Advice received for sale of public land

The request was partially successful.

Dear Sir or Madam,

I am writing to request
1)A copy of the Cushman & Wakefield report, referred to in the Report to City of Edinburgh Council Committee on 30th June 2005, regarding the sale of land on East Market St/Cranston St to Mountgrange :and
2)A copy of the Senior Counsel's opinion, obtained by the Council Solicitor(also referred to in the same report), regarding the off market offers received by Mountgrange in respect of the sale of Publicly owned assets and Common Good Land.

Yours faithfully,

Julie Logan
Edinburgh

Freedom of Information, City of Edinburgh Council

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back to you as soon as possible.
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Customer Services.

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Dear Freedom of Information,
I am still awaiting a response from Edinburgh Council which is now overdue under the terms of the FOI Act.

Yours sincerely,

julie logan

Freedom of Information, City of Edinburgh Council

Thank you for your email. We are dealing with your enquiry and we will get
back to you as soon as possible.
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Customer Services.

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email.

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Dear Sir or Madam,

I am still waiting for a response.
Please can you advise, through the What do they Know website if there is any reason for the delay.

Yours sincerely,
Julie Logan

julie logan

Freedom of Information, City of Edinburgh Council

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julie logan left an annotation ()

I note this response was posted on the request I made to City of Edinburgh Council headed 'Sale of Public Land' which is actually the response to this request on 'Advice received for sale of public land'.....

Date 10 October 2008

Your Ref
Our Ref 20151/9/GT/AJD - 1-117077616

Dear Ms Logan

FREEDOM OF INFORMATION (SCOTLAND) 2002

Thank you for your request for information received on 11 September
2008. I am dealing with your request in accordance with the above Act.

In regard to your request for a copy of the Opinion of Senior Counsel I
would advise you that I cannot give you the information requested. The
Opinion of Senior Counsel is information in respect of which a claim to
confidentiality of communications could be maintained in legal
proceedings and they are therefore exempt information in terms of
Section 36 of the Freedom of Information (Scotland) Act 2002. In
considering this exemption I have to apply the public interest test in
terms of Section 2(1)(b) of the 2002 Act. The Courts have long
recognised the strong public interest in maintaining the right to
confidentiality of communications between legal advisor and client.
In his decision 023/2005 the Freedom of Information Commissioner
indicated that there will always be a strong public interest in
maintaining the right to confidentiality of communications between legal
advisor and client and he is likely to order disclosure of such
communications only in highly compelling cases.

It is in the public interest for a public authority to receive the most
comprehensive legal advice about its proposed actions. An Authority
should be permitted to communicate its position to its advisors fully
and frankly in confidence, in order to obtain the most comprehensive
legal advice and to defend its position adequately should that become
necessary. In my view these considerations override any public interest
that there may be in the content of this aspect of the information which
you seek.

In regard to your request for a copy of the Cushman and Wakefield report
referred to in the report to Council in June 2005 I can advise that I
have located said report but prior to making a decision on whether to
release the report I need to consult with parties named in the report.
Accordingly I shall write to you again shortly.

If you are not happy with this, or want to complain about the way in
which we have handled your application, please write to the Director of
Corporate Services, Level 2/7, Waverley Court, 4 East Market Street,
EDINBURGH EH8 8BG.

If, after you have received a reply from the Director of Corporate
Services, you remain dissatisfied, you may ask the Scottish Information
Commissioner to conduct a review. You can contact him at Scottish
Information Commissioner, Kinburn Castle, Doubledkyes Road, St Andrews,
Fife, KY16 8DS. Phone 01334 464 610, Fax: 01334 464 611, E-mail:
[email address].

Yours sincerely

BILL MILLER
Property Manager
Property Management and Development

Given the request for clarity of legal opinion relates to land owned by the citizens of Edinburgh (Common Good Land) it would seem reasonable that Counsel Opinion is in the public interest and should be disclosed, as well as details of the Cushman and Wakefield report, as Edinburgh Council have been asked by Scottish Government (along with all other Local Authorities) to better auditing of the management and accounting of Common Good Assets. The information on such audits should be open and transparant to the public.

