Traill Pavilion Traill Drive Montrose

Gordon C Stalker made this Freedom of Information request to Angus Council

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

The request was refused by Angus Council.

Gordon C Stalker

Dear Angus Council,
It is widely reported that you have agreed to sell the above asset, which was donated to the people of Montrose in 1913, to a private buyer. I am unable to find the Minutes of the Angus Council meeting on your website where this decision was voted on. This meeting may have taken place on 14th June 2018.
Under FOI legislation please provide the minutes of the meeting, where this was decided on along with names of councillors who voted for, against or abstained from voting.

Yours faithfully,

Gordon C Stalker

LEGDEM, Angus Council

Dear Mr Stalker

Thank you for your information request dated 17 June 2018 (received by Angus Council 18 June 2018).

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 476234 or email [email address]

Yours sincerely
Brenda Angus
_______________________________________________________________________________
Brenda Angus | Clerical Officer | Place | Legal & Democratic | Angus Council | Angus House | Orchardbank Business Park | Forfar | DD8 1AN | Tel: 01307 476234 |DX 530678 FORFAR|Email: [email address] ; [email address]

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 [email address] 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

AngusBM,

Dear Mr Stalker

 

Request for Information

 

Thank you for your request for information dated  17 June 2018 (received
by the Council on 18 June 2018) which has been passed to me for
attention. 

 

You have requested the following information:

 

It is widely reported that you have agreed to sell the above asset, which
was donated to the people of Montrose in 1913, to a private buyer. I am
unable to find the Minutes of the Angus Council meeting on your website
where this decision was voted on. This meeting may have taken place on
14th June 2018.

Under FOI legislation please provide the minutes of the meeting, where
this was decided on along with names of councillors who voted for, against
or abstained from voting.

 

The minute of this meeting will not be published until September 2018. 
 The item was dealt with in private, so I am not in a position to give any
more information. What I can confirm was all members of the Council were
present and there was no vote(or division) on this matter. 

 

I hope that this information is of some help to you. Please note that the
information contained in this reply is believed to be accurate as of
today's 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 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 476234 or e-mail [1][email address]     

 

Yours sincerely,

Brenda Angus

_______________________________________________________________________________

Brenda Angus | Clerical Officer | Place | Legal & Democratic | Angus
Council | Angus House | Orchardbank Business Park | Forfar | DD8 1AN |
Tel: 01307 476234 |DX 530678 FORFAR|Email: [2][email address] ;
[3][email address]

 

show quoted sections

Gordon C Stalker

Dear AngusBM,
Regarding sale of Traill Pavilion, Traill Drive, Montrose.
I note you have refused my FOI request for information, which you possess.
You have not given a reason for your refusal and you are being deliberately obstructive, which is a criminal offence.
I request an Internal Review of the reason for your refusal. This will be followed by a complaint at a higher level to a Member of the Scottish Parliament.

Yours sincerely,

Gordon C Stalker

I am currently out of the office until WEDNESDAY 11 JULY 2018 and will
respond to you if necessary on my return.  If your message is urgent
please email Cath Bowman - [email address] or Martin Friedrich
[email address]

 

MY E-MAILS ARE NOT BEING FORWARDED.

If you are making a request for information of any kind, please redirect
your e-mail to [email address]

 

 

This message is strictly confidential. If you have received this in error,
please inform the sender and remove it from your system. If received in
error you may not copy, print, forward or use it or any attachment in any
way. This message is not capable of creating a legal contract or a binding
representation and does not represent the views of Angus Council. Emails
may be monitored for security and network management reasons. Messages
containing inappropriate content may be intercepted. Angus Council does
not accept any liability for any harm that may be caused to the recipient
system or data on it by this message or any attachment.

FriedrichM,

Dear Mr Stalker

 

I refer to your undernoted email dated 10 July 2018 (received by the
council on 11 July 2018) requesting a review of the council’s decision
dated 4 July 2018.  Before I refer this matter to the council’s Review
Panel I thought I should clarify the council’s response.

 

The council has advised you that the minute of the meeting is not
available yet as it has not been finalised.  It is anticipated that it
will be made publicly available on the Council’s website in early
September 2018. Accordingly, at this point this information is exempt from
release under Section 27(1) of the Freedom of Information (Scotland) Act
2002 but will be routinely published within 12 weeks of the date of your
request.  We have taken the view that it is reasonable in all the
circumstances that the minute be withheld from disclosure until that time
and that on balance it is in the public interest to do so.

