Licensing and planning permissions for jetty at Dungallan Park, Oban: EIR release

Information requested

Full details of licensing and planning permissions related to the landing stage, pontoon, bridge, and jetty at Dungallan Park, Gallanach Road, Oban, PA34 4PD, currently under the management of Oban Bay Community Berthing.

Full planning permissions for the landing stage, including the date of issue, purpose, and any associated conditions.

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 havefound 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 some of the information requested. 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 10(4)(a) Information not held and Regulation 11(2) Personal information of a third party of the EIRs applies to that information. The reason why these exceptions apply is explained in the Annex to this letter.

Most of the information you have requested regarding the licences is publicly available at the follow links :-

• Marine Licence - Slipway Maintenance - Gallanach, Oban - 00009993/00010337 | marine.gov.scot
• Marine Licence - Mooring - Gallanach, Sound of Kerrera - 07290/00008798 | marine.gov.scot
• Marine Licence - Moorings - Oban Bay - 07156/00010117 | marine.gov.scot.

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988. You are free to use it for your own purposes, including any non-commercial research you are doing and for the purposes of news reporting. Any other re-use, for example commercial publication, would require the permission of the copyright holder. Most documents supplied by the Scottish Government will have been produced by government officials and will be Crown Copyright. You can find details on the arrangements for re-using Crown Copyright material on the National Archives website at: http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/ 

Information you receive which is not subject to Crown Copyright continues to be protected by the copyright of the person, or organization, from which the information originated. You must ensure that you gain their permission before reproducing any third party (non Crown Copyright information).

ANNEX

REASONS FOR NOT PROVIDING INFORMATION

Information not held

Regulation 10(4)(a) of the Environmental Information (Scotland) Regulations 2004 (the EIRs) allows public authorities to refuse to make environmental information available if they don’t hold the information when the request is received. This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in the full planning permissions for the landing stage we cannot provide information which we do not hold.

Personal Information of a third party

Regulation 11(2) – To the extent that environmental information requested includes personal data of which the applicant is not the data subject and in relation to which either the first or second condition set out in paragraphs (3) and (4) is satisfied, a Scottish public authority shall not make the personal data available.

An exception under regulation 11(2) of the EIRs (personal information of a third party) 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.

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.

EIR 202400445290 - Information released - Annex

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