Transport Scotland Planning Application 13/02723/PP: EIR release

Information requested

"The following. Planning Application 13/02723/PP of both Transport Scotland and the Above Authorities. Requesting all details including Planning Application and Permission Approved work or Non Compliance too Standards. . In associated with Primary Planning Permission of 13/00479/PP. And similarly 18/01348/PP NCN78ROUTE to Benderloch & 18/02718/PP Competition Certification."

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.

Response to your request

Please see Annex A to this response for a copy of all information held in relation to planning application references 13/02723/PP.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it 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. This exception is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

Please see Annex B to this response for a copy of all information held in relation to planning application references 13/00479/PP.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it 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. This exception is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

With regards to planning applications 18/01348/PP and 18/02718/PP. All information information you have requested is available from the Scottish Government Publications Page at Ledaig Benderloch - pathway closure and on going applications: EIR release - gov.scot (www.gov.scot). Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have. We do not have the information you have requested because we do not hold Completion certificates for planning applications 18/01348/PP and 18/02718/PP as the Design Manual for Roads and Bridges (DMRB) review process of the junction layout entailed a series of technical information exchange emails between Transport Scotland and the Applicant and the Applicant’s Designer. At the end of which a final email was sent which confirmed the new junction layout DMRB review had been concluded.

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 Completion certificates for planning applications 18/01348/PP and 18/02718/PP, 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 http://www.gov.scot/foi-responses.

EIR 202400395550 - Information Released - Annex A-B

File type

65 page PDF

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7.1 MB