Dear Ms Davidson,

Information enquiry reference EIR-19-0423.

Thank you for your recent request for information, which we received on 21
March 2019.

The scheduled date for our response to your request for information is on
or before 18 April 2019.

Please do not hesitate to contact us should you have any queries in the
meantime.

Yours sincerely,

Anna Buchan

Access to Information Officer

     
[1]ACC_Crest_for mac Anna Buchan | Access to Information Officer
email
Aberdeen City Council | Access to Information Team |
Customer Feedback |Customer

Marischal College | 3^rd Floor | Broad Street |
Aberdeen | AB10 1AQ

Dial: 01224 522166

www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

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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Dear Ms Davidson,

Please accept our sincerest apologies that ACC has failed to respond to
your information request within the statutory 20 working days. 

ACC is endeavouring to ensure you receive a response within the next 5
working days, but would like to take this opportunity to advise you that,
as ACC has missed the statutory deadline for responding, you are entitled
to request a review.  More information about requesting a review is
included in the Further Information section, below.

Yours sincerely,

Salomeh Kheyri Rad

Access to Information Officer

FURTHER INFORMATION

If ACC has failed to respond to your information request within the
statutory 20 working days you can submit a complaint or request a review
of our response. You should do this within 40 working days after receipt
of this information. To complain or request a review, please write to:

Access to Information Team
Customer Feedback
Corporate Experience
Aberdeen City Council
3^rd Floor North

Business Hub 17

Marischal College
Broad Street
ABERDEEN AB10 1AQ

Email: [1][Aberdeen City Council request email]

Your request for review must include your name, an address, and your
reason(s) for requesting a review. You should also include the reference
number for your original request for information.

If you are not satisfied with the outcome of your request for 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 Council’s review procedure. The Scottish Information
Commissioner can be contacted at:

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

[2]www.itspublicknowledge.info

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.

[3]ACC_Crest_for Salomeh Kheyri Rad | Access to Information Officer
mac email
Aberdeen City Council | Access to Information Team |
Customer Feedback |Customer

Marischal College | Business Hub 17 | 3^rd Floor | Broad
Street | Aberdeen | AB10 1AQ

Dial: 01224 522166

[4]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

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. mailto:[Aberdeen City Council request email]
2. http://www.itspublicknowledge.info/
4. http://www.aberdeencity.gov.uk/

Dear Ms Davidson,

Thank you for your request for a review, received on 01 May 2019, to
reconsider the information request EIR-19-0423 – Kingsford Stadium (AFC)
on the basis that you have yet to receive a response from Aberdeen City
Council (ACC). Under the Freedom of Information (Scotland) Act 2002
(FOISA), if an applicant writes to ACC expressing dissatisfaction with the
way in which ACC has dealt with their request (this includes enquiring
about the status of a late response), ACC must treat this as a formal
request for review. The applicant does not need to specifically ask for a
review.

Please note that the reason for delay is due to large number of documents
– over 100 documents and majority more than 1 page – which we have to
check, redact and prepare for providing to you and releasing on public
domain.

In accordance with the timescales set out in FOISA, you should receive a
review outcome on or before 31 May 2019. If a response to your information
request is provided on or before that date, this will be deemed to be the
review outcome. If ACC fails to provide you with a response by that date,
you can apply to the Office of the Scottish Information Commissioner
(OSIC) to make a decision. Please refer to the Further Information section
below.

I would also take this opportunity to advise you that you will have no
further opportunities to seek a review at local authority level after your
response has been provided, as FOISA allows applicants to have one review
only. If you receive your response and disagree with any aspect of it, you
should contact OSIC directly.

Yours sincerely,

Salomeh Kheyri Rad
On behalf of Review Panel Clerk

FURTHER INFORMATION

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
[1]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:

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.

[2]ACC_Crest_for Salomeh Kheyri Rad | Access to Information Officer
mac email
Aberdeen City Council | Access to Information Team |
Customer Feedback |Customer

Marischal College | Business Hub 17 | 3^rd Floor | Broad
Street | Aberdeen | AB10 1AQ

Dial: 01224 522166

[3]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

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. http://www.itspublicknowledge.info/
3. http://www.aberdeencity.gov.uk/

Dear Ms Davidson,

Following our e-mail of 01 May 2019, please note that we are only awaiting
for your response to get approved.

We do apologise for the delay and will send you the response as soon as we
receive the approval form the relevant Service Manager.

