Dear Mr Mann

I acknowledge receipt of your email which is receiving attention.

I shall contact you again when I am in a position to respond more fully to your request.

Yours sincerely

Jacqueline Keachie
for Freedom of Information Co-ordinator
North Lanarkshire Council
Civic Centre
Motherwell
ML1 1AB
01698 302232

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Dear Mr Mann,

Request for Information

I refer again to your e mail dated 24 October 2019 seeking information
relative to contaminated land.

Having regard to the nature of your request it appears to me that it is
governed by the provisions of the Environmental Information (Scotland)
Regulations 2004 – rather than the Freedom of Information Legislation –
and it is in terms of these Regulations that my response is made.

Returning to your request and having investigated, Please find attached
entries in the Contaminated Land Register for North Lanarkshire.

Please note that although nine notices are shown as extant, they are
resolved by the corresponding Remediation Notices listed. There is
currently no mechanism in Scots Law to remove the (extant) notices in
question.

With regard to potentially contaminated land, I regret to advise you that
the Council does not hold a list of addresses or co-ordinates of
potentially contaminated land and in terms of Regulation 10(4)(a) of the
Environmental Information (Scotland) Regulations 2004, I must advise you
of this. 

However, in order to be of assistance, requests for information in
relation to specific sites can be made (via a ‘Request for Environmental
Information’), contact details as per the undernoted link:-

[1]https://www.northlanarkshire.gov.uk/inde...

I can advise that North Lanarkshire Council, having regard to the
provisions of Regulation 16 of the Environmental Information (Scotland)
Regulations 2004, has established a procedure whereby any person who has
requested information in terms of those Regulations, may make
representations if it appears to the applicant that the authority has not
complied with any requirements of the Regulations in relation to the
applicant’s request.  Any such representations require to be made in
writing and received by the Council not later than 40 working days after
either the date that the applicant receives any decision or notification
which the applicant believes does not comply with these Regulations or the
date by which such a decision or notification should have been made, or
any other action should be taken by the authority, but was not made or
taken.  Any such representations should be addressed to the Head of Legal
and Democratic Solutions, Civic Centre, Windmillhill Street, Motherwell,
ML1 1AB.  Accordingly, if you wish to seek a review, please write to the
Head of Legal and Democratic Solutions.

I would advise, also, that in terms of Regulation 17 of the Environmental
Information (Scotland) Regulations 2004, a person who is dissatisfied with
a notice given by the local authority under Regulation 16(4) of the
Regulations - ie. a notice following a review of a decision by a local
authority, or by the failure of a local authority to give such a notice -
may make application to the Scottish Information Commissioner for a
decision as to whether, in any respect specified in that application, the
request for information to which the requirement relates has been dealt
with in accordance with the Regulations.  Such an application must be made
within six months of the review decision and be in writing or in another
form which, by reason of it having some permanency is capable of being
used for subsequent reference.  The application must state the name of the
applicant and provide an address for correspondence.  The application must
also specify the request for information to which the requirement for
review relates, the matter which gave rise to the applicant’s
dissatisfaction with the original decision of the local authority and the
matter which gives rise to the applicant’s dissatisfaction with the
decision on review by the local authority or the failure of the local
authority to issue such a decision.  The Scottish Information Commissioner
can be contacted as follows:-

Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St. Andrews

KY16  9DS

email: [email address]

Appeals to the Scottish Information Commissioner can also be made online
via the following link: -

www.itspublicknowledge.info/Appeal

I hope this information is sufficient for your purpose.  If, however, you
require further information – or I can assist in any other way – please
let me know.

Yours sincerely

Neil McKay

Freedom of Information Co-ordinator

Democratic and Legal Services

North Lanarkshire Council

Civic Centre

Windmillhill Street

Motherwell

ML1 1 AB

Tel : 01698 302 484

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