Full planning permission for 5EH43RH

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Dear Mrs Camidge,

Your ref 1028

Freedom of Information (Scotland) Act 2002 - Acknowledgement of Request

We received your request on 17/10/2008 and can confirm that this is
being dealt with in accordance with the Freedom of Information
(Scotland) Act 2002. As such the request must be dealt with within 20
working days and provided in a format of your choice.

Your request may not result in us supplying the information you asked
for as the Act imposes certain conditions and exemptions on the
information we may supply. If this is the case, we will let you know. It
is also possible that the information you request is controlled by
different legislation. Again, we will write to advise you of this.
Finally, we may have to charge for the information we give to you. If
this is the case, we will write requesting payment before we release the
information.

The City of Edinburgh Council is obliged to answer your application
within 20 working days of receipt. If you are not satisfied with the
outcome of your application, or you do not receive a response within 20
days, you can apply for an internal review. The application for a review
should be made in writing to the Director of Corporate Services,
Waverley Court, 4 East Market Street, Edinburgh, EH8 8BG.

If you require further information please contact us on Tel: 0131 200
2340. Further information on the Freedom of Information Act (Scotland)
2002 can be obtained by visiting www.edinburgh.gov.uk

Yours sincerely,

Freedom of Information Officer

City of Edinburgh Council

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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.

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email.

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Dear Ms Camidge,

I write further to your email dated 14 November 2008 to the City of
Edinburgh Council requesting a review of the handling of your FOI request
ref 1028

Your request for review was received in this office on the 14 November
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
[1]www.edinburgh.gov.uk/foi.

Yours sincerely,

Freedom of Information Team
City of Edinburgh Council
0131 200 2340
[2][Edinburgh Council request email]

show quoted sections

References

Visible links
1. http://www.edinburgh.gov.uk/foi
2. mailto:[Edinburgh Council request email]

Ms Camidge

Request for a Review of the Handling of FOI Request 1028

I write further to your email dated 12 November to requesting a review of
the handling of your FOI request ref 1028

Your request for review was received in this office on the 14 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.

Jim Inch
Director of Corporate Services

show quoted sections

Ms Jean M Camidge Date 11 December 2008

[email address] Our Ref

Your Ref

Dear Ms Camidge

REQUEST FOR REVIEW OF THE HANDLING OF FREEDOM OF INFORMATION REQUEST NO.
1028

FILES FOR 5 STRACHAN ROAD, EDINBURGH

I refer to your e-mail of 12 November requesting a review of the handling
of your Freedom of Information Request Reference 1028.

I understand that in mid-October you sent three Freedom of Information
Requests to the Council, one of which turned out to be a duplicate. I
understand that one of the requests was responded to but unfortunately the
request in respect of which you have sought a review was not responded to
due to an administrative oversight within the department concerned. I am
advised that additional training has been provided for the relevant
members of staff to reduce the risk of that situation recurring.

The request states "Under F.O.I. Act, please provide me with all written
information and correspondence regarding the planning permission for a
ground floor, first floor and second floor building ie 3 (three) storey on
the site of 5 Strachan Road, EH4 3RH. Please provide a full detailed list
of information which you are releasing (ie author, title and date). Also
details of information you are withholding (ie author, title and date).

Also please provide copies of the enforcement action the Council has taken
so far and copies of all correspondence between the Council and Mr Flucker
since the planning permission was refused."

1. Your request is being handled in accord with the Environmental
Information (Scotland) Regulations 2004 as planning applications, and
enforcement measures, relate to the built and natural environments and to
measures (including administrative measures) such as legislation, policies
and plans.

2. Regulation 4 requires the Council to take reasonable steps with a view
to the active and systematic dissemination of its environmental
information to the public by electronic means. One way in which this is
done is through the Council's Planning and Building Standards portal where
details of planning applications, planning decisions and a summary of
enforcement cases may be viewed. It may be found at
[1]http://citydev-portal.edinburgh.gov.uk/p... where, if you
look through either the planning application number or the property
address and then seek to view the associated documents, you will have
access to the decisions, approved plans etc.

