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sale of land CYM408114 ANDCYM300399

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Dear Neath Port Talbot County Borough Council,
title numberCYM300399 ordnance survey map SS7596NE shows clearly three plots which were once garages owned by the late Trevor Lloyd of Kerris which weren't sold with any other land he owned??? Trevor built Kerris and owned much land around the property including the plots where the garages when Kerris was sold these were not sold with it, they are clearly visable although don't stand but the land as been sold for development I would like to know how any of this land was obtained by you as it was owned privately, parts belonging to the late Trevor Lloyd whos ownership belongs to next to kin who have not been informed about the sale or development of land

Yours faithfully,

amanda

FOI Team, Neath Port Talbot County Borough Council

Thank you for your Freedom of Information request, which was received today.  We are generally required by the Freedom of Information Act 2000 to provide you with a response within 20 working days, which will be on or before 6th June 2018 (taking into account May Holiday closures).  If we require any clarification or further details, we will contact you as soon as possible, if this is the case, then the timescale for response specified above may be subject to change.  If you have any queries, please do not hesitate to contact me.
Thank you
FOI Team

show quoted sections

Environment,

8 Attachments

Dear Madam

 

Please find attached the responses to the above FOI Request.

 

Yours faithfully

 

Environment
 
Neath Port Talbot County Borough Council/ Cyngor Bwrdeistref Sirol Castell-nedd Port Talbot Tel/ Ffôn: 01639 686868
 

We welcome correspondence in Welsh and will deal with Welsh and English correspondence to the same standards and timescales.

Croesewir gohebiaeth yn y Gymraeg a byddwn yn ymdrin â gohebiaeth Gymraeg a Saesneg i’r un safonau ac amserlenni
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Dear Neath Port Talbot County Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Neath Port Talbot County Borough Council's handling of my FOI request 'sale of land CYM408114 ANDCYM300399'.

[The information I was sent tom FOI inquiry does not justify the answers I requested, maybe years ago not now???? I have information that clearly shows that the land they sold for recent development on cook rees avenue as dwellings of garages that do not belong to the land sold and persons who these garages belong were not informed and no legal request or investigations made to find the owners of these dwellings, who actually live locally, since the mayor etc etc there have been other ownerships over the land which should be queried most recently the former head of the WRU now supposed to own the land entirely this as become a local matter of enquiry

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...

Yours faithfully,

amanda

FOI Team, Neath Port Talbot County Borough Council

Amanda
Thank you for your email, I have today forwarded your request to the Head of Legal Services for his attention.
Thank you
FOI Team

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Craig Griffiths, Neath Port Talbot County Borough Council

6 Attachments

Dear Madam

 

Re: Request for Internal Review in relation to FOI Request of the 8^th May
2018 concerning Sale of Land CYM408114 and CYM300399

 

As you will be aware, from previous correspondence between the Neath Port
Talbot County Borough Council (“the Council”) and yourself, under the
Council’s Freedom of Information Appeal process I am designated by the
Council to consider any requests for internal reviews of any decisions
taken by officers of the Council to refuse to release information which
has been requested by members of the public under the Freedom of
Information Act 2000.  The appeal or request for a review was sent to me
via email 11^th May 2018, having been received by the Council via email on
the 10^th May 2018.

 

In light of the above process, I have now had the opportunity to consider
your application for an internal review of the decision made by the
Council’s Property and Regeneration Section.

 

The purpose of this note is to inform you of the decision which I have
made in respect to your appeal and to indicate to you how I have come to
that decision. In doing so I, will throughout this letter, refer to
background facts and also include the contents of specific pieces of
correspondence passing between yourselves and the Council. This is done
for the purpose of providing both reference and context to my comments in
this decision.  It will also assist any third party public bodies to whom
you may wish to disclose this letter when considering my response.

 

As I understand it, your initial request for disclosure was made on the
7^th May 2018 at 03:04 whereupon you requested information concerning the
land within Land Registry Title CYM300399 and had a question in relation
to garages that you claim were owned by the late Mr Trevor Lloyd of
Kerris. You queried specifically as to how the land sold for development
included these plots when you claimed that the land belonged to the late
Mr Lloyd, the interest of which would now have passed to his estate.

 

It has been confirmed to me that a response to your request of the 7^th
May 2018 was issued directly to you on the 10^th May 2018. A copy of that
response has been provided to me in the course of me carrying out the
review process and it is the content of that response which has led to
your request for a review. Set out below is the substantive content of
that response:

 

I refer to your FOI request dated 8^th May 2018.

