EIR/202600516998 · FOI/EIR · transferred
Arecleoch Wind Farm planning application documentation: EIR release
Information requested
The planning application documentation of Arecleoch wind farm project submitted in March 2006 as a S36/PINS application.
Please find below the chapters and figures of interest. It is unknown how these are numbered however the titles names are expected to follow the same standard as recent applications.
Decision Letter (or Notice) Chapter Ecology Chapter Hydrology, hydrogeology, geology and soils National Vegetation Classification & Habitats Survey Technical Appendix Chapter - Noise Chapter - Landscape and Visual. And associated Wirelines and Photomontages Figure X - View from [XXXX]. Table of contents of whole pack if available
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 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.
The Decision Letter (Notice) forms part of our records and has been provided in Annex A.
Applications submitted prior to the introduction of the Energy Consents Unit (ECU) Portal were retained in paper format and are held within the Scottish Government (SG) Library for a period before being transferred to the National Records of Scotland. In relation to the Arecleoch Windfarm (consented in 2008), the Library holds the following documents:
Environmental Statement Application Drawings Technical Appendices Enlarged Photomontages Addendum Addendum Technical Appendix Non-Technical Summary Loose maps and diagrams
The documents you have requested (including Environmental Statement chapters, figures and photomontages) are contained within this material. However, due to the size and volume of these records, we are unable to provide copies electronically or by post.
Arrangements can be made for you to inspect the documents in person at the SG Library, where the material can be accessed in full. If you wish to do so, please contact the Library directly at sglibrary@gov.scot to arrange a convenient date and time.
Alternatively, you may wish to contact the developer directly — ScottishPower Renewables (UK) Ltd — as the Environmental Statement chapters, figures and photomontages were prepared and submitted by them, and they remain the owners of these documents.
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:
An exception under regulation 6(1)(b) of the EIRs (information already publicly available) applies to some of the information. An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information.
Under regulation 6(1)(b) of the EIRs, we are not required to provide information which is already publicly available and easily accessible to you in another form or format.
This exception is subject to the public interest test. 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 exception. We have concluded that, on balance, the public interest lies in favour of upholding the exception, as the information is accessible through alternative means, namely inspection at the Scottish Government Library.
An exception under regulation 11(2) of the EIRs (personal information) also applies to some of the information requested, as it constitutes personal data of a third party. Disclosure would contravene the data protection principles set out in Article 5(1) of the UK General Data Protection Regulation and section 34(1) of the Data Protection Act 2018. This exception is not subject to the public interest test.
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. Disclosure would contravene the data protection principles set out in Article 5(1) of the UK General Data Protection Regulation and section 34(1) of the Data Protection Act 2018.