Macquarie Mausoleum, Gruline, Mull

BillEllson made this Freedom of Information request to Argyll and Bute Council This request has been closed to new correspondence. Contact us if you think it should be reopened.

Argyll and Bute Council did not have the information requested.

Dear Argyll and Bute Council,

I am aware that a recent visitor to Mull was apparently denied access to the Mausoleum by the occupier of a neighbouring property.

1. I require maps and any other documents that show / describe public rights of access to the Mausoleum both by vehicles and on foot.

2. I also require any information regarding signage erected by the council, or with the council's permission (whether deemed or granted).

3. I also require any information regarding the promotion of the Mausoleum to visitors to Mull.

Yours faithfully,

Bill Ellson

Administrator, Argyll and Bute Council

Dear Bill Ellson

Request for information: Freedom of Information request - Macquarie
Mausoleum, Gruline, Mull

Thank you for your information request which we have logged as reference
argyllbuteir:5886.

It has been passed to the relevant service(s) for attention and you should
receive a response under either the Freedom of Information (Scot) Act 2002
or the Environmental Information (Scotland) Regulations 2004 by 2016-07-18
00:00:00.

Please quote the reference number above in any correspondence you may have
with the Council in regard to this request.

Regards

FOI Officer

Sue Bebbington left an annotation ()

The National Trust of Scotland maintain the Mausoleum on behalf of the current owners, the National Trust of Australia (NSW). No one was or is denied access to the Mausoleum. Access is strictly pedestrians only except for those with mobility difficulties who can drive to the mausoleum. The original incident to which I believe Mr Ellson refers was reported to The National Trust for Scotland at the time.

The deeds to the Macquarie Mausoleum can be purchased from the Registers of Scotland (registration date/recording date Oct 6th 1948). The deeds indicate access rights granted to the owners of the Mausoleum . This access is not a public right of way.

Sinclair, David (Risk Management Assistant), Argyll and Bute Council

1 Attachment

Dear Mr Ellson,

 

Request for information: Macquarie’s Mausoleum at Gruline, Isle of Mull

Reference: argyllbuteir:5886

 

I refer to your request for information which was dealt with in terms of
the Freedom of Information (Scotland) Act 2002 (FOISA).

 

Please see information below in fulfillment of your request.

 

1.    The Council does not currently hold any documents that show or
describe public rights of access to the mausoleum by vehicle or on foot. 
As such I must refuse your request in terms of Section 17 of FOISA.
However, in line with the duty placed on the Council in terms of Section
15 of FOISA, I can refer you to the Ordinance Survey map, the Land Reform
(Scotland) Act 2003 Part 1  and the Scottish Outdoor Access Code which are
available from here [1]www.outdooraccess-scotland.com/.  The Scottish
Rights of Way and Access Society has provided the Council with information
about a route SA62 following the track from the B8035 at Grid Reference NM
545 403 OS to the Mausoleum.  However this record does not have any legal
status and does not claim that the route is a Public Right of Way.

2.    The Council does not hold any information regarding signage erected
by the Council or third parties in this area, as such I must refuse your
request in terms of Section 17 of FOISA.

3.    The Council does not promote the Macquarie Mausoleum on its webpages
although a search of the internet will find references to it on a number
of sites.

 

If you believe that your rights of access to the Mausoleum have been
restricted, you should contact the Access Team on 01546 604314 to register
a complaint.

 

If you are dissatisfied with the way in which your request for information
has been dealt with you are entitled to request a review by writing to the
Executive Director Customer Services, Argyll and Bute Council, Kilmory,
Lochgilphead, Argyll PA31 8RT, or by email to [2][Argyll and Bute Council request email].

 

Your request for review must state your name and address for
correspondence, specify the request for information to which your request
for review relates and why you are dissatisfied with the response. 

 

You must make your request for review not later than 40 working days after
the expiry of the 20 working day period for response to your initial
request by the Council, or not later than 40 working days after the
receipt by you of the information provided, any fees notice issued or any
notification of refusal or partial refusal.

 

If you make an application for review and remain dissatisfied with the way
in which the review has been dealt with you are entitled to make an
application to the Scottish Information Commissioner, Kinburn Castle,
Doubledykes Road, St Andrews, Fife KY16 9DS (Tel: 01334 464610) for a
further review.

 

You must make representation to the Scottish Information Commissioner no
later than 6 months after the date of receipt by you of the notice or
decision you are dissatisfied with or within 6 months of the expiry of the
period of 20 working days from receipt by the Council of your request for
review.

 

Yours sincerely

 

 

[3]David Signature

 

show quoted sections