Operation of South Links Caravan Site Montrose 26/3/20 to 3/7/20

The request was successful.

Gordon C Stalker

Dear Angus Council,
You are the operator of the above site, which is non-residential and all owners must provide an address elsewhere. on which they pay Council Tax.
During the period 26/3/20 to 3/7/20, when the above site was closed under the Coronavirus Bill of 26/3/20 can you please advise how many persons stayed overnight on your site for each night during this period and how many of these were essential or key workers each night.
Can you also please provide a summary of the category of essential or key workers such as NHS, energy, transport and food distribution.
If non essential or non key workers have been staying overnight on your site during the period 26/3/20 to 3/7/20 can you please advise why you have been unable to enforce the Coronavirus Bill of 26/3/20.

Yours faithfully,

Gordon C Stalker

InformationGovernance, Angus Council

Dear Mr Stalker

 

Thank you for your information request dated 2 July 2020 (received by
Angus Council on 3 July 2020).

 

If we are unable to provide you with a response within 20 working days, we
will advise you of this in writing.

 

Please refer to the information below which explains your right to
complain if you are unhappy with how the Council is dealing with your
request.

 

If you have any queries, please ask for me on 01307 491752 or email
[1][Angus Council request email].

 

Yours sincerely

Brenda Angus 

 

 

Brenda Angus | Business Support Assistant | Angus Council | Tel: 01307
491752 | DX 530678 FORFAR | Email: [2][email address] or
[3][email address] |[4]www.angus.gov.uk

 

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FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

INSPIRE (SCOTLAND) REGULATIONS 2009

                                                             

Your Right to Request a Review by the Council

                                                               

If you are dissatisfied with the way in which Angus Council has dealt with
your request for information under any of the above statutory instruments,
you have a right to ask the council to review its actions and/or decisions
regarding your request. If you wish to do this, you should make your
request to the Director of Legal & Democratic Services, Angus Council,
Angus House, Orchardbank Business Park, Forfar DD8 1AN or e-mail
[5][Angus Council request email] within 40 working days.

 

Your request must:                      

·         be in writing (or recordable format);

·         give your name and address for correspondence;

·         give details of the information which you originally requested
from the council;  and

·         give the reasons why you are dissatisfied with the way in which
your application for information has been dealt with.

 

Your application for review will then be considered by the council’s
review panel.  The review panel will write to you informing you of its
decision not later than 20 working days after receipt of your request for
a review. The review panel will also provide you with a statement of its
reasons for arriving at the decision it has made.

 

Your Right to Appeal to the Scottish Information Commissioner

 

If you are dissatisfied with a decision of the council's review panel (or
where the review panel has not provided you with a response), you have the
right to apply to the Scottish Information Commissioner for a decision as
to whether your request for information has been dealt with by the council
in accordance with the above statutory instruments.

 

Your application to the Scottish Information Commissioner must:

o be in a recordable format (letter, e-mail, audio tape etc);

o give your name and address for correspondence.
o give details of the request for information which you originally
requested from the council;
o give details of why you were dissatisfied with the council’s response
to your original request;
o give details of why you were dissatisfied with the decision of the
council's review panel.

 

In the case of an EIR or FOI request your application to the Scottish
Information Commissioner must be made within 6 months of receipt of the
decision of the council’s review panel (or within 6 months of the date
that the review panel should have responded).  No such time limit applies
under the 2009 Regulations. 

 

Appeals to the Commissioner can be lodged online through the following
hyperlink:

[6]http://www.itspublicknowledge.info/YourR...
or by contacting:

 

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9BS; Telephone - 01334 464610; Fax - 01334 464611;
Email - [7][email address]

show quoted sections

KinmondG, Angus Council

2 Attachments

Dear Mr Stalker

 

Request for Information

 

Thank you for your request for information dated 2 July 2020 (received by
the Council on 3 July 2020) which has been passed to me for attention. 

 

You have requested the following information: 

 

 1. During the period 26/3/20 to 3/7/20, when the above site was closed
under the Coronavirus Bill of 26/3/20 can you please advise how many
persons stayed overnight on your site for each night during this
period and how many of these were essential or key workers each night.
 2. Can you also please provide a summary of the category of essential or
key workers such as NHS, energy, transport and food distribution.
 3. If non-essential or non-key workers have been staying overnight on
your site during the period 26/3/20 to 3/7/20 can you please advise
why you have been unable to enforce the Coronavirus Bill of 26/3/20.

 

Please find below the information you requested:

 

 1. During this time period there were 48 individuals on ‘lockdown’ at
South Links holiday Park. 
 2. We do not hold any information on the occupations of those resident at
South Links Holiday Park from 26 March to 3 July.
 3. For many of our home owners, South Links is their primary residence 11
months of the year and remained on site which was allowed under the
terms of the guidance. In addition, all Scottish Authorities
unanimously agreed that travellers should be supported during this
period, including access to basic services including toilets, fresh
water, bins and washing facilities. With a number of travellers on
site and in line with national guidance when the site closed those who
remained were all subject to lockdown restrictions.

