaw for Pleasure Grounds, Public Walks and Open Spaces which attempts to prevent overnight parking in five Lincolnshire coastal car parks: Anderby Creek, Wolla Bank, Marsh Yard, Huttoft Car Terrace and Chapel Six Marsh between the hours of 10pm and 6am should be revoked 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.
- The byelaw duplicates national legislation.
- Byelaws for Pleasure Grounds, Public Walks and Open Spaces as per the The Public Health Act 1875 164 do not apply to car parks. This is supported by Confirming Local Authority Byelaws Page 6 states:
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”.
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”.
- There were only 24 complaints regards Huttoft Car Terrace from 22nd April 2010 to 11th April 2014.
- The majority of these complaints had nothing to do with overnight parking.
- There is no evidence of a connection between overnight parking and the issues stated.
- The Department for Communities and Local Government (DCLG) must be satisfied that “the council has taken any measures short of seeking a byelaw to remedy the problem in question”.
- The only stated problems are “noise, nuisance, exessive litter, fires from campfires, and verbal abuse”
- No legal action has been taken for noise, nuisance, excessive litter, fires from campfires, and verbal abuse at Huttoft Car Terrace.
- Why will banning overnight parking for 8 hours but allowing day time parking for 16 hours prevent these issues?
- The byelaw applies to everyone not just those with motorhomes. No one can park between 22.00 and 06.00 not even for one minute. This applies to cars, vans, 4 x 4s and motorhomes be they locals or visitors.