Advice received for sale of public land
A Freedom of Information request to Edinburgh Council by julie logan
The request was partially successful.
julie logan
11 September 2008
Dear Sir or Madam,
I am writing to request 1)A copy of the Cushman & Wakefield report,
referred to in the Report to City of Edinburgh Council Committee on
30th June 2005, regarding the sale of land on East Market
St/Cranston St to Mountgrange :and 2)A copy of the Senior Counsel's
opinion, obtained by the Council Solicitor(also referred to in the
same report), regarding the off market offers received by
Mountgrange in respect of the sale of Publicly owned assets and
Common Good Land.
Yours faithfully,
Julie Logan Edinburgh
Freedom of Information
Edinburgh Council
11 September 2008
Thank you for your email. We are dealing with your enquiry and we will
get back to you as soon as possible.
Regards,
Customer Services.
This is an automatically generated email. Please do not reply to this
email.
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julie logan
12 October 2008
Dear Freedom of Information, I am still awaiting a response from
Edinburgh Council which is now overdue under the terms of the FOI
Act.
Yours sincerely,
julie logan
Freedom of Information
Edinburgh Council
12 October 2008
Thank you for your email. We are dealing with your enquiry and we will
get back to you as soon as possible.
Regards,
Customer Services.
This is an automatically generated email. Please do not reply to this
email.
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julie logan
15 October 2008
Dear Sir or Madam,
I am still waiting for a response. Please can you advise, through
the What do they Know website if there is any reason for the delay.
Yours sincerely, Julie Logan
julie logan
Freedom of Information
Edinburgh Council
15 October 2008
Thank you for your email. We are dealing with your enquiry and we will
get back to you as soon as possible.
Regards,
Customer Services.
This is an automatically generated email. Please do not reply to this
email.
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julie logan
25 November 2008
Dear Sir or Madam,
Please pass this on to the person who conducts Freedom of
Information reviews.
I am writing to request an internal review of Edinburgh Council's
handling of my FOI request 'Advice received for sale of public
land'.
A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/ad...
Yours sincerely,
julie logan
Freedom of Information
Edinburgh Council
25 November 2008
Thank you for your email. We are dealing with your enquiry and we will
get back to you as soon as possible.
Regards,
Customer Services.
This is an automatically generated email. Please do not reply to this
email.
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Freedom of Information
Edinburgh Council
26 November 2008
Dear Julie Logan
Request for a Review of the Handling of FOI Request
I write further to your email dated 26/11/2008 requesting a review of
the handling of your FOI request in regards to Advice received for sale
of public land.
Your request for review was received in this office on the 26/11/2008
and we will endeavour to provide you with a response to your queries
within 20 working days.
If you have further questions regarding how this review is being dealt
with, please contact me directly.
If after receiving a response from the Director of Corporate Services
you remain dissatisfied, you have six months within which you may ask
the Scottish Information Commissioner to conduct a review of our
decision. You can contact him at:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
For further information on the Freedom of Information (Scotland) Act
2002, please contact us on 0131 200 2340 or visit our Website at
www.edinburgh.gov.uk/foi.
Yours sincerely
John Thomson
Freedom of Information
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Chris Highcock
Edinburgh Council
27 November 2008
For the attention of Julie Logan
Ms Logan
Request for a Review of the Handling of FOI Request 1886
I write further to your email dated 26 November to our Contact Centre
requesting a review of the handling of your FOI request ref 1886
Your request for review was received in this office on the 26 November
and we will endeavour to provide you with a response to your queries
within 20 working days.
If you have further questions regarding how this review is being dealt
with, please contact me directly.
If after receiving a response from the Director of Corporate Services
you remain dissatisfied, you have six months within which you may ask
the Scottish Information Commissioner to conduct a review of our
decision. You can contact him at: Scottish Information Commissioner,
Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS.
For further information on the Freedom of Information (Scotland) Act
2002, please phone us on 0131 200 2340 or visit our Website at
www.edinburgh.gov.uk/foi.
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Chris Highcock
Edinburgh Council
28 November 2008
Ms Logan
Request for a Review of the Handling of FOI Request
I write further to your email dated 26 November to Jim Inch requesting a
review of the handling of your FOI request ref 1886
Your request for review was received in this office on the 26 November
and we will endeavour to provide you with a response to your queries
within 20 working days.
If you have further questions regarding how this review is being dealt
with, please contact me directly.
If after receiving a response from the Director of Corporate Services
you remain dissatisfied, you have six months within which you may ask
the Scottish Information Commissioner to conduct a review of our
decision. You can contact him at: Scottish Information Commissioner,
Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS.
For further information on the Freedom of Information (Scotland) Act
2002, please phone us on 0131 200 2340 or visit our Website at
www.edinburgh.gov.uk/foi.
