Information regarding ownership of spectator stand at Faraday Road Football Ground Newbury

Roedd y cais yn rhannol lwyddiannus.

Dear West Berkshire Council,

Regarding the football ground at Faraday Road, Newbury, please can you send me evidence of ownership (by the council, tenants or third parties) of the large seated spectator stand, namely documents relating to:

Football club leases (including terminations):
Newbury Town FC around 1995
AFC Newbury FC between 1996-2007
Newbury FC between 2008-2018

And since 2008:
Insurance rent statements/remittances
Building insurance premiums, policies & schedules
Asset register details
Building surveys & inspections
Legal letters, title deeds, certificates of ownership
Payment remittances, sales receipts when the stand changed hands
Correspondence, emails, phone conversations, meeting minutes which refer to the "stand".

Many thanks.
Yours faithfully,

John Stewart

foi, West Berkshire Council

FoI/2018/1143

 

Dear Mr Stewart,

 

Request for information: Ownership of spectator stand at Faraday Road
Football Ground Newbury

 

Thank you for your request received 15^th October 2018; we will seek to
respond within twenty working days.

 

Yours sincerely,

 

Suzi Kenchington 

Information Compliance Officer

Strategic Support,

West Berkshire Council, Council Offices, Market Street, Newbury, RG14 5LD

email:  [1][email address]

' 01635 519860 (external)      '  2860 (internal)      

P Do you really need to print this email?

 

From: John Stewart [mailto:[FOI #526340 email]]
Sent: 15 October 2018 14:29
To: foi <[West Berkshire Council request email]>
Subject: Freedom of Information request - Information regarding ownership
of spectator stand at Faraday Road Football Ground Newbury

 

This is an EXTERNAL EMAIL. STOP. THINK before you CLICK links or OPEN
attachments.

Dear West Berkshire Council,

Regarding the football ground at Faraday Road, Newbury, please can you
send me evidence of ownership (by the council, tenants or third parties)
of the large seated spectator stand, namely documents relating to:

Football club leases (including terminations):
Newbury Town FC around 1995
AFC Newbury FC between 1996-2007
Newbury FC between 2008-2018

And since 2008:
Insurance rent statements/remittances
Building insurance premiums, policies & schedules
Asset register details
Building surveys & inspections
Legal letters, title deeds, certificates of ownership
Payment remittances, sales receipts when the stand changed hands
Correspondence, emails, phone conversations, meeting minutes which refer
to the "stand".

Many thanks.
Yours faithfully,

John Stewart

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[2][FOI #526340 email]

Is [3][West Berkshire Council request email] the wrong address for Freedom of Information
requests to West Berkshire Council? If so, please contact us using this
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[4]https://www.whatdotheyknow.com/change_re...

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Please note that in some cases publication of requests and responses will
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If you find this service useful as an FOI officer, please ask your web
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dangos adrannau a ddyfynnir

foi, West Berkshire Council

FoI/2018/1143

 

Dear Mr Stewart,

 

Request for information: Ownership of spectator stand at Faraday Road
Football Ground Newbury

 

I am writing to advise you that the authority is extending the time to
respond to your request by an additional twenty working days, under the
provisions of Regulation 7 of the Environmental Information Regulations
2004.

 

This is because the complexity and/or volume of the information requested
means that it is impracticable either to comply with the request or to
make a decision to refuse to do so within the earlier period.

 

I will respond by no later than 10^th December.

 

Yours sincerely,

 

Suzi Kenchington 

Information Compliance Officer

Strategic Support,

West Berkshire Council, Council Offices, Market Street, Newbury, RG14 5LD

email:  [1][email address]

' 01635 519860 (external)      '  2860 (internal)      

P Do you really need to print this email?

