Number Of Formal Requests Made To A.C.C. To Undertake An Activity Not Generally Permitted By The Management Rules - Scotstown Moor

Ross Imray made this Freedom of Information request to Aberdeen City Council

The request was partially successful.

From: Ross Imray

25 March 2010

Dear Aberdeen City Council,

1) Point Of Reference. As Posted On The Site In Question.

The Civic Government (Scotland) Act 1982
Aberdeen City Council.
Scotstown Moor (Local Nature Reserve) Management Rules.

2) Request Number 1.

How many applications have been made to A.C.C. during the 12 month
period, from April 2009 to March 2010, for any individual or party
of individuals, to undertake activities
generally not permitted as specified by the management rules?

3) Request Number 2.

Are there any "ongoing" permissions in place, which would preclude
the need for individual requests on the same basis
referred to in question 1 above.

Yours faithfully,
Ross Imray.

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From: Foi Enquiries
Aberdeen City Council

25 March 2010

Dear Mr Imray,

Freedom of Information enquiry reference ENQ8456.

Thank you for your request for information under the Freedom of Information (Scotland) Act 2002 received on 25 March 2010, which has been forwarded to the relevant section.

The scheduled date for our response to your request for information is 23 April 2010.

If you have any enquiries meantime please do not hesitate to contact us.

Yours sincerely,

Jean Reid
FOI Compliance Assistant

FoI Enquiries Team
Legal and Democratic Services
Corporate Governance
Aberdeen City Council
Town House
Broad Street
Aberdeen AB10 1AQ
Tel: 01224 522875/523827
Fax: 01224 638556
email: [Aberdeen City Council request email]

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From: Foi Enquiries
Aberdeen City Council

22 April 2010

Dear Mr Imray,

Thank you for your information request of 25 March 2010, made under the
Freedom of Information (Scotland) Act 2002 (FOISA). Aberdeen City
Council (ACC) has completed the necessary search for the information
requested, and the following information can be supplied:

ACC are not aware of anyone requesting to undertake activities
generally not permitted as specified by the management rules at
Scotstown Moor in the past year, nor any one having ongoing permission
for any such activity.

There are occasions when officers of the Council or contractors working
for the Council and supervised by officers will undertake activities
that would otherwise not be permitted but this is allowable under the
management rules.

We trust this satisfies your enquiry.

Yours sincerely,

Jean Reid
FOI Compliance Assistant

FURTHER INFORMATION

Aberdeen City Council’s Complaints Procedure under the FOISA

An applicant who is dissatisfied with the way in which Aberdeen City
Council has dealt with his/her request for information under section
1(1) of the FOISA regime, may, by virtue of section 20 of the FOISA,
require Aberdeen City Council to review its actions and/or decisions in
relation to that request.

If you wish Aberdeen City Council to review its actions and/or
decisions with respect to your request for information, you should write
to the City Archivist, Resources Management, Aberdeen City Council, Old
Town House, Broad Street, Aberdeen, AB10 1AQ. The City Archivist will
arrange for your application for review to be considered by the Review
Panel. The Review Panel will write to you informing you of its decision
by not later than twenty working days after receipt of your request
requiring that a review be made. By virtue of section 21 of the FOISA,
the Review Panel will also provide you with a statement of its reasons
for arriving at the decision it has made.

Your request for review should reach Aberdeen City Council by no later
than 21 June 2010. Your request for review must be in writing (or in
another form which has some permanency and is capable of being used for
subsequent reference i.e. audio/video tape recording). You must state
your name and address for correspondence. You must also give details of
the information that you originally requested from Aberdeen City
Council, and must state the reasons why you are dissatisfied with the
way in which your application for information has been dealt with.

