John H Reid Strategy Officer

01389 737434

E mail [email address]

[FOI #16297 email]

28 August 09

Dear Mr. White

Freedom of Information Request: Refusal

Planning Applications featuring Change of Use from A1

Information Requested

West Dunbartonshire Council received your request for information on 04 August 2009 relating to the following topic. You wrote:

Can you please let me know the following relating to planning

applications featuring a change of use from A1 (shop), under the

Town and Country Planning (Use Classes) Order 1987.

In the last 5 years:

1) How many planning applications have you received featuring a

change of use from A1?

2) Of those applications in 1, how many of these were

retrospective?

3) How many planning applications have you received from Starbucks

(or their representatives) featuring a change of use from A1?

4) Of those applications in 3, how many of these were

retrospective?

Reasons for Refusal

I confirm that we hold the information requested but are refusing your request, as set out under Section 16 of the Freedom of Information (Scotland) Act 2002. The decision to refuse your request was made on 24 August 09 by Pamela Clifford Section Head - Development Control.

Questions 1 & 2

s.25 Information otherwise accessible

The information is otherwise accessible. This is an absolute exemption from disclosure in terms of Part 2, s.25(1) of the Freedom of Information (Scotland) Act 2002.

The information is available on/from the Councils web site, follow the link below

www.wdcweb.info/uniform/dcsearch_app.asp

Questions 3 & 4

Section 17

I confirm that Pamela Clifford Section Head - Development Control carried out a search on 05 May 2009 and that, in terms of section 17(1) of the Freedom of Information (Scotland) Act 2002,

We do not hold the information requested.

Under section 15 of the Act, duty to provide advice and assistance, we add the following:

For Question 2 . this information is available from the on-line planning register. However it will depend on the word retrospective being included in the description

Review Procedure

If you are dissatisfied with this decision to withhold information, or the way in which West Dunbartonshire Council has dealt with your request, you are entitled to require the council to review its decision. Please note that in order for a review to take place, you must:

address your review request to the Head of Legal, Administrative & Regulatory Services:

Andrew Fraser

Head of Legal, Administrative & Regulatory Services

West Dunbartonshire Council

Council Offices

Garshake Road

Dumbarton

G82 3PU

Email: [email address]

Fax: 01389 737 870

Staff not involved in the original decision will handle the review. You will receive notice of the result of your review within 20 working days. It will explain the findings of the review as well as details of how to appeal to the Office of the Scottish Information Commissioner if you are dissatisfied with the review decision reached by West Dunbartonshire Council.

If you have any further queries about this process, please contact John Reid

Yours faithfully

Jeff Stobo

Manager of Strategy