FOI/19/00830 · FOI/EIR · partially withheld
Representation regarding the Dumfries & Galloway Local Development Plan: EIR release
Information requested
Request to release [Redacted] representation regarding the Dumfries & Galloway Local Development Plan.
Response
As you may know, 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.
Please find attached [Redacted] representation. In addition you wrote to the reporter regarding [Redacted] proposal for industrial use of the Ladycroft site. If it may help to clarify that the regulations make no provision for the submission of further information or representations unless requested by the reporters. The reporters appointed to undertake the examination will determine the method by which each issue raised in unresolved representations is examined, whether by written representations, hearing or inquiry session.
Nevertheless, your correspondence has been forwarded to the reporters for their information.
About FOI
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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.