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FOI/202200320879 · FOI/EIR · partially withheld

Wayleave application for Pencloe Wind Farm: EIR release

Published
2022-12-15
Received
2022-09-16
Responded
2022-09-29
Directorate
Energy and Climate Change Directorate
Topic
Energy, Public sector
Exemptions
20, 39(2)

Information requested

Documentation relating to the necessary wayleave application ‘Blackhill Substation to Pencloe Wind Farm’, including:

Date of wayleave application submission Date the application was found complete Date of any consultations, to whom and provision of responses received Date of referral to DPEA Application reference number

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. The answer to your questions are as follows: Question 1 - Date of wayleave application submission The Necessary Wayleave application was submitted on 25 November 2021. Question 2 - Date the application was found complete The application was found complete on 4 March 2022. Question 3 - Date of any consultations, to whom and provision of responses received No consultation was undertaken. Question 4 - Date of referral to DPEA The application was referred to the DPEA on 7 September 2022. Question 5 - Application reference number The ECU application reference number is ECU00003403. Documentation relating to this application can be found at Scottish Government - Energy Consents Unit - Application Details The DPEA application reference number is ‘WAY-170-24’. 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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