FOI/202000113623 · FOI/EIR · partially withheld
Correspondence concerning illegal felling investigation in Cumbernauld, North Lanarkshire: EIR release
Information requested
You asked for all correspondence between Scottish Forestry and A & G Rentals concerning illegal felling investigation undertaken by Central Scotland Conservancy at NS 77418 76408 and NS 77206 76428 Cumbernauld, North Lanarkshire.
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 attach a copy of some of the information you requested in a pdf format.
While our aim is to provide information whenever possible, in this instance we are unable to provide all of the information you have requested because an exception(s) under regulation(s) Reg 11(2) (Personal data relating to third party) of the EIRs applies to that information.
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.