Patrick Commoners' Allotment Management & Restrictions

Summary

A request was made for legal title deeds, byelaw documentation, and environmental surveys regarding the Patrick Commoners' Allotment and motorcycle restrictions. The Department of Environment, Food and Agriculture responded that some information was sent, but not all requested data is held by the department.

Key Facts

• The request concerns the Patrick Commoners' Allotment defined by the Disafforesting (Commoners) Allotment Act 1866.
• The Department of Environment, Food and Agriculture (DEFA) confirmed it does not hold all the requested information.
• The request sought legal advice from the Attorney General's Chambers between 2018 and 2024 regarding land ownership.
• Information was requested regarding a 2020 ban on motorcycles and the associated public consultation process.
• The response was issued on 25 February 2026, six days after the request was received.

Data Disclosed

• 2026-02-09
• 2026-02-25
• 1866
• 2018
• 2024
• 2020
• 2015
• 6 pages
• 1 document
• 5292393
• IM4 3AS
• 01624 685854

Original Request

Under the Freedom of Information Act, please provide the following information regarding the land known as the Patrick Commoners' Allotment (as defined by the Disafforesting (Commoners) Allotment Act 1866 and any subsequent legislation):

1. Legal Title and Ownership Status

a. Provide copies of the Title Deeds or specific statutory instruments held by the Department of Environment, Food and Agriculture (DEFA) which grant the Department legal ownership (beneficial interest) of the Patrick Commoners' Allotment, as opposed to mere management or custodial rights.

b. Provide all internal legal advice, memos, or correspondence (redacted for personal data only) from the Attorney General's Chambers to DEFA between 2018 and 2024 regarding the Department's legal standing to act as the "landowner" in planning applications or commercial negotiations regarding the site and surrounding area (e.g., the Cross Vein/mining proposals).

1. The 2020 Motorcycle Restriction/Byelaw

a. Provide the specific Statutory Document (SD) number and a copy of the formal order/byelaw used to implement the 2020 ban on motorcycles on the Patrick Commoners' Allotment.

b. Provide a record of the Public Consultation process undertaken prior to this ban, including the dates of notice, the list of stakeholders consulted (specifically the Commoners' Trustees and Patrick Parish Commissioners), and a summary of the responses received.

c. If no formal consultation was undertaken, please provide the internal departmental justification for bypassing the consultation requirements usually associated with changes to land use or public access.

1. Scientific and Environmental Justification

a. Provide copies of the Ecological Impact Assessments or Botanical Surveys conducted specifically on the mining spoil areas of the Patrick Commoners' Allotment between 2015 and 2020 that identified motorcycle use as a primary threat to the habitat.

b. Provide any "Operations Likely to Damage" (OLD) notices issued under the Wildlife Act 1990 regarding this specific plot of land.

1. Consistency of Management (Commercial vs. Recreational)

Provide all correspondence between DEFA and third-party commercial entities (e.g., mining or prospecting firms) regarding access to the Patrick Commoners' Allotment from 2020 to the present.

Provide the departmental rationale explaining how industrial mining/prospecting is deemed compatible with the "fragile habitat" of the mining spoil, while recreational motorcycle use is deemed incompatible.

1. Trust Obligations

a. Provide a copy of the current Register of Commoners or the list of identified beneficiaries of the 1866 Trust that the Department maintains in its capacity as manager.

b. Provide records of any rent, fees, or royalties collected by DEFA for the use of the Patrick Commoners' Allotment and confirmation of whether these funds are held in a specific Trust account for the commoners or absorbed into the General Revenue.