Dear Milton Keynes Council,
In a response to a FOI request in 2006, Milton Keynes Council stated that they signed an agreement with Inter MK and other partners that would require a restriction to be registered against the Title to the Stadium requiring the freehold interest in the Stadium to be transferred to the Council for a nominal £1 consideration should Pyramid 6 football cease to be played at the stadium for a continuous period of two years.
Please could you confirm if that Agreement was followed through with a restriction on the Title to the Stadium to that effect and, if so, provide further details of Milton Keynes Council’s interest in the freehold of the Stadium (e.g. the legal text of the restriction on the Title).
The title documentation on the deeds refers to the existence of a restriction imposed when when the land was transferred from The Council of The Borough of Milton Keynes to Stadium MK Limited on 15 August 2008 as part of a Schedule to the Transfer as well as several subsequent Deeds of Variation but does not specify what the restriction concerns.
Please could you supply a copy of:
* The Transfer of the land from MKC to SMK dated 15 August 2008 and the Schedule to it.
* Any subsequent Deeds of Variation and Release amending the 15 August 2008 Transfer and its Schedule, including those made on 18 November 2010, 7 November 2011, 28 June 2013, 5 September 2013 and 23 April 2015.
The View from Bradwell Common
FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST
Your request for information will not be processed. Milton Keynes Council (MKC) has reviewed your previous requests over the last year and concluded that your request is vexatious. In accordance with Section 17 of the Freedom of Information Act 2000 this letter acts as a Refusal Notice.
MKC has concluded that your request is vexatious we have received 9 requests specifically relating to the Stadium:MK and related land, InterMK Limited or Pete Winkelman between October 2018 and October 2019, 2 of which have since been resubmitted. Furthermore, of the 14 requests for information received from you since October 2018 (excluding resubmissions), 12 relate to these subjects or relate to FOIs which specifically relate to these subjects. MKC will therefore not respond to any further requests for information in relation to Stadium:MK and related land, InterMK Limited or Pete Winkelman. MKC will of course consider any future requests not related to these subjects.
MKC are also of the view that your request remains invalid in line with the ICO guidance for making a request under the Freedom of Information Act (Section 8). The ICO guidance states the following for requests submitted by an organisation:
35. If the request is from a company, then the authority should accept either its full registered name or a name that exists as a legal entity (such as a trading name) as valid.
36. Where the request is from a sole trader, the authority should accept either the proprietor’s name or the company name.
37. Again, companies’ names should generally be accepted at face value, but in any case where the authority has reason to verify the authenticity of the company, it should check Companies House or the Charity Commission Register to clarify whether it is a genuine organisation.
38. Requests from unincorporated bodies such as campaign groups or clubs are also valid and in most cases should be accepted at face value. However, if the authority has reason to check whether the organisation is authentic, it may need to take a more pragmatic approach to validating its identity because these bodies are often relatively informal associations of people with no ‘official’ status.
39. We therefore recommend that authorities adopt a lower and more informal test for determining whether a name provided by an unincorporated body is genuine.
“The View from Bradwell Common” is not a registered company or a sole trader. MKC also do not believe it to be an unincorporated body as the gov.uk site defines unincorporated associations as “an organisation set up through an agreement between a group of people who come together for a reason other than to make a profit (for example, a voluntary group or a sports club)” and to date all evidence suggests that “The View from Bradwell Common” is a lone individual.
It seems from the nature of the requests made subsequently that there is some concern regarding MKC / MKDP’s relationships with Stadium:MK and related land, InterMK Limited and Pete Winkelman. If you wish to clearly outline this concern, we will consider whether a valid request arises, and further whether there is any remaining material, held by MKC / MKDP, to be disclosed.
You have the right of appeal against the decision. If you wish to appeal please contact [email address], setting out in writing the grounds for your appeal, within 40 working days of this refusal. An internal review will then be arranged, which will be considered as part of Stage 2 of the Council’s complaints procedure.
You also have a right of appeal to the Information Commissioner at: Information Commissioner's Office
Tel: 0303 123 1113
Fax: 01625 524510
Freedom of Information Team
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