FOI Request - Mitchells Lane, Archiestown

Request 101003503205

This lane was given its name via Environmental Services Committee 7 March 2007.

The naming was under Section 97 of the Civic Government Scotland Act 1982 which states that it has to be announced in a local paper. 

1. Please can you provide details of which paper and issue this was announced in? The report summary mentions the consultation was with councillors only.

2. What is the status of the land and the access status.
According to land registry this Lane does not exist and is on a private dwelling, 

3. What is the legal right of any access?

Response 07-03-2024

1. The naming of this street was not advertised in the local newspaper. Section 97 point b, states "after advertising in a newspaper circulating in their area any proposal to alter its name and taking into account any representations thereupon made to them within 28 days after the date of the first publication of the advertisement, alter any such name;" The requirement to advertise is only for when a street name is to be altered, i.e. changed/renamed, in this instance the street was deemed a new name as no existing name had been allocated under the Civic Government Scotland Act 1982 and therefore followed our common practice at that time of consultation with local councillors. As per our current Street naming and Property Numbering/Naming Policy and Procedures Guidelines advertising in a local newspaper only takes place when there is an alteration to an existing name. http://www.moray.gov.uk/downloads/file113421.pdf

2. Prior to the naming of the Lanes in 2007 this lane was recorded as a Private unadopted road in our List of Public Roads: UNNAMED LANE, 18/20 HIGH ST, PU ROAD No 2, Archiestown.

3. Not held. No other information held regarding the legal right of any access. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held.