3. If you do not have access to the internet at home then this facility
should be available at your local library where staff should be pleased to
show you how to access the Council's web-site.

Regulation 6 (1) (a) permits the Council to advise you where the requested
information is already publicly available and accessible to you instead of
sending it with this response.

On the Planning & Building Standards portal an enquiry about 5 Strachan
Road will yield the following cases by means of an enquiry for related
information at that address:

Planning & Enforcement cases:

Demolition of
Planning existing house and [2]View Application
1 04/03046/FUL Application construction of new Refused
dwelling house on
site of existing
Demolition of
Planning existing house and [3]ViewApplication
2 05/00275/FUL Application construction of new Granted
dwelling house on
site of existing
3 07/00014/E33 Enforcement Case Enforcement Enquiry [4]ViewCase closed
25Jan 07
4 07/00733/ECOND Enforcement Case Enforcement Enquiry Notice
issued[5]View
Material variations
to approved scheme.
5 08/00689/FUL Planning Proposed veluxes Refused and Enforce
Application and revised cupola,
glazed area to
dining -...
6 08/03832/FUL Planning Proposed 1.5m high Pending
Application stone wall to front Consideration

4. Planning Application 05/00275/FUL is the base permission for
development at 5 Strachan Road, with some elements of 08/00689/FUL being
approved in May 2008. When looking at `associated documents' for
application 05/00275/FUL 22 items can be viewed, some consisting of more
than one page. However they do include submitted plans, the Case Officer's
report and the Decision correspondence. There is also some correspondence
received by the Council after the Planning Decision was made.

5. Similarly for Planning Application 08/00689/FUL 14 items can be viewed
including the Decision notice. In this latter case there is also some
additional material held within the Council Papers on line facility of the
Council's web-site for the Development Management Sub-Committee meeting of
5 June 2008. Pages 3 and 4 of the Committee Minute can be viewed
within: [6]http://cpol.edinburgh.gov.uk/getdoc_ext....

6. The City Council's Planning & Building Standards portal is the main
place where documents are filed, electronically, for use by members of
staff as well as by members of the public such as yourself. When third
party individuals, such as yourself, correspond with the Council after a
planning decision is reached that correspondence is not normally
disclosed. Regulation 10(5)(f) says that where people have submitted
information where there was no legal obligation to supply the information
and the circumstances were such that it would not normally be in the
public domain and you have not consented to the information being placed
in the public domain then it may be with-held. However Regulation 11(1)
does permit the Council to release to you copies of correspondence between
yourself and the Council if you wish that to be included within your
request. Regulation 9(2) permits the Council to put this question to you.

7. The response sent to you on 20 November 2008 advised you to look at
the portal to view details relating to grants of planning permission. It
also directed you to the planning enforcement register which can be
viewed at:
[7]http://www.edinburgh.gov.uk/internet/Att...
An entry there reads

+-----------------------------------------------------------------------------------------+
|Case No. |Address |Type |Recipients|Breach/Activities|Requirements|Effective |
| | | | | | |Date |
|--------------+--------+------------+----------+-----------------+------------+----------|
|07/00733/ECOND|Strachan|Enforce-ment|Mr J |Without planning |Remove the |09/12/2008|
| |Road 5 |Notice |Flucker, |permission, the |rooflights | |
| | | |Mrs J |insertion of |and infill | |
| | | |Flucker, |eight velux roof |the roof to | |
| | | |Rydale |lights in the |match | |
| | | |Building |roof. |existing | |
| | | |Ltd, the | |within two | |
| | | |Company | |months. | |
| | | |Secretary | | | |
| | | |Rydale | | | |
| | | |Building | | | |
| | | |Ltd, | | | |
| | | |Rydale | | | |
| | | |Properties| | | |
| | | |Ltd | | | |
+-----------------------------------------------------------------------------------------+

