Gordon C Stalker

Dear Angus Council,
The above planning application is listed as follows on the Angus Council website:
"Planning Application details not available.
This application is no longer available for viewing. It may have been removed or restricted from public viewing."
Can you please provide all documents relating to this planning application within 20 working days of receipt.
I note you have not replied within 20 working days to other FOI requests. I remind you that Angus Council can be fined by the Scottish Information Commissioner for persistent failure to deal with FOI requests in accordance with legislation.

Yours faithfully,

Gordon C Stalker

InformationGovernance, Angus Council

Dear Mr Stalker

Thank you for your information request dated Saturday 23 March (received by Angus Council on Monday 25 March 2019).

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 491808 or email [Angus Council request email]

Yours sincerely
Cath Bowman

Cath Bowman | Admin Assistant (Info Gov)| Place |Legal and Democratic| Angus Council | Angus House | Orchardbank |Forfar| DD8 1AN |Tel 01307 491808 | [email address] | [email address]

Could we have used Skype instead

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 & Democratic, Place Directorate, 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:
be in a recordable format (letter, e-mail, audio tape etc);
give your name and address for correspondence.
give details of the request for information which you originally requested from the council;
give details of why you were dissatisfied with the council’s response to your original request;
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:
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 - [email address]

show quoted sections

Gordon C Stalker

Dear InformationGovernance,
Can you please reply to my request received by you on 25 March 2019, which was due for reply on 24 April 2019.

Yours sincerely,

Gordon C Stalker

FriedrichM, Angus Council

Dear Mr Stalker

I refer to your undernoted follow-up message with regard to your recent request for information. I am sorry that the council has not been able to issue a response by the statutory deadline of 23 April 2019.

While I have not been able to speak to the officer who is dealing with your request I have emailed the service and reminded them that your request is overdue.

Please refer to the information set out below 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 contact me on 01307 491992 or e-mail [Angus Council request email]

Yours sincerely

Martin Friedrich

___________________________________________
Martin Friedrich | Paralegal-FOI | Legal & Democratic| Angus Council |Angus House | Orchardbank Business Park | Forfar | DD8 1AN | DX 530678

show quoted sections

CoweyKJ, Angus Council

8 Attachments

Dear Mr Stalker

 

Thank you for your request for information dated 23 March 2019 (received
by the Council on the 25 March 2019) which has been passed to me for
attention. I apologise for the delay in responding.

You have requested all documents relating to planning application
19/00215/LBC, as the application details were not available on the Angus
Council website.

The planning application has not yet been made “valid” by Angus Council.
This means that the application has not yet been accepted as being
complete and ready to process. The information submitted therefore does
not yet formally constitute a planning application, which is why the
information is not available on the Public Access system.

In any case, I attach all information submitted to date.

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 473259 or e-mail
[3][email address] .

 

Yours sincerely

 

Kate Cowey, Service Leader - Planning & Communities

Place Directorate, Angus Council, Angus House, Orchardbank Business Park,
Forfar, DD8 1AN

Tel: 01307 473259  [mobile number] Email: [4][email address]

 

[5]Angus Plan Email 2    
                 [6]cid:image001.png@01D464AA.ED5C63E0

 

 

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
[7][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:

[8]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 - [9][email address])

 

 

 

 

 

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