 

 

From: John Stewart [[2]mailto:[FOI #526340 email]]
Sent: 15 October 2018 14:29
To: foi <[3][West Berkshire Council request email]>
Subject: Freedom of Information request - Information regarding ownership
of spectator stand at Faraday Road Football Ground Newbury

 

This is an EXTERNAL EMAIL. STOP. THINK before you CLICK links or OPEN
attachments.

Dear West Berkshire Council,

Regarding the football ground at Faraday Road, Newbury, please can you
send me evidence of ownership (by the council, tenants or third parties)
of the large seated spectator stand, namely documents relating to:

Football club leases (including terminations):
Newbury Town FC around 1995
AFC Newbury FC between 1996-2007
Newbury FC between 2008-2018

And since 2008:
Insurance rent statements/remittances
Building insurance premiums, policies & schedules
Asset register details
Building surveys & inspections
Legal letters, title deeds, certificates of ownership
Payment remittances, sales receipts when the stand changed hands
Correspondence, emails, phone conversations, meeting minutes which refer
to the "stand".

Many thanks.
Yours faithfully,

John Stewart

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[4][FOI #526340 email]

Is [5][West Berkshire Council request email] the wrong address for Freedom of Information
requests to West Berkshire Council? If so, please contact us using this
form:
[6]https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[7]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[8]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

dangos adrannau a ddyfynnir

Dear Suzi,
Please can you send me the information you currently have now? You can then send me the remaining information by the new deadline.
Many thanks.
Yours sincerely,
John

foi, West Berkshire Council

FoI/2018/1143

 Dear Mr Stewart,

Request for information: Ownership of spectator stand at Faraday Road
Football Ground Newbury

 

Thank you for your email. Unfortunately it isn’t possible to supply a
partial response to your request however, I do hope to respond before the
deadline of 10^th December.

 

Yours sincerely,

 

Suzi Kenchington 

Information Compliance Officer

Strategic Support,

West Berkshire Council, Council Offices, Market Street, Newbury, RG14 5LD

email:  [1][email address]

' 01635 519860 (external)      '  2860 (internal)      

P Do you really need to print this email?

 

From: John Stewart [mailto:[FOI #526340 email]]
Sent: 13 November 2018 13:27
To: foi <[West Berkshire Council request email]>
Subject: Re: FoI/2018/1143- Stewart

 

This is an EXTERNAL EMAIL. STOP. THINK before you CLICK links or OPEN
attachments.

Dear Suzi,
Please can you send me the information you currently have now? You can
then send me the remaining information by the new deadline.
Many thanks.
Yours sincerely,
John

dangos adrannau a ddyfynnir

foi, West Berkshire Council

FoI/2018/1143

Dear Mr Stewart,

Request for information: Ownership of spectator stand at Faraday Road
Football Ground Newbury

 

Please see below the Council’s response to your request for information.

 

You have requested evidence of ownership, by the council, tenants or third
parties, of the large seated spectator stand at the Faraday Road football
ground in Newbury. You have also provided a list of documents which you
believe may contain information relating to the stand’s ownership

 

The spectator stand was transferred (as a gift) to Hungerford Football
Club by the outgoing tenant, Newbury Football Club, when the current lease
term ended.

 

The Council does not hold evidence of ownership of the stand, as it was
not purchased by the Council. Further, the Council does not hold evidence
from any third party (including current or previous tenants) that would
demonstrate ownership of the stand, or other fixtures.

 

Leases / licenses relating to the land are held by the Council, but these
do not indicate ownership of the stand in a conclusive way.  Should you
wish to arrange to examine these records yourself, the Council may be able
to make them available for inspection directly.  It is not considered
feasible to provide electronic copies owing to their size and the
difficulties in collating a copy (many of the records are bound and cannot
be easily photocopied/scanned, so the time and cost of doing so would be
prohibitive).

 

The title ownership deeds relating to the land can be requested from the
Land Registry directly.

