EIR/202600515720 · FOI/EIR · not held
Scottish Forestry - North Harrow Hope woodland creation scheme: EIR release
Information requested
I would like to make a FOI request in relation to the North Harrow Hope woodland creation scheme, reference 21FGS56103.
Please could you provide the following information:
1. RSPB response to the public consultation that ended on 15 April 2026.
2. The document with Summary of decision-making process in relation to landscape (with the magnitude/sensitivity matrix), if this has yet been made.
3. The screening decision document, if this has yet been made.
4. All communication between SF and the RSPB since 2 February 2024.
5. All communication between SF and the forestry agents since 2 February 2024.
6. The 10b Checklist and issues log, if these have yet been completed.
7. The SEPA response to the public consultation that ended on 15 April 2026.
Thank you for your assistance.
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 under 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 whether 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.
Your question 1: Please could you provide the following information: 1. RSPB response to the public consultation that ended on 15 April 2026.
Response to your question 1:
The RSPB response letter dated 15th April 2026 is provided in Annex B (Document 1). I confirm that this correspondence constitutes all the documented information we hold regarding this part of your information request. You will be able to identify where and what types of personal information were redacted.
An exception under Regulation 11(2) of the EIRs (personal information) applies to some of the requested information because it constitutes third-party personal data.
The reason for applying this exception is set out in Annex A below.
Your question 2: The document with Summary of decision-making process in relation to landscape (with the magnitude/sensitivity matrix), if this has yet been made.
Response to your question 2:
This has not been produced for this scheme and therefore cannot be provided.
While our aim is to provide information whenever possible, in this instance I can confirm that we were unable to provide any information regarding part 2 of your request.
This is a formal notice under section 10(4)(a) of the Environmental Information (Scotland) Regulations 2004 (the EIRs), stating that Scottish Forestry does not hold the information you requested.
For a more detailed explanation of the exception applied, please refer to Annex A below.
Your question 3: Please could you provide the following information: The screening decision document, if this has yet been made.
Response to your question 3:
This project has not yet been screened under the Forestry (EIA) (Scotland) Regulations 2017; therefore, no information is held.
While our aim is to provide information whenever possible, in this instance, I can confirm that we were unable to provide any information regarding part 3 of your request, as Scottish Forestry, as a forestry regulator, does not hold any recorded information within this scope, for the reason explained above in our response to your question in part 3 of your information request.
This is a formal notice under section 10(4)(a) of the Environmental Information (Scotland) Regulations 2004 (the EIRs), informing you that Scottish Forestry does not hold the information you requested.
Once screened, our decision will be proactively added to the public register of EIA screening opinions, which is available here
Please refer to Annex A below for a more detailed explanation of the exceptions applied in this part of the response.
Your question 4: Please could you provide the following information: 4. All communication between SF and the RSPB since 2 February 2024.
Response to your question 4:
The only correspondence we have on record within the timescale you have indicated is the response to the consultation referred to in our response to your point 1 above, which was provided to you as Annex B – Document 1 of the response to your information request.
Your question 5: Please could you provide the following information: All communication between SF and the forestry agents since 2 February 2024.
Response to your question 5:
Please refer to Annex C (Documents 2 to 54) of this response for all the documented information we hold in relation to this part of your information request.
You will be able to identify where and what type of personal information was redacted.
An exception under Regulation 11(2) of the EIRs (personal information) applies to some of the requested information, as it constitutes third-party personal data. Regulation 10(5)(g) (protection of the environment) also applies. The reasons for applying these exceptions are set out in Annex A below.
Your question 6: Please could you provide the following information: The 10b Checklist and issues log, if these have yet been completed.
Response to your question 6:
The 10b checklist has been superseded by our internal casebook system. We no longer use that document; therefore, it has not been produced. There is a live issues log for this development, which is included in this response.
Please refer to Annex D (Document 55) of this response for all the recorded information we hold within the scope of your Question 6.
Your question 7: Please could you provide the following information: The SEPA response to the public consultation that ended on 15 April 2026.
Response to your question 7:
SEPA did not provide a response to the public consultation for the North Harrow Hope woodland creation project; therefore, Scottish Forestry does not hold any information within the scope of your question 7.
This is a formal notice under section 10(4)(a) of the Environmental Information (Scotland) Regulations 2004 (the EIRs), informing you that Scottish Forestry does not hold the information you requested.
Please refer to Annex A below for a more detailed explanation of the exception applied in this part of the response.
ANNEX A
REASONS FOR NOT PROVIDING INFORMATION
Personal data relating to a third party
An exception under Regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data 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 whether the public interest in disclosing the information outweighs the public interest in applying the exception.
Information not held at the time of the request
Under Regulation 10(4)(a) of the Environmental Information Regulations (EIRs), Scottish public authorities are not required to provide information they do not hold at the time of the request, nor to generate new information to answer questions, when submitted information requests concern future actions, particularly where no plans exist and the authority is therefore unable to predict future events or actions initiated by third parties.
Scottish Forestry did not hold the requested information when the request was received, as it was explained that the action had not occurred and that no records exist. This was confirmed in response to parts 2, 3, and 7 of this information request.
This exception is subject to the ‘public interest test.’ Despite not holding this information, we have a statutory obligation to apply this test. Therefore, taking into account all the circumstances of this case, we have considered the presumption in favour of disclosure for transparency; however, we have concluded that the public interest in providing the information is outweighed by the fact that no information exists and is not held. Accordingly, the public interest test lies in favour of upholding the exception.
Protection of the environment to which the information relates
An exception under regulation 10(5)(g) of the EIRs (protection of the environment) applies to some of the requested information, particularly in document 55 (fauna), as it would disclose the precise locations of species – black grouse - protected by the Wildlife and Countryside Act 1981, and, as such, constitute prejudice to conservation, namely, the nesting and breeding sites of species protected under Schedule 1 of the Wildlife and Countryside Act 1981.
This exception is subject to the ‘public interest test’. In this instance, we consider that while there may be a public interest in disclosing this information, as it may contribute to transparency, this interest is outweighed by the public interest in protecting these protected species from the potential risks that would arise from publishing their exact nesting and breeding locations, for example, disturbance, egg collection, or nest/sett destruction, and so forth.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.
Detected exemption language
We are applying the exemption under 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 whether 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 a formal notice under section 10(4)(a) of the Environmental Information (Scotland) Regulations 2004 (the EIRs), stating that Scottish Forestry does not hold the information you requested.