EIR/202500451161 · FOI/EIR · partially withheld
High Hedge Report statistics: EIR release
Information requested
Mr Malcolm Mahony Reporter for DPEA and asking how many High Hedge Reports has he carried out.
Response
The information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIR’s), 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.
I can confirm that Mr Mahony has issued 5 High Hedge decisions.
Although this has not been requested, I am able to provide you with case reference numbers that are already in the public domain and can be viewed via the following link: Scottish Government - Planning and Environmental Appeals Division (DPEA)
HHA-190-1 HHA-170-3 HHA-380-5 HHA-130-13 HHA-260-19
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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.
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