Energy Consents Unit and Wardell Armstrong correspondence: EIR release

Information requested

All correspondence between the Energy Consents Unit and Wardell Armstrong regarding the Rogerhill Solar and BESS pre-application, ECU reference ECU00004823. You also requested details of any meetings that have taken place between ECU and Wardell Armstrong, and any minutes taken, and what was discussed and/or agreed.

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 differentregimes. This is essentially a technical point and has no material effect on the outcome of your request.

I enclose a copy of most of the information you requested.

We have identified ten documents that are within the scope of your request. I have enclosed copies of the documents requested.

I can also confirm that no meetings between ECU and Wardell Armstrong took place in regard to this application.

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.

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 202400395989 - Information released - Annex

File type

37 page PDF

File size

5.9 MB