Forest plan and grant for An Suidhe, Dunachton Estate: EIR release

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


Information requested

The approved forest plan and the total amount of grant awarded for An Suidhe pinewood on the Dunachton Estate by Kingussie Reference 21FGS57683.

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.

Response

In respect of part a) of your request, attached to this letter are copies of the forest plan information. 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 the EIRs applies to some of the information you have requested.

The exception which applies is Regulation 11(2), personal data relating to a third party, applies to some of the information you have requested. This information has been redacted in the attached document.

In respect of part b) of your request on grant awards and payment 21FGS57683 – An Suidhe Pinewood.

There is a capital grant of £ 299,201.10 with a 2022 claim year. No claim has been received for this yet. There are Annual Recurrent payments totalling £ 161,216.10 ( £32,243.24 per year 2023 to 2027).

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

EIR - 202300345100 - information released - Annex A
EIR - 202300345100 - information released - Annex B

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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