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Notes, Agenda and all documents relating to meeting meet with AFC executives

Angus Jamieson made this Freedom of Information request to Aberdeen City Council

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

We're waiting for Angus Jamieson to read a recent response and update the status.

Dear Aberdeen City Council,

Please provide copies of all correspondence, notes, preparatory papers and briefings, email and all other written materials relating to the meeting between Angela Scott, Eric Owens and representatives of Aberdeen Football club during the week beginning Monday 2nd October.

Please also provide details of all internal emails and written reports between the Chief Executive and her office and Planning relating to the Kingsford Stadium Application.

Yours faithfully,

Angus Jamieson

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Jamieson,

 

Information enquiry reference EIR-17-1440.

 

Thank you for your recent request for information, which we received on 09
October 2017.   

 

The scheduled date for our response to your request for information is on
or before 06 November 2017.

 

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

 

Yours sincerely,

 

Salomeh Kheyri Rad

Information Compliance Officer

 

 

Information Compliance Team
Customer Service
Corporate Governance
Aberdeen City Council
3rd Floor North

Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[1][Aberdeen City Council request email]

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

 

[2]www.aberdeencity.gov.uk

 

 

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.aberdeencity.gov.uk/

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Jamieson,

 

Thank you for your request for information, made under Section 1(1) of the
Freedom of Information (Scotland) Act (FOISA), and received on 9 October
2017.

 

We would like to ask you to clarify your request so that we can identify
and locate the information which you have requested. Under Section 1(3) of
the FOISA, we do not have to supply you with the requested information
until you have provided us with more detail in this respect.

 

Please also provide details of all internal emails and written reports
between the  Chief Executive and her office and Planning relating to the
Kingsford Stadium Application.

 

We would be extremely grateful if you could clarify the timeframe for this
question please? Are you interested in this information for during the
week beginning Monday 2 October 2017 also?

 

Clarifying these points will help us to be sure we are providing, where
possible, the information you are interested in.  Please note we will keep
your request on file for 20 working days whilst we await your
clarification.  It can often be helpful to discuss your request with a
member of our team who may be able to help you frame your request or
explain more about how ACC holds its information; if this is something you
feel may be helpful please do call us, and we will be happy to assist you.

 

We look forward to hearing from you.

 

Yours sincerely,

 

Grant Webster

Information Compliance Officer

 

 

Information Compliance Team

Customer Service

Corporate Governance
Aberdeen City Council
3rd Floor North

Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[1][Aberdeen City Council request email]

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[2]www.aberdeencity.gov.uk

 

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.aberdeencity.gov.uk/

Dear Foi Enquiries,

Yes, I am interested in information from the same timeframe: week beginning Monday 2 October 2017 also?

Yours sincerely,

Angus Jamieson

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Jamieson,

 

Information enquiry reference EIR-17-1440.

 

Many thanks for your recent clarification of your information request,
which we received on 18 October 2017. 

 

The scheduled date for our response to your request for information is on
or before 15 November 2017.

 

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

 

Yours sincerely,

 

Salomeh Kheyri Rad

Information Compliance Officer

 

 

Information Compliance Team
Customer Service
Corporate Governance
Aberdeen City Council
3rd Floor North

Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[1][Aberdeen City Council request email]

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

 

[2]www.aberdeencity.gov.uk

 

 

 

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.aberdeencity.gov.uk/

Foi Enquiries, Aberdeen City Council

4 Attachments

Dear Mr Jamieson,

 

Thank you for your information request of 18 October 2017.  Aberdeen City
Council (ACC) has completed the necessary search for the information
requested.

 

Please provide copies of all correspondence, notes, preparatory papers and
briefings, email and all other written materials relating to the meeting
between Angela Scott, Eric Owens and representatives of Aberdeen Football
club during the week beginning Monday 2nd October.

Please see attached.

 

This was an informal meeting held between the above parties and a
representative from Burness Paull LLP offices in Aberdeen from 10.30am on
3rd October 2017.   No agenda was produced and no minutes were taken. 

 

The purpose of the meeting was to inform the applicants of the status of
the application in the lead up to the publication of the report.  It was
noted that the report was still in the process of drafting, including
legal review so the discussion was undertaken on that basis.

 

Matters discussed covered the broad information submitted and assessed by
the Planning Authority as part of the assessment process and the drafting
of the report.  The draft recommendations of the Planning Authority also
were discussed with it being confirmed that these were still to be
finalised. 

 

After the meeting a number of telephone discussions took place with the
above, which lead to legal advice being sought on the matters raised.

 

Please note ACC also holds correspondence relating to the formulation of
the press statement issued following withdrawal of the application.
However, ACC feels that this information is excepted from release as it
contains internal discussions between officers about the proposed wording
of the press statement. ACC considers this information excepted from
release under Regulation 10(4)(e) – Internal Communications - of the EIRs.

 

ACC is unable to provide you with information on some internal
correspondence 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(4)(e) – Internal Communications - of the EIRs.

 

In making this decision ACC considered the following points:

 

The correspondence relates to internal discussions regarding a live
planning application that remains under consideration. The statements
contained within this communication could be interpreted in a number of
different ways. This presents a real risk of undue confusion, impacting on
the decision-making process. Release of this information at this time will
inhibit internal exchange of views that can be required when local
authorities are formulating a decision.

 

ACC also holds correspondence relating to legal advice provide by our
legal representatives which we also consider to be excepted from release
under Regulation 10(5)(d) – Confidentiality of Proceeding – of the EIRs.

 

ACC is unable to provide you with information on legal advice contained
within correspondence 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)(d) – Confidentiality of Proceedings - of the EIRs.