- 4 -

8. The response sent to you on 20 November 2008 also advised you that
information relating to enforcement investigations is considered to be
exempt information by virtue of Regulation 10(5)(b) Environmental
Information (Scotland) Regulations 2004. This exemption is not absolute
and it is necessary to apply the public interest test. In considering this
part of her request, it is not considered to be in the public interest to
disclose information contained in relation to enforcement investigations.
Such an approach could prejudice substantially any future criminal
investigations prompted by the planning enforcement process. The balance
of the public interest lies in favour of non-disclosure, thereby
protecting the process of enforcement investigations and the rights of
individuals to a fair trial in circumstances where criminal proceedings
may be the eventual outcome of the planning enforcement process. This is
a real situation of potential prejudice as you were further advised that
an appeal has been made to the Scottish Ministers against this decision
and will be dealt with by written submissions (Scottish Government
Directorate of Planning and Environmental Appeals Reference
P/PPA/230/1044).

If you are not satisfied with this response you may ask the Scottish
Information Commissioner within 6 months to conduct a review of this
decision. You can contact him at Scottish Information Commissioner,
Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS. Thereafter
you have the right to appeal the decision of the Scottish Information
Commissioner on a point of law to the Court of Session.

Yours sincerely

Jim Inch

Director of Corporate Services

show quoted sections

Ms Camidge

I am writing to acknowledge the receipt of your email below.

Your email seeks

(a) a clarification of the difference between Section 34(1)(b) of FOI
(Scotland) Act 2002 and Regulation 10(5)(b)
Environmental Information (Scotland) Regulations 2004.

(b) makes a further request under the FOI (Scotland) Act 2002, the
appropriate Full Planning Application which has been approved in
association to/with this Warrant 06/00448/DEMER

I confirm that we received your request for information on 15 December
and that we are dealing with your request in accordance with the Freedom
of Information (Scotland) Act 2002. This means that we must reply to you
within 20 working days of you requesting the information.

Your request may not result in us supplying the information you asked
for as the Act imposes certain conditions and exemptions on the
information we may supply. If this is the case, we will let you know. It
is also possible that the information you request is controlled by
different legislation. Again, we will write to advise you of this.
Finally, we may have to charge for the information we give to you. If
this is the case, we will write requesting payment before we release the
information.

If you require further information please contact us on 0131 200 2340 or
visit our website at www.edinburgh.gov.uk/foi

Yours sincerely

________________________________

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 |

show quoted sections

Ms Camidge

With respect to your initial question below, Section 34(1)(b) of FOI
(Scotland) Act 2002 states:

(1) Information is exempt information if it has at any time been held by
a Scottish public authority for the purposes of-

(b) an investigation, conducted by the authority, which in the
circumstances may lead to a decision by the authority to make a report
to the procurator fiscal to enable it to be determined whether criminal
proceedings should be instituted;

Regulation 10(5)(b)of the Environmental Information (Scotland)
Regulations 2004 states:

A Scottish public authority may refuse to make environmental information
available to the extent that its disclosure would, or would be likely
to, prejudice substantially-

(b) the course of justice, the ability of a person to receive a fair
trial or the ability of any public authority to conduct an inquiry of a
criminal or disciplinary nature;

Both of these paragraphs refer to a similar situation in that
information requested is exempt due to the potential for the compromise
of criminal proceedings or other inquiries if released.

I trust that this provides sufficient explanation of the basis of the
exemption of the information.

________________________________

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 |

show quoted sections

Dear Ms Camidge,

Your ref: 2336

Freedom of Information (Scotland) Act 2002 - Acknowledgement of Request

We received your request on 15 December 2008 and can confirm that this
is being dealt with in accordance with the Freedom of Information
(Scotland) Act 2002. As such the request must be dealt with within 20
working days and provided in a format of your choice.

