Publication - FOI/EIR release

Solar farm and battery storage development in South Ayrshire associated with Loch Fergus: EIR release

Published: 4 January 2024
Directorate: Energy and Climate Change Directorate
Topic: Public sector
FOI reference: 202300341092
Date received: 31 January 2023
Date responded: 4 April 2023

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

Information requested

In relation to a solar farm and battery storage development in South Ayrshire associated with the names ‘Loch Fergus Solar Farm’, ‘Loch Fergus Farm’, Loch Fergus Solar Limited’ ‘Loch Fergus Solar’, for the following information:

Copies of all documentation, messages, emails, meeting minutes and notes regarding submissions, proposals, decisions and discussions to include all internal correspondence (both electronic and physical) and all external communications (both electronic and physical). You stated a preference to receive this information electronically.

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

I enclose a copy of some of the information you requested, in electronic format.

Some of the information you have requested is available from www.energyconsents.scot by searching ‘Loch Fergus’ and viewing the documents under reference number ECU00004622; and from https://www.south-ayrshire.gov.uk/planning/ and searching planning applications, under planning reference 22/01011/EIASCR. 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.

Aside from the documents referred to above, while our aim is to provide information whenever possible, in this instance we are unable to provide some of the information we hold in relation to your request because an exception under regulation 10 (4) (e) (internal communications) of the EIRs applies to that information. The reasons why that exception applies are explained in the Annex to this letter.

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.