Dear Aberdeenshire Council,
Please provide information from all reports, correspondence or communications relating to Gas Street, Oldmeldrum.
I am interested why no information or any letters about Gas Street being a core path was given to the property owners on Gas Street prior to adopting Gas Street as a core path.
Information during a meeting with councillors and council staff at the Oldmeldrum Academy on Monday 15 Feb. 2016 regarding the Core Path and Council Adoption of a small section of road approximately 200 meters West of Lower Cowgate.
Why has the Adoption of Gas Street from 1970's to date not been done as house owners have tried to fined the information with no understanding why
Thank you for your information request.
If you are making a request for information under FOI(S)A we will 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 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 within 5 working days of receipt.
If you are making a request for information under DPA we will respond
within the statutory timeframe of 40 calendar days, following receipt of
the necessary fee.
Aberdeenshire Information Enquiries
Dear Mr Dunne
Freedom of Information (Scotland) Act 2002 (“The Act”)
We refer to your request dated 28/09/2017, for information on Gas Street
We confirm that the Council holds the following information, which we
believe satisfies your request, and which is as below.
Please provide information from all reports, correspondence or
communications relating to Gas Street, Oldmeldrum. I am interested why no
information or any letters about Gas Street being a core path was given to
the property owners on Gas Street prior to adopting Gas Street as a core
path. Information during a meeting with councillors and council staff at
the Oldmeldrum Academy on Monday 15 Feb. 2016 regarding the Core Path and
Council Adoption of a small section of road approximately 200 meters West
of Lower Cowgate. Why has the Adoption of Gas Street from 1970's to date
not been done as house owners have tried to fined the information with no
We are not aware of any reports, correspondence or communications relating
specifically to the decision to identify Gas Street, Oldmeldrum in the
Core Path plan. The Land Reform (Scotland) Act 2003 made it a requirement
for Local Authorities to prepare a Core Path plan. The core path planning
process was broad, taking place across the whole of Aberdeenshire. The
initial maps of proposed core paths were built up from a variety of
sources including local knowledge, maps of Rights of Way and the knowledge
of Council Officers for example. There was no requirement in the Land
Reform (Scotland) Act to directly consult with all landowners on whose
land a core path was proposed. Public consultation on the proposed plan
did take place, principally in 2006 and 2008. Our website contains
information about the process that took place in producing the Core Path
plan. This information can be accessed at:
Regarding the meeting of 15^th February 2006 referred to in the request, I
have attached a note of the meeting produced by Officers.
Regarding the adoption of Gas Street, our Legal section previously
provided the response below.
Aberdeenshire Council’s Legal Team have reviewed the registered titles
that were provided by Land Registry Scotland in order to clarify
responsibilities and burdens associated with each property on Gas Street.
The Council is not liable as heritable proprietor, as it does not own any
part of the road or a property which utilises the road, and as a result
does not have an obligation within the Councils titles or by common law,
to maintain these roads. It is has been advised that the Council does not
have any responsibility from an ownership perspective with regards to Gas
It is the Council’s duty to maintain roads on the Statutory List of Public
Roads, however we have no legal obligation to maintain private roads.
Aberdeenshire council will formally adopt and take over the responsibility
for the upkeep of a private road if it is made up to the published
standard. Once the road is made up to the required standard it will be
added to the Statutory List of Public Roads.
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 attached.
Freedom of Information Co-ordinator
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:
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
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 Obar Dheathain.