- 17 Jun 2020
Date received: 17 Apr 2020
Date responded: 10 Jun 2020
Copies of all information (including but not limited to the information contained in every report, correspondence including text messages, letters and emails (both internal and external and including attachments), meeting agendas and minutes, memos and telephone notes) held by the Scottish Government and which relates to the Coul Links Development created between the end of the public local inquiry in March 2019 and the issuing of the decision of the Scottish Ministers on 20 February 2020.
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.
An exception under regulation 11(2) of the EIRs applies to some the information you have requested.
This covers information belonging to a third party, this has been applied to protect individual identities and private details.
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 of the scale of the case . However, this is outweighed by the public interest in maters relating to General Data Protection Regulation (GDPR).
Due to the size of the files we are unable to upload the documents referred to above.
If you wish to consider, please contact us at the address below and we will be happy to provide.
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 Andrews House