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· FOI/EIR · not held

Planning appeal PPA-380-2078: EIR release

Published
2018-12-20
Received
Responded
Directorate
Legal Services (Solicitor to the Scottish Government)
Topic
Building, planning and design, Public sector
Exemptions
20, 39(2), 10(4), 10(1)

Information requested

No request text extracted.

Response

No response text extracted.

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. Regulation 10(4)(e) of the Environmental Information (Scotland) Regulations 2004 states that a public authority may refuse to make available environmental information to the extent that the request involves making available internal communications.

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