Public Land Holding in Powys

Pat James made this Freedom of Information request to HM Land Registry This request has been closed to new correspondence. Contact us if you think it should be reopened.

Response to this request is long overdue. By law, under all circumstances, HM Land Registry should have responded by now (details). The person who made the request can complain by requesting an internal review.

Dear Land Registry, are Powys County Council registered as the owners of any public land within the geographic boundaries of Powys, and if they are, what is the nature of such a registration.

Yours faithfully,

Pat James

Customer Support, HM Land Registry

LR Reference 160524-000007

Response By E-mail (Martin Johnston) (26/05/2016 12.48)
Dear Pat James
Thank you for your enquiry. The information you require is not available
under the freedom of information act as it is available by other means.
The attached practice guides sets out the steps to obtain the information
you require.
[1]https://www.gov.uk/government/publicatio...
Yours Sincerely
Martin Johnston
Durham CCC 3
Telephone: 0300 0060411
Customer By E-mail (Gurmale Sondh) (24/05/2016 07.27)
From: Pat James [[2]mailto:[FOI #336213 email]]
Sent: 23 May 2016 18:57
To: _FOI email address <[3][email address]>
Subject: Freedom of Information request - Public Land Holding in Powys
 
Dear Land Registry, are Powys County Council registered as the owners of
any public land within the geographic boundaries of Powys, and if they
are, what is the nature of such a registration.
 
Yours faithfully,
 
Pat James
 
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Dear Customer Support, I fear you have misinterpreted my request , the first part of which requires only a yes or no response. Dependent on the answer, the second part would only require a simple phrase in answer e,g, "held in the name of *****" or "held in trust". I do not require any sophisticated response as your reply or your guidance documentation would indicate.
Yours sincerely,

Pat James

Customer Support, HM Land Registry

LR Reference 160524-000007

Response By E-mail (Martin Johnston) (26/05/2016 13.20)
Dear Pat James

Thank you for your e mail. We understand the nature of your enquiry and we
have supplied the method for obtaining the information you require. I
regret without following the guide and making the application as per the
guide then we cannot assist you any further in this matter.

Yours Sincerely

Martin Johnston
Durham CCC 3
Telephone: 0300 0060411
Customer By CS E-mail (Pat James) (26/05/2016 13.10)
Dear Customer Support, I fear you have misinterpreted my request , the
first part of which requires only a yes or no response. Dependent on the
answer, the second part would only require a simple phrase in answer e,g,
"held in the name of *****" or "held in trust". I do not require any
sophisticated response as your reply or your guidance documentation would
indicate.
Yours sincerely,

Pat James

show quoted sections

Dear Customer Support, are you stating that you are refusing my valid FOI request, and if so, by what reason?

Yours sincerely,

Pat James

Customer Support, HM Land Registry

LR Reference 160524-000007

Response By E-mail (Brian Urie) (26/05/2016 15.10)
Dear Mr James
 
Thank you for your further email.
 
Under section 21 of the Freedom of Information Act 2000 (the Act), we are
not required to provide information in response to a request if it is
already reasonably accessible to you.
The information you have requested is available to you under our statutory
protocol under section 66 of the Land Registration Act 2000 and the Land
Registration Rules 2003.
 
S21(2)(b) of the Act states that information is reasonably accessible if
“it is information which the public authority or any other person is
obliged by or under any enactment to communicate (otherwise than by making
the information available for inspection) to members of the public on
request, whether free of charge or on payment.”
This means that section 21(2)(b) of the Act applies to your request.
 
My colleague has provided the procedure for obtaining the information 
through our statutory services in an earlier response.
 
Yours sincerely
 
Brian Urie
Durham CCC 1
Telephone: 0300 0060411
Customer By CS E-mail (Pat James) (26/05/2016 14.41)
Dear Customer Support, are you stating that you are refusing my valid FOI
request, and if so, by what reason?