 

If you are unhappy with the way your request has been handled, you may ask
for an internal review. You should contact The FoI Reviewing Officer,
Strategic Support, Council Offices, Market Street, Newbury RG14 5LD, email
[1][email address] if you wish to request a review. If you are not
content with the outcome of the internal review, you have the right to
apply directly to the Information Commissioner for a decision. The
Information Commissioner can be contacted at:

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF

 

If you have any queries about this letter, please contact me.

 

Yours sincerely,

 

Suzi Kenchington 

Information Compliance Officer

Strategic Support,

West Berkshire Council, Council Offices, Market Street, Newbury, RG14 5LD

email:  [2][email address]

' 01635 519860 (external)      '  2860 (internal)      

P Do you really need to print this email?

 

From: John Stewart [[3]mailto:[FOI #526340 email]]
Sent: 13 November 2018 13:27
To: foi <[4][West Berkshire Council request email]>
Subject: Re: FoI/2018/1143- Stewart

 

This is an EXTERNAL EMAIL. STOP. THINK before you CLICK links or OPEN
attachments.

Dear Suzi,
Please can you send me the information you currently have now? You can
then send me the remaining information by the new deadline.
Many thanks.
Yours sincerely,
John

dangos adrannau a ddyfynnir

Dear Suzi,
In my previous FOI request you sent me correspondence showing an WBC officer was aware the stand was being sold, so in this follow-up FOI request I fully expected some more information. It has taken you 35 working days (nearly twice the normal allotted) to give me a rather vague refusal statement and no recent evidence which I know exists. I am assuming that your response has been restricted in some way which is hardly "FOI", so I ask you again to please send some of the more readily available, recent electronic document information on my list which you have ignored to mention, namely from the beginning of last year 01/01/17 (if it makes it easier than paper hardcopy):
Insurance rent statements/remittances
Building insurance premiums, policies & schedules
Correspondence, emails between WBC, Newbury FC, Hungerford Town FC
Many thanks.
Yours sincerely,
John Stewart

foi, West Berkshire Council

FoI/IR/2018/16

Dear Mr Stewart,

Request for A Review: Ownership of spectator stand at Faraday Road
Football Ground Newbury

Thank you for your email, received 6^th December.

 

This has been passed to the FoI Reviewing Officer to carry out an internal
review of the response provided below. A response will be provided within
twenty working days, by no later than 8^th January.

 

Yours sincerely,  

 

Suzi Kenchington 

Information Compliance Officer

Strategic Support,

West Berkshire Council, Council Offices, Market Street, Newbury, RG14 5LD

email:  [1][email address]

01635 519860 (external)  2860 (internal)      

 

From: John Stewart [mailto:[FOI #526340 email]]
Sent: 05 December 2018 21:06
To: foi <[West Berkshire Council request email]>
Subject: Re: FW: FoI/2018/1143- Stewart

 

This is an EXTERNAL EMAIL. STOP. THINK before you CLICK links or OPEN
attachments.

Dear Suzi,
In my previous FOI request you sent me correspondence showing an WBC
officer was aware the stand was being sold, so in this follow-up FOI
request I fully expected some more information. It has taken you 35
working days (nearly twice the normal allotted) to give me a rather vague
refusal statement and no recent evidence which I know exists. I am
assuming that your response has been restricted in some way which is
hardly "FOI", so I ask you again to please send some of the more readily
available, recent electronic document information on my list which you
have ignored to mention, namely from the beginning of last year 01/01/17
(if it makes it easier than paper hardcopy):
Insurance rent statements/remittances
Building insurance premiums, policies & schedules
Correspondence, emails between WBC, Newbury FC, Hungerford Town FC
Many thanks.
Yours sincerely,
John Stewart

dangos adrannau a ddyfynnir

Rachel Craggs, West Berkshire Council

1 Atodiad

Dear Mr Stewart

 

Please find attached my response following the review of your FOI request
regarding the Newbury Football Ground Spectator Stand.

