Dear Angus Council,
I am writing to make a new FOI request 'Operation of South Links Caravan Site Montrose 26/3/20 to 3/7/20'.
I refer to your replies of 28th and 29thJuly 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?
Gordon C Stalker
Dear Mr Stalker
Thank you for your information request dated 29 July 2020 (received by
Angus Council that same day).
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
If you have any queries, please ask for me on 01307 491752 or email
[Angus Council request email].
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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
[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
or by contacting:
Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9BS; Telephone - 01334 464610; Fax - 01334 464611;
Email - [email address]
Thank you for your reply. The 20 working day period runs out on 25th August 2020 and as I have already submitted a request about this matter further delay will not be possible.
Gordon C Stalker
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