performance /security bonds - material breach and resort to legal action

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Best regards,

Fife Direct Team
Fife Council

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Dear Mr. Roy,

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 – REQUEST FOR INFORMATION

I refer to the above and your email earlier today.

Thank you for your information request dated 25 September 2009, and
received on 25 September 2009; our reference: 25/09/09/FOI/01. This is
being dealt with in terms of the Freedom of Information (Scotland) Act
2002.

The Act allows us 20 working days to deal with your request from the date
that we received it, but we hope to provide you with the information you
are looking for at an earlier date where possible.

Regards,

Kimberley.

Kimberley Robertson
Solicitor
Regulation Team (Legal Services)
Fife Council
3rd Floor South
Fife House
North Street
Glenrothes
KY7 5LT
08451 55 55 55 + Ext 44 22 92

"Think Green" and only print this email if absolutely necessary

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Dear Mr. Roy,

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 – REQUEST FOR INFORMATION

I refer to your email dated and received 25 September 2009.

I am pleased to enclose the information you requested and hope that it
meets your requirements.

In answer to your questions, Fife Council respond as follows;

It is normal practice for Fife Council to request a Standard Security on
the sale of economic development land where it is considered necessary
to secure the future use and development of the land. A Performance Bond
may be accepted as an alternative to a Standard Security depending on the
circumstances.

There have been no material breaches of contracts of sale supported by a
Standard Security which have led Fife Council to resort to legal action
within the last year.

If you are not satisfied with the way we have handled your request, you
have the right to request a review of the decision. Please write to:
Chief Legal Officer, Fife House, North Street, Glenrothes, KY7 5LT; within
3 calendar months of receipt of our decision. If this fails to resolve
the matter to your complete satisfaction, you have the right to apply to
the Scottish Information Commissioner for a decision.

Yours sincerely,

Kimberley.

Kimberley Robertson
Solicitor
Regulation Team (Legal Services)
Fife Council
3rd Floor South
Fife House
North Street
Glenrothes
KY7 5LT
08451 55 55 55 + Ext 44 22 92

"Think Green" and only print this email if absolutely necessary

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Dear Mr. Roy,

I refer to the above and our conversation on the telephone yesterday.

I have discussed the points raised during our conversation with my
colleague in the Conveyancing Team, Legal Services and respond as follows:

Imposition of a standard security or performance bond on a developer who
has purchased land through competitive tender is generally only used
for land that is for economic development, however, a bond or security
maybe imposed on rare occasions for other types of land.

Fife Council has not resorted to legal action within the last year for
breaches of contractual arrangements by means of a standard security or
performance bond. I understand that the case we discussed yesterday
resulted in the administrative function of the bond being called up, which
is not a legal process and would not be classed as legal action.

I trust that this is of assistance, however, should you have any further
questions please do not hesitate to contact me.

Regards,

Kimberley.

Kimberley Robertson
Solicitor
Regulation Team (Legal Services)
Fife Council
3rd Floor South
Fife House
North Street
Glenrothes
KY7 5LT
08451 55 55 55 + Ext 44 22 92

"Think Green" and only print this email if absolutely necessary

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