I note your query in respect of Land Registry Titles CYM408114 and
CYM300399 and can confirm that the larger part of the land in question was
purchased via a conveyance dated 20^th July 1937 between Herbert Phillip
John and the Mayor, Alderman and Burgesses of the Borough of Neath and the
smaller area was purchased via a conveyance dated 25^th July 1994 between
Herbert Phillip John and The Mayor, Alderman and Burgesses of the Borough
of Neath.

If you are dissatisfied with the response to your request, under the
Authority’s FOI Policy, you may appeal in writing setting out the reasons
why you think the decision is erroneous, to the Authority’s Monitoring
Officer at the following address:-

Head of Legal Services & Monitoring Officer

Civic Centre

Port Talbot

SA13 1PJ

Please be advised that in the event that you decide to appeal to the
Monitoring Officer and are dissatisfied with his response, you are
entitled under the FOI legislation to appeal directly to the Information
Commissioner, whose address is:-

Wycliffe House

Water Lane

Wilmslow

SK9 4AF

Website: [1]www.ico.gov.uk

 

On the 10^th May 2018, upon being dissatisfied with this information you
requested an internal review of the Council’s decision, stating that the
information forwarded to you on the 10^th May 2018 did not justify the
answers you requested, on the basis that information within your
possession demonstrated that the land sold by the Council in 2008 for the
purposes of development included the said garages, to which you contend,
that the said garages were not part of the Council’s ownership and no
legal request or investigation was made to find the owners of these
dwellings.

 

Having considered the above, I would now respond accordingly on these
points for your consideration.

 

Upon discussing the matter with colleagues from the Property and
Regeneration Section of the Council, they have advised me further with
regards to some of the background to this matter.

 

They comment that the said garages were at that the time of the original
transfer managed by the Hosing Services Section of the Council and the
tenancy agreements were specifically referenced in the transfer of the
ownership of Land from the Council to the now owner in 2008. A copy of
this Transfer would be available from the Land Registry, with a copy
lodged under title number CYM408114. At the point of transfer, the Council
would have required the purchaser to take on responsibility for these
dwellings for the duration of the then arrangements.

 

The Council however were the freehold owner of the said land at the time
the transfer was made as set out in the response made to you on the 8^th
May 2018.

 

I note however your comments that the ownership was resting with another
individual and if this point is contended, I would ask that perhaps you
make contact with the Council’s Property and Regeneration Section with
evidence to establish the same and the Council would gladly consider any
points made.

 

It would appear, from the Council’s perspective therefore that the
information you are requesting is not necessarily specific documents but
more commentary as to why you feel the Council was wrong to transfer the
ownership of these dwellings.

 

Perhaps the best approach therefore in order to resolve the situation to
your satisfaction would be the invoke the Council’s Complaints Procedure
and perhaps to make contact with our Property and Regeneration Section to
discuss your concerns and to review the evidence you feel you have to
dispute the Council’s position.

 

For that reason it would be appropriate for me to turn down your request
for an appeal of the Council’s decision in respect of your Freedom of
Information appeal but perhaps suggest the best way for us to resolve the
matter is for contact to be made with the Property and Regeneration
Section to discuss specific concerns you might have and I could gladly
provide you with contact details for this should you wish.

 

There is a right of appeal against this decision to the Information
Commissioner.  Any appeal should be submitted to the Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.

 

Yours faithfully

 

Head of Legal Services

 

 

Craig Griffiths

Pennaeth Gwasanaethau Cyfreithiol / Head of Legal Services

Gwasanaethau Cyfreithiol / Legal Services

Cyngor Bwrdeistref Sirol Castell Nedd Port Talbot / Neath Port Talbot
County Borough Council

Y Ganolfan Ddinesig / Civic Centre

Port Talbot

SA13 1PJ

 

Rhif / Tel: 01639 763767

 

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We welcome correspondence in Welsh and will deal with Welsh and English
correspondence to the same standards and timescales.

 

Croesewir gohebiaeth yn y Gymraeg a byddwn yn ymdrin â gohebiaeth Gymraeg
a Saesneg i’r un safonau ac amserlenni

 

This email and any files transmitted with it are confidential and intended
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Mae'r e-bost hwn ac unrhyw ffeiliau a drosglwyddir gydag ef yn gyfrinachol
ac at ddefnydd yr unigolyn neu'r corff y cyfeiriwyd hwy atynt yn unig. Os
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a anfonodd yr e-bost ar unwaith. Hefyd, sylwer nad oes unrhyw sicrwydd nad
yw'r e-bost hwn neu unrhyw ymgysylltiad yn rhydd o firws ac nad yw chwaith
wedi'i ryng-gipio na'i newid.

