Grass Cutting

The request was successful.

Dear North Lanarkshire Council,

You have stated and shown on your council website the areas within your council that you will no longer cutting/Maintain due to not being the owners.
While I believe this is the correct decision and I can see you have advised people how to find out who owns this ,you haven't advised or provided any assistance to those areas where the owner is known but is not maintaining this areas

Will you as a council when are aware of the owner be contacting them via letter/email etc to inform them it is there duty to maintain these areas and if they fail to do so will you then follow through with a waste land notice ? or any other action available to you

Yours faithfully,

angela

Jacqueline Keachie, North Lanarkshire Council

Dear Madam

I acknowledge receipt of your email which is receiving attention.

As per section 8(1)(b) of the Freedom of Information (Scotland) Act 2002, in order for your request to be considered valid, I require a full name. Please can you provide me with your full name as soon as possible.

I look forward to hearing from you.

Yours sincerely

Jacqueline Keachie
For Freedom of Information Co-ordinator
North Lanarkshire Council
Contact by email

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Dear Jacqueline Keachie,

full name as below

Yours sincerely,
angela pollock

Jacqueline Keachie, North Lanarkshire Council

Dear Ms Pollock

Request for Information

 

I refer again to your e-mail dated 25 May 2021 seeking information in
relation to grass cutting/maintenance.

 

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 (Scotland) Act
2002, and it is in terms of these Regulations that my response is made.

 

Returning to your request and having investigated I can advise that while
the Environmental Information (Scotland) Regulations 2004 gives the public
a right of access to information held by public authorities, the
information must be recorded and held in some way e.g. a spreadsheet,
report etc.  Your enquiry seeks comment rather than requests recorded
information and, the only response I can give is in terms of Regulation
10(4)(a) of the Environmental Information (Scotland) Regulations 2004,
that the information sought is not held. 

 

However, to be of assistance, I can advise that although under Section 179
of the Town and Country Planning (Scotland) Act 1997 the Planning
Authority has the power to serve a Notice on the owner, lessee or occupier
of land in their area, the condition of which they consider to be
adversely affecting the amenity of the area, and such notices may require
specified steps to be taken for the abatement of the injury to the
amenity, it is highly unlikely that the Council would serve these notices.

 

The Planning Authority has no power to take other action such as seeking
prosecution or issuing a fixed penalty notice.

 

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: [1][email address]

 

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

 

[2]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

 

 

Jacqueline Keachie

For Freedom of Information Co-ordinator

North Lanarkshire Council

Contact by email

 

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Dear Jacqueline Keachie,

thank you are you able to confirm Will you as a council when are aware of the owner be contacting them via letter/email etc to inform them it is there duty to maintain these areas

Yours sincerely,

angela

Jacqueline Keachie, North Lanarkshire Council

Dear Ms Pollock

Further to your undernoted email following on from my response, I can advise that your further question is not a valid request for information as detailed in my earlier email.

However, to be of assistance the service have advised that there are no plans to issue any such letters/emails.

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

Jacqueline Keachie
For Freedom of Information Co-ordinator
North Lanarkshire Council
Contact by email

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