EIR/202600515981 · FOI/EIR · not held
Scottish Forestry - Information regarding forestry plantation at Synton Mains Farm: EIR release
Information requested
1. An update on the proposed Forestry plantation at Synton Mains Farm, Ashkirk, Selkirk TD7 4PA (latest designs, stage of design/submission, timeframes, etc)
2. Confirmation that Gresham House owns the Synton Mains Farm land designated for planting, what the purchase price for the Farm was and what monies have been recouped from the subsequent sale of the Farmhouse and connected fields around the Steading. Please provide copies of sale documents.
3. Whether the Synton Mains Farmland been purchased for its inclusion within a Gresham House Forestry fund or on behalf of a specific investor.
4. Why the original forestry company was removed from, or voluntarily stood down, from the Forestry project development.
5. Who was behind the sourcing and appointment of Buccleuch Forestry and whether Buccleuch Forestry have to tender for the appointment? If so, then what other Forestry Companies tendered and please provide a copy of the tender document.
6. What individuals and organisations will be involved directly and indirectly in the decision making and approval of the Buccleuch Forestry planting designs and submissions?
7. What direct or indirect interests do any of those individuals or organisations have in the end investment or Gresham House Investments overall?
8. Whether the Scottish National Investment Bank been involved at any stage with Gresham House’s purchase of Synton Mains, invested in any Gresham House funds and/or been involved with the Synton Mains planting proposals, submissions or approvals?
9. Copies of any and all surveys/audits conducted on the proposed planting areas at Synton Mains particularly in respect of soil surveys, flora and fauna and wildlife.
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: An update on the proposed Forestry plantation at Synton Mains Farm, Ashkirk, Selkirk TD7 4PA (latest designs, stage of design/submission, timeframes, etc).
Response to your question 1:
With reference to the information requested,
Synton Mains draft species map is attached at Annex B (Document 1) of this response.
Regarding timescales, Scottish Forestry does not have a complete timeline from the forestry agent on when they intend to submit this woodland creation application. The application is currently with the owner/forest agent, as information about the site and the required documentation are still being gathered.
While our aim is to provide information whenever possible, in this instance, I can confirm that we were unable to provide some of the information regarding part 1 of your request, as Scottish Forestry does not hold any recorded information within this scope, for the reason explained above.
You may wish to submit a new information request in future regarding the documents that would be submitted to Scottish Forestry for approval, when and if the agent/owner decides to make an application, i.e., the information that would be held by Scottish Forestry in its capacity as a regulator.
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.
For a more detailed explanation of the exception applied, please refer to Annex A below.
Your question 2: Confirmation that Gresham House owns the Synton Mains Farm land designated for planting, what the purchase price for the Farm was and what monies have been recouped from the subsequent sale of the Farmhouse and connected fields around the Steading. Please provide copies of sale documents.
Response to your question 2:
The information we have been given is that this property is either owned by Gresham House or represented by Gresham House. We do not hold any information on the purchase price or any subsequent sale price for the farmhouse, nor do we have copies of any sale documents for this site. This is not within our remit as the regulatory authority for forestry.
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), informing you that Scottish Forestry does not hold the information you requested.
If you wish to investigate that matter yourself, you can do so through the land register.
For detailed information on the process and required documents for submitting a woodland creation application to Scottish Forestry, please visit the Scottish Forestry website, where these requirements are clearly explained step by step. https://www.forestry.gov.scot/publications/woodland-creation-application-guidance and https://www.forestry.gov.scot/woodland-creation-application-process
Where information is already publicly available, links to the relevant webpages have been provided. Under Regulation 6(1)(b) of the EIRs, we are not required to provide you with information that is readily available online.
For a more detailed explanation of the exceptions applied, please refer to Annex A below.
Your question 3: Whether the Synton Mains Farmland been purchased for its inclusion within a Gresham House Forestry fund or on behalf of a specific investor.
Response to your question 3:
Scottish Forestry does not hold this information, as it is not within its remit and, as explained in our answer to your question in part 2 of this request, it is not required for a woodland creation grant application.
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 and would not hold any recorded information within this scope, for the reason explained above in our response to your question in part 2 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.
