Environmental Protection Act 1990 And EPA 1990 Part IIA Contaminated Land
Friday, 31 August 2018Question
We would like to (and hereby do) make an Information Request that we be provided with the following details in regards to Notices/Orders that have been issued by the Council under Section 80 of the Environmental Protection Act 1990 and S78 of the EPA 1990 Part IIA (Contaminated Land) during the period 16th June 2017 to 16th July 2018:
· Notices or Orders that remain extant
· Notices or Orders that have been complied with and have monies owed to the Council
· Notices or Orders that have invoices pending in respect of works carried out by or on behalf of the Council to resolve the matter
When answering in the negative to any of the above, we would be obliged if you would confirm that you are doing so.
Wherever possible we would be grateful if the information could be prepared to include the following:
•reference numbers.
•addresses of the subjects the actions are served over.
•summary descriptions of the nature of the works/contravention.
•relevant dates (served/complied).
•status of the action.
•amounts owed to the council (when available).
Answer
Names and addresses have been redacted on the basis that this is considered personal data within the meaning of the Data Protection Act 1998. Therefore the information is exempt from disclosure under section 38(1)(b) of Freedom of Information (Scotland) Act 2002.
In answer to your request, the Comhairle has served two notices under Section 80.
Reference number: CNES EH EPA 2017 01
Addresses of the subjects: REDACTED
Summary descriptions of nature: Keeping up to 16 horses around the dwelling house at REDACTED when there are only stabling facilities for four horses and the dwelling house is less than 20 metres from the nearest neighbouring properties.
Type of notice: Abatement Notice
Date served: 07/07/2017
Reason for notice: Section 80 Notice- Nuisance section 79(1)(f) of the Environmental Protection Act 1990
Amounts owed to the council (when available): No Monies outstanding
Reference number: CNES/EH/CF/04/001
Addresses of the subjects: REDACTED
Summary descriptions of nature: Accumulation of horse manure and stable waste
Type of notice: Abatement Notice
Date served: 13/01/2004
Reason for notice: Section 80 Notice- Nuisance section 79(1)(f) of the Environmental Protection Act 1990
Amounts owed to the council (when available): No Monies outstanding