FOI/202100263867 · FOI/EIR · partially withheld
Luing Woodland Scheme application reference 19FGS36978: EIR release
Information requested
The following information under the FOI Scotland Act and/or the environmental information regs, regarding application ref 19FGS36978, Luing Woodland Scheme: 1. A copy of the application for approval; 2. A copy of the relative Environmental Impact Assessment; 3. A copy of the grant award letter, with the sum awarded and all conditions applied; 4. Copies of all messages exchanged between you and the applicants or their agents, by email, letter, notes of calls etc.; 5. Do you have policies or guidance on (a) public access under the Scottish Access Code to areas in respect of which grants have been awarded and/or (b) applicants using assisted areas for the purpose of wild life and wild fowl shooting businesses?
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. I have attached copies of the information in PDF format. 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 exceptions under the following regulations: An exception under the regulation 11(2) of the EIRs applies to some of the information you have requested; Reg 11(2) (Personal data relating to third party). The reasons why these exceptions apply are explained in Annex A to this letter. Due to the size of the files we are unable to upload the documents referred to above. If you wish to consider, please contact us at the address below and we will be happy to provide. 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.
Attachments
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