For a more detailed explanation of the exception applied, please refer to Annex A below.
Your question 4: Why the original forestry company was removed from, or voluntarily stood down, from the Forestry project development.
Response to your question 4:
Scottish Forestry does not hold this information.
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 4 of your request, as Scottish Forestry does not hold any recorded information within this scope, for the reason explained above in our response to your question in parts 2 and 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.
For a more detailed explanation of the exception applied, please refer to Annex A below.
Your question 5: Who was behind the sourcing and appointment of Buccleuch Forestry and whether Buccleuch Forestry have to tender for the appointment? If so then what other Forestry Companies tendered and please provide a copy of the tender document.
Response to your question 5:
The decision to change forestry agents will have been made by Gresham House, and it is not appropriate for Scottish Forestry to be involved in or to influence the owner's business decisions. As such, Scottish Forestry does not hold this information.
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 5 of your request, as Scottish Forestry does not hold any recorded information within this scope, for the reason explained above in our response to your question in parts 2, 3, and 4 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.
For a more detailed explanation of the exception applied, please refer to Annex A below.
Your question 6: What individuals and organisations will be involved directly and indirectly in the decision-making and approval of the Buccleuch Forestry planting designs and submissions?
Response to your question 6:
While our aim is to provide information whenever possible, in this instance I can confirm that we are unable to provide any information regarding part 6 of your request, as Scottish Forestry does not hold any recorded information within this scope.
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.
Detailed information on the woodland and creation application process, and the required documents to be submitted to Scottish Forestry, can be found in the guidance available online, provided in response to your question 1.
Scottish Forestry, as the regulator for Forestry in Scotland, is responsible for deciding whether or not to approve the woodland creation proposal. The applicant (owner), often through their forestry agent, will be required to conduct due diligence for the site. This involves consultation and engagement with relevant stakeholders and groups, and the conduct of a range of site surveys (e.g. soil, habitats, birds, archaeology) to inform their final design. Once all of this documentation is available, they will present it to Scottish Forestry for review. Once Scottish Forestry is satisfied that they have all of the relevant information, the project will be screened under the Forestry (Environmental Impact Assessment)(Scotland)Regulations 2017. Scottish Forestry is the government agency responsible for deciding whether the woodland creation project will require EIA consent under the 2017 regulations.
If the applicant decides to apply for funding under the Forestry Grant Scheme, Scottish Forestry will formally consult with stakeholders through the Public register for a period of 28 days. For more details on the process, please see the woodland creation application guidance, which should provide insight into the different steps involved. The flowchart on page 11 provides an overview.
Where information is already publicly available, links to the relevant webpages have been provided. Under Regulation 6(1)(b) of the EIRs, we are not required to provide you with information that is readily available online.
Please refer to Annex A below for a more detailed explanation of the exceptions applied in this part of the response.
Your question 7: What direct or indirect interests do any of those individuals or organisations have in the end investment or Gresham House Investments overall?
Response to your question 7:
As government employees, the decision-makers have no direct or indirect interests in the investment.
Your question 8: Whether the Scottish National Investment Bank been involved at any stage with Gresham House’s purchase of Synton Mains, invested in any Gresham House funds and/or been involved with the Synton Mains planting proposals, submissions or approvals?
Response to your question 8:
Scottish Forestry does not hold any information that could answer this question.
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 does not hold any recorded information within this scope, as explained above.
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.
Your question 9: Copies of any and all surveys/audits conducted on the proposed planting areas at Synton Mains particularly in respect of soil surveys, flora and fauna and wildlife.
Response to your question 9:
Survey information held by Scottish Forestry in relation to this development proposal is included in the response to this EIR. The following documents are relevant:
Synton Mains Archaeology Breeding Bird Survey 2025 Synton Mains Ecological Assessment Synton Mains Synton Mains WEAG Assessment Digital visualisation of woodland at 30 years old, NT 475 230 Synton Mains soil plot map Synton silvicultural & soil report
Please refer to Annex C (Documents 2-8) of this response for all the documented information we hold in relation to this part of your information request.
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.
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), informing you that Scottish Forestry does not hold the information you requested.