Dear Canal & River Trust,

I request a schedule of all 'listed' buildings that have been sold ( including those placed into a joint venture) by the Canal and River Trust since its inception.

Yours faithfully,

Gerald Compton

Information Request, Canal & River Trust

Dear Gerald,

Thank you for contacting the Canal & River Trust with your enquiry. We are currently looking into this and will get back to you as soon as possible.

In the meantime, if you have any queries about this email, please do not hesitate to get in contact.

Kind Regards
Joshua

Joshua Fellows
Information Governance Administrator
Legal & Governance Services

E: [email address]

Canal & River Trust
Canal and River Trust, Aqua House, 20 Lionel Street, Birmingham, B3 1AQ

canalrivertrust.org.uk
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Joshua Fellows, Canal & River Trust

Dear Gerald,

Request Reference: FOI 56/21

Following on from my acknowledgement email on 26/03/2021 we have treated your request as a request for information under the Freedom of Information Act 2000.

I can confirm that while the Trust holds the information you have requested, its obligations under the Freedom of Information Act 2000 are limited in scope to information relating to statutory functions which were transferred to it from British Waterways under the British Waterways Board (Transfer of Functions) Order 2012 – these functions relate to the operation and licensing of vessels on our inland waterway network.

The information you have requested does not relate to the operation or maintenance of our waterways, rather it is in relation to 'listed' buildings that have been sold including those placed into a joint venture by the Canal and River Trust since its inception Therefore, the information you have requested falls outside the scope of the Act.

You can view a copy of the transfer of function order using the following link https://www.legislation.gov.uk/ukdsi/201....

If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of this email and should be sent by email to [email address] or by post to Information Officer, Legal Department, Canal and River Trust, Aqua House, 20 Lionel Street, Birmingham, B3 1AQ. You are also able to contact the Information Commissioner by telephoning 0303 123 1113 although please note they would usually expect you to have gone through our internal review procedure before contacting them.

Kind Regards
Joshua

Joshua Fellows
Information Governance Administrator
Legal & Governance Services

E: [email address]

Canal & River Trust
Canal and River Trust, Aqua House, 20 Lionel Street, Birmingham, B3 1AQ

canalrivertrust.org.uk
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@canalrivertrust

/canalrivertrust

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Gerald Compton

Dear Joshua Fellows,
I am writing to request that you rethink my recent request for "Listed building sold".
I am pleased to hear that you hold the information I have requested, and ask again that you release this on this platform or your web site on a voluntary basis.
The subject of the Trust's commitment to heritage is very relevant at this time with the fate of the Braunston Lock House in the balance, and the forthcoming review of the Trust's performance which no doubt will also consider paragraph 2.2 of The Trust’s charitable objects viz “protect and conserve for public benefit sites, objects and buildings of archaeological, architectural, engineering or historic interest on, in the vicinity of, or otherwise associated with Inland Waterways”.
I also observe that the Trust has recognised the need for further guidance with the creation of the Cultural Heritage Advisory Group. I observe that in the Trust’s web page news item for this, your chief executive, Mr Richard Parry is quoted as saying, “Waterways are part of the fabric of our nation and remain amongst the finest examples of industrial heritage in the world. The Trust is charged with protecting and conserving this heritage for future generations.” I think that secrecy is an inappropriate reaction by the Trust who should be able to defend it's record on any disposal of heritage assets.
I note that the Trust have undertaken to voluntarily release information where they can, regardless of whether they are obliged to do so. Clearly the Trust can release this information and failing to do so, leads me to the conclusion that there is something to be concealed.
If you chose not to release the information voluntarily, I request an explanation.
I find it very poor practice that you chose to cite the Freedom of Information Act and then use it to refuse a response.
I make this request without prejudice to any other appeal I may choose to make under the Freedom of Information Act, or the Environmental Information Regulations, both of which I believe require the Trust to release the relevant information.

Yours sincerely,

Gerald Compton

Information Request, Canal & River Trust

Dear Mr Compton,

I am writing to respond to your internal review request on 2nd May 2021.

After reviewing your original request and response sent by Mr Fellows I am in agreement that the requested information falls outside the scope of the Freedom of Information Act. Whilst the information you have requested does form part of the Trusts charitable objectives it does not relate to the Trusts statutory functions, the operation or maintenance of our waterways. Since the statutory functions transferred to the Trust in the Transfer of Functions Order 2012 any information in relation to activities that do not form part of our statutory functions, falls outside the scope of the Act.

You can view a copy of the transfer of function order using the following link : https://www.legislation.gov.uk/uksi/2012...

