Publication - FOI/EIR release

Contract between Glendevon Energy and CARES/Local Energy Scotland: EIR Review

Published: 14 October 2024
Directorate: Energy and Climate Change Directorate
Topic: Energy, Public sector
FOI reference: EIR/202400424306 review of 202400413233
Date received: 13 August 2024
Date responded: 27 August 2024

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

Information requested

Original request - 202400413233

Contract document between Glendevon Energy and CARES/Local Energy Scotland for the provision of loan funding to facilitate the development of a Hydro Scheme at Loch a’ Bhraoin, Garve, IV23 2QN. I do not have the date of the contract but a planning application for the scheme was lodged with Highland Council in 2018 Ref 18/02458FUL.

Response

I have now completed my review of our response to your request under the Environmental Information (Scotland) Regulations 2004 (EIRs) for:

“Contract document between Glendevon Energy and CARES/Local Energy Scotland for the provision of loan funding to facilitate the development of a Hydro Scheme at Loch a’ Bhraoin, Garve, IV23 2QN. I do not have the date of the contract but a planning application for the scheme was lodged with Highland Council in 2018 Ref 18/02458FUL”.

I have concluded thata different decision should be substituted.

On reviewing your request and the response you received, I have concluded that the exception under which information was withheld (regulation 10(5)(e) of the EIRs) does not apply to the information that you have requested.

Therefore, I enclose a copy of most of the information you requested, in the attached four pdf documents, namely:

Minute of Agreement
Loan Agreement
Variation to Loan Agreement
Further Variation to Loan Agreement

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information provided because it is personal data of a third party (names, signatures and addresses) 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.

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