Publication - FOI/EIR release

Aberdeen Western Peripheral Route Environmental Statement: EIR release

Published: 24 September 2024
Topic: Public sector, Transport
FOI reference: EIR/202400427083
Date received: 15 August 2024
Date responded: 2 September 2024

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

Information requested

Access to the confidential badger appendices from the Aberdeen Western Peripheral Route Environmental Statement.

Response

An exception under regulation 10 (5) (g) of the EIRs (protection of the environment) applies to some of the information requested because it would make public the exact locations of badger setts. Badgers are a protected species under the Protection of Badgers Act 1992, as amended by the Wildlife and Natural Environment (Scotland) Act 2011.

This exception is subject to the ‘public interest test’. In this instance we consider that while there may be a public interest in disclosing this information, as it may contribute to the transparency of decision making on the application in question, this interest is outweighed by the public interest arising from the obligation to uphold the protected status of this species and the potential risk that would arise from publishing exact sett and foraging locations, which could lead to disturbance, obstruction or destruction or setts, or other forms of persecution.

Please see Annexes A, B and C to this response. Any illustrative information related to the appendices are also withheld under the regulation (10(5)(g) as it cannot be redacted to remove the sensitive locational information.

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