EIR/202400425006 · FOI/EIR · partially withheld
Hill of Fare Wind Farm application (ECU00004592): EIR release
Information requested
The following information, in relation to the Hill of Fare Wind Farm application (ECU00004592):
1. How many representations have been received by the Energy Consents Unit (ECU) by 2 August 2024?
2. Of these, how many representations have been received from members of the public and community organisations?
3. Of these, how many Object to the application and how many Support the application?
4. Does the ECU intend to publish all representations on their website and if so, by when?
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 answers to your questions are as follows:
1. 1760
2. 1756 members of the public, 4 community organisations
3. 284 Support, 1476 Object
4. The Energy Consents Unit endeavours to publish all representations on their website. The Energy Consents Unit does not have a target timescale for logging representations, but this is completed as soon as practicable after receipt. Representations may be made to the Scottish Ministers in line with statutory timeframes set out in public notices, which require to be given in accordance with applicable regulations. Representations are managed such that the material issues raised within can be taken into account, so far as is possible, before any decision is taken by Scottish Ministers.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.
Contact Please quote the FOI reference Central Correspondence Unit Email: contactus@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrews House Regent Road Edinburgh EH1 3DG
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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