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who can use the land surrounded by Dunsley Terrace/West Street/Saxon Mount/Camp Road in South Kirkby, which is generally known as the Holmsley Estate Recreational Ground?

We're waiting for Brian Thomas to read a recent response and update the status.

Dear Wakefield City Council,
Can you tell me please if the land surrounded by Dunsley Terrace/West Street/Saxon Mount/Camp Road in South Kirkby, which is generally known as the Holmsley Estate Recreational Ground is on the Register of Common Land and Village Greens for our area or any other similar Government.Council register(s). If so which and where can I freely view them?
Exactly who has the legal rights to use the land and for what purpose and what those rights are and under what statute(s)?
What prohibitions are Wakedfield Council legally allowed to enforce upon the use of the land and under what statute(s)?

Yours faithfully,

Brian Thomas

freedomofinformation, Wakefield City Council

Dear Mr Thomas,

FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION

Thank you for your email requesting information under the Freedom of Information Act 2000 which we received on 07/12/2016. It is our intention to have the response delivered to you by 06/01/2017.

I would like to inform you that all requests submitted under the Freedom of Information Act 2000 might be subject to exemption(s), which the Authority is entitled to apply to refuse the request.

In some cases the Authority may also ask that a fee be paid for processing and delivering the information to you. Details of any fee to be charged, if applicable, will be notified to you as soon as possible.

Any future correspondence you may have in relation to this matter should be marked Private & Confidential and sent to the Senior Information Governance Officer, Information Management Team, County Hall, Wakefield WF1 2QW or e-mailed to [Wakefield City Council request email].

Yours sincerely

Information Governance Officer
Corporate Information Governance Team,
City Solicitor’s Office.
Wakefield MDC, County Hall, Wakefield WF1 2QW
Email: [Wakefield City Council request email]
Tel: 01924 306112

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freedomofinformation, Wakefield City Council

Dear Mr Thomas,

FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION

In our communication to you dated 07/12/2016, we informed you that the statutory deadline for the response to your request would be 06/01/2017.
Unfortunately, this did not take into account the Bank Holiday of 2 January 2017. I would therefore respectfully advise you that the
correct statutory deadline date is 09/01/2017.

Please accept our sincere apologies for any confusion or inconvenience which may have been caused by this oversight.

Yours sincerely

Information Governance Officer
Corporate Information Governance Team,
City Solicitor’s Office.
Wakefield MDC, County Hall, Wakefield WF1 2QW
Email: [Wakefield City Council request email]
Tel: 01924 306112

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freedomofinformation, Wakefield City Council

Dear Mr Thomas,
 
Freedom of Information Act 2000 - Request for Information
 
I am writing in respect of your recent enquiry for information held by the
Authority under the provisions of the Freedom of Information Act.
 
Please find the response to your request below.
 
Q. Can you tell me please if the land surrounded by Dunsley Terrace/West
Street/Saxon Mount/Camp Road in South Kirkby, which is generally known as
the Holmsley Estate Recreational Ground is on the Register of Common Land
and Village Greens for our area or any other similar Government/Council
register(s).
 
A. There is no registered common land or town or village greens in South
Kirkby.
 
Q. If so which and where can I freely view them?
 
A. There is no registered common land or town or village greens in South
Kirkby. However, information regarding sites of this nature is available
through the following link:
[1]https://data.gov.uk/dataset/common-land-...
In cases where the Council has copies of any documents, an appointment can
be arranged to view by contacting the Council's Corporate Landlord Team on
01924 305027.
 
Q. Exactly who has the legal rights to use the land and for what purpose
and what those rights are and under what statute(s)?
 
A. The list of what is acceptable and not is lengthy and we would
therefore respectfully refer you to the following site for further
information:  [2]https://www.gov.uk/common-land-village-g...
 
Q. What prohibitions are Wakefield Council legally allowed to enforce upon
the use of the land and under what statute(s)?
 