 

In compiling responses to information requests we invariably use
information which is routinely published on the [1]Council’s website or
through its [2]Publication Scheme.  If you require further information
please first check that the information you want is not routinely
published as any such information is exempt from release in terms of
Section 25 of the Freedom of Information (Scotland) Act 2002 or Regulation
6(1)(b) of the Environmental Information (Scotland) Regulations 2004.

Please note that the information contained in this reply is believed to be
accurate as at todays date (unless otherwise indicated) but no warranty is
given.  Further, Angus Council does not accept liability for any loss,
injury or damage which arises from the use of the information contained in
this reply either by you or by any other party.  Please refer to the
information set out in the Appendix which explains your right to complain
if you are unhappy with how the Council has dealt with your request.

If you have any queries, please ask for me on 01307 473213 or e-mail
[3][email address].

 

Yours sincerely

 

 

 

Stewart Ball

Director of Communities

 

APPENDIX

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

INSPIRE (SCOTLAND) REGULATIONS 2009

Your Right to Request a Review by the Council

If you are dissatisfied with the way in which Angus Council has dealt with
your request for information under any of the above statutory instruments,
you have a right to ask the council to review its actions and/or decisions
regarding your request. If you wish to do this, you should make your
request to the Service Leader – Legal and Democratic, Place, Angus
Council, Angus House, Orchardbank Business Park, Forfar DD8 1AN or e-mail
[4][Angus Council request email] within 40 working days.

Your request must:

o be in writing (or recordable format);
o give your name and address for correspondence;
o give details of the information which you originally requested from
the council;  and
o give the reasons why you are dissatisfied with the way in which your
application for information has been dealt with.

Your application for review will then be considered by the council’s
review panel.  The review panel will write to you informing you of its
decision not later than 20 working days after receipt of your request for
a review. The review panel will also provide you with a statement of its
reasons for arriving at the decision it has made.

Your Right to Appeal to the Scottish Information Commissioner

If you are dissatisfied with a decision of the council's review panel (or
where the review panel has not provided you with a response), you have the
right to apply to the Scottish Information Commissioner for a decision as
to whether your request for information has been dealt with by the council
in accordance with the above statutory instruments.

Your application to the Scottish Information Commissioner must:

o be in a recordable format (letter, e-mail, audio tape etc);
o give your name and address for correspondence.
o give details of the request for information which you originally
requested from the council;
o give details of why you were dissatisfied with the council’s response
to your original request;
o give details of why you were dissatisfied with the decision of the
council's review panel.

In the case of an EIR or FOI request your application to the Scottish
Information Commissioner must be made within 6 months of receipt of the
decision of the council’s review panel (or within 6 months of the date
that the review panel should have responded).  No such time limit applies
under the 2009 Regulations. 

Appeals to the Commissioner can be lodged online through the following
hyperlink:

[5]http://www.itspublicknowledge.info/YourR...
or by contacting:

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9BS; Telephone - 01334 464610; Fax - 01334 464611;
Email - [6][email address])

 

 

 

This message is strictly confidential. If you have received this in error,
please inform the sender and remove it from your system. If received in
error you may not copy, print, forward or use it or any attachment in any
way. This message is not capable of creating a legal contract or a binding
representation and does not represent the views of Angus Council. Emails
may be monitored for security and network management reasons. Messages
containing inappropriate content may be intercepted. Angus Council does
not accept any liability for any harm that may be caused to the recipient
system or data on it by this message or any attachment.

References

Visible links
1. http://www.angus.gov.uk/
2. https://www.angus.gov.uk/council_and_dem...
3. mailto:[email address]
4. mailto:[Angus Council request email]
5. http://www.itspublicknowledge.info/YourR...
6. mailto:[email address]

Gordon C Stalker

Dear Angus Council,

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

I am writing to request an internal review of Angus Council's handling of my FOI request 'Operation of South Links Caravan Site Montrose 26/3/20 to 3/7/20'.

Thank you for your reply of 28th July 2020.
As a previous property owner at South Links Caravan Park I was advised by Angus Council that the site is non residential and as such all property owners are required to prove by Council Tax bill that they have a residence elsewhere 12 months per annum and not the one month you mention.
I would be grateful if you would clarify this and specify under what legislation owners are only required to be offsite for one month per annum, which could be on holiday etc but do not have to prove residence else where.
I also doubt you have the capability to monitor who is on or offsite for a month and thus you are breaking the rules of your own planning permission. How do you monitor this?

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

Yours faithfully,

Gordon C Stalker

FriedrichM, Angus Council

2 Attachments

Dear Mr Stalker

 

I refer to your undernoted email dated 28 July 2020.  On the basis of your
email I am unable to accept this as a valid request for review but would
be able to treat this in the current form as a new request for
information.

 

In terms of s 15 FOISA (help and advice to the applicant) I should explain
that a request for review can only relate to information that has
previously been requested.  You are now requesting additional information
about the underlying legislation etc.  This had not previously been
requested.

 

The second point you are asking about (“How do you monitor this?”) again
is not something you had previously asked for.

 

If you wish to modify either your request for review so that I can accept
it as such or wish to modify your new request before I will take it
further please contact me at [1][email address] .

