Dear Primrose

Enquiry regarding Land to North of Noke Cottages, Staunton on Arrow Land Registry Reference HE41614

Thank you for your enquiry which was received on

We respond to requests under the Freedom of Information Act 2000 and Environmental Information Regulations 2004.

Thank you for your e-mail, I have read the Deed of Gift and I will endeavour to answer all your questions to the best of my abilities.  

Q1 ~ Does the Environment Agency own the River Bed between the weirs? No, not to our knowledge.

Q2 ~ Does the Environment Agency own the River Bed upstream (West) of the weirs between the weir and the Gig Bridge over the river? No, not to our knowledge.

2) The Title Deeds Refer to possible various Estate Contracts, Restrictive Covenants, and Equitable Easements on the Charges Register along with Creation of Interests, Rights and Liabilities.

Q3 ~  please can I have details of these, I am particularly interested in anything specific to weir maintenance as I am led to believe this is why the weir ownership was transferred to the then River Authority

I’m afraid I do not know the reason why the weir was gifted to Welsh Water Authority and as far as I am aware the Environment Agency just own the two weirs and have a right to access across the adjoining land as per the plan attached. The rights referred to seem to be associated with the rights to pass and repass over the adjoining land in order to access the weirs.

I can find no record of any land charges associated with the weirs in our ownership, however in order to confirm any existence then a search of the local land charges register would be required which is conducted by the relevant local authority.  

In terms of anything within the Deed of Gift document which refers to weir maintenance it states -

“The Authority has agreed to accept responsibility for the Weirs hereby conveyed in exercise of its statutory powers under the Land Drainage Act 1976 and nothing herein contained shall be deemed to imply any duty on the part of the Authority to undertake or perform the repairs or maintenance of the said weirs or to impose any liability on the Authority in respect of any failure to undertake or perform such repairs or maintenance.”

Please refer to Open Government Licence  which explains the permitted use of this information.

Please get in touch if you have any further queries or contact us within two months if you’d like us to review the information we have sent.

Yours sincerely

Customers & Engagement

For further information please contact the Customers & Engagement Team

Team Tel:  02084747856

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