- 14 Sep 2017
FOI reference: FOI/17/02022
Date received: 3 September 2017
Date responded: 13 September 2017
As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004(EIR), 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, 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.
Since 1 January 2015, 100 appeals have been referred from the City of Edinburgh Council to the Scottish Government. The first attachment provides the case references, addresses and appeal outcome for each of the 100 appeals. The second attachment provides a summary of how many of these appeals were allowed, allowed in part, dismissed, no jurisdiction to consider or are still live.
The information you have requested regarding the reason(s) why the appeals were granted and the methods of determination is available from the Planning and Environmental Appeals Division website SG Appeals Division
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 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
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House