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Advice on freedom of information act

  • 23-08-2013 1:34pm
    #1
    qc3
    Registered Users Posts: 844 ✭✭✭


    Hopefully someone can help.
    We have had a container on our land for 5 years.
    Recently the council notified us that a complaint was made regarding the container. Because the container in not on our land for a minimum period of 7 years, they say that we will have to apply for retention at a considerable cost. Getting planning is not the issue. We believe that someone is trying to make problems for us.
    My question is, Is it possible for us to apply to the council under the freedom of imformation act to find out who the person is and if the person has real concerns about the container or someone causing problems.
    Thanks in advance.


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    qc3 wrote: »
    Hopefully someone can help.
    We have had a container on our land for 5 years.
    Recently the council notified us that a complaint was made regarding the container. Because the container in not on our land for a minimum period of 7 years, they say that we will have to apply for retention at a considerable cost. Getting planning is not the issue. We believe that someone is trying to make problems for us.
    My question is, Is it possible for us to apply to the council under the freedom of imformation act to find out who the person is and if the person has real concerns about the container or someone causing problems.
    Thanks in advance.

    We don't do legal advise. The practical answer is yes, the Council is susceptible to FOI requests once the criteria set out in the Act are met. The request would have to be specific relative to the Folio over which you exert proprietary rights, either actual or in trust.

    Hire a solicitor.


  • #3
    qc3
    Registered Users Posts: 844 ✭✭✭qc3


    Thanks for the reply Tom.
    Didn't mean for it to seem a legal question. I wasn't sure if we could go down the avenue.Now i know.
    Will seek legal advise on the FOU request.


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,495 ✭✭✭✭Victor


    Certainly, Dublin City Council's Planning Department say they will not divulge details of people who make complaints (assuming it is bona fide).

    Regardless, you seem to be in breach of your planning permission. You will need to sort it out. It probably won't be that expensive to either remove the container or seek planning permission.


  • #5
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #6
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Fred Swanson wrote: »
    This post has been deleted.

    The Authority will more than likely claim that they can refuse to disclose under section 26 as amended.


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  • #7
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #8
    Carawaystick
    Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    Access to information on the environment is also available and free to ask, unlike foi


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