FOI/202500459116 · FOI/EIR · withheld
Todrig New Woodland (25FGS84239) Creation ecological report: EIR release
Information requested
The following information:
25FGS84239 Todrig New Woodland Creation
Please could you send me soil surveys, ecological reports and details of peat on the proposed site, plus any maps you have?
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.
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 11(2) of the EIRs (personal information) and 10(5)(g) of the EIRs (Protection of the environment) applies to some of the information you have requested and this information has been redacted in the documents you will receive or have been withheld in full under regulation 10(5)(g): Protection of the environment.
Please see Annex A for the reasons these exceptions apply.
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
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. 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 11(2) of the EIRs (personal information) and 10(5)(g) of the EIRs (Protection of the environment) applies to some of the information you have requested and this information has been redacted in the documents you will receive or have been withheld in full under regulation 10(5)(g): Protection of the environment.