Publication - FOI/EIR release

Evidence and advice on wood burning stoves: EIR release

Published: 8 October 2024
Directorate: Energy and Climate Change Directorate
Topic: Environment and climate change, Public sector
FOI reference: FOI/202400423476
Date received: 23 August 2024
Date responded: 19 September 2024

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

Information requested

Can you please let me see what evidence you have that wood stoves actually are pollutants and what the problem is about them and what data basis your conclusions that they are so dreadful that they must be banned.

Can you please, accept this as an FOI request under FOI law 2002 and the EIR regulations 2004 to see all documents containing the advice to Ministers with regard to the question of whether wood stoves should be banned or otherwise have their usage restricted, including sight of any written submission to Ministers and any interchange between Ministers and officials.

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.

I enclose a copy of some of the information you requested as attachments to this letter.

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 of exception(s) under regulation(s):

6(1)(b) (information already available)
10(4)(d) (material in the course of completion)
10(4)(e) (internal communications)
11(2) (personal information)

The reasons why that exception(s) applies are explained in the attached Annex to this letter.

These exceptions are 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 exceptions. We have found that, on balance, the public interest lies in favour of upholding the exceptions. With regards to these specific exemptions, we do recognise that there is some public interest in release for an open and transparent government. However, we consider that these exceptions need to be upheld as topics were discussed at preliminary stages of consideration when private space to discuss is essential.

Additional information

There is no blanket ban on wood burning stoves and these can continue to be used in existing buildings, and in case of emergency in new buildings. The latter provision was included in the New Build Heat Standard, in direct response to consultation feedback, to recognise the unique needs of Scotland’s rural and island communities. However, we acknowledge that the way in which the technical guidance which accompanies the New Build Heat Standard is currently drafted on what constitutes emergency heating can be difficult to reconcile with the nature of wood burning stoves which are often installed for more frequent use, rather than solely as emergency systems.

The Minister for Climate Action, Dr Alasdair Allan, has now written to Local Authorities to issue a Direction to accompany the implementation of the New Build Heat Standard.

This Direction permits, for domestic buildings, the installation of bioenergy heating (biofuels and biomass) and peat heating systems. It is akin to the position before the New Build Heat Standard came into force on 1 April 2024, where no restrictions were placed on the use of either of these fuel types. Please note that peat is not classed as bioenergy and is considered alongside fossil fuels.

The relaxation of the standard applies to the installation of both main and secondary systems using bioenergy and peat. Any main or secondary systems which use direct emission heating, and are not classed as bioenergy or peat would not meet standard 6.11.

Further information is available at New Build Heat Standard: factsheet - gov.scot (www.gov.scot)

The Ministerial letter can be found at www.gov.scot/publications/new-build-heat-standard-direction

This Direction will be revoked once the outcome of the current review is implemented via an amendment to building regulations. The review is now concluding with an amendment scheduled as soon as possible and by December 2024.

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