Information Request
 
Thank you for your email.  This is to acknowledge receipt of your
request.  Your request will be handled by an officer who will respond
appropriately under the terms of the Freedom of Information Act 2000 or
Environmental Information Regulations 2004 as appropriate.

In some circumstances a fee may be payable and if that is the case I will
let you know. A fees notice will be issued to you, and you will be
required to pay before I will proceed to deal with your request.

You will receive the information requested within 20 working days unless
the Council does not hold the information or there is a reason for it to
be withheld. I will write to you in any event.
 
Whilst it is the Council policy to provide information wherever possible,
I need to advise you that there are a number of exemptions under the
Freedom of Information Act 2000 or Exceptions under the Environmental
Information Regulations 2004.  These may prevent the Council from
releasing all or some of the information you have asked for.   You will,
however, be informed if this is the case and we will explain why.
 
Yours sincerely,
 
Paul Mountford | Principal Performance & Intelligence Officer
South Lakeland District Council, South Lakeland House, Lowther Street,
Kendal, Cumbria LA9 4DQ
Tel: 01539 733333
Email: [1][South Lakeland District Council request email] 
Website: [2]www.southlakeland.gov.uk  
 
 

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References

Visible links
1. mailto:[South Lakeland District Council request email]
2. http://www.southlakeland.gov.uk/

Dear Scott,

I am writing in respect of your recent enquiry for information held by the
Council under the provisions of the Freedom of Information Act. You asked
the following:

With regards to my previous FOI request you commented that :

As set out above those businesses on the North side are likely to have
acquired legal rights to drive over and park on the land due to long use,
consequently, it is down to each business owner to undertake a risk
assessment and take steps, where necessary, to address any risks
identified.

could you with regards to this answer the following questions:

1.       If the businesses have acquired legal rights to drive over and
park on the land, is this just for the businesses vehicles, or does this
give rights to the general public also.

2.       Could you let me know how many successful rights of access there
is for the north side of new road. 

3.       Are all these rights of access for businesses and do these all
entitle access for both the business and the public.

I can confirm the following:

1.       A right to park/drive over land is an easement.  In order to
acquire an easement of any nature (parking, vehicular access, laying of
pipes etc.), there must be a parcel of land that is burdened by the
easement and a parcel of land that is benefitted by the easement.  Land
that is burdened is the land over which the easement has been granted;
land that is benefitted is the land that gains the easement.  The benefit
of an easement runs with land; therefore, it is the use of the land for
matters relating to that business (or previous businesses occupying the
same property) that is important.

2.       There are no easements for parking registered against any of the
business premises.  This does not necessarily mean that they have not
acquired rights to drive/park through long use but rather that they have
not formally been recorded against their title documents.

3.       Such rights are acquired by the business concerned.  Any use open
to the public would be for use in connection with that business.

You are free to use any information supplied for your own personal use.
However, any other type of re-use, for example, by publishing the
information or issuing copies to the public will require the permission of
the copyright owner.

If you are not satisfied with the outcome of your FOI request, you have
the right to ask us to review our handling of your request. Any request
for an Internal Review must be made in writing within 40 days of this
response. Should you wish to request a review, please email
[1][South Lakeland District Council request email] or write to Paul Mountford, Principal
Performance and Intelligence Officer at the address below. Our Internal
Review Process is available on our [2]website.

Should you remain dissatisfied following our internal review, you can
refer the matter directly to the Information Commissioner.

Further information is available from the Information Commissioner at:

Information Commissioner's Office,

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

[3]www.ico.org.uk

Yours sincerely,

Emma

Emma Nichols | Community Engagement Officer

South Lakeland District Council, South Lakeland House, Lowther Street,
Kendal, Cumbria LA9 4DQ

Tel: 01539 733333 | Direct Tel: 01539 793268 | Email:
[4][South Lakeland District Council request email]

Website: [5]www.southlakeland.gov.uk

South Lakeland District Council Making South Lakeland the best place to
live, work and explore

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References

Visible links
1. mailto:[South Lakeland District Council request email]
2. https://www.southlakeland.gov.uk/media/1...
3. http://www.ico.org.uk/
4. mailto:[South Lakeland District Council request email]
5. http://www.southlakeland.gov.uk/