Aquisition of Helensburgh Pierhead site.

Dear Ron Morrison

Request for information: Freedom of Information request - Aquisition of
Helensburgh Pierhead site.

Thank you for your information request which we have logged as reference
argyllbuteir:332.

It has been passed to the relevant service(s) for attention and you should
receive a response under either the Freedom of Information (Scot) Act 2002
or the Environmental Information (Scotland) Regulations 2004 by
21-09-2011.

Please quote the reference number above in any correspondence you may have
with the Council in regard to this request.

Regards

FOI Officer

Dear Ron Morrison

Request for information: Freedom of Information request - Aquisition of
Helensburgh Pierhead site.

Thank you for your information request which we have logged as reference
argyllbuteir:332.

It has been passed to the relevant service(s) for attention and you should
receive a response under either the Freedom of Information (Scot) Act 2002
or the Environmental Information (Scotland) Regulations 2004 by
21-09-2011.

Please quote the reference number above in any correspondence you may have
with the Council in regard to this request.

Regards

FOI Officer

Dear Mr Morrison

 

Request for information: Freedom of Information request - Aquisition of
Helensburgh Pierhead site.

Reference: argyllbuteir:332.

 

I refer to your request for information which was dealt with in terms of
the Freedom of Information (Scotland) Act 2002 (FOISA).

 

The information requested is exempt from disclosure in terms of the
following sections contained in FOISA, and your request is therefore
refused.

1.       Section 33(1)(b) as its disclosure would be likely to prejudice
substantially the commercial interests of the Council. The reason why this
exemption applies is that the Council intend that the site is developed
and it is considered that there may be unfair advantage to any possible
developer in subsequent negotiations regarding the site if this
information was in the public domain.

2.       Section 36(2)(b) as its disclosure would constitute a breach of
confidence actionable by the other party to the agreement. The reason why
this exemption applies is that the agreement contains a confidentiality
clause binding both parties not to disclose details of the settlement.

 

If you are dissatisfied with the way in which your request for information
has been dealt with you are entitled to request a review by writing to the
Executive Director Customer Services, Argyll and Bute Council, Kilmory,
Lochgilphead, Argyll PA31 8RT, or by email to [1][Argyll and Bute Council request email].

 

Your request for review must state your name and address for
correspondence, specify the request for information to which your request
for review relates and why you are dissatisfied with the response. 

 

You must make your request for review not later than 40 working days after
the expiry of the 20 working day period for response to your initial
request by the Council, or not later than 40 working days after the
receipt by you of the information provided, any fees notice issued or any
notification of refusal or partial refusal.

 

Yours sincerely

 

Iain Jackson

Governance Manager

 

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Dear Mr Morrison

I acknowledge receipt of your request for review and can confirm that you will receive a response from the Executive Director, Customer Services by 14 October.

Iain Jackson
Governance Manager

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Dear Mr Morrison

I refer to your email of 16 September requesting a review of how the
Council dealt with your request for information dated 23 August 2011.

I have found that the response was sent within the statutory timescales on
15 September 2011 and that the exemptions applied to the response were
appropriate, however, I would expand on the explanation for the use of the
Section 33(1)(b) exemption, to say that if this information was in the
public domain then it may not allow the Council to obtain best value in
any future transaction to sell the site at Helensburgh Pier for
development and as such it is not in the public interest that this
information is released. The use of the Section 36(2)(b) exemption does
not require any further explanation as it is an ‘absolute exemption’ under
FOISA.

In reply to the further questions you have raised, I can advise that these
are not valid Freedom of Information requests as they do not ask for
recorded information, however, I would respond to them as follows:

1.      I am not clear what you are asking me to comment on, if you could
clarify your question then I will endeavour to respond.

2.      The nature of this particular transaction means that it will not
require to be recorded in the Land Registry.

 

3.      This is statement of your opinion and again I am not clear what
you are asking me to comment on, if you could clarify your question then I
will endeavour to respond.

If you are dissatisfied with the way in which the review has been dealt
with you are entitled to make an application to the Scottish Information
Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife KY16 9DS
(Tel: 01334 464610) for a review.

You must make representation to the Scottish Information Commissioner no
later than 6 months after the date of receipt by you of the notice or
decision you are dissatisfied with or within 6 months of the expiry of the
period of 20 working days from receipt by the Council of your request for
review.

Yours sincerely

 

Douglas Hendry

Executive Director – Customer Services

 

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