 

Yours sincerely

 

Rachel Craggs

Principal Policy Officer (Information Management)

Strategic Support, West Berkshire Council, Council Offices, Market Street,
Newbury RG14 5LD

(01635) 519441  |  Ext 2441  |  [email address]

www.westberks.gov.uk

 

This email and any attachments to it may be confidential and are intended
solely for the use of the individual to whom it is addressed. Any views or
opinions expressed may not necessarily represent those of West Berkshire
Council. If you are not the intended recipient of this email, you must
neither take any action based upon its contents, nor copy or show it to
anyone. Please contact the sender if you believe you have received this
e-mail in error. All communication sent to or from West Berkshire Council
may be subject to recording and or monitoring in accordance with UK
legislation, are subject to the requirements of the Freedom of Information
Act 2000 and may therefore be disclosed to a third party on request.

Dear Rachel ,
Thank you for the reply. It seems to me that the council's executive is feeding the information it wishes on all fronts and compromising the professional integrity of some of its officers.

Tenant’s fixtures:
Fixtures are part of the land and belong to the landlord at the end of the term of a lease. A tenant has the right to remove certain types of fixtures and, although these are commonly referred to as “tenant’s fixtures”, they still belong to the landlord until the tenant exercises its right to remove the fixture and severs it.
Tenant’s fixtures comprise chattels attached to the land by the tenant (or a predecessor in title under the tenancy) for the purposes of its trade or business and which are capable of physical removal without causing substantial damage to the land and without the chattel losing its essential utility as a result of the removal. They may be removed by the tenant during the term but not after it has come to an end.
Ornamental and domestic fixtures and agricultural fixtures are also “tenant’s fixtures”, but rights of removal are more restricted.
Tenant’s fixtures pass with the land demised in a lease on an assignment of the lease.
From https://uk.practicallaw.thomsonreuters.c...

This is why I find it hard to believe that the council has had no title to the stand and I will consider an appointment to visit in due course.
Yours sincerely,
John

Rachel Craggs, West Berkshire Council

Dear Mr Stewart

 

Thank you for your email below, the contents of which I have noted.

 

Yours sincerely

 

Rachel Craggs

Principal Policy Officer (Information Management)

Strategic Support, West Berkshire Council, Council Offices, Market Street,
Newbury RG14 5LD

(01635) 519441  |  Ext 2441  |  [1][email address]

[2]www.westberks.gov.uk

 

From: John Stewart [mailto:[FOI #526340 email]]
Sent: 13 February 2019 21:57
To: Rachel Craggs <[email address]>
Subject: Re: FoI/IR/2018/16 Internal review of FOI request: Newbury
Football Ground Spectator Stand

 

This is an EXTERNAL EMAIL. STOP. THINK before you CLICK links or OPEN
attachments.

Dear Rachel ,
Thank you for the reply. It seems to me that the council's executive is
feeding the information it wishes on all fronts and compromising the
professional integrity of some of its officers.

Tenant’s fixtures:
Fixtures are part of the land and belong to the landlord at the end of the
term of a lease. A tenant has the right to remove certain types of
fixtures and, although these are commonly referred to as “tenant’s
fixtures”, they still belong to the landlord until the tenant exercises
its right to remove the fixture and severs it.
Tenant’s fixtures comprise chattels attached to the land by the tenant (or
a predecessor in title under the tenancy) for the purposes of its trade or
business and which are capable of physical removal without causing
substantial damage to the land and without the chattel losing its
essential utility as a result of the removal. They may be removed by the
tenant during the term but not after it has come to an end.
Ornamental and domestic fixtures and agricultural fixtures are also
“tenant’s fixtures”, but rights of removal are more restricted.
Tenant’s fixtures pass with the land demised in a lease on an assignment
of the lease.
From
[3]https://uk.practicallaw.thomsonreuters.c...

This is why I find it hard to believe that the council has had no title to
the stand and I will consider an appointment to visit in due course.
Yours sincerely,
John

dangos adrannau a ddyfynnir

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