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Property and Assets and Buildings

Viran Patel made this Freedom of Information request to Aberdeen City Council as part of a batch sent to 500 authorities

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

We're waiting for Viran Patel to read recent responses and update the status.

Dear Organisation,

I would like to know a full list of Vacant Properties held by your organisation and any of its subsidiaries.

If possible their market value for sale or to let, whether they would be considered for a community asset transfer, if not then whether they are for sale or to let. In a clear and easy to read format. It would be supportive if the property is for sale or to let that it is listed on here too: https://e-pims.cabinetoffice.gov.uk/gove... and that you inform us of this intention or such listing in the request.

In the previous case in Voyias v IC and LB Camden (EA/201v1/0007), the requesters asked for substantially similar information, and the judge favoured disclosure. I appreciate the circumstances here are quite different, but the same principles should apply.

I understand there is a risk that your empty properties would be targeted by squatters should this the list of empty properties be public, but this is a very slim risk. The prejudice to law enforcement should be real, likely and substantial, as per Hogan v the ICO and Oxford City Council. I can assure you that my request is not sent in order to cause trouble for the authority, it is predominantly for my own research, with publication as part of campaigning materials. I am concerned at the sale of public assets, not a not an advocate for their illegal occupation. I would also say that I cannot imagine the disclosure of this list of properties to significantly affect a squatting problem that pre-existed my interest in the organisation. Overall the prejudice to law enforcement is very slim, and not severe. Since 12 months will be the time that this information will be released onto this site, unless others request this information separately. The requester is not liable for any issues that may arise in between or after.

It is in the public interest and transparency that this information is made publicly available under the public sector duty under the equality act allowing people to know of this information and make use of it under the Community Asset Transfer scheme and under the Human Rights Act Article 11 enabling the community to gather and make decisions on the allocation of such assets.

Yours faithfully,

Viran Patel

Foi Enquiries, Aberdeen City Council

1 Attachment

Dear Mr Patel,

 

Information enquiry reference EIR-18-1140

 

Thank you for your recent request for information, which we received on 30
July 2018.   

 

The scheduled date for our response to your request for information is on
or before 28 August 2018.

 

Please do not hesitate to contact us should you have any queries in the
meantime.

 

Yours sincerely,

 

 

Salomeh Kheyri Rad
Information Compliance Officer

Information Compliance Team | Customer Feedback | Customer Experience

Aberdeen City Council,  Business Hub 17, 3rd Floor North, Marischal
College,

Broad Street, Aberdeen, AB10 1AB
Tel 03000 200 292

Email [1][Aberdeen City Council request email]

[2]www.aberdeencity.gov.uk

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

 

 

 

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. mailto:[Aberdeen City Council request email]
2. http://www.aberdeencity.gov.uk/

Foi Enquiries, Aberdeen City Council

Dear Mr Patel

 

Please accept our sincerest apologies that ACC has failed to respond to
your information request within the statutory 20 working days. 

 

ACC is endeavouring to ensure you receive a response within the next 5
working days, but would like to take this opportunity to advise you that,
as ACC has missed the statutory deadline for responding, you are entitled
to request a review.  More information about requesting a review is
included in the Further Information section, below.

 

Yours sincerely,

 

Anna Buchan

Information Compliance Officer

 

FURTHER INFORMATION

 

If ACC has failed to respond to your information request within the
statutory 20 working days you can submit a complaint or request a review
of our response. You should do this within 40 working days after receipt
of this information. To complain or request a review, please write to:

 

Information Compliance Team
Customer Feedback
Corporate Experience
Aberdeen City Council
3^rd Floor North

Business Hub 17

Marischal College
Broad Street
ABERDEEN AB10 1AQ

Email: [1][Aberdeen City Council request email]

Your request for review must include your name, an address, and your
reason(s) for requesting a review. You should also include the reference
number for your original request for information.

               

If you are not satisfied with the outcome of your request for review, you
can apply directly to the Office of the Scottish Information Commissioner
(OSIC) for a decision. Generally, OSIC cannot make a decision unless you
have been through the Council’s review procedure. The Scottish Information
Commissioner can be contacted at:

 

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

[2]www.itspublicknowledge.info

 

Should you wish to appeal against the Scottish Information Commissioner's
decision, there is an appeal to the Court of Session on a point of law
only. Any such appeal must be made within 42 days after the date of the
decision has been issued.

