FOI/202100230427 · FOI/EIR · already published
Information pertaining to Scottish Government's Planning and Appeals Division (DPEA): EIR release
Information requested
All types of documentation including emails and notes from phone calls and conversations, for all interactions between the DPEA and external parties, that is not already available publicly on the DPEA portal, for cases:
DPEA APPEAL LBA-100-2011 DPEA APPEAL TENA-100-2001 DPEA APPEAL TENA-100-2002 DPEA APPEAL TENA-100-2003 DPEA APPEAL TENA-100-2004
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 the 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 attach a copy of all of the information you requested in the format you asked for.
In terms of case reference LBA-100-2011, whilst our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested in respect of this case because an exception under regulation 10(4)(a) of the EIR’s (Information not held) applies to that information.
The Scottish Government does not have the information requested because no records are held in the case which were not publicly available at the time of the appeal. Please note that information within the documents provided relating to personal information such as names/signatures/email addresses have been redacted in line with our privacy policy and in accordance with regulation 11(2) of the EIRs (personal information), because that information is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the public interest test, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.
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 the 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. In terms of case reference LBA-100-2011, whilst our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested in respect of this case because an exception under regulation 10(4)(a) of the EIR’s (Information not held) applies to that information.