Planning. COMP/2021/0431

The request was partially successful.

Gordon C Stalker

Dear Aberdeenshire Council,
Background.
I made a complaint in 2021. The advertisements I complained about are still in place.
I note the following comments from another person regarding planning application APP/2022/0366.
"There is no evidence of advertisement consent for any of the sign's advertising both the holiday park or the SUP boarding company operating on the holiday park which are located from A90 along B974 and along Landends.

A number of these planning breaches have been on site pre covid. Why is this applicant not subject to the same checks as other applicants? If we went ahead and added an extension without correct approval, we would be fined or issued with enforcement notices. What other breaches have been committed by this site owner?"

Freedom of Information.

My FOI request is therefore:
1) How many complaints have you received about the same advertisements, which do not have planning permission?
2) When were these complaints received?
3) When was enforcement action taken?
4) I have been informed that you have a permissive planning regime. Can you please advise what legislation permits this.

Yours faithfully,

Gordon C Stalker

Acknowledge email,

Dear Sir/Madam,

Thank you for your information request.

If you are making a request for information under FOI(S)A we will aim to
respond within the statutory timeframe of 20 working days.

If you are making a request for environmental information under EIRs we
will aim to respond within the statutory timeframe of 20 working days.
However, for requests of a complex nature it could take us up to 40
working days. If so we will write and tell you this.

If you are making a request for information under DPA/GDPR we will aim to
respond within the statutory timeframe of one month except in the case of
complex or numerous requests in which case this period may be extended by
up to a further two months. If so we will write and tell you this.

Information Requests Privacy Notice: [1]https://tinyurl.com/yac8kodc

Regards,
Aberdeenshire Information Enquiries

References

Visible links
1. https://tinyurl.com/yac8kodc

Gordon C Stalker

Dear Aberdeenshire Council,
I refer to my Freedom of Information Request entitled Planning COMP/2021/0431
You have not replied by 27th May 2022, which was the last date for reply.
Please provide the information requested.

Thank you

Gordon C Stalker

ISFOI, Aberdeenshire Council

Dear Mr Stalker,

 

Thank you for your e-mail dated 28^th May 2022. I have chased the Planning
service for a response and unfortunately there was a delay in receiving
the information, as there was an error on the service’s part. We sincerely
apologise for the lateness of your request and rest assured the Planning
service is chasing this up today and it is hoped the information will be
provided to you by the end of today.

 

Once again, sincere apologies for the lateness of the request.

 

 Yours Faithfully,

 

Freedom of Information Co-ordinator

Infrastructure Services

 

 

 

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This e-mail may contain privileged information intended solely for the use
of the individual to whom it is addressed. If you have received this
e-mail in error, please accept our apologies and notify the sender,
deleting the e-mail afterwards. Any views or opinions presented are solely
those of the e-mail's author and do not necessarily represent those of
Aberdeenshire Council.

Dh’fhaodadh fiosrachadh sochaire, a tha a-mhàin airson an neach gu bheil
am post-dealain air a chur, a bhith an seo. Ma tha thu air am post-dealain
fhaighinn mar mhearachd, gabh ar leisgeul agus cuir fios chun an neach a
chuir am post-dealain agus dubh às am post-dealain an dèidh sin. ’S e
beachdan an neach a chuir am post-dealain a tha ann an gin sam bith a
thèid a chur an cèill agus chan eil e a’ ciallachadh gu bheil iad a’
riochdachadh beachdan Chomhairle Shiorrachd Obar Dheathain.

www.aberdeenshire.gov.uk

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ISFOI, Aberdeenshire Council

Dear Gordon Stalker

Freedom of Information (Scotland) Act 2002 (“The Act”)

Aberdeenshire Council refer to your request dated 28/04/2022  for the
following information on Planning Application APP/2022/0366 - Information
in relation to Planning application above (previous complaint logged under
Planning COMP/2021/0431). 

Aberdeenshire Council holds the following information, which we believe
satisfies your request, and which is as noted below.

1) How many complaints have you received about the same advertisements,
which do not have planning permission?

 

Aberdeenshire Council Planning Enforcement Team have one complaint in
respect of the advertisements detailed in your request. Comp/2021/0194
refers.

2) When were these complaints received?

 

14^th June 2021

3) When was enforcement action taken?

 

To date, no formal enforcement action has been taken. 

 

All Planning Enforcement action in Scotland is discretionary and must be
considered against tests of wider public interest and fairness. The
purpose of planning enforcement is to resolve the problem rather than to
punish the mistake. In addition, any action taken has to be appropriate to
the scale and nature of the breach of planning control and the seriousness
of the harm caused as a consequence. In this case, the subject of the
complaint has submitted a planning application to the Planning Authority
which is currently being considered.  APP/2022/0366 refers.

4) I have been informed that you have a permissive planning regime. Can
you please advise what legislation permits this.

 

Planning legislation is governed by the Town and Country Planning
(Scotland) Act 1997

Please contact me as the officer responsible for responding to your
request if you have any further queries.

If, for any reason, you are not satisfied with this response, please refer
to the further information below.

 

Yours faithfully

 

Freedom of Information Co-ordinator
Infrastructure Services

 

Further Information:
Aberdeenshire Council’s Review Procedure under the Freedom of Information
(Scotland) Act 2002 and the Environmental Information (Scotland)
Regulations 2004 can be accessed at the following link:

[1]http://www.aberdeenshire.gov.uk/council-...