A. The majority of common land has an owner and certain people have rights
held in common to use that land for specified use of the soil. e.g.
grazing a specified type/number of animals, cutting turf etc. These
details are often specific to that piece of land/asset and are recorded in
the common land and town and village green registers.
 
Please do not hesitate to contact me should you have any further queries
regarding this matter.
 
Yours sincerely
 
Senior Information Governance Officer
Information Governance Team
City Solicitor’s Office
Wakefield MDC
Tel: 01924 306112
E-mail: [Wakefield City Council request email]
 

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Dear freedomofinformation,
Thank you for your help but could I please trouble you to be more specific for me as regards horse riding and vehicle activity on this particular land. i.e is it legally allowed or can Council prohibit these two actions under present law.

Yours sincerely,

Brian Thomas

freedomofinformation, Wakefield City Council

Dear Mr Thomas,

Thank you for your e-mail.

I will refer your query back to the colleague who provided me with the data and ask whether they can provide the answers you are seeking.

Yours sincerely

Senior Information Governance Officer
Information Governance Team, City Solicitor’s Office
Wakefield Council, County Hall, Wakefield, WF1 2QW
E-mail: [email address]
Tel: 01924 306112

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Dear freedomofinformation,
Could you please provide an expected date for any reply from your colleague please. I am confused by the information they have previously sent because they tell me that the area is not on any register, yet they only quote the site relevant to registered greens etc when trying to assist with the question of what statutes/laws/rules already apply.
Is it common land, free to roam, a village green, an open space, a green space, a Recreation Ground, a right of way, or just Council land, seems to be the sticking point? It is quoted as a "Recreation Ground" on official Council maps and to my mind has always been considered such by the community for my lifetime of 67 years!
My own belief is that there are NO hard and fast statutes/laws/rules concering this land and that Council DO reserve the right to prohibit horses and vehicles if they so wish to do so. This is the point that I wish to clarify one way or the other. No one seems to know the answer when I enquire of Council.
It is important to me because I feel that the horses and vehicles are really endangering the young children on the recreation ground and need prohibiting as soon as possible before the problem gets totally out of hand and therefore much harder to stop!
Any help would be gratefully received by myself and I suspect also the Council Official*s) that I am in contact with.
Many thanks in advance
Brian Thomas

Yours sincerely,

Brian Thomas

Dear freedomofinformation,

You haven't responded inan timely manner to my follow up question of 9th January regarding this issue despite my asking also for an update on 26th January.
Could you please try to answer now or do I need to request an Internal Review

Yours sincerely,

Brian Thomas

Dear Wakefield City Council,

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

I am writing to request an internal review of Wakefield City Council's handling of my FOI request 'who can use the land surrounded by Dunsley Terrace/West Street/Saxon Mount/Camp Road in South Kirkby, which is generally known as the Holmsley Estate Recreational Ground?'.
Council acted within the correct time framework in answering my intial query but the information they gave me made no sense in the fact that they told me the land is not registered, but then appeared to direct me to a web site primarily for registered land in answering my second question about access to the land. Perhaps I am missing somethng there but without explantion I am no wiser!
On 9th January 2017 I susbsequently asked for a better explanation of the question of usage where I specifically asked the more direct question along the lines of "Can Council prevent horse and vehicles using th Recreation Ground?"
No reply has been forthcoming on that other than the immediate reply stating that the question would be referred to the provider of the first response information.
I have politely reminded Council to reply on two occasions as of yet but have received no response to these reminders. The normal 20 days wait time has now expired since the 9th January 2017.
So as to prevent confusion I now ask the relevant question again and would appreciate a full response since it is my belief that the presence of horse and vehicles is preventing the reasonable expectations of the recreational use of the land, but more importantly is presenting a danger to the young children who play unsupervised on the Recreation Ground.
My question :-
Can Council specifically prohibit Horse Riding and Vehicles from using the land and if not what actual statute/law/rule prevents this being actioned?
I see no reson as to why this cannot be answered in a more direct reply other than quoting web sites!

