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ACCC/C/2010/53 United Kingdom

Case status: Findings adopted on 28.09.2012 – No non-compliance found.
Follow-up: Concluded; see para. 9 of Decision V/9 on general issues of compliance, Decision V/9n.
Topics: Definitions; Access to environmental information; Public participation.
Articles alleged: 1; 3; 4; 5; 6; 7; 9.
Articles considered by the Committee: 2 (3); 4 (1), (3); 8.
Articles, if any, found in non-compliance: 4 (1).
Summary: On 26 November 2010, the Moray Feu Traffic Subcommittee of Lord Moray’s Feuars Committee, representing the interests of Moray Feu residents, submitted a communication to the Compliance Committee alleging that the United Kingdom of Great Britain and Northern Ireland had failed to comply with its obligations under the Convention. The communicant alleged that non-compliance of the Party concerned with articles 1, 3, 4, 5, 6, 7 and 9. The communicant alleged that the City of Edinburgh Council failed to collect relevant environmental information and to provide environmental information that it already possessed upon request. It also alleged it had been denied meaningful participation with respect to the permanent rerouting of traffic through the residential area of the Moray Feu, Edinburgh, in order to make room for a light rapid transit system, the Edinburgh Tram Network. The communicant alleged that residents of the Moray Feu have been denied access to justice regarding a significant infringement on their environment.

  Document Status Date received or posted by the secretariat
  Datasheet ACCC/C/2010/53 (United Kingdom) Latest datasheet on the status of the communication 04.02.2013
  Determination on admissibility At CC-31 01.04.2011
  Communication Communication ACCC/C/2010/53 01.04.2011
  Annex 1   01.04.2011
  Annex 2   01.04.2011
  Annex 3   01.04.2011
  Annex 4   01.04.2011
  Annex 5   01.04.2011
  Annex 6   01.04.2011
  Annex 7   01.04.2011
  Annex 8   01.04.2011
  Annex 9   01.04.2011
  Annex 10   01.04.2011
  Annex 11   01.04.2011
  Annex 12   01.04.2011
  Annex 13   01.04.2011
  Annex 14   01.04.2011
  Annex 15   01.04.2011
  Annex 16   01.04.2011
  Letter to the Party concerned forwarding the communication From the secretariat 01.04.2011
  Letter to the communicant From the secretariat 01.04.2011
  SPSO report and comments to the SPSO draft report From the communicant 29.06.2011
  Email correspondence between the communicant and the City of Edinburgh From the communicant 12.07.2011
 

Response from the Party concerned


Annex 1 Letter to Scottish Public Services Ombudsman (SPSO) from The City of Edinburgh Council, 4 October 2010


Annex 2 Enclosure 5 of letter to SPSO: The City of Edinburgh Council, Edinburgh Tram Network – Statement of Case for Traffic Regulation Orders dated February 2010

Annex 3 Enclosure 13 of letter to SPSO: Letter from tie ltd to Mr MacIntosh dated 24 October 2008


Annex 4 Enclosure 12 of letter to SPSO: Edinburgh Tram – West End Traffic Management – Report to TIE Committee on 5 May 2009


Annex 5 Enclosure 3 of letter to SPSO: Edinburgh Tram - Traffic Regulation Orders, Report to TIE Committee meeting of 23 November 2010

Annex 6 Enclosure 4 of letter to SPSO: Edinburgh Tram – Traffic Regulation Order: TRO1 Review, Report to TIE Committee meeting of 23 November 2010

Annex 7 Air Quality Report to Tram Sub-Committee meeting of 28 February 2011

Annex 8 Minutes of Tram Sub-Committee meeting of 28 February 2011


Annex 9 Presentation by Professor Laxen to Tram Sub-Committee meeting of 28 February 2011


Annex 10 Witness Statement by Dr Heal to Tram Sub-Committee meeting of 28 February 2011

From the Party concerned 23.08.2011
  Response from the communicant From the communicant 30.09.2011
  Invitation to the parties for the discussion at CC-35 From the secretariat 03.11.2011
  Letter to communicant From the secretariat 23.11.2011
  Response from the communicant From the communicant 29.11.2011
  Communicant's powerpoint presentation for the discussion From the communicant 15.12.2011
  Party concerned's oral submissions for discussion From the Party concerned 15.12.2011
  Letter to the parties after CC-35 with questions and draft chronology From the secretariat 23.01.2012
  Additional information after CC-35 Provisions of the Aarhus Convention Alleged to have been Breached From the communicant 09.02.2012
  Additional information after CC-35 Letter and Annex From the communicant 11.02.2012
  Additional information after CC-35 Draft Chronology From the communicant 15.02.2012
  Additional information after CC-35 Letter and Main response to Committee's questions From the communicant 16.02.2012
  Additional information after CC-35 Letter and supporting material (zip archive) From the Party concerned 17.02.2012
 

Note addressed statements made at the last hearing

From the communicant

25.06.2012

  Draft findings and letters to the Party concerned and to the communicant    From the secretariat 13.08.2012
  Comments on the draft findings From the communicant 10.09.2012
 
  Comments on the draft findings From the Party concerned 10.09.2012
  Findings (advance unedited copy) [note: see corr. of 05.11.2012] and letter to the parties From the secretariat 08.10.2012
  Comments on the findings From the Party concerned 26.10.2012
  Findings Corr (advance unedited copy) [corr. to para. 91] From the secretariat 05.11.2012
  Letter From the communicant 21.12.2012
  Findings (En Fr Rus) From the secretariat 11.01.2013
  Letter (in response to the communicant's letter of 21.12.2012) and annex From the Party concerned 06.02.2013
  Letter regarding the findings and recommendations of the Compliance Committee  From the Party concerned 05.03.2014
  Comments on the statement of the Party concerned From the communicant 21.03.2014