Property and Assets and Buildings

Roedd y cais yn rhannol lwyddiannus.

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

InformationGovernance, Angus Council

Dear Sir or Madam

Thank you for your information request dated 29 July 2018 (received by Angus Council that same day).

If we are unable to provide you with a response within 20 working days, we will advise you of this in writing.

Please refer to the information below which explains your right to complain if you are unhappy with how the Council is dealing with your request.

If you have any queries, please ask for me on 01307 476234 or email [Angus Council request email]

Yours sincerely
Brenda Angus

_______________________________________________________________________________
Brenda Angus | Clerical Officer | Place | Legal & Democratic | Angus Council | Angus House | Orchardbank Business Park | Forfar | DD8 1AN | Tel: 01307 476234 |DX 530678 FORFAR|Email: [email address] ; [Angus Council request email]

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002
ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004
INSPIRE (SCOTLAND) REGULATIONS 2009

Your Right to Request a Review by the Council

If you are dissatisfied with the way in which Angus Council has dealt with your request for information under any of the above statutory instruments, you have a right to ask the council to review its actions and/or decisions regarding your request. If you wish to do this, you should make your request to the Service Leader – Legal & Democratic, Place Directorate, Angus Council, Angus House, Orchardbank Business Park, Forfar DD8 1AN or e-mail [Angus Council request email] within 40 working days.

Your request must:
• be in writing (or recordable format);
• give your name and address for correspondence;
• give details of the information which you originally requested from the council; and
• give the reasons why you are dissatisfied with the way in which your application for information has been dealt with.

Your application for review will then be considered by the council’s review panel. The review panel will write to you informing you of its decision not later than 20 working days after receipt of your request for a review. The review panel will also provide you with a statement of its reasons for arriving at the decision it has made.

Your Right to Appeal to the Scottish Information Commissioner

If you are dissatisfied with a decision of the council's review panel (or where the review panel has not provided you with a response), you have the right to apply to the Scottish Information Commissioner for a decision as to whether your request for information has been dealt with by the council in accordance with the above statutory instruments.

Your application to the Scottish Information Commissioner must:
• be in a recordable format (letter, e-mail, audio tape etc);
• give your name and address for correspondence.
• give details of the request for information which you originally requested from the council;
• give details of why you were dissatisfied with the council’s response to your original request;
• give details of why you were dissatisfied with the decision of the council's review panel.

In the case of an EIR or FOI request your application to the Scottish Information Commissioner must be made within 6 months of receipt of the decision of the council’s review panel (or within 6 months of the date that the review panel should have responded). No such time limit applies under the 2009 Regulations.

Appeals to the Commissioner can be lodged online through the following hyperlink:
http://www.itspublicknowledge.info/YourR... or by contacting:

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

dangos adrannau a ddyfynnir

HendersonD, Angus Council

3 Atodiad

Dear Sir or Madam

 

Please find attached a spreadsheet containing the extent of the
information we hold relating to your FOI request.  As a Scottish Council
we don’t use the site
[1]https://e-pims.cabinetoffice.gov.uk/gove...
to advertise any properties for lease or sale. These arrangement are
managed through our Estates Consultancy contract with Shepherd Chartered
Surveyors.

 

I haven’t included any valuation or lease figures as these are only
considered at the point of advertising the properties and we don’t keep
details of these figures.  With regard to which buildings would be
considered for Community Asset Transfer (CAT), under the regulations a bid
can be made for any Council property therefore any of the buildings in the
attached spreadsheet could be the subject of a CAT bid.  These bids would
be assessed on the merits of each application on an individual basis.

 

In compiling responses to information requests we invariably use
information which is routinely published on the Council’s website or
through its Publication Scheme.  If you require further information please
first check that the information you want is not routinely published as
any such information is exempt from release in terms of Section 25 of the
Freedom of Information (Scotland) Act 2002 or Regulation 6(1)(b) of the
Environmental Information (Scotland) Regulations 2004.

 

I hope that this information is of some help to you. Please note that the
information contained in this reply is believed to be accurate as of
today's date (unless otherwise indicated) but no warranty is given.
Further, Angus Council does not accept liability for any loss, injury or
damage which arises from the use of the information contained in this
reply either by you or by any other party. Please refer to the information
set out below which explains your right to complain if you are unhappy
with how the Council has dealt with your request.

 

If you have any other queries, please contact me using the details below.

 

Regards

 

 

Douglas Henderson |  Manager Property Asset| Angus Council | Place
Directorate | 01241 435189 | [2][email address] |
[3]www.angus.gov.uk

 

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Think green – please do not print this email

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

INSPIRE (SCOTLAND) REGULATIONS 2009

 

Your Right to Request a Review by the Council

 

If you are dissatisfied with the way in which Angus Council has dealt with
your request for information under any of the above statutory instruments,
you have a right to ask the council to review its actions and/or decisions
regarding your request. If you wish to do this, you should make your
request to the Head of Legal & Democratic Services, Resources Directorate,
Angus Council, Angus House, Orchardbank Business Park, Forfar DD8 1AN or
e-mail [8][email address] within 40 working days.

 

Your request must:

·        be in writing (or recordable format);

·        give your name and address for correspondence;

·        give details of the information which you originally requested
from the council;  and

·        give the reasons why you are dissatisfied with the way in which
your application for information has been dealt with.

 

Your application for review will then be considered by the council’s
review panel.  The review panel will write to you informing you of its
decision not later than 20 working days after receipt of your request for
a review. The review panel will also provide you with a statement of its
reasons for arriving at the decision it has made.

 

Your Right to Appeal to the Scottish Information Commissioner

 

If you are dissatisfied with a decision of the council's review panel (or
where the review panel has not provided you with a response), you have the
right to apply to the Scottish Information Commissioner for a decision as
to whether your request for information has been dealt with by the council
in accordance with the above statutory instruments.

 

Your application to the Scottish Information Commissioner must:

o be in a recordable format (letter, e-mail, audio tape etc);

o give your name and address for correspondence.
o give details of the request for information which you originally
requested from the council;
o give details of why you were dissatisfied with the council’s response
to your original request;
o give details of why you were dissatisfied with the decision of the
council's review panel.

 

In the case of an EIR or FOI request your application to the Scottish
Information Commissioner must be made within 6 months of receipt of the
decision of the council’s review panel (or within 6 months of the date
that the review panel should have responded).  No such time limit applies
under the 2009 Regulations. 

 

Appeals to the Commissioner can be lodged online through the following
hyperlink:

[9]http://www.itspublicknowledge.info/YourR...
or by contacting:

 

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9BS; Telephone - 01334 464610; Fax - 01334 464611;
Email - [10][email address])

 

 

 

 

 

 

 

 

 

 

dangos adrannau a ddyfynnir