Safe' installation of private cable covers across the footway - Find a freedom of information request

Request

1. Please provide a full explanation of the council's decision to allow 'safe' installation of private cable covers across the footway, including your equalities impact assessment of the policy, together with the criteria used for determining whether you consider a particular setup 'safe' and not to constitute an obstruction or a nuisance on the highway. 

2. Please can you confirm what actions LCC has taken since being notified of the injury. When this cable cover was previously brought to your attention, by extension you were also implicitly notified that street works had taken place (in the form of its installation) the regulation of which is your responsibility under NRSWA 1991.

You will therefore I'm sure be happy to provide me with full details of the section 50 license you issued for these works, together with the application, any approved drawings, etc. If you cannot provide these, please confirm that you will immediately be opening section 51 proceedings against the person who carried out unlicensed works to the public highway, and explain why you did not do so previously.

No waiting at any time' time plates were supposed to have all been removed well over a decade ago, while any parking place for electric vehicles only could only have been introduced if a Parking Places Order were made under S32&35 of RTRA 1984 and be provided with a clearly delineated bay in accordance with TSRGD 2016, and could not exist concurrently with a no waiting at any time restriction. As the order making authority not only should LCC be aware of this, and know whether it has made an Order or not, but given the consultation requirements local people would also have been informed before the PPO was made. Any PPO'd bay should also be findable in moments via LCC's web based parking restrictions map at

https://lincs.locationcentre.co.uk/internet/internet.aspx?articleid = YfmDQ6wYrkU~&preview = true. 

3.Please confirm that LCC will be exercising its powers under S69 of RTRA 1984 to ensure this unlawful sign is removed.

Decision

1. Attached is EV Guidance document which has been created as guidance, not policy, by LCC and reviewed through the following processes: Legal approval Wider Management System Working Group

2. Upon receipt of enquiry 4729645, property owner had been made aware via telephone and correspondence of risks and liability of maintaining a permanent fixture to the footway.

3.Lincolnshire County Council cannot provide this at this time, this is under review and after that process, we will take action accordingly. 

 

Reference number
FOI 4729645
Date request received
01/08/22
Date of decision
17/08/22