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

Yours faithfully,

Brian Thomas

freedomofinformation, Wakefield City Council

Dear Mr Thomas,
 
FREEDOM OF INFORMATION ACT 2000 - REQUEST FOR INFORMATION 
 
Thank you for your request for an internal review which we received on
07/02/2017.  In accordance with the councils internal FOI Review procedure
we aim to respond to you within 20 working days or 40 in exceptional
circumstances.
 
Any future correspondence you may have in relation to this matter should
be marked Private & Confidential and sent to the Corporate Information
Governance Team, County Hall, Wakefield WF1 2QW  or e-mailed to
[Wakefield City Council request email].
 
Yours sincerely
 
Information Governance Officer
Corporate Information Governance Team
City Solicitor’s Office.
Email: [Wakefield City Council request email]
Tel: 01924 306112
 

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freedomofinformation, Wakefield City Council

Dear Mr Thomas,
 
Freedom of Information (FOI)/ Environmental Information Regulations (EIR)
Request Ref: 9750
Request for Internal Review 
 
Further to your request for an Internal Review in relation to your FOI
application, I can confirm that the Review Panel met on 23 February 2017. 
The Review Panel comprised myself and Ian Morse (Commercial & Regulatory
Law Team Manager – Legal and Governance Services), from the City
Solicitor’s Office.  Also in attendance were two officers from the
Corporate Information Governance team.
 
You requested the Review because you felt that the Council’s original
response did not make sense, in that you were advised that the land in
question was not registered, but were then directed to a registry website.
You also felt that, although the Council had processed your original
request in a timely manner, it did not respond to you within 20 working
days of having received additional queries from you.
 
The Panel considered the matter of why referral was made to the website
when we had advised you that the land in question was not registered (it
is classed as an “open public space”, owned by the Council). It was noted
that the initial response explained that data was available on the site
should you have any queries regarding other pieces of land. The officer
who provided the response was therefore attempting to give additional
assistance. The Panel accepted that this was done in the spirit of the
Freedom of Information Act 2000, as part of the Council’s duty to provide
assistance and guidance wherever possible, and there was no intention to
confuse you or supply you with contradictory information.
 
There are no specific legal powers which would enable the Council to seek
to prevent horses and vehicles crossing this area of public open space.
However, in circumstances where there was evidence that there was a
detrimental impact upon quality of life, the Council could consider the
use of other legislation providing the Council with general powers to
prevent antisocial behaviour and protect public open space.  This would be
done by applying to the Courts for either an Antisocial Behaviour Order
(ASBO) or a Public Space Protection Order (PSPO). In order to obtain an
ASBO evidence would be required to identify the individual(s) responsible
and successfully argue before a Court that they were causing a persistent
nuisance. In order to obtain a PSPO a Court would need to be satisfied
that there had been persistent action which was having a detrimental
effect on the local community.  From the information available to the
Council at this time there would not be sufficient grounds to commence
court proceedings to obtain either an ASBO or a PSPO.
 
With regard to the failure of the Council to respond to your subsequent
e-mails following the initial disclosure, the Information Governance team
was made aware that you were engaged in correspondence with several
Council departments, including the office of the Chief Executive. It was
therefore felt that, in order to avoid unnecessary confusion, it would be
best for one response to be sent to you on behalf of the Council. We
understand that this was sent to you by the Assistant Chief Executive –
Organisational Development on 17 February 2017. 
 
If you have any queries about this matter please direct your
correspondence (marked Private & Confidential) to the Senior Information
Governance Officer, Corporate Information Governance Team, County Hall,
Wakefield WF1 2QW or email [1][Wakefield City Council request email]
 
You also have the right to apply directly to the Information
Commissioner’s Office if you are unhappy with the outcome of the review. 
The Information Commissioner can be contacted at:
 
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
 
Yours sincerely,
 
 
Mathew Sorby
 
Principal Contracts & Commercial Solicitor – Legal Services
City Solicitor’s Office.
Wakefield MDC,
County Hall,
Wakefield
WF1 2QW
Email: [email address]
Tel: 01924 306112
 
 

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