Perth and Kinross Council 'Main Issues Report - Local Development Plan' correspondence: EIR release
Information request and response under the Environmental Information (Scotland) Regulations 2004.
Information requested
“I refer to a document produced by Perth and Kinross Council entitled 'Main issues Report - Local Development Plan' dated September 2010 which is available to view and download at the following web address: https://www.pkc.gov.uk/media/3634/Main-Issues-Report/pdf/MIR_for_publication_updated_small.pdf?m=636099674055700000
On page 12 it states: "In preparing the MIR, the council has engaged with and considered the views expressed by public agencies (SNH, SEPA, Scottish Water, Scottish Enterprise, TACTRAN, NHS, Historic Scotland, Transport Scotland and the Forestry Commission)."
I would therefore like to ask for copies of all documents Transport Scotland sent to or received from PKC during this process as well as copies of all correspondence between Transport Scotland and PKC regarding this process.”
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.
I enclose below a copy of some of the information you requested in the format you asked for.
Annex A – Email chain from [Redacted] to [Redacted] on MIR meeting – 04 February 2010
Annex B – Email from [Redacted] to [Redacted] accepting meetings – 05 February 2010
(i) – Attachment - Summary of Site Proposal & Assessment Form (Combined)
Annex C – Email Stakeholder meeting – 16 February 2010
(i) – Attachment - Topic Paper 6: Housing Land Supply
(ii) – Attachment - Topic Paper 6a Core Sites
(iii) – Attachment - Agenda - 19 February 2010
Annex D – Email Stakeholder meeting for 19 March 2010 – 16 March 2010
(i) – Attachment - Topic paper 2 - Waste Management
(ii) – Attachment - Topic Paper 8 Landscape Strategy
(iii) – Attachment - Topic Paper 8a Northern Sites
(iv) – Attachment - Topic Paper 8b Southern Sites
(v) – Attachment - 19 March 2010 Agenda
Annex E – Email chain from [Redacted] sending Perth and Kinross Council Draft Main Issues Report to [Redacted] and {Redacted] – 10 September 2010
(i) Attachment – Appendix 1 – Perth & Kinross Council Draft Main Issues Report
Annex F – Email chain Perth and Kinross Local Development Plan - Draft Main Issues Report – 15 September 2010
(i) Attachment – Appendix 1 – Perth & Kinross Council Draft Main Issues Report
Annex G – Email from [Redacted] to [Redacted] acknowledging his response Perth and Kinross Local Development Plan – Draft – 15 September 2010
Annex H – Email - Perth & Kinross Local Development Plan - Draft Main Issues Report - Initial Transport Scotland Comments - Letter To [Redacted] From [Redacted] – 28 September 2010
(i) Attachment – Perth and Kinross Council Local Development Plan Draft Main Issues Report
Annex I – Letter - Perth and Kinross Local Development Plan: Main Issues Report: Environmental Report – 08 October 2019
Annex J – Email from [Redacted] to [Redacted] outlining MIR Invitation to Local Development Plan Main Issues Report Climate Change workshop – 16 November 2010
(i) Attachment – Climate Change Agenda
Annex K – LDP Newsletter – Autumn 2010
Annex L – Letter from [Redacted] to [Redacted] outlining Local Development Plan Main Issues Report Consultation - Consultation Extension – 16 December 2010
Annex M – Email chain from [Redacted] to [Redacted] outlining Perth and Kinross Local Development Plan – 18 April 2011
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Appendix 1 – Draft Main Issues Report document
Reasons for not providing information
An exception applies
An exception under regulation Regulation 11(2) Third Party Personal Data - General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA 2018) of the EIRs applies to some the information you have requested.
This is applicable to all information listed as ‘Redacted’.
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.
We recognise that there is some public interest in release because the.requester has a “legitimate interest”, it is good practice for public authorities to ask the requester why they want the information. However, this is outweighed as disclosing the personal data would breach the data protection principles (see regulation 11(3)(A)), therefore there is no need to consider the public interest test in this instance, allowing for the personal data can be withheld.
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.
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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