Your request may not result in us supplying the information you asked
for as the Act imposes certain conditions and exemptions on the
information we may supply. If this is the case, we will let you know. It
is also possible that the information you request is controlled by
different legislation. Again, we will write to advise you of this.
Finally, we may have to charge for the information we give to you. If
this is the case, we will write requesting payment before we release the
information.

The City of Edinburgh Council is obliged to answer your application
within 20 working days of receipt. If you are not satisfied with the
outcome of your application, or you do not receive a response within 20
days, you can apply for an internal review. The application for a review
should be made in writing to the Director of Corporate Services,
Waverley Court, 4 East Market Street, Edinburgh, EH8 8BG

If you require further information please contact us on Tel: 0131 200
2340. Further information on the Freedom of Information Act (Scotland)
2002 can be obtained by visiting www.edinburgh.gov.uk

Yours sincerely,

Freedom of information Team
0131 200 2340
[Edinburgh Council request email]

show quoted sections

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.

show quoted sections

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.

show quoted sections

Dear Jean Camidge,

Thank you for contacting the City of Edinburgh Council on 23/01/2009.

I have spoken to Chris Highcock who the above Freedom of Information
request was assigned to and he has advised that this request has been
responded to.

If you did not receive the response to this request or if you require any
further assistance, please don't hesitate to contact us on the details
below.

Yours sincerely

John Thomson

Freedom of Information Team

0131 200 2340

[1][Edinburgh Council request email]

show quoted sections

References

Visible links
1. mailto:[Edinburgh Council request email]

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.

show quoted sections

Dear Jean Camidge,

I write further to your email dated 23/01/2009 to the City of Edinburgh
Council requesting a review of the handling of your FOI request ref 2336

Your request for review was received in this office on the 26/01/2009
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 Team
City of Edinburgh Council
0131 200 2340
[Edinburgh Council request email]

show quoted sections

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.

show quoted sections

Dear Jean Camidge,

Your request for review was received in this office on the 26/01/2009 and
we will endeavour to provide you with a response to your queries within 20
working days.

This means that a response should be provided by 24/02/2009.

Should you require any further assistance, please don't hesitate to
contact us on the details below.

Yours sincerely

John Thomson

Freedom of Information Team

0131 200 2340

[Edinburgh Council request email]

show quoted sections

Ms Jean M Camidge Date 2 March 2009

[FOI #3599 email] Our Ref

Your Ref

Dear Ms Camidge

REQUEST FOR REVIEW OF HANDLING OF FREEDOM OF INFORMATION REQUEST IN
RELATION TO FULL PLANNING PERMISSION FOR DEVELOPMENT AT 5 STRACHAN ROAD,
EDINBURGH

I refer to your e-mail of 20 January and have to apologise for the further
delay in this matter. This has resulted from the absence of leave of a
member of staff within City Development who has responsibility for
co-ordinating responses to Freedom of Information requests.

One of the matters which you raised in your initial e-mail of 13 December
was in relation to the differences between two references to the Freedom
of Information (Scotland) Act 2002 and the Environmental Information
(Scotland) Regulations 2004. You were provided with a response in
relation to that matter by Chris Highcock in his e-mail to you of 15
December.

In your initial request you also indicated that you were unable to access
a particular page on the Council's website, and you asked for "FOI with
regard to Warrant 06/0048/DEMER and the appropriate full planning
application which has been approved in association to/with this Warrant."
You went on to make a number of statements about Building Warrants and
Planning Consent.

The page of the Council's web-site to which you were being directed
appears to be the one relating to Planning enforcement cases. The full
reference is

[1]http://www.edinburgh.gov.uk/internet/Att...
That page is accessible.

