Tree felling permissions: EIR release

Information requested

I am looking for information regarding two tree felling permissions approved by Scottish Forestry between Huntly and Rhynie. There is very little information available on the Public Register about these permissions. I am not aware of any consultation being carried out on planting these plantations. I am concerned about the effect these plantations have on local wildlife.

I am looking for the following information on Glen of Noth, FPA 8979 and Newnoth Phase 1, FPA 10400 -

Correspondence between Scottish Forestry and applicant in relation to this application.

Correspondence between Scottish Forestry and consultees in relation to this application.

Agreed mitigation in relation to protecting wildcats.

If any complaints have been made to Scottish Forestry in relation to these logging areas.

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.

Due to the volume of information covered by your request, copies of the documents will be emailed to you separately.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exception under regulation 11(2) of the EIRs (personal data relating to a third party) applies to some of the information you have requested. This information has been redacted on the requested correspondence.

For further detail on the application of these exceptions, please see Annex A below.

ANNEX A

REASONS FOR NOT PROVIDING INFORMATION

Personal data relating to third party

An exception under regulation 11(2) of the EIRs (personal information) applies to some 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.