Thank you

[1]ACC_Crest_for Salomeh Kheyri Rad | Access to Information Officer
mac email
Aberdeen City Council | Access to Information Team |
Customer Feedback |Customer

Marischal College | Business Hub 17 | 3^rd Floor | Broad
Street | Aberdeen | AB10 1AQ

Dial: 01224 522166

[2]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

From: Foi Enquiries
Sent: 01 May 2019 10:27
To: Clare Davidson <[FOI #563534 email]>
Subject: REV-19-0423 - Kingsford Stadium (AFC)

Dear Ms Davidson,

Thank you for your request for a review, received on 01 May 2019, to
reconsider the information request EIR-19-0423 – Kingsford Stadium (AFC)
on the basis that you have yet to receive a response from Aberdeen City
Council (ACC). Under the Freedom of Information (Scotland) Act 2002
(FOISA), if an applicant writes to ACC expressing dissatisfaction with the
way in which ACC has dealt with their request (this includes enquiring
about the status of a late response), ACC must treat this as a formal
request for review. The applicant does not need to specifically ask for a
review.

Please note that the reason for delay is due to large number of documents
– over 100 documents and majority more than 1 page – which we have to
check, redact and prepare for providing to you and releasing on public
domain.

In accordance with the timescales set out in FOISA, you should receive a
review outcome on or before 31 May 2019. If a response to your information
request is provided on or before that date, this will be deemed to be the
review outcome. If ACC fails to provide you with a response by that date,
you can apply to the Office of the Scottish Information Commissioner
(OSIC) to make a decision. Please refer to the Further Information section
below.

I would also take this opportunity to advise you that you will have no
further opportunities to seek a review at local authority level after your
response has been provided, as FOISA allows applicants to have one review
only. If you receive your response and disagree with any aspect of it, you
should contact OSIC directly.

Yours sincerely,

Salomeh Kheyri Rad
On behalf of Review Panel Clerk

FURTHER INFORMATION

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
[3]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:

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.

[4]ACC_Crest_for Salomeh Kheyri Rad | Access to Information Officer
mac email
Aberdeen City Council | Access to Information Team |
Customer Feedback |Customer

Marischal College | Business Hub 17 | 3^rd Floor | Broad
Street | Aberdeen | AB10 1AQ

Dial: 01224 522166

[5]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

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
2. http://www.aberdeencity.gov.uk/
3. http://www.itspublicknowledge.info/
5. http://www.aberdeencity.gov.uk/

Dear Ms Davidson,  

Thank you for your email of 01 May 2019 requesting that Aberdeen City
Council (ACC) review its handling of your request as we failed to meet the
20 working days deadline. Please accept our sincere apologies for delay in
providing you the response. I can now advise you that we have undertaken
an internal review of our decision and the findings are set out below.

Review details

Please provide all communications, to include letters, memos, notes,
e-mails including attachments, reports, draft report, minutes, hand
written meeting notes, diary entries and any other communication between
Aberdeen city council planning department including Angela Scott , Eric
Owens, Bernadette marjoram, Mark Reilly, Richard Sweetman, Jamie Coventry,
Gavin Evans, Garfield Prentice, Mark Wilkie and Aberdeen Football Club
and/or their representatives regarding the Kingsford development and
related planning conditions; 30th April 2018 and 21st March 2019.

Review outcome

Document ref: EIR-19-0423 Kingsford Stadium was sent to you through
ShareFile.

ACC is unable to provide you with information on documents including
information regarding land valuation estimates as it is excepted from
disclosure. In order to comply with its obligations under the terms of
Regulation 13 of the EIRs, ACC hereby gives notice that we are refusing
your request under the terms of Regulation 10(5)(e) – Confidentiality of
commercial or industrial information - of the EIRs.

In making this decision ACC considered the following points:

Is the information commercial or industrial in nature?

ACC is of the view that the requested information is commercial in nature
as it relates to the valuation of a Council asset which may be put forward
for selling in future. ACC’s own commercial interests would be damaged if
we were to release this information into the public domain under the EIRs
(Environmental Information (Scotland) Regulations 2004).

Please describe how disclosure of the requested information would cause
the level of harm required for this exception?

Releasing information on the valuation could give potential purchasers in
future an indication of what the Council expected to receive for the asset
and terms of sale.  That may influence the amount they offer and may give
them a competitive advantage over other potential purchasers that have not
seen the published information.

The harm would be in a potentially reduced capital receipt for the Council
and disrupt the sale of an asset.

What are the public interest arguments?

ACC recognises that there is a general public interest in knowing about
ACC’s management of property assets including their valuation. 

However, ACC is of the view that there is a stronger public interest in
withholding the information.  By withholding the information it will
enable Aberdeen City Council officers to ensure that the re-selling
process is undertaken in a fair and transparent manner for all interested
parties and is best able to demonstrate to elected members and the general
public that best value is achieved for the selling of any particular
Council owned asset.

ACC is therefore of the view that the public interest is best served by
refusing to provide information on the valuation.

Please note that we are unable to release the details of the ‘species’ by
virtue of Nature Conservation (Scotland) Act 2004 and Wildlife and Natural
Environment (Scotland) Act 2011. These Acts prevents the disclosure of any
information in relation to certain species as they are protected,
therefore, ACC is unable to provide you with information on documents
including information regarding species. This is exempted from disclosure
as this is prohibited by or under an enactment.  In order to comply with
its obligations under the terms of Section 16 of the FOISA, ACC hereby
gives notice that we are refusing your request under the terms of Section
26(a) – Prohibition on disclosure - of the FOISA.

