Tree felling near Loch Arklet Dam: EIR release

Information requested

The tree felling work was a direct result of a mandatory compliance requirement a Statutory Plant Health Notices (SPHNs) served on Scottish Water by Scottish Forestry the regulator, in relation and specifically to the infected diseased (phytophthora ramorum) larch trees.

1. Scottish Forestry Statutory Plant Health Notice (SPHN)

2. Scottish Forestry Felling Permission Number FPA10402

3. All the test sampling analysis, results and documentation covering the period from the initial first dates to present for the identification of the diseased larch trees. The main supporting documentation relied upon for the issuance of the Scottish Forestry Statutory Plant Health Notice (SPHN).served on Scottish Water.

Under the FOI we request unredacted copies, any redacted copies previously sent by Scottish Forestry as the regulator are required to justify and provide a valid reason for any redactions.

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.

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) 11(2) of the EIRs (personal information) applies to some of the information you have requested. Please see Annex A for the reason this exception apply.

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 of 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.

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 https://www.gov.scot/foi-responses.