Your Right to Complain to the Scottish Information Commissioner

By virtue of Section 47 of the FOISA, a person who is dissatisfied with
a Notice issued by Aberdeen City Council under Section 21 of the FOISA,
may apply to the Scottish Information Commissioner, for a decision as to
whether, in any respect specified in that application, the request for
information under section 1(1) of the FOISA, has been dealt with by
Aberdeen City Council in accordance with Part 1 of the FOISA.

An application to the Scottish Information Commissioner must be made in
writing (or in another form having some permanency ie a video/tape
recording) within six months of receipt of a section 21 Notice by the
applicant. An applicant must state his/her name and address. An
applicant must also specify: -

- the request for information to which the requirement for review by
Aberdeen City Council relate;
- the matter which gives rise to the applicant’s dissatisfaction
pertaining to the applicants request for review;
- the matter which gives rise to the applicant’s dissatisfaction
pertaining to the decision given in the section 21 Notice.

The Scottish Information Commissioner can be contacted at:

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9BS
(Telephone 01334 464610; Fax 01334 464611; Email
[email address])

FoI Enquiries Team
Legal and Democratic Services
Corporate Governance
Aberdeen City Council
Town House
Broad Street
Aberdeen AB10 1AQ
Tel: 01224 522875/523827
Fax: 01224 638556
email: [Aberdeen City Council request email]

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From: Ross Imray

23 April 2010

Dear Foi Enquiries,

Thanks you for this information, your response is appreciated.

Yours sincerely,

Ross Imray

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From: Ross Imray

24 April 2010

Dear Foi Enquiries,

Having considered the information given, it has now transpired that
my original information request may have been misguided. I have
been advised is that the relevance of the management rules which
are posted on Scotstown Moor are questionable. This is due to the
fact that I believe they they have, at least in part, been
superseded by the conditions laid out in the Land Reform Scotland
Act 2003.

Can I therefore, in supplement, request confirmation that the
current management rules posted by A.C.C.
on Scotstown Moor are in fact, at least in part, out of date (by 7
years)?

Yours sincerely,

Ross Imray

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From: Foi Enquiries
Aberdeen City Council

30 April 2010

Dear Mr Imray,

Thank you for your additional query received on 24 April 2010, made
under the Freedom of Information (Scotland) Act 2002 (FOISA). Aberdeen
City Council (ACC) has completed the necessary search for the
information requested, and the following information can be supplied:

Before or around the time of the new Act coming into force ACC met with
their Legal Team to look at the management rules and their advice at the
time was that there was no immediate need to update the rules.

The 2003 Act wasn't fully enacted for several years, and The Council
then had two further years to amend the rules. The review is ongoing.

ACC are still investigating an incident reported last August when an
army exercise on the MoD land next to Scotstown came onto ACC land
without authorisation.

Legally the Land Reform Scotland Act legislation superceded the
management rules.

We hope this helps with your request.

Yours sincerely,

Jean Reid
FOI Compliance Assistant

FoI Enquiries Team
Legal and Democratic Services
Corporate Governance
Aberdeen City Council
Town House
Broad Street
Aberdeen AB10 1AQ
Tel: 01224 522875/523827
Fax: 01224 638556
email: [Aberdeen City Council request email]

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From: Ross Imray

11 May 2010

Dear Foi Enquiries,

Thank you for the response given.

This results in a further clarification request from myself, based
on the fact that I have spent some considerable period time
reading and hopefully understanding the relevant aspects of the
2003 act in question.

My interpretation is that more time has expired than is laid down
within the act for an event such as posting any revised rules.
Please confirm.

Furthermore, many aspects of the act are subject to
a determination, by, in this case A.C.C., as to enactment or not,
based on the criteria laid down within the act.

So whilst in one response statement, you say that a review is
ongoing, which presumably will result in a
comprehensive and meaningful public notice being posted. In another
part of the response, it is stated that the conditions of the act
supersede the
existing rules.

I cannot locate any statement within the act which supports the
current situation which is described by
A.C.C.

