Policy and Legislation relating to "end-of-garden" moorings

Nick Brown made this Freedom of Information request to Canal & River Trust

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Waiting for an internal review by Canal & River Trust of their handling of this request.

Dear Ms Young

Please provide the following information.

1. In this letter the following definitions apply:

1.1 The "Applicant" means the person making the Application.

1.2 The "Application" means the application for Mooring Consent made by the Applicant using the Form.

1.3 “CRT” means Canal and River Trust.

1.4 The “Criteria” means schedule of criteria by which CRT determines the Application.

1.5 "End of Garden Mooring" means a mooring onto land owned by the Applicant that adjoins a waterway falling under the jurisdiction of CRT.

1.6 The "Form" means the form entitled "Permission to Create a Long Term Mooring on Private Land"

1.7 The “Mooring Consent” means the consent granted by CRT to the Applicant to designate an End of Garden Mooring on the land of the Applicant.

1.8 The "Policy" means the policy statement relating to the granting of permission to create an "End of Garden Mooring"

2. A copy of the Form or in the alternative the URL where the Form may be found.

3. A copy of the Policy or in the alternative the URL where the Policy may be found.

4. If not stated in the Policy, the Criteria or in the alternative the URL where the Criteria may be found.

5. The legislative framework underpinning the right of CRT to:

5.1 designate (i) the Policy and (ii) the Criteria

5.2 require the Applicant to make the Application in order for the Applicant to designate a mooring on land over which CRT holds no riparian right

5.3 grant or refuse the Mooring Consent

For the avoidance of doubt this is a requisition under the Freedom of Information Act.

Yours Sincerely
Nick Brown

Sarina Young, Canal & River Trust

Dear Mr Brown,

Thank you for your e-mail and request for information we received on 7th September. I understand that you would like to receive the information requested in points 2 - 5 and note the definitions you list in point 1.

We are reviewing our files to identify information relevant to your request and will respond to you as soon as possible or in any case within twenty working days.

Kind regards,

Sarina Young
Customer Service Co-Ordinator
Canal & River Trust | The Kiln | Mather Road | Newark | NG24 1FB | Tel 01636 675 740 | [mobile number]
Please visit http://canalrivertrust.org.uk/publicatio... to view our Publication Scheme and to find out more about how we handle requests for information
Please visit our website to find out more about the Canal & River Trust and download our ‘Shaping our Future’ document on the About Us page.

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Sarina Young, Canal & River Trust

Dear Mr Brown,

 

I am writing further to your request for information which we received on
7th September.

 

We are not sure what information you wanted but we have answered your
questions as well as we can.  Please also note that the Freedom of
Information Act only covers recorded information; which includes
information held on computers, in emails and in printed or handwritten
documents as well as images, video and audio recordings.  We also do not
have to answer any question if it would mean creating new information or
giving an opinion or judgment that is not already recorded.  Nevertheless,
our response is below:

 

1.     In this letter the following definitions apply:

 

1.1           The "Applicant" means the person making the Application.

 

1.2           The "Application" means the application for Mooring Consent
made by the Applicant using the Form.

 

1.3           “CRT” means Canal and River Trust.

 

1.4           The “Criteria” means schedule of criteria by which CRT
determines the Application.

 

1.5           "End of Garden Mooring" means a mooring onto land owned by
the Applicant that adjoins a waterway falling under the jurisdiction of
CRT.

 

1.6           The "Form" means the form entitled "Permission to Create a
Long Term Mooring on Private Land"

 

1.7           The “Mooring Consent” means the consent granted by CRT to
the Applicant to designate an End of Garden Mooring on the land of the
Applicant.

 

1.8           The "Policy" means the policy statement relating to the
granting of permission to create an "End of Garden Mooring"

 

2.     A copy of the Form or in the alternative the URL where the Form may
be found.
We do not recognise the definitions set out in 1. above but we refer you
to our document entitled “New Moorings Against Private Land Along the
Waterway” which you can find at: 
[1]http://canalrivertrust.org.uk/media/libr...

 

3.     A copy of the Policy or in the alternative the URL where the Policy
may be found.
We do not recognise the above definitions set out in 1. above but we refer
you to our document entitled “Policies for Moorings along the Banks of our
Canals and Rivers” which you can find at:-
[2]http://canalrivertrust.org.uk/media/libr...

 

4.     If not stated in the Policy, the Criteria or in the alternative the
URL where the Criteria may be found.

The criteria in respect of our documents which are referred to in our
responses to questions 3 and 4 above are on page one of these documents.

 

5.     The legislative framework underpinning the right of CRT to:

 

5.1           designate (i) the Policy and (ii) the Criteria

 

5.2           require the Applicant to make the Application in order for
the Applicant to designate a mooring on land over which CRT holds no
riparian right

 

5.3           grant or refuse the Mooring Consent

 

Both under Section 43(3) of the Transport Act 1962 and under common law as
landowner, the Trust has the power to introduce policies, criteria, terms
and conditions etc.  We do not recognise the definitions set out in 1.
above and please note that, where we give boaters permission to moor, this
is over land owned by CRT.

 

If we haven’t reasonably met your expectations in relation to a request
for information or you believe we may not have acted in accordance with
the above legislation you should write in the first instance to Kelly
Radley Head of Customer Relations, Canal & River Trust, First Floor North,
Station House, 500 Elder Gate, Milton Keynes MK9 1BB or to
[3][email address] outlining your concerns and
asking for a review to be undertaken. Your correspondence will be
acknowledged and a review of your case will be undertaken, usually by a
director or manager in a senior role.

 

Should you remain unsatisfied by the response you receive you are able to
contact the Information Commissioner’s Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire SK9 5AF [4]www.ico.gov.uk/Global/contact_us.aspx. 

                   

Kind regards, 

 

Sarina Young

Customer Service Co-Ordinator

Canal & River Trust  |  The Kiln  |  Mather Road  |  Newark  |  NG24 1FB 
| Tel 01636 675 740 | [mobile number]

Please visit http://canalrivertrust.org.uk/publicatio... to view our
Publication Scheme and to find out more about how we handle requests for
information

Please visit our website to find out more about the Canal & River Trust
and download our ‘Shaping our Future’ document on the About Us page.

 

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