Publication - FOI/EIR release

Proposed Dundee Local Development Plan 2: EIR release

Published: 9 April 2018
Directorate: Legal Services (Solicitor to the Scottish Government)
Topic: Environment and climate change, Public sector

Information request and response under the Environmental Information (Scotland) Regulations 2004.

FOI reference: FOI/18/00843
Date received: 17 March 2018
Date responded: 5 April 2018

Information requested

All of the information submitted to the Scottish Government by Dundee City Council relating to the proposed Dundee Local Development Plan 2.

Response

As you know, 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 documents that were submitted by Dundee City Council for the proposed local development plan are published on the DPEA website and I attach a link below:

http://www.dpea.scotland.gov.uk/CaseDetails.aspx?id=118462&T=21

I have also attached the redacted copies of the representations received from the public consultation on the development plan and which we do not publish on our website. In addition, there are three documents which we received from our Planning and Architecture Division.

About FOI

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