 

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Dear Craig Griffiths,
I have reason to believe and have further information regarding the purchase of this land in the form of council documentation that the land was purchased way before this by the now presumed new owner himself in the early 90s also a number of applications to you from the owner to develop on this land on a number of occasions much earlier than 2008??? Also one which states that the dwellings on the land purchased the garages did not belong to the council but a third parties which the applicant developer would have to make other arrangements, with third parties. The owner developer also decide to close and take over the public footpath as part of his land until he as recently been made to reopen it to regulative measurements and standards, I am aware as I am the one who brought this matter to the attention of a higher authority, the council aware of the plans why???? The matter I am stating if the developer was given planning permission to disrupt and use a public footpath right of way of which he was by the council and this to go ignored if no one noticed, then of course I it would only be right to appeal directly to the information commissioner regarding the matter of ownership of garages on CYM408114 as this matter was ignored by the purchaser when you stated a third party ownership and applications passed I feel perhaps the information I share with you may also be ignored and dismissed. I would like to speak to you Mr Griffiths when would be bes

Yours sincerely,

amanda

Craig Griffiths, Neath Port Talbot County Borough Council

Dear Madam

Thank you for your below email.

I would be glad to discuss the matter with you further, you will note my contact details are set out below and please feel free to contact me at any time.

As indicated in my below email, perhaps the best approach in order to resolve the situation to your satisfaction and address your concerns would be the invoke the Council’s Complaints Procedure (as opposed to a Freedom of Information request) and perhaps to make contact with our Property and Regeneration Section to discuss your concerns and to review the evidence you feel you have to dispute the Council’s position. That way the appropriate individuals can look at the property information held by the Council and also consider the records you have highlighted below.

I feel it best at this stage the matter be considered directly by our property team as my role in this process has just been to consider the matter from the Freedom of Information Act perspective.

If you were to contact me though I can provide you with the appropriate contact details as to the best individuals to speak to be able to consider the matter further.

Yours faithfully

Mr Craig Griffiths

Craig Griffiths
Pennaeth Gwasanaethau Cyfreithiol / Head of Legal Services
Gwasanaethau Cyfreithiol / Legal Services
Cyngor Bwrdeistref Sirol Castell Nedd Port Talbot / Neath Port Talbot County Borough Council
Y Ganolfan Ddinesig / Civic Centre
Port Talbot
SA13 1PJ

Rhif / Tel: 01639 763767

We welcome correspondence in Welsh and will deal with Welsh and English correspondence to the same standards and timescales.

Croesewir gohebiaeth yn y Gymraeg a byddwn yn ymdrin â gohebiaeth Gymraeg a Saesneg i’r un safonau ac amserlenni

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify the sender immediately. Please note also that there is no guarantee that this email or any attachment is virus free or has not been intercepted or amended.

Mae'r e-bost hwn ac unrhyw ffeiliau a drosglwyddir gydag ef yn gyfrinachol ac at ddefnydd yr unigolyn neu'r corff y cyfeiriwyd hwy atynt yn unig. Os ydych wedi derbyn yr e-bost hwn mewn camgymeriad, dylech hysbysu'r person a anfonodd yr e-bost ar unwaith. Hefyd, sylwer nad oes unrhyw sicrwydd nad yw'r e-bost hwn neu unrhyw ymgysylltiad yn rhydd o firws ac nad yw chwaith wedi'i ryng-gipio na'i newid.

show quoted sections

David A. Phillips,

Dear Mrs Lloyd

I refer to our recent telephone discussion regarding the above matter.

Craig Griffiths the Councils Head of Legal Services has now provided me with a copy of his email correspondence with you as set out below.

As you will be aware from this correspondence the Council held freehold registered title to all of the land in question at the date of disposal subject only to 3 garage tenancies the details of which were included in the transfer document.

As I understand it from your correspondence you are contending that you hold records which proves that part of the land was owned by a third party at the time of the disposal and in effect was not the Councils to sell.

If this is your contention then can you please provide either Craig or myself details of the same for due consideration as the Councils records show that it held freehold registered title to all of the land at the date of the disposal.

David

show quoted sections

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