Dear Sir or Madam,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Edinburgh Council's handling of my FOI request 'Advice received for sale of public land'.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/ad...

Yours sincerely,

julie logan

Freedom of Information, City of Edinburgh Council

Thank you for your email. We are dealing with your enquiry and we will get
back to you as soon as possible.
Regards,

Customer Services.

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email.

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Freedom of Information, City of Edinburgh Council

Dear Julie Logan

Request for a Review of the Handling of FOI Request

I write further to your email dated 26/11/2008 requesting a review of the
handling of your FOI request in regards to Advice received for sale of
public land.

Your request for review was received in this office on the 26/11/2008 and
we will endeavour to provide you with a response to your queries within 20
working days.

If you have further questions regarding how this review is being dealt
with, please contact me directly.

If after receiving a response from the Director of Corporate Services you
remain dissatisfied, you have six months within which you may ask the
Scottish Information Commissioner to conduct a review of our decision. You
can contact him at:

Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

For further information on the Freedom of Information (Scotland) Act 2002,
please contact us on 0131 200 2340 or visit our Website at
www.edinburgh.gov.uk/foi.

Yours sincerely

John Thomson

Freedom of Information

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Chris Highcock, City of Edinburgh Council

For the attention of Julie Logan

Ms Logan

Request for a Review of the Handling of FOI Request 1886

I write further to your email dated 26 November to our Contact Centre
requesting a review of the handling of your FOI request ref 1886

Your request for review was received in this office on the 26 November and
we will endeavour to provide you with a response to your queries within 20
working days.

If you have further questions regarding how this review is being dealt
with, please contact me directly.

If after receiving a response from the Director of Corporate Services you
remain dissatisfied, you have six months within which you may ask the
Scottish Information Commissioner to conduct a review of our decision. You
can contact him at: Scottish Information Commissioner, Kinburn Castle,
Doubledykes Road, St Andrews, Fife, KY16 9DS.

For further information on the Freedom of Information (Scotland) Act 2002,
please phone us on 0131 200 2340 or visit our Website at
www.edinburgh.gov.uk/foi.

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Chris Highcock, City of Edinburgh Council

Ms Logan

Request for a Review of the Handling of FOI Request

I write further to your email dated 26 November to Jim Inch requesting a
review of the handling of your FOI request ref 1886

Your request for review was received in this office on the 26 November and
we will endeavour to provide you with a response to your queries within 20
working days.

If you have further questions regarding how this review is being dealt
with, please contact me directly.

If after receiving a response from the Director of Corporate Services you
remain dissatisfied, you have six months within which you may ask the
Scottish Information Commissioner to conduct a review of our decision. You
can contact him at: Scottish Information Commissioner, Kinburn Castle,
Doubledykes Road, St Andrews, Fife, KY16 9DS.

For further information on the Freedom of Information (Scotland) Act 2002,
please phone us on 0131 200 2340 or visit our Website at
www.edinburgh.gov.uk/foi.

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Chris Highcock, City of Edinburgh Council

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[Subject only] FW: Request for Internal Review Ref IN361833/1886 Logan [Advice received for sale of public land at East MarketSt/Cranston St] Julie Logan

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Dear Chris Highcock,

Please can you provide a copy of the C&W report which you state was sent out to me electronicly as a response to my request on the what do they know website as I have problems with my post.
Also the PNG file you have posted on the what do they know website does not open can you please send in a format which is accessable (word or similar open source format)

Yours sincerely,

julie logan

Chris Highcock, City of Edinburgh Council

Ms Logan

Do you have an alternative email address. It may be that there is an
issue with the "What do they know?" site

Chris

________________________________

Chris Highcock | Business Manager to the Director | Department of
Corporate Services | City of Edinburgh Council | Level 2 (2/7)
Waverley Court, 4 East Market Street, Edinburgh, EH8 8BG | Tel: 0131 469
3126 | Fax: 0131 469 3010 |

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Dear Chris Highcock,

I dont think there is any problems, unless CEC has an issue, with the what do they know site as other responses have been provided this way.
Please provide info as previously requested on this very helpful and publicly accessible site.

