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202300360898 · FOI/EIR · partially withheld

Felling permission, documents, emails, phone calls, consultation on forestry operation around water supply: EIR release

Published
2023-11-24
Received
2023-06-05
Responded
2023-07-03
Directorate
Topic
Public sector
Exemptions
20, 39(2), 11(2)

Information requested

Felling Permission, documents, emails, phone calls, consultation on forestry operation around water supply for [an address at] Glen Etive PH49 4JA

As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.

This exemption 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 exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

Response

Given the volume of documents included in our response, copies of the information we hold in relation to your request will be emailed to you separately. Our response comprises:

The 2018 Long Term Forest Plan, including scoping and consultation. While we have been obliged to redact personal information from the consultation documents, I can confirm that your name and address appear on the list of consultees and respondents. The 2022 amendment to the felling phases.

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 under regulation 11(2) of the EIRs (personal data relating to a third party) applies to some of the information you have requested. This information has been redacted in the released documents.

About FOI

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.

Contact Please quote the FOI reference Central Enquiry Unit Email: ceu@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrews House Regent Road Edinburgh EH1 3DG

Detected exemption language

We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA. This exemption 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 exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes.

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