 

Information Compliance Team | Customer Feedback|Customer Experience
Aberdeen City Council, Business Hub 17, 3^rd Floor North, Marischal
College, Broad Street, Aberdeen, AB10 1AQ
Tel 03000 200 292
Email [3][Aberdeen City Council request email]

[4]www.aberdeencity.gov.uk

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

 

 

 

 

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. mailto:[Aberdeen City Council request email]
2. http://www.itspublicknowledge.info/
3. mailto:[Aberdeen City Council request email]
4. http://www.aberdeencity.gov.uk/

Foi Enquiries, Aberdeen City Council

4 Attachments

Dear Mr Patel

 

Please accept our sincerest apologies for the delay in responding to your
information request of 29 July 2018.  Aberdeen City Council (ACC) has
completed the necessary search for the information requested.

 

I would like to know a full list of Vacant Properties held by your
organisation and any of its subsidiaries.

 

If possible their market value for sale or to let, whether they would be
considered for a community asset transfer, if not then whether they are
for sale or to let.

Please refer to the following attached lists:

 

EIR-18-1140 – Investment Portfolio

EIR-18-1140 – Former Operational

EIR-18-1140 - Surplus

 

Market values where available are shown on the Council’s webpage:-
[1]https://www.aberdeencity.gov.uk/services...

 

Assets that are currently advertised for sale on the open market will not
be considered for community asset transfer. In line with the Community
Empowerment Act, the Council is required to consider any other requests
for a transfer of an asset.

 

As information on market values where available is otherwise accessible on
the ACC website at the above web link, it is exempt from disclosure. In
order to comply with its obligations under the terms of Regulation 13 of
the EIRs, ACC hereby gives notice that we are refusing this part of your
request under the terms of Regulation 6(1)(b) - Information Already
Publicly Available - of the EIRs.

 

It would be supportive if the property is for sale or to let that it is
listed on here too:
[2]https://e-pims.cabinetoffice.gov.uk/gove...

 

Please inform us of this intention or such listing in the request.

The Council has been inputting data into the e-pims system for a number of
years.  Vacant Council assets are not appearing on the e-pims system as
anticipated and this is currently being investigated.  Regular updates of
properties for sale and lease are carried out on the Council’s webpage
(please see the link above). It is recommended that it be used in the
first instance for property searches.

 

We hope this helps with your request.

 

Yours sincerely,

 

Anna Buchan

Information Compliance Officer

 

INFORMATION ABOUT THE HANDLING OF YOUR REQUEST

 

As the information which you requested is environmental information, as
defined under Regulation 2(1) of the Environmental Information (Scotland)
Regulations 2004 (the EIRs), ACC considered that it was exempt from
release through FOISA, and must therefore give you notice that we are
refusing your request under Section 39(2) of FOISA (Freedom of Information
(Scotland) Act 2002). However, you have a separate right to access the
information which you have requested under Regulation 5 of the EIRs, under
which ACC has handled your request. Please refer to the attached PDF for
more information about your rights under the EIRs.

 

Information Compliance Team | Customer Feedback|Customer Experience
Aberdeen City Council, Business Hub 17, 3^rd Floor North, Marischal
College, Broad Street, Aberdeen, AB10 1AQ
Tel 03000 200 292
Email [3][Aberdeen City Council request email]

[4]www.aberdeencity.gov.uk

 

*03000 numbers are free to call if you have ‘free minutes’ included in
your mobile call plan.

Calls from BT landlines will be charged at the local call rate of 10.24p
per minute (the same as 01224s).

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. https://www.aberdeencity.gov.uk/services...
2. https://e-pims.cabinetoffice.gov.uk/gove...
3. mailto:[Aberdeen City Council request email]
4. http://www.aberdeencity.gov.uk/

We don't know whether the most recent response to this request contains information or not – if you are Viran Patel please sign in and let everyone know.