 

In making this decision ACC considered the following points:

 

The information held relates to correspondence from ACC’s legal department
to external Counsel. The confidentiality of proceedings is protected by
the common law of confidence which embraces the rules and principles
applying to legal professional privilege. Legal advice is an aspect of
this. The legal advice meets the necessary criteria:

 

-          The information is not generally accessible to the public; and

-          The information is not communicated in circumstances importing
an obligation of confidentiality in the nature of the relationship between
solicitor and client.

 

Disclosure of the requested information will harm the solicitor/Counsel
and client relationship and the importance placed on the duty of
confidentiality. The release of this information will reveal the content
of the advice received which was provided in the context of a professional
relationship with the Council. The regulatory and administrative functions
of ACC would be harmed by releasing this information and affect the
confidentiality of proceedings. Clients should be able to communicate
freely and frankly in communication with legal advisors in confidence and
this communication applies to Solicitor/Counsel relationships.

 

Whilst ACC considers that releasing the information would allow members of
the public to understand the mechanics behind a decision, we also consider
that releasing the information would be contrary to the strong public
interest in maintaining the right to confidentiality of communication
between legal advisor and clients on administration of justice grounds.
There is an inherent public interest in maintaining this confidentiality.

 

Please also provide details of all internal emails and written reports
between the  Chief Executive and her office and Planning relating to the
Kingsford Stadium Application during the week beginning Monday 2 October.

Please see attached.

 

Please note that any reference to agendas within the attached OCE
correspondence is in relation to a different meeting and not the one
referenced in Q1 above.

 

Please note that third party names and personal details, as well as the
names of ACC Officers who are below Head of Service level have been
redacted (blacked out) from the attached report. 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 Regulation 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, and the applicant is not the data subject.

 

ACC is of the opinion that Regulation 11(3)(a)(i) applies, as ACC
considers that disclosure of this information would be a breach of the
first Data Protection Principle (that personal information must be
processed fairly and lawfully) and second Data Protection Principle
(personal information must only be processed for a specific and lawful
purpose).  ACC Officers who are below Head of Service level and third
parties named within the attached document would not expect ACC to release
this information about them into the public domain under the EIRs (or the
Freedom of Information (Scotland) Act 2002 (FOISA)).

 

We hope this helps with your request.

 

Yours sincerely,

 

Grant Webster

Information Compliance Officer

 

INFORMATION ABOUT THE HANDLING OF YOUR REQUEST

 

As the information which you requested is environmental information, as
defined under Regulation 2(1) of the Environmental Information (Scotland)
Regulations 2004 (the EIRs), ACC considered that it was exempt from
release through FOISA, and must therefore give you notice that we are
refusing  your request under Section 39(2) of FOISA (Freedom of
Information (Scotland) Act 2002).  However, you have a separate right to
access the information which you have requested under Regulation 5 of the
EIRs, under which ACC has handled your request. Please refer to the
attached PDF for more information about your rights under the EIRs.

 

 

Information Compliance Team

Customer Service

Corporate Governance
Aberdeen City Council
3rd Floor North

Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[1][Aberdeen City Council request email]

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[2]www.aberdeencity.gov.uk

 

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.aberdeencity.gov.uk/

Dear Aberdeen City Council,

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

I am writing to request an internal review of Aberdeen City Council's handling of my FOI request 'Notes, Agenda and all documents relating to meeting meet with AFC executives'.

It is my view that information requested is of significant importance to the public to ensure this application is being processed according to law and the common good. I am aware of a number of documents which were sent from the planning authority to the applicant (in the prior processing of this application) which were not shared to the planning portal. It could be construed that ACC are withholding vital information relating to the formulation of their position. This information including the drafted positions communicated to the applicant and correspondence with AFC, and their agents must be made public to ensure the transparency of the process.

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

Yours faithfully,

Angus Jamieson

Foi Enquiries, Aberdeen City Council

Dear Mr Jamieson,

 

Thank you for your email  received on 20 December 2017 relating to the
information request EIR-17-1440 – Kingsford Stadium.  I would be grateful
if you could confirm why you would like Aberdeen City Council (ACC) to
undertake a review of its decision?

 

It is my view that information requested is of significant importance to
the public to ensure this application is being processed according to law
and the common good. I am aware of a number of documents which were sent
from the planning authority to the applicant (in the prior processing of
this application) which were not shared to the planning portal. It could
be construed that ACC are withholding vital information relating to the
formulation of their position.  This information including the drafted
positions communicated to the applicant and correspondence with AFC,  and
their agents must be made public to ensure the transparency of the
process.

 

Under FOI legislation, a review can only be held when an applicant is
dissatisfied with the response to their request and has provided a reason
for seeking review. The statement above seems to state dissatisfaction
with the planning process for this application and not specifically our
response to your request.

 

If you have a complaint about the planning process, you can contact our
Complaints team. They can be contacted at:

 

[1]https://www.aberdeencity.gov.uk/services...

 

I would also like to take this opportunity to advise you that you will
have no further opportunities to seek a review at local authority level
after your review response has been provided, as the Freedom of
Information (Scotland) Act 2002 (FOISA) allows applicants to have one
review only.  If you receive your response and disagree with any aspect of
it, you should contact the Office of the Scottish Information Commissioner
(OSIC) directly.  Please refer to the Further Information section below.

 

Yours sincerely

 

Grant Webster

Information Compliance Officer

 

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

[2]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.

 

 

Information Compliance Team

Customer Service

Corporate Governance
Aberdeen City Council
3rd Floor North

Business Hub 17
Marischal College
Broad Street
ABERDEEN AB10 1AQ

[3][Aberdeen City Council request email]

Tel 03000 200 292

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

[4]www.aberdeencity.gov.uk

 

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

We don't know whether the most recent response to this request contains information or not – if you are Angus Jamieson please sign in and let everyone know.