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Harold Park/Horsfall

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debbie fitzpatrick

Dear Bradford City Council,
1.Please provide the following information whether land known as Horsfall stadium and playing fields by virtue of title and map.(wibsey slack and low moor enclosure 1881 ) is beneficial land gifted in trust. (put simply was or is this land part of the beneficial gift maintained by parliamentary statute)
2.Please provide by way of map and description what the council accepts and understands as a result of its appropriation (incorparation) as the operational boundary of Harold park.(put simply, please define clearly the operational boundary of the municipal park known as Harold park given its known inclusion by way appropriation in 1931 as public open space )

(For avoidance of doubt please be clear on the status of Horsfall playing fields and stadium as to whether it its inclusive to Harold park.)

Yours faithfully,

debbie fitzpatrick

Freedom of Information, Bradford City Council

If you have submitted a request for information under the Freedom of
Information (FOI) Act or a Subject Access Request (SAR) for your own
information, please note you may experience a delay in receiving your
response. This is due to the Council diverting their resources to help
with other challenges at this unprecedented time

 

 

Thank you for contacting the City of Bradford Metropolitan District
Council Corporate Information Governance Team.  We confirm that we have
received your correspondence.

 

If you have submitted a Freedom of Information or Environmental
Information Regulation request – we will respond to your request in
accordance with the appropriate legislation (20 working days). 

 

If we require further information from you before we process your request,
we will contact you directly to ask for this. 

 

City of Bradford Metropolitan District Council is registered with the
Information Commissioners Office (ICO) under the provisions of the Data
Protection Act 2018.  If you would like further information please click
on the following link: [1]Privacy notice | Bradford Council

                                              

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Martyn Baldwin, Bradford City Council

Debbie Fitzpatrick

 

Further to your request for further information on the above site I am
writing to inform you that I am still  in the process of compiling a
response and have been granted an extension of time to reply until the 21
June 2021.  I will be in contact again with you shortly.

 

Regards

 

Martyn Baldwin

Estate Surveyor
Estate Management

Tel:  01274 432255

         07582101717
1st Floor Argus Chambers

Hall Ings, Bradford BD1 1HX

City of Bradford Metropolitan District Council
Department of Corporate Resources

“Working with people and partners for a healthier, caring, more prosperous
and sustainable Bradford District.”

Bradford is the world’s first UNESCO City of Film

·  Creating the conditions  ·  Making innovation and skills central to the
economy  ·  Trading on our culture of enterprise

This e-mail, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed.  It may contain sensitive or protectively marked material and
should be handled accordingly.  If this e-mail has been misdirected,
please notify the author immediately.  If you are not the intended
recipient  you must not disclose, distribute, copy, print or rely on any
of the information contained in it or attached, and all copies must be
deleted immediately.  Whilst we take reasonable steps to try to identify
any software viruses, any attachments to this e-mail may nevertheless
contain viruses which our anti-virus software has failed to identify.  You
should therefore carry out your own anti-virus checks before opening any
documents.  Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this e-mail.   E-Mails may be subject to recording and / or
monitoring in accordance with relevant legislation.

 

debbie fitzpatrick

Dear Martyn Baldwin,
Hope this email finds you well ,please could you inform me whom has granted you authority for a extension period ,please can advise me why you (the council) have gifted upon yourself an extension please identify the officer or authority granting or the source of such extension .with specific regard to the section of the act that your reliant on .The matter before you is a simple provision to provide documents available to you as a asset management officer .I trust your response will be forthcoming in the requsite 21 days without delay or obstruction as required in law.Please advise whether you( Martin Baldwin) in the handling of this matter are acting under instruction.

Yours sincerely,

debbie fitzpatrick

Martyn Baldwin, Bradford City Council

2 Attachments

Dear Mrs Fitzpatrick

Please find attached a letter in response to your above request.
With regard to your question about extension of time for reply, this is something that is only agreed upon detailed justification and reasoning submitted to the Councils Freedom of Information Team by the officer dealing with the matter. In this case I was awaiting advice from other officers of the Council before I was able to make a full response. I trust this answers your inquiry.

