Environmental Protection Act 1990 - Freedom of information requests
Title or Description
Environmental Protection Act 1990
FOI Number
21
Date Received
10/01/2022
Type of Request
FOI
Request or Question
We would like to (and hereby do) make an Information Request that we be provided with all information collected by you pursuant to your statutory duty under Sections 78B, 78E of Environmental Protection Act 1990 Part IIA and Section 80 of Environmental Protection Act 1990for all Notices/Orders that:(1) Have been Served,(2) remain extant, (That is to say have been served but are not considered Complied with)
(3) Have been Complied with (Where there are no works left to be carried out)
(4) Have been Complied with but have invoices pending in respect of works carried out by or on behalf of your council,
During the dates 1st July 2021 to the 10th January 2022 which information would form part of any PEC issued by the Council were one to be issued.
We would draw the Council's attention to the Scottish Information Commissioner's "Guidance on validity of requests" and in particular the guidance for public authorities contained in paragraph 3.
We would also draw your attention to the provisions of Section 1 of the Act and to the Regulations.
Pursuant to Section 11 of the Act, we would prefer the information in electronic form, failing which in hard copy.
In so far as any of the requested information contains personal data, the disclosure of which is exempted under Section 38 of the Act, we request that the information be provided with the personal data redacted.
If there is no information falling within the scope of this Information request, please advise us accordingly.
Please quote the reference Environmental Protection in your reply.
Response
3 EPA 1990 Section 80 notices notices remain extant:
-Deans Bar, 3 Orrock Place, Hawick, TD9 0HQ. Ref 16/02575/NOICOE. Notice served 21st December 2017 in relation to noise nuisance from voices and electrically amplified music after 11pm. The timescale given to comply with the notice was to ensure inaudibility of voices/amplified music after 11pm by the 31st of March 2018. The notice remains in place while investigations are ongoing.
-Bankhead House, Bankhead South, Jedburgh, TD8 6ED. Ref 18/001164/NOIDOG. Notice served 30 August 2018 in relation to persistent barking of dogs. The timescale given to resolve the matter/abate the nuisance by 1st November 2018. The case is currently pending a court hearing.
Notice below has been complied with.
- 14/3 Havelock Street, Hawick, TD9 7BB in relation to accumulation of refuse. 21/00162/ACCUM. Notice served 7th May 2021 and to abate by 12th May. At present notice complied with.
- 1A Paxton Terrace, Eyemouth, TD14 5EL. 2 separate notices relating to a leaking over flow pipe and damaged waste water pipe. 21/00925/DRAINS and 21/00925/DRAINS . Notices served 11th June 2021 and 8th July 2021.
In respect of all notices under the aforementioned legislation:
-no monies owed to the council or invoicing pending in respective of works.
-PEC, not issued EH
