On 26 Nov 2012, at 15:30, Francis Davey wrote: > I suspect Nick is right in suggesting that in fact private sector engineers > will have created plans etc, but since I don't know the detail of the > procedure used in Scotland I couldn't say. > > Its always worth trying to reason with a local council first if it seems they > are getting stuck on what seems like a legal point. Sometimes talking to the > right person can help. The most successful local campaigners I know work this > way rather than formally via FOI. That's a pragmatic suggestion rather than a > legal one, but in part based on the hint that Edinburgh normally seem > reasonable. > > Are there any Scots lawyers on this list who are prepared to put their heads > above the parapet I wonder? It would be useful to have someone who > understands the particular procedure able to comment. > > Of course if you do make a "formal" FOI request (not that there really is > such a thing) then using whatdotheyknow means we can all see it, all benefit > from any result and generally offer advice and assistance from the side-lines. > > Francis
Thanks again (to all). Just to clarify things a little for those reading this: The building work in question has nothing to do with Edinburgh Council or its property. When anyone wants to do work on any property in Edinburgh they must obtain from the Council: 1. Planning Permission and Listed Building Consent, or confirmation that they are not required. 2. A Building Warrant - which is basically permission to do work. 3. A Completion Certificate - which is the Council's confirmation that the work done is satisfactorily. To apply for Planning or Listed Building Consent, you must submit detailed drawings showing what you want to do. To get a Building Warrant, you must provide detailed calculations and methodology for the work - eg. steel beam sizes. To get a Completion Certificate, you have to demonstrate to the Council (they will normally require to inspect the work as it is in progress) that it complies with the design submitted for the Building Warrant. You submit Planning and Listed Building Consent applications here: https://eplanning.scotland.gov.uk/WAM/ And anyone can then view them and all the associated documents here: https://citydev-portal.edinburgh.gov.uk/idoxpa-web/search.do?action=simple&searchType=Application Building Warrant applications are submitted here: https://citydev-portal.edinburgh.gov.uk/portal/portal.do?target=buildingWarrants Their existence can be verified here: (but you cannot view the documents). https://citydev-portal.edinburgh.gov.uk/idoxpa-web/search.do?action=simple&searchType=ScottishBuildingWarrant In our case, the owner of the property directly beneath us wanted to remove a load-bearing wall. They went through (almost) all of the above, but we don't believe the work was done satisfactorily, and certainly they do not have a Completion Certificate. We want to see how the work was *meant* to have been done - which means the information submitted for the Building Warrant application. That's the information that the Council won't let us take away (though they will let us *see* it, for a £50 fee). I think that's a little strange, especially as it has a direct relevance to my life (literally). I think the consensus here seems to be that Edinburgh Council are wrong. However, remembering who I want my friends to be (I will shortly be asking Edinburgh Council to take action against the owner of the property in question), I took an alternate approach - and managed to find out who the structural engineer was. I contacted them directly, and asked for the drawings and calculations - which they were only too happy to supply. So, it appears I may have won this particular battle - but only by playing by different rules. And it does mean that Edinburgh Council's stance won't be challenged on this occasion. I apologise therefore to those who think it should be. Again, thanks to all. Simon PS. In answer to the inevitable question, we inherited this problem when we bought the property. And no, it didn't show on any of the searches that our solicitor did (not that I'm saying it should have).
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