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Dear Mr Knox

Subject: Statutory Notice - Pitt Street and Trafalgar Street

Thank you for your request for information received on 04 October 2011. 
Your request is being dealt with under the Environmental Information
(Scotland) Regulations 2004.

You will receive the information requested within 20 working days unless
the Council does not hold the information, or there is a reason for it to
be withheld.

In some circumstances a fee may be payable and if that is the case we will
let you know. A fees notice will be issued to you, and you will be
required to pay before we will deal with your request.

If you have any requirements regarding the format any information should
be supplied in, e.g. the language to be used, audio, large print and so
on, then please let us know.

If you have any queries or concerns, do not hesitate to get in touch.
Please remember to quote the above reference number above in any future
communications.

Your right to seek a review

If you are unhappy with the way we have dealt with your request, you can
ask us to review our actions and decisions by writing to the Head of Legal
and Administrative Services, The City of Edinburgh Council, Waverley Court
Business Centre 2:1, 4, East Market Street, Edinburgh, EH8 8BG or email:
[Edinburgh City Council request email]

Please note that your request must be in a recordable format (email,
letter, audio tape etc.), and that you have 40 working days upon receipt
of this letter to ask for a review. You will receive a full response to
your review request within 20 working days of its receipt. Please remember
to quote the above reference number above in any future communications.

If you are not content with the outcome of the review, you can ask the
Scottish Information Commissioner to review our decision. You must submit
your complaint to the Commissioner within 6 months of receiving our review
response. The Commissioner can be contacted at:

The Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Fax: 01334 464611
Website www.itspublicknowledge.info
E-mail: [email address]

Further information about your rights and accessing information is
available on our website at: www.edinburgh.gov.uk

Yours sincerely

Aimi Richmond
Freedom of Information Officer

Access to Information – Central Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340 Fax 529
3603
[Edinburgh City Council request email]  www.edinburgh.gov.uk

show quoted sections

 

Dear Mr Knox

Subject: Statutory Notice - Pitt Street and Trafalgar Street

 Thank you for your request for information which has been dealt with
under the terms of the Freedom of Information (Scotland) Act 2002.
Unfortunately, the Council is unable to meet your request. You have
requested the following information in respect of Statutory Notice
references 05/01336:

1. Under what contractual agreement/arrangement were works awarded to
(Unknown) by the Property Conservation Department for Statutory Notice
works (Statutory Notice No 05/01336 Dated 29/07/07) carried out at (No
51-75 Pitt Street & No 12-13-14 Trafalgar Street)

    
2. A copy of the Tender Report List for the above works.
    
3. A breakdown of the items and quantities used for producing the Probable
Cost/Tender Document.
    
4. The date of order to the above named contractor.  

Upon further examination of your request, I consider that the information
requested falls within the definition of environmental information as
defined by regulation 2(1) of the EIRS. The Council are applying section
39(2) of the FOISA 2002 which states that environmental information as
defined by regulation 2(1) of the EIRS is exempt from disclosure under
FOISA, thereby allowing any such information to be considered solely in
terms of the EIRS.  The Commissioner concluded in Mr Gordon Watson and
Scottish Water (Decision 230/2007), that since there is a separate
statutory right of access to environmental information, it is his view
that the public interest in maintaining the section 39(2) exemption in
FOISA (so allowing disclosure or refusal in line with the requirements of
the EIRs) generally outweighs the public interest in the disclosure of
information under FOISA. I will address each request in turn using the
same numbering as above.

In response to items 1, 2, 3 and 4 the requested information is exempt
from disclosure under regulation 10(5)(b) of EIRs because there is an
ongoing investigation into the handling of statutory repair notices.  If
the information you have requested is released into the public domain, it
may substantially prejudice the outcome of such investigations, especially
if criminal prosecutions were to arise. I have applied the public interest
test to your request for review. In the circumstances, I am of the opinion
that the public interest is better served by ensuring that the
investigation is not prejudiced by releasing potential evidence into the
public domain.

Please also find attached a copy of the statutory notices, third party
personal information has been redacted from this. Under Regulation 11(1)
(2) of the EIRS, personal data can be redacted if its release would breach
any of the principles detailed in the Data Protection Act 1998. I consider
that disclosing such information would breach the first data protection
principle, that of fair processing, as it would not be fair, or expected,
for information which could identify these individuals to be released into
the public domain. Furthermore, I consider that the public interest in
disclosing any personal information is outweighed by ensuring that the
first data protection principle is not breached. Please note that this
letter constitutes a formal refusal notice under regulation 10(1) (a) of
the EIRS concerning any personal information which we have not disclosed.

The Council appreciates that there is a genuine concern regarding the
statutory repair notices and the on-going investigation. The Council has
established a dedicated team of surveyors to investigate all complaints
regarding statutory notice repairs. I will ensure that your property is
added to the list of properties the team will investigate. In the meantime
please see a link to the Property Investigation and Service Update report
to Council dated 27 October 2011, which outlines the current position
regarding the investigation:
[1]http://www.edinburgh.gov.uk/meetings/mee....
I would also refer you to the Council website for further updates. If you
have any questions regarding the complaints process please contact
Property Conservation, 329 High Street, Edinburgh, EH1 1PN, Telephone
number: 0131 529 4594 or e-mail [email address].

Your right to seek a review

I appreciate that our decision may disappoint you and I am sorry that we
have not been able to release all the information you requested on this
occasion. If you are unhappy with the way we have dealt with your request,
you can ask us to review our actions and decisions by writing to the Head
of Legal and Administrative Services, The City of Edinburgh Council,
Waverley Court Business Centre 2:1, 4, East Market Street, Edinburgh, EH8
8BG or email: [Edinburgh City Council request email]

Please note that your request must be in a recordable format (email,
letter, audio tape etc.), and that you have 40 working days upon receipt
of this letter to ask for a review. You will receive a full response to
your review request within 20 working days of its receipt. Please remember
to quote the above reference number above in any future communications.

If you are not content with the outcome of the review, you can ask the
Scottish Information Commissioner to review our decision. You must submit
your complaint to the Commissioner within 6 months of receiving our review
response. The Commissioner can be contacted at:

The Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Fax: 01334 464611
Website www.itspublicknowledge.info
E-mail: [email address]

Yours sincerely

Sue Galloway
SFC Case Manager

Access to Information – Central Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340 Fax 529
3603
[Edinburgh City Council request email]  www.edinburgh.gov.uk

show quoted sections

 

References

Visible links
1. http://www.edinburgh.gov.uk/meetings/mee...

Dear Mr Knox

Subject: Statutory Notice - Pitt Street and Trafalgar Street

 Thank you for your request for information which has been dealt with
under the terms of the Environmental Information (Scotland) Regulations
2004. Unfortunately, the Council is unable to meet your request. You have
requested the following information in respect of Statutory Notice
references 05/01336:

1. Under what contractual agreement/arrangement were works awarded to
(Unknown) by the Property Conservation Department for Statutory Notice
works (Statutory Notice No 05/01336 Dated 29/07/07) carried out at (No
51-75 Pitt Street & No 12-13-14 Trafalgar Street)

    
2. A copy of the Tender Report List for the above works.
    
3. A breakdown of the items and quantities used for producing the Probable
Cost/Tender Document.
    
4. The date of order to the above named contractor.  

Upon further examination of your request, I consider that the information
requested falls within the definition of environmental information as
defined by regulation 2(1) of the EIRS. The Council are applying section
39(2) of the FOISA 2002 which states that environmental information as
defined by regulation 2(1) of the EIRS is exempt from disclosure under
FOISA, thereby allowing any such information to be considered solely in
terms of the EIRS.  The Commissioner concluded in Mr Gordon Watson and
Scottish Water (Decision 230/2007), that since there is a separate
statutory right of access to environmental information, it is his view
that the public interest in maintaining the section 39(2) exemption in
FOISA (so allowing disclosure or refusal in line with the requirements of
the EIRs) generally outweighs the public interest in the disclosure of
information under FOISA. I will address each request in turn using the
same numbering as above.

