Information Request
 
Thank you for your email.  This is to acknowledge receipt of your
request.  Your request will be handled by an officer who will respond
appropriately under the terms of the Freedom of Information Act 2000 or
Environmental Information Regulations 2004 as appropriate.

In some circumstances a fee may be payable and if that is the case I will
let you know. A fees notice will be issued to you, and you will be
required to pay before I will proceed to deal with your request.

You will receive the information requested within 20 working days unless
the Council does not hold the information or there is a reason for it to
be withheld. I will write to you in any event.
 
Whilst it is the Council policy to provide information wherever possible,
I need to advise you that there are a number of exemptions under the
Freedom of Information Act 2000 or Exceptions under the Environmental
Information Regulations 2004.  These may prevent the Council from
releasing all or some of the information you have asked for.   You will,
however, be informed if this is the case and we will explain why.
 
Yours sincerely,
 
Paul Mountford | Principal Performance & Intelligence Officer
South Lakeland District Council, South Lakeland House, Lowther Street,
Kendal, Cumbria LA9 4DQ
Tel: 01539 733333
Email: [1][South Lakeland District Council request email] 
Website: [2]www.southlakeland.gov.uk  
 
 

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References

Visible links
1. mailto:[South Lakeland District Council request email]
2. http://www.southlakeland.gov.uk/

Dear Scott,

I am writing in respect of your recent enquiry for information held by the
Council under the provisions of the Freedom of Information Act. You asked
the following:

I am writing in respect to a previous FOI request for some further
information, previously part of your reply with regards to the north side
of new road and the commons land was:

The Council owns only small parcels of land on the north side.  Each of
them are situated directly outside of a business/organisation premises and
has been used by the business or organisation for parking and/or vehicular
access for several years.

From this comment I would like to request some further information:

1.       Does the amount of time which a vehicle used the commons land
make a difference to the access of this.

2.       Does the rules for common land vary dependant upon the size of
the common land.

3.       If a vehicle or person has been using commons land for a set
period of time over a number of years effect their individual rights with
regards to this?

I can confirm the following:

1.       In order to acquire a right (known as an easement) of any nature
(parking, vehicular access, laying of pipes etc.), there are a number of
requirements that must be met.  One of those is that there must be at
least 20 years use (and sometimes longer) before a right can be acquired
through long use. 

However, another requirement is that there must be a parcel of land that
is burdened by the easement and a parcel of land that is benefitted by the
easement.  Land that is burdened is the land over which the easement has
been granted; land that is benefitted is the land that gains the
easement.  An easement is not granted to individuals or collections of
individuals; the benefit of an easement runs with land.  If a property
which has acquired an easement is sold, the person who owned it does not
retain the easement; it passes with the land to the next owner.

Due to the nature of the use of the land on the south side of New Road, it
is not possible for easements to be granted because this simply burdens
the land without any land gaining the benefit.

2.       No

3.       I refer you to our response to point 1

You are free to use any information supplied for your own personal use.
However, any other type of re-use, for example, by publishing the
information or issuing copies to the public will require the permission of
the copyright owner.

If you are not satisfied with the outcome of your FOI request, you have
the right to ask us to review our handling of your request. Any request
for an Internal Review must be made in writing within 40 days of this
response. Should you wish to request a review, please email
[1][South Lakeland District Council request email] or write to Paul Mountford, Principal
Performance and Intelligence Officer at the address below. Our Internal
Review Process is available on our [2]website.

Should you remain dissatisfied following our internal review, you can
refer the matter directly to the Information Commissioner.

Further information is available from the Information Commissioner at:

Information Commissioner's Office,

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

[3]www.ico.org.uk

Yours sincerely,

Emma

Emma Nichols | Community Engagement Officer

South Lakeland District Council, South Lakeland House, Lowther Street,
Kendal, Cumbria LA9 4DQ

Tel: 01539 733333 | Direct Tel: 01539 793268 | Email:
[4][South Lakeland District Council request email]

Website: [5]www.southlakeland.gov.uk

South Lakeland District Council Making South Lakeland the best place to
live, work and explore

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References

Visible links
1. mailto:[South Lakeland District Council request email]
2. https://www.southlakeland.gov.uk/media/1...
3. http://www.ico.org.uk/
4. mailto:[South Lakeland District Council request email]
5. http://www.southlakeland.gov.uk/