Author Topic: Local Councils duty to allow responsible pastime of Metal Detecting  (Read 2727 times)

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Cavelierchappy

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Re: Local Councils duty to allow responsible pastime of Metal Detecting
« Reply #15 on: October 08, 2015, 06:15 pm »
Just an update Rotherham Council stated to me that their Byelaws are possibly in the Archives at the Rotherham Museum (I know crazy or what).  Rotherham Museum archives phoned me today to state they may have the minutes written about discussing Byelaws but they do not actually have a record of any Byelaws claimed to be in active operation such as Metal Detecting Byelaws involving 'Open Spaces, walkways or parks'.  Now I am sure Rotherham Council is not the only Council in this Country that ignore the right of the individual to legally have open access to records involving byelaws................ this is an ongoing problem with many Councils........... misleading statements of 'No' to metal detecting because of a Byelaw that does not seem available to see or even exist.  So I will keep digging (excuse the pun) and attempt to unearth (there I go again) as a matter of interest as to whether such a Bylelaw exists with this particular Council.  Next I will communicate (again) by email with the Rotherham Metropolitan Borough Council Legal Department........ then failing an adequate answer......... London.  :o

Redfoot

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Re: Local Councils duty to allow responsible pastime of Metal Detecting
« Reply #16 on: October 08, 2015, 11:24 pm »
Civic Amenity, it is your legal right to have access provided by your local authority to park take in your hobby or pastime on local authority land, in its buildings for any legal activity. It was established by legal precedence and the local authorities were denied the right of appealing against the ruling.

Councils tend to try and ingnore requests and flim flam metal detectorists who ask to detect on the councils lands, they do not just own and manage parks, they own and manage farms, golf courses playing fields, school fields, wood lands foot paths bridle ways beaches and common land, they some times refere to the cutting of turf for burning as an excuse to deny permission but they have a legal duty to provide the public with a safe space to partake in their hobbies and pass times, they do not prevent golfers or allotment gardeners or tennis players footballers rugby players horse riders BMX cyclists, skate boarders athletes, swimmers photographers mothers groups childrens clubs scouts brownies girlguides or any other group from using their facilities lands and properties to stop metal detectorists is discrimination and it is illegal, you pay the same council tax and partake in a legally recognised pass time I suggest if you are being discriminated against you contact your MP and ask him to speak to the leader of your local council on your behalf, tell him you are trying to avoid taking legal action against the council for discrimination and he will get you a positive response, the more that do it the more councils will get themselves up to date and stop treating us as second class citizens who they believe are criminall inclined, their opinion of us is a disgrace.

Cavelierchappy

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Re: Local Councils duty to allow responsible pastime of Metal Detecting
« Reply #17 on: October 09, 2015, 01:08 pm »
REDFOOT thank you for your comment.................. yes totally on the same page with you.  As an update I have contacted a Government Office in London who have volunteered to get their legal experts on to the question of 'Is there a lawful duty of local Councils to have a register of Byelaws (England as to include Scotland and Wales for the moment would be too complex legally ( at least the last 40 years) which would involve metal detecting))).  If not is there a duty in law for a specific request by a Private Citizen to any Byelaws of interest to them.  So now thinking outside of the box and approaching this from a different route.  This should take about two weeks for a response. 

Cavelierchappy

  • Guest
Re: Local Councils duty to allow responsible pastime of Metal Detecting
« Reply #18 on: October 12, 2015, 03:09 pm »
UPDATE:
  Looks like the law is on our side in regards to the duty of Local Councils to provide a copy of Active Local Byelaws:  So now to my next step of contacting the local Monitoring Officer:  I will keep you posted.

Thank you for contacting the Department for Communities and Local Government.
 
Under the Local Government Act 1972, local authorities who make byelaws are required to keep a copy of any confirmed byelaws within Council offices and have this available for inspection without payment, and if necessary make a copy available upon a fee.
 
The statutory provision supporting this is s236(8) of the Local Government Act 1972. I attach a link to the relevant legislation.
http://www.legislation.gov.uk/ukpga/1972/70/section/236
 
If you are unable to access the byelaws through the Council, you may wish to contact the council’s Monitoring Officer.
 
I hope you find this information helpful, if you have any further questions please do not hesitate to contact me.
 
Kind regards,

 
 
Democracy
2nd Floor Fry Building
Department for Communities and Local Government
2 Marsham Street, London, SW1P 4DF