 

In the meantime I refer you by way of further context to the following
Scottish Government link:

[2]https://www.gov.scot/news/campsites-and-...

 

I look forward to hearing from you.

 

Yours sincerely

 

Martin Friedrich

 

 

 

Martin Friedrich | Paralegal - FOI | Angus Council | Tel: 01307 491992 |
[3][email address] | [4]www.angus.gov.uk

 

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show quoted sections

KinmondG, Angus Council

2 Attachments

Dear Mr Stalker

 

Request for Information

 

Thank you for your request for information dated 29July 2020 (received by
the Council that same day) which has been passed to me for attention. 

 

You have requested the following information: 

 

As a previous property owner at South Links Caravan Park I was advised by
Angus Council that the site is non-residential and as such all property
owners are required to prove by Council Tax bill that they have a
residence elsewhere 12 months per annum and not the one month you mention.

I would be grateful if you would clarify this and specify under what
legislation owners are only required to be offsite for one month per
annum, which could be on holiday etc but do not have to prove residence
elsewhere.

I also doubt you have the capability to monitor who is on or offsite for a
month and thus you are breaking the rules of your own planning permission.
How do you monitor this?

 

Please be advised that all clients at South Links holiday park with static
units, sign an eleven month lease. Checks are carried out every year at
renewal to ensure they have an alternative address where they pay council
tax. The site is closed for the month of February as per the terms of our
licence and our staff living on site ensure no units are occupied during
this time.

 

In compiling responses to information requests we invariably use
information which is routinely published on the [1]Council’s website or
through its [2]Publication Scheme.  If you require further information
please first check that the information you want is not routinely
published as any such information is exempt from release in terms of
Section 25 of the Freedom of Information (Scotland) Act 2002 or Regulation
6(1)(b) of the Environmental Information (Scotland) Regulations 2004.

Please note that the information contained in this reply is believed to be
accurate as at todays date (unless otherwise indicated) but no warranty is
given.  Further, Angus Council does not accept liability for any loss,
injury or damage which arises from the use of the information contained in
this reply either by you or by any other party.  Please refer to the
information set out in the Appendix which explains your right to complain
if you are unhappy with how the Council has dealt with your request.

If you have any queries, please ask for me on 01307 473213 or e-mail
[3][email address].

 

Yours sincerely

 

 

 

Stewart Ball

Director of Communities

 

APPENDIX

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

INSPIRE (SCOTLAND) REGULATIONS 2009

Your Right to Request a Review by the Council

If you are dissatisfied with the way in which Angus Council has dealt with
your request for information under any of the above statutory instruments,
you have a right to ask the council to review its actions and/or decisions
regarding your request. If you wish to do this, you should make your
request to the Service Leader – Legal and Democratic, Place, Angus
Council, Angus House, Orchardbank Business Park, Forfar DD8 1AN or e-mail
[4][Angus Council request email] within 40 working days.

Your request must:

o be in writing (or recordable format);
o give your name and address for correspondence;
o give details of the information which you originally requested from
the council;  and
o give the reasons why you are dissatisfied with the way in which your
application for information has been dealt with.

Your application for review will then be considered by the council’s
review panel.  The review panel will write to you informing you of its
decision not later than 20 working days after receipt of your request for
a review. The review panel will also provide you with a statement of its
reasons for arriving at the decision it has made.

Your Right to Appeal to the Scottish Information Commissioner

If you are dissatisfied with a decision of the council's review panel (or
where the review panel has not provided you with a response), you have the
right to apply to the Scottish Information Commissioner for a decision as
to whether your request for information has been dealt with by the council
in accordance with the above statutory instruments.

Your application to the Scottish Information Commissioner must:

o be in a recordable format (letter, e-mail, audio tape etc);
o give your name and address for correspondence.
o give details of the request for information which you originally
requested from the council;
o give details of why you were dissatisfied with the council’s response
to your original request;
o give details of why you were dissatisfied with the decision of the
council's review panel.

In the case of an EIR or FOI request your application to the Scottish
Information Commissioner must be made within 6 months of receipt of the
decision of the council’s review panel (or within 6 months of the date
that the review panel should have responded).  No such time limit applies
under the 2009 Regulations. 

Appeals to the Commissioner can be lodged online through the following
hyperlink:

[5]http://www.itspublicknowledge.info/YourR...
or by contacting:

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9BS; Telephone - 01334 464610; Fax - 01334 464611;
Email - [6][email address])

 

 

 

This message is strictly confidential. If you have received this in error,
please inform the sender and remove it from your system. If received in
error you may not copy, print, forward or use it or any attachment in any
way. This message is not capable of creating a legal contract or a binding
representation and does not represent the views of Angus Council. Emails
may be monitored for security and network management reasons. Messages
containing inappropriate content may be intercepted. Angus Council does
not accept any liability for any harm that may be caused to the recipient
system or data on it by this message or any attachment.

References

Visible links
1. http://www.angus.gov.uk/
2. https://www.angus.gov.uk/council_and_dem...
3. mailto:[email address]
4. mailto:[Angus Council request email]
5. http://www.itspublicknowledge.info/YourR...
6. mailto:[email address]