Council Permission

Please post all topics here related to the research and gaining finding permission to metal detect.
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jarrett
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Re: Council Permission

Post by jarrett » Fri Feb 02, 2018 4:14 pm

I think it was on the last page that had a link to the Department for Communities and Local Government pdf about open spaces so will call them again and get a email addy for them and take that route,can see this being a slog although if they do not have a bylaw in place what happens if a ranger pulls you whilst at great risk to yourself and others whilst you are detecting!



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Re: Council Permission

Post by owdgit » Fri Feb 02, 2018 7:17 pm

re wigan council:
when i asked, one person said yes and another said no. so i did a freedom of information ...thing... and the legal department replied eventually. they said that wigan council has NO specific policy in place regarding the use of metal detectors on council land, but then said, so i will say it's not allowed.
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Re: Council Permission

Post by DionAstro » Sun Feb 04, 2018 10:23 pm

Owdgit, my freedom of information request was with Wigan council, the link further up has the reply on it but hetes the link again, Im in Leigh by the way.

https://www.whatdotheyknow.com/request/ ... ing-720880

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Re: Council Permission

Post by f8met » Mon Jun 11, 2018 3:51 pm

Link to East Devon policy. You can detect but not dig.

http://eastdevon.gov.uk/parks-gardens-a ... d-gardens/

And the policy on beaches

http://eastdevon.gov.uk/beaches/metal-d ... n-beaches/
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Re: Council Permission

Post by f8met » Mon Jun 11, 2018 3:53 pm

Bromsgrove have this document which gives permission

http://www.bromsgrove.gov.uk/media/9270 ... idance.pdf
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Re: Council Permission

Post by Wessexlad » Mon Jun 11, 2018 4:13 pm

Bury St Edmunds have three parks you can detect on. Needs an annual (paid-for) licence though.
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Re: Council Permission

Post by iDetect » Thu Jun 14, 2018 2:40 pm

DionAstro wrote:
Sun Feb 04, 2018 10:23 pm
Owdgit, my freedom of information request was with Wigan council, the link further up has the reply on it but hetes the link again, Im in Leigh by the way.

https://www.whatdotheyknow.com/request/ ... ing-720880
Isn't it amazing, despite the fact I asked the same question of Wigan Council in 2014 their response was exactly the same? So when they say they will be reviewing the lack of a policy "soon" you really do have to wonder what their understand of the word "soon" is.

I have compiled and submitted a public question, direct to Wigan Council Cabinet Committee and await a response within their promised 10 day deadline.
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Re: Council Permission

Post by DionAstro » Mon Jul 09, 2018 10:51 pm

Dont hold your breath lol.

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Re: Council Permission

Post by tcawood » Mon Jul 09, 2018 11:51 pm

I got an answer from Kirklees council today, they said no ;-(
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Re: Council Permission

Post by przemo1302 » Tue Oct 30, 2018 6:16 pm

I emailed South Lakeland Council for permission and they said no.

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Re: Council Permission

Post by sweepstick47 » Tue Oct 30, 2018 7:00 pm

When a council issues a 'no' to such a request, do they state chapter and verse in order to validate their stance? If not, it would be my suggestion to request the actual references. It's your right to know and their obligation to reply.

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Re: Council Permission

Post by przemo1302 » Wed Oct 31, 2018 8:22 am

They just wrote no without explaining why. So should I ask for actual by-laws or something else? Anyone has idea what exactly ask or had simillar situation? Thanks in advance.

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Re: Council Permission

Post by sweepstick47 » Wed Oct 31, 2018 9:24 am

It's my view, that you've been short changed by their scant 'No' reply. I would certainly be submitting a polite request for the references. I suspect it will fall to one of the 'catch-all' sections within a local by-law but it's certainly worth pursuing for clarification.
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Re: Council Permission

Post by przemo1302 » Wed Oct 31, 2018 5:46 pm

Thanks very much sweepstick47 for advice.

Ribble Valley Borough Council also said no.

So in reply I asked both:

Please, can you kindly send me references to Council policy or law etc., based on which you are not giving permission for metal detecting on Council land?

We will see if they even write anything back or ignore me.

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Re: Council Permission

Post by sweepstick47 » Wed Oct 31, 2018 6:58 pm

Good on you! ::g Let's hope, as with several other councils, they find themselves able to adopt a more sympathetic stance to your request.
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Re: Council Permission

Post by Ghost » Wed Oct 31, 2018 7:42 pm

My local council 15 years ago told me that each individual public park had to have its own bylaw stating metal detecting isn’t allowed , if they couldn’t produce the bylaw for the specific park only the police can stop you metal detecting if they think the holes you dig arnt filled back in for public safety’s sake .
I had it happen to me, policeman on a horse watched me after a complaint had been made, after filling my hole back in he said carry on .