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Chris Highcock
Edinburgh Council
17 December 2008
[Subject only] FW: Request for Internal Review Ref IN361833/1886 Logan [Advice received for sale of public land at East MarketSt/Cranston St] Julie Logan
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julie logan
22 December 2008
Dear Chris Highcock,
Please can you provide a copy of the C&W report which you state was
sent out to me electronicly as a response to my request on the what
do they know website as I have problems with my post. Also the PNG
file you have posted on the what do they know website does not open
can you please send in a format which is accessable (word or
similar open source format)
Yours sincerely,
julie logan
Chris Highcock
Edinburgh Council
22 December 2008
Ms Logan
Do you have an alternative email address. It may be that there is an
issue with the "What do they know?" site
Chris
________________________________
Chris Highcock | Business Manager to the Director | Department of
Corporate Services | City of Edinburgh Council | Level 2 (2/7)
Waverley Court, 4 East Market Street, Edinburgh, EH8 8BG | Tel: 0131 469
3126 | Fax: 0131 469 3010 |
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julie logan
22 December 2008
Dear Chris Highcock,
I dont think there is any problems, unless CEC has an issue, with
the what do they know site as other responses have been provided
this way. Please provide info as previously requested on this very
helpful and publicly accessible site.
Yours sincerely,
julie logan
Chris Highcock
Edinburgh Council
23 December 2008
Ms Logan
I will send you a further copy of the C& W report. I would note that
this Council has not posted anything on the "What do they know?" site.
All we have done is to respond to your queries.
________________________________
Chris Highcock | Business Manager to the Director | Department of
Corporate Services | City of Edinburgh Council | Level 2 (2/7)
Waverley Court, 4 East Market Street, Edinburgh, EH8 8BG | Tel: 0131 469
3126 | Fax: 0131 469 3010 |
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Chris Highcock
Edinburgh Council
23 December 2008
Ms Logan
I have attached a copy of the C&W report that you requested
________________________________
Chris Highcock | Business Manager to the Director | Department of
Corporate Services | City of Edinburgh Council | Level 2 (2/7)
Waverley Court, 4 East Market Street, Edinburgh, EH8 8BG | Tel: 0131 469
3126 | Fax: 0131 469 3010 |
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Things to do with this request
Add an annotation (to help the requester or others)
julie logan only:
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Edinburgh Council only:
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julie logan left an annotation (31 October 2008)
Date 10 October 2008
Your Ref
Our Ref 20151/9/GT/AJD - 1-117077616
Dear Ms Logan
FREEDOM OF INFORMATION (SCOTLAND) 2002
Thank you for your request for information received on 11 September
2008. I am dealing with your request in accordance with the above Act.
In regard to your request for a copy of the Opinion of Senior Counsel I
would advise you that I cannot give you the information requested. The
Opinion of Senior Counsel is information in respect of which a claim to
confidentiality of communications could be maintained in legal
proceedings and they are therefore exempt information in terms of
Section 36 of the Freedom of Information (Scotland) Act 2002. In
considering this exemption I have to apply the public interest test in
terms of Section 2(1)(b) of the 2002 Act. The Courts have long
recognised the strong public interest in maintaining the right to
confidentiality of communications between legal advisor and client.
In his decision 023/2005 the Freedom of Information Commissioner
indicated that there will always be a strong public interest in
maintaining the right to confidentiality of communications between legal
advisor and client and he is likely to order disclosure of such
communications only in highly compelling cases.
It is in the public interest for a public authority to receive the most
comprehensive legal advice about its proposed actions. An Authority
should be permitted to communicate its position to its advisors fully
and frankly in confidence, in order to obtain the most comprehensive
legal advice and to defend its position adequately should that become
necessary. In my view these considerations override any public interest
that there may be in the content of this aspect of the information which
you seek.
In regard to your request for a copy of the Cushman and Wakefield report
referred to in the report to Council in June 2005 I can advise that I
have located said report but prior to making a decision on whether to
release the report I need to consult with parties named in the report.
Accordingly I shall write to you again shortly.
If you are not happy with this, or want to complain about the way in
which we have handled your application, please write to the Director of
Corporate Services, Level 2/7, Waverley Court, 4 East Market Street,
EDINBURGH EH8 8BG.
If, after you have received a reply from the Director of Corporate
Services, you remain dissatisfied, you may ask the Scottish Information
Commissioner to conduct a review. You can contact him at Scottish
Information Commissioner, Kinburn Castle, Doubledkyes Road, St Andrews,
Fife, KY16 8DS. Phone 01334 464 610, Fax: 01334 464 611, E-mail:
[email address].
Yours sincerely
BILL MILLER
Property Manager
Property Management and Development
Given the request for clarity of legal opinion relates to land owned by the citizens of Edinburgh (Common Good Land) it would seem reasonable that Counsel Opinion is in the public interest and should be disclosed, as well as details of the Cushman and Wakefield report, as Edinburgh Council have been asked by Scottish Government (along with all other Local Authorities) to better auditing of the management and accounting of Common Good Assets. The information on such audits should be open and transparant to the public.
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