Planning applications and appeals for section 37: EIR release

Information requested

"1. Please supply details of all section 37 applications that have been refused by the Scottish Government.

2. Please give details of all planning applications and appeals for new substations, relocated substations and expanded substations that have been refused in Scotland."

You subsequently clarified the following and added a further 'Point 3' to your request as below :

1. Please give details of ALL Section 37 applications that have been refused by the Scottish Government within the last 15 years.

2. Please give details of ALL planning applications and appeals relating to Section 37 applications for new substations, relocated substations and expanded substations that have been refused in Scotland within the last 15 years.

3. Please give details of all refusals for grid connections for approved wind developments within the last 15 years.

Response

I would firstly clarify that 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.

Response to your request

The answers to your questions are held below:

1. I can confirm that no Section 37 applications have been refused by the Scottish Government within the last 15 years.

2. I can confirm that no appeals relating to Section 37 applications for new substations, relocated substations and expanded substations have been refused in Scotland within the last 15 years.

3. I can confirm that no grid connections for approved wind developments have been refused by the Scottish Government within the last 15 years.

Relevant to your question 2 in respect of 'planning applications' relating to section 37 applications for new substations, 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. The Scottish Government holds no information in respect of applications for new sub stations, relocated substations and expanded substations that have been refused in Scotland within the last 15 years.

To clarify, applications for planning permission (and other permissions sought such as listed building consent and conservation area consent) are dealt with firstly by the local planning authority. Scottish Ministers can intervene in the determination of a planning application where a matter of genuine national interest may be at stake. Ministers only intervene occasionally because local authorities have an important decision-making role in the future development of their areas.

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 planning applications clearly we cannot provide information which we do not hold.

You may therefore wish to contact individual local planning authorities who may hold the information you have requested.

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.