FOI/202200330174 · FOI/EIR · partially withheld
Boheadlag Woodland Creation Scheme documentation: EIR release
Information requested
As per Head of Operational Delivery letter to Murdo Fraser MSP, of 8 November 2022 - your reference: 2022/00324494 - we wish to see the information gathered and documents produced by Tilhill for the Woodland Creation Scheme at Boheadlag, Griffin Forest, Perthshire, namely the archeaological survey and their in-house botanical survey together with Scottish Forestry’s conservancy team’s assessment of the site.
Response
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. In relation to the request for copies of the two reports I have attached copies of the information we hold in relation to your request. Please see attached to this letter the two documents/reports:
Evaluation of botanical interest at Boheadlag, Perthshire. Boheadlag Woodland Creation Scheme Historic Environment Desk-Based Assessment and Walkover Survey
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 attached documents. With regards to the second part of your request for Scottish Forestry’s conservancy team’s assessment of the site. The team have confirmed that a site visit was made, and reviewed the surveys on the site against the ground preparation activities, but no report/assessment was recorded. 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 the EIRs applies to some of the information you have requested. The exception which applies is Regulation 10(4)(a), information not held. This exception applies because some of the information requested was not held by Scottish Forestry at the time of your request. The reasons why these exceptions apply are explained in Annex A to this letter. 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.
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. The exception which applies is Regulation 10(4)(a), information not held.