FOI/202600509249 · FOI/EIR · not held
Recorded information since adoption of National Planning Framework 4: EIR release
Information requested
Under the Freedom of Information (Scotland) Act 2002, please provide the following recorded information created, received, or relied upon since adoption of National Planning Framework 4:
Any recorded information, including emails, memoranda, briefing notes, training materials, presentations, internal instructions, or other written communications, describing how the balancing exercise required under NPF4 Policy 30(e)(ii) is to be undertaken, namely the assessment of whether demonstrable local economic benefits outweigh the loss of residential accommodation. Any recorded methodology, framework, criteria, evidential standards, or comparative approach to be used when carrying out that assessment. Any recorded information describing how qualitative or non-monetary aspects of residential occupation are to be addressed within that balancing exercise. Any recorded information received from City of Edinburgh Council concerning interpretation or application of Policy 30(e)(ii).
If no recorded information falling within the scope of this request is held, please confirm that position.
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.
I enclose a copy of some (6 attachments enclosed) of the information you requested in relation to:
Any recorded information, including emails, memoranda, briefing notes, training materials, presentations, internal instructions, or other written communications, describing how the balancing exercise required under NPF4 Policy 30(e)(ii) is to be undertaken, namely the assessment of whether demonstrable local economic benefits outweigh the loss of residential accommodation.
Please note that some of the information within the documents provided such as names/signatures/email addresses have been redacted in line with our privacy policy and in accordance with regulation 11(2) of the EIRs (personal information), because that information 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.
The information you have requested is found in documentation that covers other subjects which fall out with the scope of your request, therefore you will note large sections of redactions and the information you requested is highlighted for ease.
For the avoidance of any doubt, whilst advice can be requested and offered it is the appointed reporter who is solely responsible for the decision on appeals/reports.
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested in relation to:
Any recorded methodology, framework, criteria, evidential standards, or comparative approach to be used when carrying out that assessment. Any recorded information describing how qualitative or non-monetary aspects of residential occupation are to be addressed within that balancing exercise. Any recorded information received from City of Edinburgh Council concerning interpretation or application of Policy 30(e)(ii).
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.
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. While we recognise that there may be some public interest in information about the information you have requested, clearly we cannot provide information which we do not hold.
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. Please note that some of the information within the documents provided such as names/signatures/email addresses have been redacted in line with our privacy policy and in accordance with regulation 11(2) of the EIRs (personal information), because that information 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.