Access Rights

My family are currently in dispute over access rights over land in xxxxxx.  I attach a copy of a surveyors plan of the area, and ask the following questions under the Freedom of Information Act.

1. At what date after 1969 did the Ordnance Survey maps (of any scale) first include the words "Car Park" on the plot of land in question?

2. On what basis was the land designated as a Car Park?  Was this determined by one of your field surveyors having visited the site and seen cars parking on it or was it based on information given by the then owners, i.e. xxxxxx Council?

3. Do you have any additional information in your files on this plot of land dating from 1969 to the present day?

Thank you for your e-mail dated 1^st August 2011. Ordnance Survey responds to each of your questions in turn.  Please note that some of the information you have requested is exempt or is not held and this is detailed where applicable.

1. To determine the answer to your question, it would be necessary to view copies of historic Ordnance Survey mapping.

Ordnance Survey no longer has a historic map archive (this closed in July 2008) and although we do hold some historical scanned mapping of this area, this information is exemption under Section 21 (1) ‘Information accessible to applicant by other means’.  This absolute exemption applies because historic mapping is available by other means as detailed below:

In line with the Legal Deposit Libraries Act, Ordnance Survey, as a commercial publisher, has over many years, deposited copies of all of its publications with the six Legal Deposit Libraries and during the disposal of the Ordnance Survey historic map archive, these Legal Deposit Libraries had an opportunity to supplement or replace their own much more comprehensive holdings. 

Customers wishing to obtain information contained within historic mapping free of charge can apply to their local library. A small charge may be made for a copy if required.  Licensing terms and conditions do apply for mapping which is still within copyright (mapping produced within the last 50 years).

Copyright libraries offer a reading and copying facility for customers willing to visit and carry out their own searched. You may wish to contact a legal deposit library as follows:

The British Library
Web: http://portico.bl.uk/ 
Email: maps@bl.gov.uk 
Tel: 020 7412 7702

Bodleian Library Oxford
Web: http://www.ouls.ox.ac.uk/bodley/library/rooms/nbrr 
Email: maps@bodley.ox.ac.uk 
Tel: 01865 (2)77013

Cambridge University Library
Web: http://www.lib.cam.ac.uk/deptserv/maps/ 
Email: library@lib.cam.ac.uk.
Tel: 01223 333000

National Library of Scotland
Web: http://www.nls.uk/collections/maps/index.html 
Email: maps@nls.uk 
Tel: 0131 623 3970

Library of Trinity College Dublin
Web: http://www.tcd.ie/Library/libraries/map.php 
Email: map.library@tcd.ie 
Tel: (+353 1) 896 2087/1544

National Library of Wales
Web: http://www.llgc.org.uk/index.php?id=maps 
Email: holi@llgc.org.uk 
Tel: 01970 632933

Additionally, The National Archive (TNA) also hold a number of maps which held manuscript annotations as these qualified as Public Records under the Public Records Acts, and you may considering contacting them as follows:

The National Archives
Kew
Richmond
Surrey
TW9 4DU

Telephone: 0208 876 3444
www.nationalarchives.gov.uk/contact

We also consider this historic scanned mapping is exempt under Section 43 (2) of the FOIA 'Commercial Interests'.  This is because there are two organisations who make historic mapping available at a cost as part of their core business therefore the release of this information by Ordnance Survey would harm the commercial interests of these organisation. These organisations hold digital versions of many maps dating from 1840-1995.  Mapping can be viewed and purchased on line and can be delivered using various media.

Groundsure
Web: www.groundsure.com/online_orering.htm
E-mail: info@groundsure.com
Telephone: 01273 819500

Landmark Information Group
Web: www.old-maps.co.uk
E-mail: mailbox@landmark-information.co.uk
Telephone: 01392 441700

2. Ordnance Survey does not hold any evidence to determine the basis of the land in question being designated as a Car Park. However, under Section 16 of the FOIA ‘The duty to provide advice and assistance’  we advise that generally in these cases an Ordnance Survey surveyor would determine land as a car park with evidence such as sign boards or by making local enquiries with residents or shop keepers.

3. Ordnance Survey does not hold any additional information in relation to the plot of land you refer. 

Your enquiry has been processed according to the Freedom of Information Act (FOIA) 2000. Under Section 43 (2) Commercial Interests which is a qualified exemption, we believe there is public interest in ensuring companies are able to compete fairly in competitive markets and we therefore consider there is greater public interest in withholding the information under this exemption.

If you are unhappy with our response, you may raise an appeal to our Appeals Officer at:

FOI Appeals Officer
Customer Service Centre
Ordnance Survey
Adanac Drive
SOUTHAMPTON
SO16 0AS

Please include the reference number below. The Appeals Officer will ensure that the process has been followed correctly, questioning any decisions taken regarding the original response and recommending disclosure of additional information if appropriate.

Thank you for your enquiry.

Reference number: FOI11204/August 2011