══════════════════════════════════════════════════════════════════════════

This e-mail may contain privileged information intended solely for the use
of the individual to whom it is addressed. If you have received this
e-mail in error, please accept our apologies and notify the sender,
deleting the e-mail afterwards. Any views or opinions presented are solely
those of the e-mail's author and do not necessarily represent those of
Aberdeenshire Council.

Dh’fhaodadh fiosrachadh sochaire, a tha a-mhàin airson an neach gu bheil
am post-dealain air a chur, a bhith an seo. Ma tha thu air am post-dealain
fhaighinn mar mhearachd, gabh ar leisgeul agus cuir fios chun an neach a
chuir am post-dealain agus dubh às am post-dealain an dèidh sin. ’S e
beachdan an neach a chuir am post-dealain a tha ann an gin sam bith a
thèid a chur an cèill agus chan eil e a’ ciallachadh gu bheil iad a’
riochdachadh beachdan Chomhairle Shiorrachd Obar Dheathain.

www.aberdeenshire.gov.uk

══════════════════════════════════════════════════════════════════════════

References

Visible links
1. http://www.aberdeenshire.gov.uk/council-...

Gordon C Stalker

Dear Aberdeenshire Council,

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

I am writing to request an internal review of Aberdeenshire Council's handling of my FOI request 'Planning. COMP/2021/0431'.

1. You did not reply within the period stated by law.

2. You allege that I am the only person complaining about advertising signs. if you read the objections regarding planning applications for Royal Arch Riverside Park this is not the case.

3. Not only have you failed to reply within legally defined time limits you have also provided false information.

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

Yours faithfully,

Gordon C Stalker

FOI Reviews, Aberdeenshire Council

Dear Gordon Stalker

FREEDOM OF INFORMATION REVIEW REQUEST

 

I write to acknowledge receipt of your email dated 5 June, 2022 requesting
a review of the Council’s response to your request for information
relating to the above matter.

 

The Council’s Internal Review Procedure provides for a Review Panel of
senior officers to consider written submissions from both sides.  If there
is anything more you wish to put before the Review Panel in addition to
the comments in your review request, please let me have that as soon as
possible and by no later than 17 June, 2022.  You are entitled to have the
decision of the Review Panel sent to you within 20 working days of my
receipt of your email.  That means my reply with the decision of the
Review Panel has to be sent by 4 July, 2022.

 

Yours sincerely

 

 

 

Clerk to Review Panel

══════════════════════════════════════════════════════════════════════════

This e-mail may contain privileged information intended solely for the use
of the individual to whom it is addressed. If you have received this
e-mail in error, please accept our apologies and notify the sender,
deleting the e-mail afterwards. Any views or opinions presented are solely
those of the e-mail's author and do not necessarily represent those of
Aberdeenshire Council.

Dh’fhaodadh fiosrachadh sochaire, a tha a-mhàin airson an neach gu bheil
am post-dealain air a chur, a bhith an seo. Ma tha thu air am post-dealain
fhaighinn mar mhearachd, gabh ar leisgeul agus cuir fios chun an neach a
chuir am post-dealain agus dubh às am post-dealain an dèidh sin. ’S e
beachdan an neach a chuir am post-dealain a tha ann an gin sam bith a
thèid a chur an cèill agus chan eil e a’ ciallachadh gu bheil iad a’
riochdachadh beachdan Chomhairle Shiorrachd Obar Dheathain.

www.aberdeenshire.gov.uk

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FOI Reviews, Aberdeenshire Council

2 Attachments

Dear Gordon Stalker

 

FREEDOM OF INFORMATION REVIEW REQUEST

 

I refer to my e-mail of 10 June, 2022, in connection with the above matter
and now write to advise you of the decision of the Freedom of Information
Review Panel relating to your request for information.

 

The Review Panel found in your favour and I attach the Decision Notice
from the Panel and the Statement of Reasons, which includes the additional
information which the Panel instructed that you be given.

 

I trust that this will be of assistance to you.

 

Yours sincerely

 

 

 

 

 

 

Clerk to Review Panel

 

Enc

 

══════════════════════════════════════════════════════════════════════════

This e-mail may contain privileged information intended solely for the use
of the individual to whom it is addressed. If you have received this
e-mail in error, please accept our apologies and notify the sender,
deleting the e-mail afterwards. Any views or opinions presented are solely
those of the e-mail's author and do not necessarily represent those of
Aberdeenshire Council.

Dh’fhaodadh fiosrachadh sochaire, a tha a-mhàin airson an neach gu bheil
am post-dealain air a chur, a bhith an seo. Ma tha thu air am post-dealain
fhaighinn mar mhearachd, gabh ar leisgeul agus cuir fios chun an neach a
chuir am post-dealain agus dubh às am post-dealain an dèidh sin. ’S e
beachdan an neach a chuir am post-dealain a tha ann an gin sam bith a
thèid a chur an cèill agus chan eil e a’ ciallachadh gu bheil iad a’
riochdachadh beachdan Chomhairle Shiorrachd Obar Dheathain.

www.aberdeenshire.gov.uk

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