- 3 Jun 2020
Date received: 14 May 2020
Date responded: 1 Jun 2020
“…all information, held by you or on your behalf which shows or tends to show any and all communications, of whatever nature, between the Bunbrae Residents Association (BRA) - (to include, without limitation, any person representing or purporting to represent the BRA) and the Scottish Government (to include, without limitation any and all [employees, officers, agents, member, and / elected representatives thereof] which relates in any way to the access road from Mosshead Road to the Burnbrae Hotel (as further described in the map annexed hereto).”
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.
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