All information relating to a forestry application FPA-11321 for the area of land west of Eglinton House, Kilwinning: EIR Release

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


Information requested

All information relating to a forestry Application for the area of land west of Eglinton House, Kilwinning. The felling Application number is FPA-11321. The information required is as follows:

1. All email correspondence associated with the forestry application.
2. All hard copy letters issued associated with the forestry application.
3. Any other correspondence received from, or sent to, other bodies in connection with theforestry application.
4. All draft documents associated with the forestry application.
5. All printed documents associated with the forestry application.
6. All computer files associated with the forestery application.
7. All photographs associated with the forestry application.
8. All audio, video, telephone and face to face discussions between all parties associated with the forestery application.
9. All social media communications for example, but not limited to, WhatsApp, Text, Tweets, Facebook associated with the forestery Application.

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.

Please note that the only information we hold regarding this felling permission application falls under your categories 1 (‘all email correspondence’) and 6 (‘all computer files’).

Given the volume of documents included in our response, copies of the information we hold in relation to your request 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 exceptions under regulations 11(1) (personal data of the applicant) and 11(2) of the EIRs (personal data relating to a third party) apply to some of the information you have requested. This information has been redacted in the supplied documentation.

The reasons why these exceptions apply are explained in Annex A to this letter.

*Due to the size of the files we are unable to upload the documents referred to above.
If you wish to consider, please contact us at the address below and we will be happy to provide

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.

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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