FOI/202000109347 · FOI/EIR · partially withheld
Brewalds Road development and planning appeal PPA-370-2073 information: EIR release
Information requested
"Can you please send me the following files:
Site Location Plan; Proposed Site Plan (and/or indicative masterplan, as appropriate); Application Form (original application); Planning Statement (original application); Report of Handling; Decision Notice (relating to original application and issued by Planning Authority); Statement of Case submitted by Planning Authority; Rebuttal of Appellant to Planning Authority’s Statement of Case; and all files accepted by the Reporter for consideration following issue of the Notice of Intention on 9th April 2019"
Response
As the information you have requested is 'environmental information' for the purpose of the Environmental Information (Scotland) Regulations 2004(EIR), we are required to deal with your request under those Regulations. We are applying the exemptions at section 39(2) of the Freedom of Information (Scotland) Act 2002 so that we do not also have to deal with your request under FOISA. The 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 the request. I confirm that some of the information you requested was published to our website during the appeal. For ease I have republished this information to our website. I attach a link below. This information will remain published for a period of 1 month to allow you to view. http://www.dpea.scotland.gov.uk/CaseSearch.aspx?T=1 If you require more time please let me know. You can also download any of the documentation republished to your own device from our website if you choose. I attach guidance in this respect should it be required. Please also find attached copies of the information you requested. Please note that some of the information within the documents provided (names/signatures/email addresses) have been redacted in line with our privacy policy and in accordance with regulation 11(2) of the EIR's (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 Date 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 exemptions at section 39(2) of the Freedom of Information (Scotland) Act 2002 so that we do not also have to deal with your request under FOISA. The 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. Please note that some of the information within the documents provided (names/signatures/email addresses) have been redacted in line with our privacy policy and in accordance with regulation 11(2) of the EIR's (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 Date Protection Regulation and in section 34(1) of the Data Protection Act 2018.