Mr Bainbridge, Waverley Borough Council, has stated "the council do not have freehold title deeds or any ownership rights to Frensham Common's" I did advise you that I am of the opinion your leasing of the ponds for fees is subject to the fraud act of 2006, the developments are subject to the criminal damage act 1971

Says Tony Barnett

Thank you for the documentation, however, they are not conclusive or legal subject to the fact, common lands and ponds are; registered with commoners rights, the land with commoners grazing, and are registered subject to the Commons Commissioners decision in 1965 (no owner-s could be traced) by vesting the ponds and land into the protection of the registering authorities, but no jurisdiction was included,(section 9, now registered under 2006 act s 45)

I did advise you that I am of the opinion your leasing of the ponds for fees is subject to the fraud act of 2006, the developments are subject to the criminal damage act 1971,statements to obtain consents for developments also fall under the 2006 fraud (false representation,abuse of office and failure to disclose).

As the out goings and in- comings from deeds of grants, grants of easement, entered onto/into accounts register are for public inspection, which you cannot refuse to disclose, this application I also made under an FOI.

Your statement that you have not had disclosed to you alleged ownership/conveyance documents or viewed the same, yet continue to support the alleged legality of ownership claims by Tim Butler, solicitor for the National Trust, therefore you may be held liable ( see G & K Ladenbau Ltd-V-Crawley & de Reya 1978 1WLR 266) see also section 4(1) 1965 act registering of ownership rights on and over common land.

In conclusion I will now request the Information Commission Office to take this matter further to bring matters to a swift conclusion, to use its powers to obtain documents forwarded from the national trust, too Waverley borough council, so that an approach may be made to the courts to make an order under section 41 2006 act.

Documents required are; pre-registration of titles to pre-date 1189 and conveyance documents, these should have been disclosed too and authenticated by a conveyance solicitor before any negotiations with national trust and waverley borough councils legal team.

Evidence forwarded to Jane Bowden, applicant for and on behalf of the council, made as owners of the common land and ponds.

As Mr Bainbridge has stated "the council do not have freehold title deeds or any ownership rights to Frensham Common's" what documentary evidence was disclosed to the applicant to cause the application to PINS?".