Yours sincerely,

julie logan

Chris Highcock, City of Edinburgh Council

Ms Logan

I will send you a further copy of the C& W report. I would note that
this Council has not posted anything on the "What do they know?" site.
All we have done is to respond to your queries.

________________________________

Chris Highcock | Business Manager to the Director | Department of
Corporate Services | City of Edinburgh Council | Level 2 (2/7)
Waverley Court, 4 East Market Street, Edinburgh, EH8 8BG | Tel: 0131 469
3126 | Fax: 0131 469 3010 |

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Chris Highcock, City of Edinburgh Council

1 Attachment

Ms Logan

I have attached a copy of the C&W report that you requested

________________________________

Chris Highcock | Business Manager to the Director | Department of
Corporate Services | City of Edinburgh Council | Level 2 (2/7)
Waverley Court, 4 East Market Street, Edinburgh, EH8 8BG | Tel: 0131 469
3126 | Fax: 0131 469 3010 |

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Dear Chris Highcock,

In my original request for details of the C&W report I also asked for a copy of Senior Counsel opinion regarding the sale of land on East Market Street in relation to the off market offer made by Mountgrange. can you advise when this will be available.

Yours sincerely,

julie logan

Chris Highcock, City of Edinburgh Council

Ms Logan

I am no longer involved in FOI matters. I will forward your email to
the appropriate officer

Chris Highcock | Elections Team | Department of Corporate Services |
City of Edinburgh Council | Level 2 (2/7) Waverley Court, 4 East
Market Street, Edinburgh, EH8 8BG | Tel: 0131 469 3126 | Fax: 0131 469
3010 |

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Dear Chris Highcock,
Thank you for passing this on . Can you please also advise your replacement that I am still awaiting the response to the request (only an acknowledgement that you recieved the request on 26/11/2008) for a review my FOI request which I have still not recieved.
The response to the request for a review is now overdue.

Yours sincerely,

julie logan

Dear Sir or Madam,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Edinburgh Council's handling of my FOI request 'Advice received for sale of public land'.
I have already requested an internal review but not recieved a full response.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/ad...

Yours sincerely,

julie logan

City of Edinburgh Council

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Dear Sir or Madam,
Please can you confirm details of my internal review request regarding
"Advice received for sale of public land"
which was made through the www.whatdotheyknow.com website

Yours sincerely,

julie logan

Freedom of Information, City of Edinburgh Council

Thank you for your email. We are dealing with your enquiry and we will get
back to you as soon as possible.
Regards,

Customer Services.

This is an automatically generated email. Please do not reply to this
email.

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Freedom of Information, City of Edinburgh Council

Ms Julie Logan

[email address]

Date 17 December 2008
Our Ref
Your Ref

Dear Ms Logan

REQUEST FOR REVIEW OF HANDLING OF FREEDOM OF INFORMATION REQUEST

I refer to your e-mail of 26 November. I understand that you have
already received a copy of the Cushman and Wakefield Report which you
requested, and I assume that your review requests relates only to the
legal advice on the matter which you had also requested.

I have carefully considered the matter but have to indicate that I agree
entirely with the reasoning for not disclosing to you the legal advice
on the matter, all as set out in the letter to you from City Development
of 10 October.

In the above circumstances I regret that I am not able to uphold your
review request.

If you are not satisfied with this response you may ask the Scottish
Information Commissioner within 6 months to conduct a review of this
decision. You can contact him at Scottish Information Commissioner,
Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS.
Thereafter you have the right to appeal the decision of the Scottish
Information Commissioner on a point of law to the Court of Session.


Yours sincerely

Jim Inch
Director of Corporate Services

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