Martyn Baldwin
Estate Surveyor
Estate Management

Tel:  01274 432255
         07582101717
1st Floor Argus Chambers
Hall Ings, Bradford BD1 1HX
City of Bradford Metropolitan District Council
Department of Corporate Resources

“Working with people and partners for a healthier, caring, more prosperous and sustainable Bradford District.”
Bradford is the world’s first UNESCO City of Film

·  Creating the conditions  ·  Making innovation and skills central to the economy  ·  Trading on our culture of enterprise

This e-mail, and any attachments, may contain Protected or Restricted information and is intended solely for the individual to whom it is addressed.  It may contain sensitive or protectively marked material and should be handled accordingly.  If this e-mail has been misdirected, please notify the author immediately.  If you are not the intended recipient  you must not disclose, distribute, copy, print or rely on any of the information contained in it or attached, and all copies must be deleted immediately.  Whilst we take reasonable steps to try to identify any software viruses, any attachments to this e-mail may nevertheless contain viruses which our anti-virus software has failed to identify.  You should therefore carry out your own anti-virus checks before opening any documents.  Bradford Council will not accept any liability for damage caused by computer viruses emanating from any attachment or other document supplied with this e-mail.   E-Mails may be subject to recording and / or monitoring in accordance with relevant legislation.

debbie fitzpatrick

Dear Bradford City Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Bradford City Council's handling of my FOI request 'Harold Park/Horsfall'.

Thank you for your response to which I have considerred and made comparision with other documents , plans and Titles . I am not of the belief that you have answered Part 2 of the Question put to you, which for avoidance of Doubt I seek Internal Review.

Your clarification om the Low Moor Inclosure , aside is noted

The question was not that to provide a series of Deed Titles re-bounded of recent but that determing the operational Boundary of Harold park which for avoidance of doubt may compromise of multiple Titles derived or ARN ( Assett Register Numbers ) both of which differ to the substance of request

FOr avoidance of Doubt “ 1931 saw a major extension to the park. Horsfall Playing Fields (now Horsfall Stadium) were made by the Bradford City Council under a the Unemployment Act. They were opened by Alderman S Horsfall, J.P. Chairman of the Parks and cemeteries Committee.”

“ On the front of Pavilion structure there is an engraving in the wall which says: City of Bradford Horsfall Playing Fields. These grounds were opened on the 5th day of September 1931 by Alderman S Horsfall JP Chairman of the parks and cemeteries committee from 1913.”

I also revert to the Site Plan Bradford, Harold Park, Horsfall Playing Fields: site plan – WY Archives

Please therefore confirm your understanding that the multiple titles comprising of Harold Park historically have been apropriated to remove it from the park prior the 2019 s123 Process. Should it have not been removed through due process prior to 2019 such as to be a separate entity ( either by removeal of POS or Lease ) then please state clearly so.

Please in summary , state the Councils position in respect of the All of Land and Infrastructure being held and incorporated as Harold Park from 1931 to its demise under ss123 LGA ( 2019 ) and provide any documentation that you the council may rely upon in respect of incorporation and extension of the park , that being not available elsewere

Please also confirm the provenance of the Pavilion which has been redrawn on title within two varying locations

I also correct your view to s123 notification as below please correct herin as a matter of record

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/h...

Yours faithfully,

debbie fitzpatrick

Freedom of Information, Bradford City Council

If you have submitted a request for information under the Freedom of
Information (FOI) Act or a Subject Access Request (SAR) for your own
information, please note you may experience a delay in receiving your
response. This is due to the Council diverting their resources to help
with other challenges at this unprecedented time

 

 

Thank you for contacting the City of Bradford Metropolitan District
Council Corporate Information Governance Team.  We confirm that we have
received your correspondence.

 

If you have submitted a Freedom of Information or Environmental
Information Regulation request – we will respond to your request in
accordance with the appropriate legislation (20 working days). 

 

If we require further information from you before we process your request,
we will contact you directly to ask for this. 

 

City of Bradford Metropolitan District Council is registered with the
Information Commissioners Office (ICO) under the provisions of the Data
Protection Act 2018.  If you would like further information please click
on the following link: [1]Privacy notice | Bradford Council

                                              

THIS IS AN AUTOMATED MESSAGE – PLEASE DO NOT REPLY

 

This email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this email has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this email may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email. Emails may be subject to recording and / or
monitoring in accordance with relevant legislation.

 

References

Visible links
1. https://www.bradford.gov.uk/privacy-noti...

Freedom of Information, Bradford City Council

Dear  Debbie,

 

Thank you for your request dated 21 June 2021 asking for an internal
review in relation to the Councils response to your information request
under the Freedom of Information Act.

 

Please note that it may take upto 20 working days allowed for disclosure
under a review to enable the Council to consider you review request and
provide a response. We aim to respond by 19 July 2021.

 

If you have any queries regarding your review request, please do not
hesitate to contact  the Corporate Information Governance team at
[Bradford City Council request email] quoting the above reference.

 

City of Bradford Metropolitan District Council is registered with the
Information Commissioners Office (ICO) under the provisions of the Data
Protection Act 2018. The Council takes its responsibilities under the Act
very seriously.  To find out more on how we handle your information,
please click on the following link:
https://www.bradford.gov.uk/privacy-notice

 

Regards

 

Ajmal Ali

Information Governance Officer

Finance, IT & Procurement Service

 

Telephone Number: 01274 434506

Email: [Bradford City Council request email]

 

City of Bradford Metropolitan District Council

Department of Corporate Resources

City Hall, Centenary Square, Bradford, BD1 1HY

 

This email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this email has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this email may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email. Emails may be subject to recording and/or
monitoring in accordance with relevant legislation.

 

Martyn Baldwin, Bradford City Council

Mrs Fitzpatrick

 

Further to your review request dated 21 June 2021 I must firstly apologise
for not responding by the 19 July 2021. I’ve been on holiday for the past
few days and, as yet, have been unable to obtain the necessary full legal
advice required.  I’ve sought and been granted an extension of time by the
Councils FOI Team until the  26 July 2021 to respond and will endeavour to
meet this date subject to your prompt response to the matters raised
below.

 

In order to assist in providing senior Council officers with the necessary
information to respond to your review request I’d ask that you answer the
following:-

 1. Please could you let me have any evidence that you may have the land
was appropriated in 1931 or any time thereafter?
 2. You state the following “I also revert to the Site Plan Bradford,
Harold Park, Horsfall Playing Fields: site plan ? WY Archives  ”
Please could you supply a copy of this plan and comment on to what it
refers.  
 3. You state “ Please also confirm the provenance of the Pavilion which
has been redrawn on title within two varying locations”. I do not
understand what your question is. Please supply further
evidence/clarification.
 4. You state “ I also  correct your view to s123 notification as below
please correct herin as a matter of record    ”      Please could you
clarify the correction you are referring to?    
 5. Please provide a correspondence address for us to contact you at.

 

I should point out that based upon the time taken so far we are already
close to the £450 limit of time allowed but nevertheless I will seek to
finalise  the matter upon receipt of clarification to the points raised.

 

Martyn Baldwin

Estate Surveyor
Estate Management

Tel:  01274 432255

         07582101717
1st Floor Argus Chambers

Hall Ings, Bradford BD1 1HX

City of Bradford Metropolitan District Council
Department of Corporate Resources

“Working with people and partners for a healthier, caring, more prosperous
and sustainable Bradford District.”

Bradford is the world’s first UNESCO City of Film

·  Creating the conditions  ·  Making innovation and skills central to the
economy  ·  Trading on our culture of enterprise

This e-mail, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed.  It may contain sensitive or protectively marked material and
should be handled accordingly.  If this e-mail has been misdirected,
please notify the author immediately.  If you are not the intended
recipient  you must not disclose, distribute, copy, print or rely on any
of the information contained in it or attached, and all copies must be
deleted immediately.  Whilst we take reasonable steps to try to identify
any software viruses, any attachments to this e-mail may nevertheless
contain viruses which our anti-virus software has failed to identify.  You
should therefore carry out your own anti-virus checks before opening any
documents.  Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this e-mail.   E-Mails may be subject to recording and / or
monitoring in accordance with relevant legislation.

 

debbie fitzpatrick

Mr Baldwin
Whilst I thank you for your reply to my request for internal review however
it would have been good practice on the councils part for a different person to have conduct the review.
and I would like to point out that I feel your response is somewhat unreasonable and remind you that Although I may be a member of the public I myself am not a public body and therefore I am exempt from the Information request you seem to be asking of me ,however in order to be reasonable I will endeavour to answer your questions to the best of my ability Below .
In the matter of information and record held by you , ( The Council) and requested from you , I remind you that the Duty , is that being required of you , is to provide the information being requested, such as to assist our research to date I trust also that my information request is not being prejudiced by any Senior Manager who might be gainfully employed as a legal who might seek to act with conflict of interest, resulting in a discriminatory and prejudicial set of circumstances denying the Public Interest in this matter, and revert you to the final paragraph of this response

Take note this is a simple information request about the operational boundary and nature of a municple park not as you imply an exchange of evidence or for that matter a legal matter.