Might be different now 15 years on, and each council might have its own rules

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Re: Council Permission

Post by Zyrbalax » Thu Nov 01, 2018 11:49 am

BANES is a no. Although the Head of Parks was very good, he did consider revising policy and took advice from various people (Conservation Office, Historic England, FLO); FLO in particular seems to have been heavily against (on grounds of potential damage to archaeological record apparently) - which I find rather disappointing.

Ho hum, didn't really expect anything different but you live in hope!

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Re: Council Permission

Post by przemo1302 » Mon Nov 05, 2018 6:46 pm

As I promised here you can find replies from 2 councils to which I wrote about metal detecting.
SLDC:
SLDC do not have a policy specific to metal detecting, however, our parks and open spaces are for everyone to use safely and are not to be dug up without prior permission.

In addition should any item be found on a park or open space it would belong to the council and the park users.

Where persons are discovered to be taking part in activities such as metal detecting they are requested to stop and move on.


For me sounds funny and looks like - go ahead and try not to be catched - so nighthawking which we do not respect.

Ribble Valey:

Thank you for your email, as landowner we can decide what is permissible on the open spaces we manage. Metal detecting is not something we will permit to occur, it is understood that unfortunately responsible participants in this activity are all prohibited just the same as those who are not so responsible. However this as landowner is our stance.

I am sorry that you will not be given permission and hope that you are able to find other land where you can participate in you activity.


That one basically says no, because we do not know what to do with it, so better just say no and we are (or person which wrote it) landlord and we will do what we want and where we want. Sounds like private landlord, they probably do not understand that they are working for us as a public servant.

That's all only my feelings, if you have different opinion please share it with me.

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Re: Council Permission

Post by Blackadder43 » Mon Nov 05, 2018 6:56 pm

Both of those replies fail to point out the "main" reason behind it all:
Insurance
Whoever supplys the councils insurance will place a blanket ban
Simply because if someone fell or tripped over a hole, and someone saw a metal detectorist on the land then the council would become liable for allowing the detectorist to dig holes and potentially leaving said holes in an unsafe situation
The insurance companies write a clause in that stops the councils making a claim on the insurance should someone take them to court

I was told that by a local councilor many years ago
He said if the insurance refuse to payout then the council would be liable and bankrupt
Sadly with a lot of things in todays world it is governed by money and blanket bans

You can but try, but you will find no is no in a lot of the cases

Some councils do allow it, they must have some agreement with their insurance, or have not looked into that side of things, or are burying their heads in the sand and hoping for the best.

I suppose it would be interesting to ask if the NCMD insurance policy would cover you if you dug on council land if they permitted it, would the NCMD insurance payout if someone tried to sue you for leaving a hole unsafe or deemed to be unsafe or accused of being unsafe?
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Re: Council Permission

Post by przemo1302 » Mon Nov 05, 2018 9:17 pm

Blackadder43 wrote:
Mon Nov 05, 2018 6:56 pm
Both of those replies fail to point out the "main" reason behind it all:
Insurance
Whoever supplys the councils insurance will place a blanket ban
Simply because if someone fell or tripped over a hole, and someone saw a metal detectorist on the land then the council would become liable for allowing the detectorist to dig holes and potentially leaving said holes in an unsafe situation
The insurance companies write a clause in that stops the councils making a claim on the insurance should someone take them to court

I was told that by a local councilor many years ago
He said if the insurance refuse to payout then the council would be liable and bankrupt
Sadly with a lot of things in todays world it is governed by money and blanket bans

You can but try, but you will find no is no in a lot of the cases

Some councils do allow it, they must have some agreement with their insurance, or have not looked into that side of things, or are burying their heads in the sand and hoping for the best.

I suppose it would be interesting to ask if the NCMD insurance policy would cover you if you dug on council land if they permitted it, would the NCMD insurance payout if someone tried to sue you for leaving a hole unsafe or deemed to be unsafe or accused of being unsafe?
You are right, good point ::g

We could save the time if councils could clearly state that they are not allowing, because of the their insurance terms and conditions. For me it would be enough and I would not ask any more questions.

I gently asked for reference to coucils policy, law etc - they have been just stating NO without explaining why and it looks like "I don't know anything about what he wants, better and safer will be, if I will say no, less paperwork etc."

I am not specialist in law but if something is not forbidden then is allowed.

If they haven't policy which says no to metal detection, how they want to forbid it? They will send policmen which will say stop or you will have a problem without any law reference or what?

I just can't stand this attitude (not only to metal detecting) in the most of council and government offices - "better say no - it is easier" or "I know better cause I have the power".

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