Please note that third party names and personal details, as well as the
names of ACC Officers who are below Chief Officer level have been redacted
from the attached document. This is because ACC considers that this
information is excepted from disclosure. In order to comply with its
obligations under the terms of Regulation 13 of the EIRs, ACC hereby give
notice that we are refusing your request under the terms of Regulation
11(2) in conjunction with 11(3)(a)(i) – Personal Information - of the
EIRs.

In making this decision ACC considered the following points:

ACC is of the opinion that Regulation 11(2) applies to the information
specified above 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 Regulation 11(3)(a)(i) applies, as we consider
that disclosure of this information would be a breach of the ‘lawfulness,
fairness and transparency’ principle. These individuals have not consented
to the disclosure of this information and ACC does not consider that they
would expect ACC to release this information about them into the public
domain under the FOISA.

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

[1]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,

Salomeh Kheyri Rad

On behalf of Review Panel Clerk

[2]ACC_Crest_for Salomeh Kheyri Rad | Access to Information Officer
mac email
Aberdeen City Council | Access to Information Team |
Customer Feedback |Customer

Marischal College | Business Hub 17 | 3^rd Floor | Broad
Street | Aberdeen | AB10 1AQ

Dial: 01224 522166

[3]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

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. http://www.itspublicknowledge.info/
3. http://www.aberdeencity.gov.uk/

Salomeh Kheyri Rad has sent you files. Expires 9/4/19
To download this file, you must first activate your account and set your personal
password.
A note from Salomeh :
Dear Ms Davidson,

Following our earlier e-mail, please find enclosed document ref: EIR-19-0423 -
Kingsford Stadium.

Kind regards

Salomeh Kheyri Rad
Access to Information Officer
[1]Download
Trouble with the above link? You can copy and paste the following URL into your
web browser:
[2]https://aberdeencitycouncil.sharefile.eu...

ShareFile is a tool for sending, receiving, and organizing your business files
online. It can be used as a password-protected area for sharing information with
clients and partners, and it's an easy way to send files that are too large to
e-mail.

Powered By Citrix ShareFile 2019

References

Visible links
1. https://aberdeencitycouncil.sharefile.eu...
2. https://aberdeencitycouncil.sharefile.eu...

Dear Ms Davidson,

Thank you for your e-mail.

Please note the response is now with you.

We do apologise for the delay in processing your review request.

Please let us know if you need any further details.

Kind regards

Salomeh Kheyri Rad | Access to Information Officer
Aberdeen City Council | Access to Information Team | Customer Feedback |Customer
Marischal College | Business Hub 17 | 3rd Floor | Broad Street | Aberdeen | AB10 1AQ

Dial: 01224 522166
www.aberdeencity.gov.uk | Twitter: @AberdeenCC | Facebook.com/AberdeenCC

show quoted sections

Dear Mr Davidson,

Thank you for your e-mail, however, we never provided a link within our response.

Could you please advise which link you are referring to ?

Kind regards

Salomeh Kheyri Rad | Access to Information Officer
Aberdeen City Council | Access to Information Team | Customer Feedback |Customer
Marischal College | Business Hub 17 | 3rd Floor | Broad Street | Aberdeen | AB10 1AQ

Dial: 01224 522166
www.aberdeencity.gov.uk | Twitter: @AberdeenCC | Facebook.com/AberdeenCC

show quoted sections

Dear Ms Davidson,

My apologies for delay in getting back to you.

You can sign in by using the above e-mail address, then click on 'Forgot Password'. A new password would be provided and you can then log in and have access to the files.

Alternatively and advised earlier, you can provide a personal e-mail address and then do the same as explained above to get access to the files.

Hope this helps and please let us know if you need any further details.

Kind regards

Salomeh Kheyri Rad | Access to Information Officer
Aberdeen City Council | Access to Information Team | Customer Feedback |Customer
Marischal College | Business Hub 17 | 3rd Floor | Broad Street | Aberdeen | AB10 1AQ

Dial: 01224 522166
www.aberdeencity.gov.uk | Twitter: @AberdeenCC | Facebook.com/AberdeenCC

show quoted sections

Dear Ms Davidson,

We have just sent you a copy of the response to the other e-mail you provided.

Please let us know in case of any problems.

Thank you

Salomeh Kheyri Rad
Access to Information Officer

show quoted sections

Dear Ms Davidson,

Thank you for your e-mails.

Could you please provide more explanation ? Did you manage to log in this time ? When you log in, what you can view ?

Could you please try the link provided through both ‘Internet Explorer’ and ‘Google Chrome’ web browsers and see this would make a reference ?

Once we have more details, we will do our best to help you.

Kind regards

Salomeh Kheyri Rad
Access to Information Officer

show quoted sections