In response to items 1, 2, 3 and 4 the requested information is exempt
from disclosure under regulation 10(5)(b) of EIRs because there is an
ongoing investigation into the handling of statutory repair notices.  If
the information you have requested is released into the public domain, it
may substantially prejudice the outcome of such investigations, especially
if criminal prosecutions were to arise. I have applied the public interest
test to your request for review. In the circumstances, I am of the opinion
that the public interest is better served by ensuring that the
investigation is not prejudiced by releasing potential evidence into the
public domain.

Please also find attached a copy of the statutory notices, third party
personal information has been redacted from this. Under Regulation 11(1)
(2) of the EIRS, personal data can be redacted if its release would breach
any of the principles detailed in the Data Protection Act 1998. I consider
that disclosing such information would breach the first data protection
principle, that of fair processing, as it would not be fair, or expected,
for information which could identify these individuals to be released into
the public domain. Furthermore, I consider that the public interest in
disclosing any personal information is outweighed by ensuring that the
first data protection principle is not breached. Please note that this
letter constitutes a formal refusal notice under regulation 10(1) (a) of
the EIRS concerning any personal information which we have not disclosed.

The Council appreciates that there is a genuine concern regarding the
statutory repair notices and the on-going investigation. The Council has
established a dedicated team of surveyors to investigate all complaints
regarding statutory notice repairs. I will ensure that your property is
added to the list of properties the team will investigate. In the meantime
please see a link to the Property Investigation and Service Update report
to Council dated 27 October 2011, which outlines the current position
regarding the investigation:
[1]http://www.edinburgh.gov.uk/meetings/mee....
I would also refer you to the Council website for further updates. If you
have any questions regarding the complaints process please contact
Property Conservation, 329 High Street, Edinburgh, EH1 1PN, Telephone
number: 0131 529 4594 or e-mail [email address].

Your right to seek a review

I appreciate that our decision may disappoint you and I am sorry that we
have not been able to release all the information you requested on this
occasion. If you are unhappy with the way we have dealt with your request,
you can ask us to review our actions and decisions by writing to the Head
of Legal and Administrative Services, The City of Edinburgh Council,
Waverley Court Business Centre 2:1, 4, East Market Street, Edinburgh, EH8
8BG or email: [Edinburgh City Council request email]

Please note that your request must be in a recordable format (email,
letter, audio tape etc.), and that you have 40 working days upon receipt
of this letter to ask for a review. You will receive a full response to
your review request within 20 working days of its receipt. Please remember
to quote the above reference number above in any future communications.

If you are not content with the outcome of the review, you can ask the
Scottish Information Commissioner to review our decision. You must submit
your complaint to the Commissioner within 6 months of receiving our review
response. The Commissioner can be contacted at:

The Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Fax: 01334 464611
Website www.itspublicknowledge.info
E-mail: [email address]

Yours sincerely

Sue Galloway
SFC Case Manager

Access to Information – Central Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340 Fax 529
3603
[Edinburgh City Council request email]  www.edinburgh.gov.uk

show quoted sections

 

References

Visible links
1. http://www.edinburgh.gov.uk/meetings/mee...

Dear Mr Knox
 
Please accept my apologies as your request was dealt with under the
Environmental Information (Scotland) Regulations 2004 and not under the
terms of the Freedom of Information (Scotland) Act 2002. I am sending you
the correct and amended response.
 
Kind regards
 

Sue Galloway
SFC Case Manager

Access to Information – Central Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340 Fax 529
3603
[Edinburgh City Council request email]  www.edinburgh.gov.uk

show quoted sections