- 18 Mar 2019
Date received: 11 Feb 2019
Date responded: 11 Mar 2019
Please tell me how many land tribunal appeals there have been to date.
For each such claim please state:
1. The nature of the circumstances giving rise to the claim.
2. The geographical area soon.
3. The date it was made and whether it has been resolved, still outstanding or cisted.
4. The sum sought.
5. The sum paid out (if any).
We have received 98 applications from the Lands Tribunal for Scotland in relation to the AWPR. 92 of the applicants have requested that their application be immediately sisted pending further negotiations.
While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exception(s) under regulation(s) 11(2) of the EIRs applies to that information.
An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.
On this basis I am unable to provide details of individual compensation claims however I have responded on a collective basis in the same number format as the points you have raised.
The applications received arise from a dispute in the amount of compensation due as a consequence of the AWPR Compulsory Purchase Orders (CPOs). Given the AWPR was not fully open to traffic at the time, the majority of applications received are of a protective nature to ensure the claimants are not time barred from referring their claim to the Lands Tribunal for Scotland for determination.
The 98 applications received from the Lands Tribunal for Scotland all relate to land in Aberdeen City or Aberdeenshire as contained within the AWPR CPO’s which can be viewed at the following link:
The 98 applications were all received prior to 11 January 2019. All 98 applications are still outstanding with 92 of the applications sisted on receipt to allow further negotiations to take place.
Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which is does not have. The Scottish Government does not have the information you have requested as we do not hold the total figure for the amount of land compensation claimed across the scheme. The majority of the claims received from land agents do not contain a figure of how much is claimed as this is something they discuss with the District Valuer appointed to review their claim.
This exception is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in information about the amount of land compensation claims we cannot provide information which we do not hold.
£12.1 million has been paid in advance payments on the 98 applications lodged at the Lands Tribunal for Scotland for the AWPR.
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrews House