FOI/19/00275 · FOI/EIR · partially withheld
Land Tribunals applied for regarding the Aberdeen Western Peripheral Route: EIR release
Information requested
With specific reference to whole Aberdeen Western Peripheral Route and all of the land affected by this whole project. (1) I wish to know how many of the landowners of all of the land affected by the above project have applied for a Land Tribunal to date? (2) How many of these cases have been sisted so far?
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.
(1) To date, we have received 98 land owner applications to the Lands Tribunal for Scotland under the Land Compensation Act 1963 in relation to the A90 Aberdeen Western Peripheral Route.
(2) Of the 98 land owner applications to the Lands Tribunal for Scotland under the Land Compensation Act 1963 in relation to the A90 Aberdeen Western Peripheral Route 92 applicants have requested that their application is immediately sisted pending negotiations.
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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.
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