Whilst I understand the reference to an M.o.D. exercise, and can
understand the source of the information. It bears no relevance to
my original question, and I find it peculiar that an aspect which
was not embedded in my original question has been
given reference in your response.

Yours sincerely,

Ross Imray

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From: Foi Enquiries
Aberdeen City Council

18 May 2010

Dear Mr Imray,

Please see response from services:

Environmental Services, Legal and Planning are currently in the process of updating the management rules. Our Legal team have confirmed that the 2003 Act wasn't fully enacted for several years and then two further years were permitted to amend the rules. Aberdeen City Council is behind in getting the revision completed but certainly not 7 years behind.

We hope this helps with your request.

Yours sincerely,

Jean Reid
FOI Compliance Assistant

FoI Enquiries Team
Legal and Democratic Services
Corporate Governance
Aberdeen City Council
Town House
Broad Street
Aberdeen AB10 1AQ
Tel: 01224 522875/523827
Fax: 01224 638556
email: [Aberdeen City Council request email]

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From: Ross Imray

18 May 2010

Dear Foi Enquiries,

Thank you for they prompt response.

Calrification request.

As stated on my original supplement.

Iy appears to me that the timescale for the likes of updated
management rules to be posted, is defined within the act.

The latest response, again gives a vague, and meaningless
determination of "several years" which was applicable prior to the
enactment of the conditions laid down within the act. A further
specific reference to two further years is also given.

To keep it simple, can the legal team please be specific as to the
total timescale laid down within the 2003 act for, in this case,
updated management rules to be posted, and exactly how far behind
the
legally binding timescale A.C.C. is, in posting these
rules?

There is good reason for this question, and it is not in any way
contrived.

The fact of the matter is that the act is very specific in terms of
defining the latitude which, in this case, a local authority may
reasonably apply, in respect of adopting certain conditions laid
down within the act, on a case by case basis.

In an earlier response from A.C.C, it was clearly stated that the
conditions of the act supersede the conditions of the management
rules.

That is simply not good enough, since it clearly places an
expectation on every member of the public, who wishes to comply
with the rules, to study and understand the act, and then make a
personal decision as to which aspect of the act takes precedence
over the existing rules. A further complication exists, in that
A.C.C., can, where good reason exists, elect to apply the terms of
the act as appropriate. In this case, only A.C.C. can make that
determination.

Can the legal team, therefore confirm, how the general public can
be expected to determine which
aspects of the act take precedence over the existing rules, and how
a member of the general public is expected to comply with, or
observe compliance with
the 2003 act?

Yours sincerely,

Ross Imray

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From: Foi Enquiries
Aberdeen City Council

18 May 2010

Dear Mr Imray,

Freedom of Information enquiry reference ENQ8715.

Thank you for your request for information under the Freedom of Information (Scotland) Act 2002 received on 18 May 2010, which has been forwarded to the relevant section:

Can the legal team please be specific as to the total timescale laid down within the 2003 act for, in this case, updated management rules to be posted, and exactly how far behind the legally binding timescale A.C.C. is, in posting these rules?

Can the legal team, therefore confirm, how the general public can be expected to determine which aspects of the act take precedence over the existing rules, and how a member of the general public is expected to comply with, or observe compliance with the 2003 act?

The scheduled date for our response to your request for information is 16 June 2010.

If you have any enquiries meantime please do not hesitate to contact us.

Yours sincerely,

Jean Reid
FOI Compliance Assistant

FoI Enquiries Team
Legal and Democratic Services
Corporate Governance
Aberdeen City Council
Town House
Broad Street
Aberdeen AB10 1AQ
Tel: 01224 522875/523827
Fax: 01224 638556
email: [Aberdeen City Council request email]

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From: Ross Imray

17 June 2010

Dear Foi Enquiries,

I note that the scheduled response date of 16/06/10 in respect of
submission reference ENQ8715 has been exceeded.

Please advise.

Yours sincerely,

Ross Imray

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Things to do with this request

Anyone:
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