EIR/202500478690 · FOI/EIR · not held
Noise guidance for onshore wind turbines: EIR release
Information requested
Information in relation to the Scottish Government’s involvement in the ongoing review of ETSU R 97, namely the WSP review of noise guidance for onshore wind turbines, the Noise Consultants Limited work to the present date, (including their report that led to the current public consultation) and the development, including the workshop involved, of the DESNZ Assessment and Rating of Wind Turbine Noise and Updated Guidance for the Assessment and Rating of Wind Turbine Noise documents that are currently out for public consultation.
1. A copy of all communications including internal documents, reports, presentations or drafts prepared or received by the Scottish Government, including civil servants or consultants, to and from DESNZ concerning the review of wind turbine noise since 1 January 2023.
2. Minutes or notes from meetings, consultations, presentations, or briefings with stakeholders (including industry, public health bodies, acoustic experts, and local authorities) regarding wind turbine noise.
3. A list of all external parties or experts consulted as part of this review, including any submitted written evidence.
4. Any documentation outlining the terms of reference, scope, or objectives of the wind turbine noise review.
Response
As the information you have requested likely contains '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.
Our aim is to provide information whenever possible. However, in this instance, some of the information you have requested is not held by the Scottish Government for the purposes of the EIRs because we received it in confidence from the UK Government. This means that, under the terms of regulation 2(2) of the EIRs, we are unable to disclose it in response to your request.
However, you may wish to submit a new request under the UK Environmental Information Regulations 2004 to Department for Energy Security & Net Zero who should be able to help you further.
Department for Energy Security and Net Zero, 55 Whitehall, London, SW1A 2HP, United Kingdom foi.requests@energysecurity.gov.uk
Please find enclosed information within scope of your request not covered by regulation 2(2). While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exceptions under regulations 11(2) of the EIRs (personal information),10(4)(a) of the EIRs (information not held) and 10(4)(e) of EIRs (internal communications) of the EIRs applies to that information. The reasons why those exceptions apply are explained in the Annex to this letter.
Finally, under the leadership of the UK Government, the ETSU Noise Steering Group comprising representatives from all four UK administrations, carefully considered the recommendations outlined in the WSP report. Following this, a Scottish Government official participated in three noise update workshops, engaging with stakeholders from the manufacturing sector, onshore wind development, and the Institute of Acoustics. A list of invitees to the workshops is listed below:
Department for Energy Security and Net Zero (DESNZ) Department for the Economy, Northern Ireland Scottish Government Welsh Government Department for Environment, Food & Rural Affairs (DEFRA) The Department of Agriculture, Environment and Rural Affairs (DAERA), Northern Ireland Ministry of Housing, Communities & Local Government (MHCLG) Fermanagh and Omagh District Council Royal Environmental Health Institute of Scotland/Angus Council Noise Consultants Ltd Hoare Lea LLP Hayes McKenzie Partnership RES RWE Institute of Acoustics SSE Vestas
ANNEX
REASONS FOR NOT PROVIDING INFORMATION
The Scottish Government does not have the information
Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have.
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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in information about the ongoing review of ETSU R 97 clearly, we cannot provide information which we do not hold.
Regulation 11(2) – applicant has asked for personal data of 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 if the public interest in disclosing the information outweighs the public interest in applying the exception.
Regulation 10(4)(e) – internal communications [in relation to general policy and decision-making]
An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information you have requested because it is internal communication between Scottish Government officials about the draft ETSU guidance consultation document provided in confidence by the UK Government.
This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release as part of open, transparent and accountable government, and to inform public debate. However, there is a greater public interest in high quality policy and decision-making, and in the properly considered implementation and development of policies and decisions. This means that Ministers and officials need to be able to consider all available options and to debate those rigorously, to fully understand their possible implications. Their candour in doing so will be affected by their assessment of whether the discussions on the draft ETSU guidance consultation document will be disclosed in the near future, when it may undermine or constrain the Government’s view on that material while it is still under discussion and development.
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 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. A list of invitees to the workshops is listed below: Department for Energy Security and Net Zero (DESNZ) Department for the Economy, Northern Ireland Scottish Government Welsh Government Department for Environment, Food & Rural Affairs (DEFRA) The Department of Agriculture, Environment and Rural Affairs (DAERA), Northern Ireland Ministry of Housing, Communities & Local Government (MHCLG) Fermanagh and Omagh District Council Royal Environmental Health Institute of Scotland/Angus Council Noise Consultants Ltd Hoare Lea LLP Hayes McKenzie Partnership RES RWE Institute of Acoustics SSE Vestas ANNEX REASONS FOR NOT PROVIDING INFORMATION The Scottish Government does not have the information Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have.