Property and Assets and Buildings

The request was partially successful.

Dear Organisation,

I would like to know a full list of Vacant Properties held by your organisation and any of its subsidiaries.

If possible their market value for sale or to let, whether they would be considered for a community asset transfer, if not then whether they are for sale or to let. In a clear and easy to read format. It would be supportive if the property is for sale or to let that it is listed on here too: https://e-pims.cabinetoffice.gov.uk/gove... and that you inform us of this intention or such listing in the request.

In the previous case in Voyias v IC and LB Camden (EA/201v1/0007), the requesters asked for substantially similar information, and the judge favoured disclosure. I appreciate the circumstances here are quite different, but the same principles should apply.

I understand there is a risk that your empty properties would be targeted by squatters should this the list of empty properties be public, but this is a very slim risk. The prejudice to law enforcement should be real, likely and substantial, as per Hogan v the ICO and Oxford City Council. I can assure you that my request is not sent in order to cause trouble for the authority, it is predominantly for my own research, with publication as part of campaigning materials. I am concerned at the sale of public assets, not a not an advocate for their illegal occupation. I would also say that I cannot imagine the disclosure of this list of properties to significantly affect a squatting problem that pre-existed my interest in the organisation. Overall the prejudice to law enforcement is very slim, and not severe. Since 12 months will be the time that this information will be released onto this site, unless others request this information separately. The requester is not liable for any issues that may arise in between or after.

It is in the public interest and transparency that this information is made publicly available under the public sector duty under the equality act allowing people to know of this information and make use of it under the Community Asset Transfer scheme and under the Human Rights Act Article 11 enabling the community to gather and make decisions on the allocation of such assets.

Yours faithfully,

Viran Patel

Freedom Of Information, East Ayrshire Council

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Phelps, Donna, East Ayrshire Council

2 Attachments

CLASSIFICATION: PUBLIC

Dear Viran,

Request under the Freedom of Information (Scotland) Act 2002

I refer to your correspondence dated 29th July 2018 requesting information in relation to vacant properties.

The Council is treating your request as a request under the Freedom of Information (Scotland) Act 2002 and can respond as follows:

Please find attached list of the Council's vacant properties.

Further information on Land and Properties for sale and lease can be found using the following link:

https://www.east-ayrshire.gov.uk/Busines...

I trust this information has been of assistance to you and I have attached a leaflet to confirm your rights.

Kind regards

Donna Phelps
Freedom of Information Team
East Ayrshire Council
Council Headquarters
London Road
Kilmarnock
KA3 7BU

https://www.east-ayrshire.gov.uk/Busines...

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