Yours sincerely,

Pat James

show quoted sections

Dear Customer Support, please advise on how a yes or no answer to a specific question to a specific organisation on a specific matter is available by other means.

Yours sincerely,

Pat James

Customer Support, HM Land Registry

LR Reference 160524-000007

Response By E-mail (Brian Urie) (02/06/2016 10.27)
Dear Mr James

Thank you for your further email.
If you do not wish to obtain the information that Land Registry holds I
would suggest that the only way you are going to get a yes or no answer is
to approach the organisation directly and put the question to them.

Yours sincerely

Brian Urie
Durham CCC 1
Telephone: 0300 0060411
Customer By CS E-mail (Pat James) (27/05/2016 23.25)
Dear Customer Support, please advise on how a yes or no answer to a
specific question to a specific organisation on a specific matter is
available by other means.

Yours sincerely,

Pat James

show quoted sections

[Name Removed] (Account suspended) left an annotation ()

They are saying that it costs £11 to make a search for Powys' holdings, if you use the Land Registry.

And that its not available under FOIA.

Instructions are on the first link provided.

:::

You might try Powys - under FOIA - and ask what holdings it has.

Pat James (Account suspended) left an annotation ()

Powys County Council refuse the FOI request on the grounds that such information is readily available by alternative means i,e, The Land Registry.

[Name Removed] (Account suspended) left an annotation ()

It may not be exactiy what you want - but you could try asking for things like rental agreements (redacted) on land held, which Powys would hold - and the LR would not.

Powys might have a list of the visits if it's estates officer to its own holdings - say...in the past three years.

LR would not hold that.

A list of the income from these individual landholdings, which would be in the accounts?

Just some ideas..

Otherwise it's paying the LR fees.

Pat James (Account suspended) left an annotation ()

You misunderstand the situation, Powys County Council will never release such information for fear of exposure of maladministration.

[Name Removed] (Account suspended) left an annotation ()

Ok.. If it's impossible then stump up the £11.

Diana Smith left an annotation ()

Dear Pat James.

Big Brother Watch did publish a graph showing what councils owned across England & Wales, listing Golf Courses / Clubs / Public Houses / Parks / Bed and Breakfasts/ Hotels / Swimming Pools / Leisure Clubs etc. This was because of the budget and recommendations that councils should sell assets off to assist with the economic climate . So it might be worth you contacting them. previously BBW also did a graph showing which councils accessed the publics details via the DVLA Computers, so an interesting website and organisation to watch.
As for Land Registry , l chased them for years to get information, which they would not provide, I recieved confirmation in March 2009 that my DPA(SAR) was a valid request that they would comply with. They didn't. The Information Commissioners Office told me they had a years backlog and did not come on board until November 2010. They proved useless refusing me on three occassions for fast tracking to assist the many court cases l was forced into without my stolen conveyance document that Land Registry stole. Eventually the ICO directed me to put in my request again and to word it exactly the same. Then they said Land Registry had breached the DPA as of 21 st January 2011.
This ruling was made in August 2011 , after some more wasted court hearings with me still not having my conveyance document or copy of it under the DPA. Land Registry lied to the ICO saying l had not paid the fee for my DPA(SAR) of March 2009, when they had not presented my cheque that l located in my title file at Peterborough Land Registry on 3 rd June 2011. I would gauge you are entitled to a yes or no answer to your request , please remember Land Registry Staff are about causing you litigation, even in cases where you hold 100 % proof of their malfeasance.
In my case much property and land that had already been confirmed to be my registered land , was targeted involving several parties with Land Registry Staff ringing their solicitors to ensure l was not provided with disclosure. And all the time in my deeds held by a total of five solicitors , who all while supposedly acting for me, held my deeds, was the original certified Land Registered Documents on forms for registered land, showing it all registerd to the title l bought . Even a manager at Inland Revenue confirmed SDLT was paid by me and the vendors before me , for the whole acreage. In my eyes Land Registry amounts to a squalid shower of people acting outside any recognised remits for their roles.