 

In order to be more helpful to you at this stage and in response to the
last part of your request, we also advised you that at the meeting all
members of the Council were present and that there was no vote (or
division) on this matter.  In addition, I can assure you that the council
will make as much information available as is permitted.

 

I hope this explains the issue.  I apologise that this was not made
clearer at the time the response was issued to you. 

 

If you have any queries or if you remain unhappy about how your request
has been dealt with, please contact me on 01307 476246 or e-mail
[1][email address]

 

Yours sincerely

 

Martin Friedrich

 

 

 

 

 

show quoted sections

Dear FriedrichM,
I refer to my FOI request of 14th June 2018 regarding the sale of Traill Pavilion, Montrose.
The minutes of the Angus Council meeting of the same date i.e. Agenda Item No 11, Report No 194/18 are still marked "This report contains exempt information as defined in Part 1 of Schedule 7A to the Local Government (Scotland) Act, 1973 and is therefore not for publication".
You previously advised that minutes of this meeting would be available in "early September".
Can you please provide these minutes and note that the correct spelling is Traill (sic) and Pavilion.

Yours sincerely,

Gordon C Stalker

[Subject only] Automatic reply: FOI Request 556/18: Traill Pavilion Traill Drive Montrose

show quoted sections

Dear Angus Council,

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

I am writing to request an internal review of Angus Council's handling of my FOI request 'Traill Pavilion Traill Drive Montrose', dated 17 June 2018.
Minutes of Angus Council meeting on 14 June 2018, Agenda Item No 11, Report No 194/18 are still marked as exempt information. I was previously advised they would be available in "early September".

I therefore request an internal review which is a pre-requisite before I can submit a formal complaint to the Information Commissioner's Office (ICO).

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

Yours faithfully,

Gordon C Stalker

Dear Mr Stalker

 

I refer to your request for review dated 10 September 2018 (received by
the council that same day).  I have been advised that the Minute of the
Angus Council meeting on 14 June 2018 was made available on 3 September
at the following hyperlink:
[1]https://www.angus.gov.uk/committees/angu...
This contains all the information that can be made available to you at
this point.

 

I understand that your email of 10 September 2018 seems to widen your
request beyond the minutes you originally requested to the underlying
report [2]194/18.  As you have noted this report is exempted from
publication in terms of Part 1 of Schedule 7A to the Local Government
(Scotland) Act 1973.  Although not requested by you in your initial
request, I should explain that any further information regarding the land
transaction, if requested, would be exempt from release in terms of
Section 33(1)(b) of the Freedom of Information (Scotland) Act 2002.  This
relates to information which, if disclosed, could substantially prejudice
the commercial interests of any person.  In this instance, we would
consider that disclosing further details could substantially prejudice the
commercial interests of the Council, particularly our ability to negotiate
agreements which provide income for the public purse or common good.

 

However, I can advise that once the transaction has been registered
information as to the owner and the price is available through
[3]Registers of Scotland.

 

I am sorry that I cannot be more helpful to you in this instance.  I would
be grateful if you could advise if you still wish to proceed with your
request for review.  However, in this case could you clearly specify the
reason why you remain dissatisfied.

 

Yours sincerely

 

Martin Friedrich

 

 

___________________________________________

Martin Friedrich | Paralegal-FOI | Place - Legal & Democratic| Angus
Council |Angus House | Orchardbank Business Park | Forfar | DD8 1AN | DX
530678| Tel: 01307 476246

 

 

show quoted sections

Dear FriedrichM,
I understand the purchaser is Norman Braes of the Hillside Hotel and the price was offers over £0.

Yours sincerely,

Gordon C Stalker

FriedrichM,

[Subject only] Automatic reply: FOI Request 556/18: Traill Pavilion Traill Drive Montrose

show quoted sections

FriedrichM,

Dear Mr Stalker

 

I refer to your undernoted email following up on your recent request for
information.  I have been advised that the sale of the property has not
been finalised and for this reason I would confirm my previous email dated
21 September 2018.  Full details will become available as soon as the
transaction has been registered.

 

Yours sincerely

 

Martin Friedrich

 

 

___________________________________________

Martin Friedrich | Paralegal-FOI | Place - Legal & Democratic| Angus
Council |Angus House | Orchardbank Business Park | Forfar | DD8 1AN | DX
530678| Tel: 01307 476246

 

show quoted sections