Correspondence relating to Aberdeen Football Club Plans

Angus Jamieson made this Freedom of Information request to Scottish Government

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Scottish Government,

Please provide copies of all emails between members of parliment, government officers, civil servants and/or representatives of Aberdeen Football Club from May 2016 to date relating to Pittodrie Stadium or the proposed stadium at Kingsford near Westhill.

Please also include all written correspondance, within the same dates, between members of parliment, government officers, civil servants and/or representatives of Aberdeen Football Club relating to Pittodrie Stadium or the proposed stadium at Kingsford near Westhill.

Yours faithfully,

Angus Jamieson

Scottish Government

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FOI/16/01759
 
10 November 2016
 
 
Dear Mr Jamieson
 
FREEDOM OF INFORMATION REQUEST
 
ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004
 
Thank you for your request dated 6 November 2016 under the Freedom of
Information (Scotland) Act 2002 (FOISA) for the following information:
 

* Please provide copies of all emails between members of parliament,
government officers, civil servants and/or representatives of Aberdeen
Football Club from May 2016 to date relating to Pittodrie Stadium or
the proposed stadium at Kingsford near Westhill.

 

* Please also include all written correspondence, within the same dates,
between  members of parliament, government officers, civil servants
and/or representatives of Aberdeen Football Club  relating to
Pittodrie Stadium or the proposed stadium at Kingsford near Westhill.

 
  
As the information you have requested is ‘environmental information’ for
the purposes of the Environmental Information (Scotland) Regulations
2004(EIR), we are required to deal with your request under those
Regulations.  We are applying the exemption at section 39(2) of the
Freedom of Information (Scotland) Act 2002, so that we do not also have to
deal with your request under FOISA. As the exemption is conditional we
have applied the ‘public interest test’. This means we have, in all the
circumstances of this case, considered if the public interest test in
disclosing the information under FOISA outweighs the public interest in
applying the exemption. We have found that, on balance, the public
interest test lies in favour of upholding the exemption, because there is
no public interest in dealing with the same request under two different
regimes. This is essentially a technical point and has no material effect
on the outcome of your request.
 
We received your request on 6 November 2016 and will respond in accordance
with the EIRs by 6 December 2016.
 
Meantime, if you have any queries, please contact me quoting case number
FOI/16/01759
 
Kind regards
 
Mandy McComiskie
 
 
Mandy McComiskie| Section Manager| Planning and Environmental Appeals
Division | 4 The Courtyard | Callendar Business Park | Falkirk | FK1 1XR
|T: 01324 696 487 | F: 01324 696 444 Website:WWW.dpea.scotland.gov.uk
 
 
 
 

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Dear Scottish Government,

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

I am writing to request an internal review of Scottish Government's handling of my FOI request 'Correspondence relating to Aberdeen Football Club Plans'.

There has been no response to my request in the required timescale.

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

Yours faithfully,

Angus Jamieson

Scottish Government

Mr Jamieson

Thanks for your e-mail below.

I can confirm that the period in which we have to respond to your request is 20 working days. Given your request was received on 6 November 2016, this means we have until 6 December 2016 to respond. However I can assure you that, if possible, we will respond to your request before that date and certainly as soon as is possible. It would not therefore be appropriate at this stage to conduct a review of your request.

Kind regards

David

David Henderson
Head of Performance and Administration
DPEA
Unit 4
Callendar Business Park
Falkirk
FK1 1XR

Tel 01324 696476
Fax 01324 696444

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Scottish Government

2 Attachments

Dear Mr Jamieson
 
FREEDOM OF INFORMATION (SCOTLAND) ACT 2002
ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004
 
Thank you for your request dated 6 November 2016  under the Freedom of
Information (Scotland) Act 2002 (FOISA).
 
As you know, the information you have requested is ‘environmental
information’ for the purposes of the Environmental Information (Scotland)
Regulations 2004(EIR), we are required to deal with your request under
those Regulations.  We are applying the exemption at section 39(2) of the
Freedom of Information (Scotland) Act 2002, so that we do not also have to
deal with your request under FOISA. As the exemption is conditional we
have applied the ‘public interest test’. This means we have, in all the
circumstances of this case, considered if the public interest test in
disclosing the information under FOISA outweighs the public interest in
applying the exemption. We have found that, on balance, the public
interest test lies in favour of upholding the exemption, because there is
no public interest in dealing with the same request under two different
regimes. This is essentially a technical point and has no material effect
on the outcome of your request.
 
I have now completed the search for the information you requested. For the
avoidance of doubt, your request relates specifically to the  following :
 

* Please provide copies of all emails between members of parliament,
government officers, civil servants and/or representatives of Aberdeen
Football Club from May 2016 to date relating to Pittodrie Stadium or
the proposed stadium at Kingsford near Westhill.
* Please also include all written correspondence, within the same dates,
between members of parliament, government officers, civil servants
and/or representatives of Aberdeen Football Club relating to Pittodrie
Stadium or the proposed stadium at Kingsford near Westhill.

 
With the above in mind, I attach a copy of our letter of 27 September 2016
sent by the Planning and Environmental Appeals Division (DPEA) to Aberdeen
Football Club, via their agent Burness Paull LLP.
 
 
 
 
If it may be of some assistance to explain, by way of background,  the
context in which the attached correspondence is provided. You may be aware
that Aberdeen Football Club previously sent a representation to Aberdeen
City Council about the Proposed Aberdeen Local Development Plan.
 
As you may know, development plans consist of a set of documents that set
out the local authority’s policies and proposals for the development and
use of land in their area. The development plan guides and shapes
day-to-day decisions as to whether or not planning permission should be
granted, under the system known as development management.
 
When planning authorities prepare and publish development plans for their
area they must provide an opportunity for people to make representations
about that plan. If representations are made and those representations
raise issues that are not resolved, the planning authority must submit the
plan to the Scottish Ministers for examination. Minister will appoint a
reporter, from the DPEA, to carry out the examination.
 
The report of the examination was submitted  to the council on 23
September 2016 and contains reference to Pittodrie.
 
I attach a link to the report below :
 
[1]http://www.dpea.scotland.gov.uk/Document...
 
If you are unhappy with this response to your request, you may ask us to
carry out an internal review, by writing to Paul Cackette, Director and
Chief Reporter, DPEA, 4 The Courtyard, Callendar Business Park, Falkirk,
FK1 1XR. Your request should explain why you wish a review to be carried
out, and should be made within 40 working days of receipt of this email,
and we will reply within 20 working days of receipt.  If you are not
satisfied with the result of the review, you then have the right to make a
formal complaint to the Scottish Information Commissioner.
 
I hope this answers your query however please don’t hesitate to contact me
should you require further information.
 
Yours sincerely
 
Mandy McComiskie
 
Mandy McComiskie
Section Manager
 
 
Mandy McComiskie| Section Manager| Planning and Environmental Appeals
Division | 4 The Courtyard | Callendar Business Park | Falkirk | FK1 1XR
|T: 01324 696 487 | F: 01324 696 444 Website:WWW.dpea.scotland.gov.uk
 
 
 
 

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References

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1. http://www.dpea.scotland.gov.uk/Document...