EIR/202600515120 · FOI/EIR · partially withheld
National Planning Framework 4 (NPF4) documentation: EIR release
Information requested
I would now like to see the same documents without the scope-related redactions - in particular the December 2025 presentation and its accompanying notes, and the document titled 'NPF4 Interpretation for upload'. I am of course content for personal information such as names and email addresses to remain redacted.
Response
Firstly as the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), and you have mentioned both FOI and EIR in your email, to note we are required to deal with your request under those Regulations. Therefore 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 enclose a copy of some of the information you requested.
An exception under regulation 11(2) of the EIRs (personal information) applies to some 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 if the public interest in disclosing the information outweighs the public interest in applying the exception.
An additional exception under regulation 10(4)(e) of the Environmental Information (Scotland) Regulations 2004 applies to the information you have requested. This exception applies because the information consists of internal correspondence and advice for reporters. In addition to this, one of the documents is in a draft status.
This exception is subject to the public interest test. We have therefore considered, taking account of all the circumstances of this case, whether the public interest in disclosing the information outweighs the public interest in maintaining the exception. On balance, we have concluded that the public interest lies in favour of upholding the exception. We recognise that there is a public interest in disclosure, in particular in promoting transparency and openness around how NPF4 is interpreted by Scottish Government reporters and and decisions made. Disclosure could also assist public understanding of the process followed in considering appeals and reports.
However, this is outweighed by the public interest in ensuring that Reporters have a private space in which to exchange candid and frank procedural communications and advice. Maintaining the confidentiality of such exchanges supports the effective and efficient administration of the appeals process and protects the integrity of decision making. Disclosure of this type of internal correspondence could inhibit the free and frank exchange of views, to the detriment of the overall quality and efficiency of the process.
Due to the size of the files we are unable to upload the documents referred to above.
If you wish to consider, please contact us at the address below and we will be happy to provide.
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
Therefore 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. An exception under regulation 11(2) of the EIRs (personal information) applies to some 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.