FOI Review - Review of 101003283182 Proposed Extension 135 Morriston Road

Request 101003298056

Review of 101003283182  Proposed Extension 135 Morriston Road

With reference to the decision of The Moray Council not to provide information requested by me I would like The Moray Council to review its action and decisions to refuse my request for information under The Freedom of Information Act (Scotland) 2002.

Please note that the information requested by me will be made freely available and published on The Moray Council website by its Planning Department when it receives a planning application from the owner of the property at 135 Morriston Road  Elgin IV30 4NB.

Response 18-05-2023

Following your request for a review (below), a review into the Freedom of Information (FOI) Request - Proposed Extension 135 Morriston Road 101003283182 - was held on 15th May 2023. In attendance were the Information Governance Manager, Principal Building Standards Officer, Solicitor Licensing and Regulatory, and, Information Co-ordinator.

Your FOI Request from 27th March 2023 was discussed. In our original response we stated that the information was exempt under section 25 of the Freedom of Information (Scotland) Act 2002 (FOISA), information otherwise accessible. This still applies, as limited information is available under the link given http://www.moray.gov.uk/moray_standard/page_79421.html  We note that, since the time of your original request, additional information has been added to this portal.

We acknowledge that we could have been clearer in our original FOI response and should have stated that the exemption under Section 26 of FOISA: Prohibitions on Disclosure under an enactment, also applies. This exemption applies if legislation currently prohibits the disclosure of information by the Council and this takes precedence. Copies of information held by Building Standards is restricted to interested parties under section 58 of The Building (Procedure) (Scotland) Regulations 2004 and is therefore exempt under Section 26(a) of the Freedom of Information (Scotland) Act 2002 'Prohibitions on disclosure under an enactment'.