Request:
1. Going forward, do we require to keep submitting Freedom of Information Requests regarding this issue, as we are aware it is going to be an ongoing issue, or will we be informed if and when an application is submitted?
2. Is there any information on record which is available with regards to the construction of the sea oil base and the agreements that were made between the Crown Estate, P&O and the Ferryden people in the 1970’s, as it was agreed that it would come no further than the pier and that the small boats of Ferryden would have a safe haven at the pier, which belongs to the people of Ferryden.
3. For such an application is it only the permission of the Crown Estate Scotland that the harbour board must seek before construction begins and during the time of seeking permission does this give people the chance to voice concerns and submit objections?
4. Could you also advise of the environmental impact caused.
5. I am now in possession of letters of objection, can you please advise on the best way to present these for maximum impact.
Response:
1. Applications for seabed agreements are not routinely advertised, the routes by which members of the public are consulted are through the statutory planning and marine consents processes. These statutory processes are the responsibility of the Local Authority and Marine Scotland, as appropriate. The best way of keeping informed is to maintain contact with the Port Authority.
You can still send requests for information to Crown Estate Scotland, and if you look at the Scottish Information Commissioner’s website, you review a list of all the public authorities that are subject to FOISA (http://www.itspublicknowledge.info/YourRights/WhocanIask/Authorities_listed_in_Schedule_1_of_the_Act.aspx)
2. Enclosed is the Feu Disposition between the Crown Estate Commissioners and the Trustees of the Harbour of Montrose (1977). The redactions in ‘red’ is considered personal data; therefore, exception 11(2) in EIRs is applied. The redactions in ‘blue’ are applied under Regulation 10(5)(e) – “Confidentiality of commercial or industrial information”. It is in the public interest that Crown Estate Scotland is able to operate in a commercially competitive manner as annual revenue profit is paid to Scottish Government. In other circumstances, disclosing a sale price of a piece of land over a period of time would not be considered commercially sensitive, but this case it was a sale of a large piece of reclaimed land; a fairly unique transaction but one that can be repeated.
Regulation of the Port Authority and its activities is by way of statutory instruments; enclosed is a draft copy (we do not hold the final version) of Statutory Instruments of the Montrose Harbour Revision Order 1973.
3. Public consultations will be by way of the statutory planning and licensing regimes
4. We do not have any information regarding environmental impact (10)(4)(a) – does not hold information under EIRS
5. Letters of objections would go through public consultation through statutory planning and licensing regimes.
Crown Estate Scotland Marine works applications for works (e.g. pontoons, jetty, slipway, piers) must obtain all necessary statutory consents (e.g through Marine Scotland, local authority and harbor authority) for the works. Crown Estate Scotland’s consent on marine works is conditional on all necessary statutory consents being granted and in place.
