I'd like a copy of the covenant on Rookery House in Rookery Park, Erdington Birmingham B24
Dear Birmingham City Council,
I believe that there is a covenant relating to the sale of Rookery House in Rookery Park, Birmingham (B24) and I would like a copy please.
Or alternatively the details of how to see the original. (Or a copy).
Yours faithfully,
Dean Shepherd
Our Ref: FOI16779/BPS/AMB
Dear Mr Shepherd
Further to your Freedom of information enquiry of 26 April 2017
I believe that there is a covenant relating to the sale of Rookery House
in Rookery Park, Birmingham (B24) and I would like a copy please.
Or alternatively the details of how to see the original. (Or a copy).
I would respond as follows.
Your enquiry has made reference to ‘the sale of Rookery Park House”, yet
the council remains the current owner. Your enquiry has therefore been
related to the original sale of the property to Birmingham City Council.
Your enquiry has been made with reference to the Freedom of Information
Act (FOIA), I would advise you that the Council does hold the information
you have requested and is exempt from disclosure by virtue of Section 39.
Section 39 of the FOIA provides an exemption for information that falls
within the scope of the Environmental Information Regulations 2004 (the
EIR) that give rights of public access to environmental information held
by public authorities.
Information is environmental if it meets the definition set out in
regulation 2 of the EIR. Regulation 2(1)(a) covers the state of the
elements of the environment including water, soil, land and landscape.
Regulation 2(1)(c) provides that information is environmental where it is
on: “measures (including administrative measures),such as policies,
legislation, plans, programmes, environmental agreements, and activities
affecting or likely to affect the elements and factors referred to in
[2(1)](a) and (b) as well as measures or activities designed to protect
those elements.”
Title Deeds, and Land Registry documentation is information about a piece
of land, and this includes measures affecting it such as covenants, or
rights of way etc. It’s essentially, environmental information relating
to registration of land, which can be seen as information on a measure –
namely the process of registering of land – that is likely to affect the
land itself. Therefore how a piece of land is registered, and to whom, is
likely to affect the use of that land and have a direct effect on it.
In accordance with our duty under R9(1) of the Environmental Information
Regulations to advise and assist, we can confirm that the requested
information is available at the following website
The details of the councils title to this land including the covenant
referred to is available here
[1]http://www.landregistry-titledeeds.co.uk/
If you are not satisfied with the response you may ask for an internal
review, please contact the Corporate Team at the address below:
Corporate Information Governance Team
Economy Directorate
PO Box 16366
Birmingham B2 2YY
If subsequently you are not satisfied with the Council’s decision you may
apply to the Information Commissioner for a decision. Generally, the ICO
cannot make a decision unless you have exhausted the complaints procedure
provided by the Council. The Information Commissioner can be contacted at
the following address:
The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545745
Web Address: [2]www.ico.gov.uk
Data Protection Act 1998
The information you have provided within your Freedom of Information
request will be held on our database and may also be held within manual
records for a period of 2 years from the date Birmingham City Council
received your request. Any personal data that you provide to Birmingham
City Council will be held in line with the requirements set out within the
Data Protection Act 1998.
Re Use of Public Sector Information
Where Birmingham City Council is the copyright holder of any information
that may be released, re-use for personal, educational or non-commercial
purposes is permitted without further reference to the City Council.
Where the re-use is for other purposes, such as commercial re-use, the
applicant should notify the City Council in writing to seek approval or
agree terms for re-use.
Yours sincerely
Name: Mark Bieganski
Job Title: Head of Property Strategy and Information
| 0121 303 3645 (office) | 07825 904495 (mobile) | 0121 303 3947 (fax)
postal address: Birmingham Property Services, Economy Directorate,
Birmingham City Council, PO Box 16255, Birmingham, B2 2WT
sat-nav address: 10 Woodcock Street, Birmingham, B7 4BL
[3]http://www.birminghampropertyservices.co...
References
Visible links
1. http://www.landregistry-titledeeds.co.uk/
2. http://www.ico.gov.uk/
3. http://www.birminghampropertyservices.co...
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