The Trust has previously voluntarily released information which is outside of scope of the FOIA in certain circumstances in order to promote openness and transparency however, we have only done this when the information has been readily available to us. The information you have requested, a schedule of all 'listed' buildings that have been sold (including those placed into a joint venture) by the Canal and River Trust since its inception, although out of scope would also be exempt from disclosure under Section 12 of the FOIA as to obtain this information we estimate would take us over 18 staff hours (calculated at £25 per hour in accordance with ICO guidance) to determine whether the information is held, locate that information, retrieve and send it in an appropriate format. The Trust has sold over 470 land and buildings (not including joint ventures) since 2012 which we currently don’t have a filter on to tell us which sales were for listed structures. To obtain this information we would have to manually go into each file to confirm whether the sale was for a listed building or not.

If you have any queries on specific building sales please let us know as we would be more than happy to look into this further.

If you are dissatisfied with the handling of your request for an internal review, then you are able to contact the Information Commissioner by telephoning 0303 123 1113.

Kind regards,
Hannah

Hannah Mobberley
Information Governance Advisor
Legal & Governance Services

Canal & River Trust
Canal and River Trust, Aqua House, 20 Lionel Street, Birmingham, B3 1AQ

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Dear Information Request,

Thank you for the reply.

I did not ask for an internal review, which I understand is related to FOI.

I request that voluntarily release the unedited long list of the properties sold.

Yours sincerely,

Gerald Compton

Dear Information Request,

Can you now please reply?

Yours sincerely,

Gerald Compton

Dear Information Request,
I have no response to this voluntary request, so I now take this as a refusal.
I therefore now request that you provide the list of the 470 land and buildings that the Trust has sold since 2012. I do so under the Freedom of Information Act 2000.
I see that you have kindly included a link for the Transfer Function 2012 and you state that this limits the scope of the FOI Act to “functions (that) relate to the operation and licensing of vessels on our inland waterway network” and separately “operation or maintenance of our waterways”. I observe these are not the same thing. I cannot find any of these limiting words in the Transfer Function. What I do see is a transfer of the powers from the Transport Acts of 1962 and 1968, subject to various exceptions.
In the Transport Act 1962 c31(1) I see property, rights and liabilities transferred to the Board (from BTC). I see no exception to this clause in the Transfer Function.
The function of sale of property is in my view covered by the powers of the Transport Act 1962 c31(1).
I conclude that sale of property is part of the statutory functions transferred to the Trust in 2012 and is not exempt from the Freedom of Information Act 2000.
I look forward to the prompt release of the information.

Yours sincerely,

Gerald Compton

Information Request, Canal & River Trust

Good Evening Gerald,

Upon reviewing your request the Trust has decided to try to voluntarily release the information you have requested and we are currently collating the information you have requested.

The Trust would like to state that at the overall national level there has been no diminution of the Trust’s overall number of listed buildings/structures as per our annual report.

We will provide a further response once we have any updates.

If you are dissatisfied with the handling of your request for an internal review, then you are able to contact the Information Commissioner by telephoning 0303 123 1113.

Kind Regards
Joshua

Joshua Fellows
Information Governance Administrator
Legal & Governance Services

E: [email address]

Canal & River Trust
Canal and River Trust, Aqua House, 20 Lionel Street, Birmingham, B3 1AQ

canalrivertrust.org.uk
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Dear Information Request,

I have not seen a reply on this. Can you please provide the information requested

Yours sincerely,

Gerald Compton

Dear Canal & River Trust,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Canal & River Trust's handling of my FOI request 'Listed building sold'.
I do so because of the repeated lack of any response from you.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/l...

Yours faithfully,
Gerald Compton

Information Request, Canal & River Trust

Dear Mr Compton

Request Reference: IR 20/21

Thank you for your request for internal review, I can confirm this request was received on 17/09/2021 and I am dealing with it in accordance with the Freedom of Information Act 2000 internal review procedure. Under the terms of the Act you are entitled to a response within 20 working days of receipt.

If for any reason we are unable to meet this deadline we will keep you fully informed of the reasons for this and will tell you when you can expect a response.

In the meantime if you have any queries about this email, please do not hesitate to get in contact. Please remember to quote the reference number above in any future communications.

Regards

Jane Orange
Information Governance Advisor
Legal & Governance Services
T: 07766 248243
E: [email address]

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Information Request, Canal & River Trust

11 Attachments

Dear Mr Compton,

 

Please find attached response to your internal review relating to your
Freedom of Information request. Please accept our sincere apologies for
the delay in responding to this request for information.

 

Regards

 

 

Jane Orange

Information Governance Advisor

Legal & Governance Services

T: 07766 248243

E: [1][email address]

 

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Canal & River Trust

 

National Waterways Museum Ellesmere Port, South Pier Road, Ellesmere Port,
Cheshire, England, CH65 4FW

 

[6]canalrivertrust.org.uk

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[7]canalrivertrust.org.uk/newsletter

 

[8][IMG]      
[9][IMG] [10]@canalrivertrust
[11][IMG] [12]/canalrivertrust
[13]/canalrivertrust
   

 

 

 

 

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Dear Information Request,

Thank you

Yours sincerely,

Gerald Compton