1. It would be most unusual for an authority not to keep records of any business that they are required to administer legally or otherwise and as you are well aware is a requirement of and likely to be found on legal Documents you are obliged to retain on your Property and Assett Registers et .
Can I also ask you to qualify your response given to date in regard to Question 1 which I consider not to be fully met
(i) In respect of your response given to Question 1 Can you please qualify your understanding that if such land was not enclosed and purchased from the Manorial seat of Royds Hall held by the the Low Moor Co whether you , the Council Accept that the said Land was purchased as Common land and retains Common Rights. In respect of Land Part 4 Bounded in Blue on the in Wibsey slack and low moor Enclosure award map part 3 , and which in the main constitutes Horsfall playing fields and what you the council interpret it to mean , given the Council Hold the Inclosure Act as part of various Benevolent Gifts as a matter of record
(ii) Can you also please confirm that the Council entered into a Contract with the Fields In Trust (NPFA) as per that not indicated .
Don Earley, deputy chief executive of Fields in Trust, the operating name for the National Playing Fields Association, confirmed that his organisation had a contract with the Council after making grant aid available 70 years ago (2008) circa 1938 to help create the community playing fields.

2.On the Matter of site Plan, given your responses to date you have sought only to provide a singular terrier map with an ARN nor the extent of of any title plan(s) jointly or combined or for that matter that which has not drawn upon the historical deed title such as to form the operational boundary of Harold Park . You would not of course expect myself as a humble housewife to make a detailed geospatial analysis bases on the detailed surveys inherent in the Wibsey Slack & Low Moor Act (1881)

3.The question is clear Mr Baldwin , t, as to the Councils view where does the Title of the Pavilion reside , ie within the Boundary of Harold park.Put simply can you clarify where exact.

4.ON that Matter Mr Baldwin , , I do not claim to have intellect of the councils legal department in respect of s123 of the Local Government Act , but I revert to the following link to assist them in spotting any errors that they might think obvious or relevant
https://www.legislation.gov.uk/ukpga/197...

5. As this request was made through what do they know any correspondence should be placed here

Finally I refer to your assessment of Cost in respect of dealing this with request which I can only view as fanciful given most local authorities maintain accesible digital records, notwithstanding , local authorities pay from the Public Purse Senior Management to be both informed ,effective and efficient in their day to day work
Can I also take this opportunity to remind you of the Openess and Transpareny of Government Regulations (2014) Reg 10 (a) and 10 (b) and the consequences thereto in (2)

Yours sincerely,

debbie fitzpatrick

Martyn Baldwin, Bradford City Council

2 Attachments

Mrs Fitzpatrick

 

Thanks for your prompt response to my request for clarification to your
review request. I can confirm that whilst I have drafted the reply it has
been reviewed prior to despatch by both the Councils legal team and my
line manager. The response is below in red.

 

-------- Original message

show quoted sections

debbie fitzpatrick

Dear Martyn Baldwin,

Could you please clarify where exactly your reply below in red is ?

Yours sincerely,

debbie fitzpatrick

Martyn Baldwin, Bradford City Council

3 Attachments

Mrs Fitzpatrick

A PDF version of my email from yesterday is attached. This will hopefully resolve the issue of the text colour. It may assist if you check the original email on an alternative device.
I'd be grateful if you could acknowledge receipt and confirm that you are able to read the Councils response.

Martyn Baldwin
Estate Surveyor
Estate Management

Tel:  01274 432255
         07582101717
1st Floor Argus Chambers
Hall Ings, Bradford BD1 1HX
City of Bradford Metropolitan District Council
Department of Corporate Resources

“Working with people and partners for a healthier, caring, more prosperous and sustainable Bradford District.”
Bradford is the world’s first UNESCO City of Film

·  Creating the conditions  ·  Making innovation and skills central to the economy  ·  Trading on our culture of enterprise

This e-mail, and any attachments, may contain Protected or Restricted information and is intended solely for the individual to whom it is addressed.  It may contain sensitive or protectively marked material and should be handled accordingly.  If this e-mail has been misdirected, please notify the author immediately.  If you are not the intended recipient  you must not disclose, distribute, copy, print or rely on any of the information contained in it or attached, and all copies must be deleted immediately.  Whilst we take reasonable steps to try to identify any software viruses, any attachments to this e-mail may nevertheless contain viruses which our anti-virus software has failed to identify.  You should therefore carry out your own anti-virus checks before opening any documents.  Bradford Council will not accept any liability for damage caused by computer viruses emanating from any attachment or other document supplied with this e-mail.   E-Mails may be subject to recording and / or monitoring in accordance with relevant legislation.

show quoted sections

We don't know whether the most recent response to this request contains information or not – if you are debbie fitzpatrick please sign in and let everyone know.