Re-Use Request for National Heritage List for England Designation Data

The request was successful.

Dear Historic Buildings and Monuments Commission for England,

I see that the data in the various designation categories comprising the National Heritage List for England are available for download from https://services.historicengland.org.uk/... . However, the "Terms and Conditions" presented when a download is chosen form a non-standard licence. Some are titled "Open Government Licence Agreement" and others "Ordnance Survey Open Data Licence Agreement". In both cases, the your terms include additional constraints on the use of the data which go beyond those in the named licence itself. These constraints unfortunately preclude a particular use-case I have in mind. Also, you should be aware that Ordnance Survey have deprecated their "Ordnance Survey Open Data Licence" in favour of using the standard "Open Government Licence" for their derived data some time ago.

Therefore under the Re-Use of Public Sector Information Regulations 2015, I would like to formally request permission to reuse each of the datasets available form https://services.historicengland.org.uk/... under the (unmodified) terms of the Open Government Licence v3.0 [1].

The purposes for which I wish to re-use the information are : (1) to help improve the mapping and description of historic/heritage sites in OpenStreetMap, and (2) to make a consolidated dataset available to others under an open licence in different GIS formats.

I believe that your current terms and conditions unnecessarily restrict the way in which the information can be re-used, contrary to RoPSIR 12(2)(a). In particular, your terms prevent my use-case (1), as this requires a licence that is forwards-compatible with the Open Database Licence (ODbL) [2]. Therefore I am requesting permission to use your data under the standard Open Government Licence v3.0 (which is ODbL-compatible) instead.

For any datasets where this is not possible because of restrictions on commercial re-use, I would also like to request permission to re-use those datasets under the (unmodified) terms of the Non-Commercial Government Licence [3].

Yours faithfully,

Robert Whittaker

PS: I notice that some of these datasets appear to already be available under the Open Government Licence from http://www.geostore.com/environment-agen... . Could you confirm this is correct? If so, it would be helpful if the terms stated on your own site could be updated to reflect this standard licence for these datasets.

[1] http://www.nationalarchives.gov.uk/doc/o...
[2] http://opendatacommons.org/licenses/odbl/
[3] http://www.nationalarchives.gov.uk/doc/n...

Wilkins, Mark, Historic Buildings and Monuments Commission for England

1 Attachment

Our Ref: 16/1079

 

Dear Mr Whittaker,

 

Re: Request – National Heritage List for England Designation Data

 

Thank you for your email on the 28th February, In your email you have
requested the following:

 

'under the Re-Use of Public Sector Information Regulations 2015, I would
like to formally request permission to reuse each of the datasets
available form

[1]https://services.historicengland.org.uk/...

 

under the (unmodified) terms of the Open Government Licence v3.0

[1].

    

The purposes for which I wish to re-use the information are : (1) to help
improve the mapping and description of historic/heritage sites in
OpenStreetMap, and (2) to make a consolidated dataset available to others
under an open licence in different GIS formats.

    

I believe that your current terms and conditions unnecessarily restrict
the way in which the information can be re-used, contrary to RoPSIR
12(2)(a). In particular, your terms prevent my use-case

(1), as this requires a licence that is forwards-compatible with the Open
Database Licence (ODbL) [2]. Therefore I am requesting permission to use
your data under the standard Open Government Licence v3.0 (which is
ODbL-compatible) instead.

    

For any datasets where this is not possible because of restrictions on
commercial re-use, I would also like to request permission to re-use those
datasets under the (unmodified) terms of the Non-Commercial Government
Licence [3].

    

I notice that some of these datasets appear to already be available under
the Open Government Licence from

[2]http://www.geostore.com/environment-agen....

 

Could you confirm this is correct? If so, it would be helpful if the terms
stated on your own site could be updated to reflect this standard licence
for these datasets.

    

[1]
[3]http://www.nationalarchives.gov.uk/doc/o...

 

[2] [4]http://opendatacommons.org/licenses/odbl/

 

[3]
[5]http://www.nationalarchives.gov.uk/doc/n...

 

 

Your request will be considered under the Freedom of Information Act
(2000)/ the Environmental Information Regulations (2004).  We will be
writing to you within the statutory 20 working day timeframe with a
response to your request.  You will be informed if this is not possible.

 

Details of our review procedure are attached.

 

 

Yours sincerely, 

 

Mark Wilkins
INFORMATION RIGHTS OFFICER

IMT

) T 01793 414539

+ Historic England | Room 2/07 | The Engine House | Fire Fly Avenue |
Swindon | Wiltshire | SN2 2EH

: [email address]

 

We are the public body that looks after England's historic environment. We champion historic places, helping people to understand, value and care for them, now and for the future.
Sign up to our enewsletter to keep up to date with our latest news, advice and listings.

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This e-mail (and any attachments) is confidential and may contain personal views which are not the views of Historic England unless specifically stated. If you have received it in error, please delete it from your system and notify the sender immediately. Do not use, copy or disclose the information in any way nor act in reliance on it. Any information sent to Historic England may become publicly available.

References

Visible links
1. https://services.historicengland.org.uk/...
2. http://www.geostore.com/environment-agen...
3. http://www.nationalarchives.gov.uk/doc/o...
4. http://opendatacommons.org/licenses/odbl/
5. http://www.nationalarchives.gov.uk/doc/n...

Pearson, Jennifer, Historic Buildings and Monuments Commission for England

Our Ref: 16/1079

 

Dear Mr Whittaker,

 

Re: Request – National Heritage List for England Designation Data

 

Thank you for your email on the 28th February, in which you requested the
following:

 

I would like to formally request permission to reuse each of the datasets
available form

[1]https://services.historicengland.org.uk/...

 

under the (unmodified) terms of the Open Government Licence v3.0

[1].

    

I am requesting permission to use your data under the standard Open
Government Licence v3.0 (which is ODbL-compatible).

    

For any datasets where this is not possible because of restrictions on
commercial re-use, I would also like to request permission to re-use those
datasets under the (unmodified) terms of the Non-Commercial Government
Licence [3].

    

Having considered your request under the Re-Use of Public Sector
Information Regulations 2015, I can confirm that we are happy for you to
re-use the data under the standard Open Government Licence v3.0, and that
the licence information on our website will be updated in due course.

 

I hope that this information is helpful to you. Should you feel that the
Re-Use of Public Sector Information Regulations 2015 have been applied
incorrectly you may request an internal review. If you wish to do this you
should write to: Head of Information and Records at
[2][email address]

 

Yours sincerely, 

 

Jenny Pearson

 

Mrs Jennifer Pearson

 

SENIOR INFORMATION RIGHTS OFFICER – WED, THUR, FRI

 

T 01793 414537

We are the public body that looks after England's historic environment. We champion historic places, helping people to understand, value and care for them, now and for the future.
Sign up to our enewsletter to keep up to date with our latest news, advice and listings.

HistoricEngland.org.uk Twitter: @HistoricEngland

This e-mail (and any attachments) is confidential and may contain personal views which are not the views of Historic England unless specifically stated. If you have received it in error, please delete it from your system and notify the sender immediately. Do not use, copy or disclose the information in any way nor act in reliance on it. Any information sent to Historic England may become publicly available.

References

Visible links
1. https://services.historicengland.org.uk/...
2. mailto:[email address]

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