It is not clear at what stage the suggested link is failing. If a step by
step method is adopted, then from the Council's main home page
[2]http://www.edinburgh.gov.uk/internet select the green tab for
`Environment' at the top, then select the `Planning & Buildings' box on
the left side, then select the word `Planning' in the second column. Next,
select `Enforcement' at the foot of the second column and then the
underlined words `Enforcement Register' at the foot of the second column
on the page that then appears. The Enforcement Register 2008 is now the
central choice of the three registers which are available on-line.

I am not entirely clear as to what you mean by `provide FOI with regard to
Warrant 06/00448/DEMER and the appropriate Full Planning Application which
has been approved in association to/with this Warrant 06/00448/DEMER'.

The Building Standards and Planning legislation are two separate processes
dealing with two slightly overlapping and different aspects in providing a
building.

My letter of 11 December 2008 provided you with a guide to accessing the
Council's Planning & Building Standards portal to view all the material
relating to planning applications for 5 Strachan Road. The decision on the
retrospective planning application 08/00689/FUL was a mixed one, that is
parts were approved and parts were refused and enforcement action was also
authorised for removal of the roof-lights. The Council does not hold a
drawing showing just those parts of the proposals which have been
approved, nor a copy of the planning application marked up to show those
items which were not approved. Where there is a `mixed' decision the
applicant is advised to view the returned plans in conjunction with the
details set out in the Decision letter. In terms of Regulation 6(1)(b) the
planning information which you are requesting is already publicly
available and accessible to you on the Council's Planning & Building
Standards portal.

The Planning & Building Standards portal also holds details of Part 1 of
the Building Standards Register. You have already viewed this and on 12
January 2008 indicated that you could not see the associated plans, which
are held in Part 2 of the Building Standards Register. The Building
(Procedure)(Scotland) Regulations 2004 as amended by the Building
(Procedure)(Scotland) Amendment Regulations 2007 (SI 2007 No. 167)
restricts viewing and copying of documents held in part II the Building
Standards Register to owners, occupiers, tenants and prospective owners,
occupiers and tenants of the relevant building and of adjoining buildings.
I understand that you live in an adjacent, but not adjoining, building.
Therefore the Council is not authorised to provide access to the Building
Warrant Plans. The information is accordingly exempt in terms of
Regulation 10(5)(f)(ii) and (iii) of the Environmental Information
(Scotland) Regulations 2004.

Until the Appeal against part refusal of Planning Application 08/00689/FUL
has been concluded the approved plans for the partly constructed building
at 5 Strachan Road consist of 05/00275/FUL subject to modifications
detailed in subsequent applications 08/00689/FUL, except for those parts
which are referred to as having been refused in the Decision letter of 5
June 2008 08/03832/FUL which was approved on 3 February 2009

If you are not satisfied with this response you may ask the Scottish
Information Commissioner within 6 months to conduct a review of this
decision. You can contact him at Scottish Information Commissioner,
Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS. Thereafter
you have the right to appeal the decision of the Scottish Information
Commissioner on a point of law to the Court of Session.

Yours sincerely

Jim Inch

Director of Corporate Services

show quoted sections

Dear Ms Camidge

Your email of 20 January related to the absence of a response to your
initial request and was therefore dealt with under Section 20 of the
Freedom of Information (Scotland ) Act 2002 as a review of the handling
by the Council of your initial request. My response of 2 March is the
product of that review and in these circumstances if you remain
dissatisfied, you have six months in which you may ask the Scottish
Information Commissioner to conduct a review of the decision. You can
contact him at Scottish Information Commissioner, Kinburn Castle,
Doubledykes Road, St Andrews, Fife, KY16 9DS.

Thereafter you have the right to appeal the decision of the Scottish
Information Commissioner on a point of law to the Court of Session.

Yours sincerely

Jim Inch
Director of Corporate Services

Sent by:
Barry Leathem
Business Manager to the Director
Department of Corporate Services
City of Edinburgh Council
Business Centre 2.7, Waverley Court, 4 East Market Street, Edinburgh,
EH8 8BG
Tel: 0131 469 3858
Fax: 0131 469 3010

show quoted sections