Planning Contravention Notice (PCN) Reference 200159

Gordon C Stalker made this Rhyddid Gwybodaeth request to Aberdeen City Council

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Gwrthodwyd y cais gan Aberdeen City Council.

Dear Aberdeen City Council,
Please provide me with the information on the above, redacted for names/addresses:
Full response from those concerned.
Information obtained from your site investigations and dates thereof.
Detailed information of all those who may use and/or lease premises.

Yours faithfully,

Gordon C Stalker

Foi Enquiries, Aberdeen City Council

Thank you for your email. If you have contacted us to make a Freedom of
Information request, you can now make a request through our online portal,
which can be found at:
[1]https://www.aberdeencity.gov.uk/services...

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Access to Information Team, Aberdeen City Council, Aberdeen City Council

1 Atodiad

Reference: FOI-282284923
Date of request: 10/12/2020
Title of request: Planning Contravention Notice

Dear Gordon C Stalker,

Thank you for your completing your Freedom of Information Request.

We aim to answer all requests within 20 working days.

You will receive a response via email and an update in [1]your self-serve
account.

For information about how we handle your request please see our [2]Freedom
of Information privacy notice.

For information about your appeal rights please see [3]Freedom of
Information reviews and appeals.

Kind regards

Access to Information Team
Aberdeen City Council | Customer Development | Customer Experience |
Customer
Marischal College | Broad Street | Aberdeen | AB10 1AB
[4]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

Your personal data is very important to us. Please refer to [5]information
on why and how we use your data.

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

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4. https://www.aberdeencity.gov.uk /
5. https://www.aberdeencity.gov.uk/your-dat...

noreply@aberdeencity.gov.uk, Aberdeen City Council

Hello, Gordon C Stalker,

Thank you for getting in touch with us.

You are invited to create an online self-service account. You can use
self-service to contact the council about a range of queries from ordering
a new bin to reporting a pothole.

The Self portal means we're available to you 24 hours a day, 7 days a
week. You can use it to track your requests, which saves you time as you
can check their progress without having to contact us.

Please use the following link to set up your account or copy and paste the
web address below into your browser:

https://aberdeen-self.achieveservice.com...

Kind Regards,
Aberdeen City Council
IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

Foi Enquiries, Aberdeen City Council

Dear Mr Stalker,

We noticed that you have used our self-service system to log this same request. Incidentally we also logged this request using your 'whatdotheyknow.com' email address.

Please could you let us know if we should disregard the request logged with 'whatdotheyknow.com' email address and process the one you made using our self-service system.

Kind regards,

Access to Information Team
Aberdeen City Council | Access to Information Team | Customer Feedback |Customer
Marischal College | Business Hub 6 | 1st Floor  | Broad Street | Aberdeen | AB10 1AB
 
Dial: 01224 522166
Email: [Aberdeen City Council request email]
Email: [email address]
www.aberdeencity.gov.uk | Twitter: @AberdeenCC | Facebook.com/AberdeenCC
 

dangos adrannau a ddyfynnir

Dear Foi Enquiries,
Thank you for your refusal of 2nd February 2021. I have copied your reasons below:
Reference: FOI-282262381
Date of request: 10/12/2020
Title of request: Planning Contravention Notice ENF200159

Dear ,

Our References:

FOI-282262381

REV-282262381

FOI-296499154

Thank you very much for your query ref: FOI-296499154 received on 15 January 2021, requesting that Aberdeen City Council (ACC) review its handling of your request ref: FOI-282262381, as we failed to provide a response to you within the statutory timeframe. We can now advise you that we have undertaken an internal review of our decision and the findings are set out below.

Review details

I refer to my FOI request regarding PCN 200159. Use of lock up as commercial garage premises Newlands Avenue/Broomhill Road AB10 6LZ.

I note that you have not replied within the legal time deadline.

I therefore ask you to carry out an Internal Review which is required before I can make a formal complaint to the ICO.

Review outcome

Please accept our sincerest apologies for our failure in responding to your request within the 20 working days limit.

In accordance with Section 21(4)(c) of the FOISA (Freedom of Information (Scotland) Act 2002), please see the Review Outcome below.

Please provide me with the following information on PCN ENF200159, redacted without names/addresses:

Full response from those concerned.

We are unable to release this information as it comprises personal information. In order to comply with our obligations under the terms of Section 16 of the FOISA, we hereby give notice that we are refusing this part of your request under the terms of Section 38(1)(b) in conjunction with Section 38(2)(A)(a) – Personal Information - of the FOISA.

In making this decision, Aberdeen City Council considered the following points:

We are of the opinion that Section 38(1)(b) applies to your request as the information in question is personal information relating to living individuals, of which the applicant is not the data subject. As the full response to the planning contravention notice contains the personal circumstances of those concerned, it is likely that they could still be identified even if names and addresses were redacted.

ACC is of the opinion that Section 38(2)(A)(a) applies, as we consider that disclosure of this information would be a breach of the ‘lawfulness, fairness and transparency’ principle. Releasing the full response from those concerned under the Freedom of Information (Scotland) Act would mean putting their information into the public domain. ACC also publishes Freedom of Information responses on its online disclosure log. The full response to the planning contravention notice from those concerned was provided in confidence and as such there is no expectation that ACC would publicly disclose information which could lead to the individuals being identified, including details relating to their personal circumstances.

Information obtained from your site investigations and dates thereof.

Please find enclosed document ref: REV-28226281 Site Visit Summary Information re ENF200159.

Detailed information of all those who may use and/or lease premises.

We are unable to release this information as it comprises personal information. In order to comply with our obligations under the terms of Section 16 of the FOISA, we hereby give notice that we are refusing this part of your request under the terms of Section 38(1)(b) in conjunction with Section 38(2)(A)(a) – Personal Information - of the FOISA.

In making this decision, Aberdeen City Council considered the following points:

We are of the opinion that Section 38(1)(b) applies to your request as the information in question is personal information relating to living individuals, of which the applicant is not the data subject.

ACC is of the opinion that Section 38(2)(A)(a) applies, as we consider that disclosure of this information would be a breach of the ‘lawfulness, fairness and transparency’ principle. Releasing the details of these individuals under the FOISA would mean putting their information into the public domain. Detailed information of all those who may currently use and/or lease the premises is held by ACC in confidence and as such there is no expectation that ACC would publicly disclose information which could lead to the individuals being identified.

What happens next?

If you are not satisfied with the outcome of your request for an internal review, you can apply directly to the Office of the Scottish Information Commissioner (OSIC) for a decision. Generally, OSIC cannot make a decision unless you have been through the ACC’s review procedure. To make an application to OSIC, please write or email OSIC at:

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

www.itspublicknowledge.info

An application to OSIC must be made in writing within six months of receipt of ACC’s Review Decision Notice. When applying to OSIC for a decision you should give your name and address for correspondence. Please note that OSIC will not be able to investigate if you have not used your real name to make your information request. You must also specify:

● which request for information your requirement for review relates to

● the reason that you asked ACC to carry out a review of your request

● the reason why you are not satisfied with ACC's review outcome decision

The Commissioner will contact ACC and invite its comments on your application. Thereafter (if no settlement has meantime been reached), the Commissioner must reach a decision within 4 months of receiving your application, or within such other period as is reasonable. You will receive written notice of the outcome of the Commissioner’s decision.

Should you wish to appeal against the Scottish Information Commissioner's decision, there is an appeal to the Court of Session on a point of law only. Any such appeal must be made within 42 days after the date of the decision has been issued.

Yours sincerely,

Kind regards
Access to Information Team
Aberdeen City Council | Customer Development | Customer Experience | Customer
Marischal College | Broad Street | Aberdeen | AB10 1AB
www.aberdeencity.gov.uk | Twitter: @AberdeenCC | Facebook.com/AberdeenCC
Your personal data is very important to us. Please refer to information on why and how we use your data.

IMPORTANT NOTICE: This e-mail (including any attachment to it) is confidential, protected by copyright and may be privileged. The information contained in it should be used for its intended purposes only. If you receive this email in error, notify the sender by reply email, delete the received email and do not make use of, disclose or copy it. Whilst we take reasonable precautions to ensure that our emails are free from viruses, we cannot be responsible for any viruses transmitted with this email and recommend that you subject any incoming email to your own virus checking procedures. Unless related to Council business, the opinions expressed in this email are those of the sender and they do not necessarily constitute those of Aberdeen City Council. Unless we expressly say otherwise in this email or its attachments, neither this email nor its attachments create, form part of or vary any contractual or unilateral obligation. Aberdeen City Council's incoming and outgoing email is subject to regular monitoring.

Foi Enquiries, Aberdeen City Council

Thank you for your email. If you have contacted us to make a Freedom of
Information request, you can now make a request through our online portal,
which can be found at:
[1]https://www.aberdeencity.gov.uk/services...

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. https://www.aberdeencity.gov.uk/services...