- 30 Jul 2020
Date received: 12 Jun 2020
Date responded: 10 Jul 2020
Letters received from, and any correspondence, meetings, communications and discussions between Advance Construction (Scotland) Ltd and it's representatives, including James Martin Shields (also known as Seamus Shields) and the Scottish Government and Scottish Ministers from 2017 to the date of this FOI request.
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.
I have enclosed copies of correspondence that fall within the remit of your request that are not currently published to the web. Where several documents relate to the same case or appeal, this has been indicated within the names of the documents. There are 58 documents in total.
Some further information is available from:
ADE-400-2002 - http://www.dpea.scotland.gov.uk/CaseDetails.aspx?id=120944
and PPA-320-2144 - http://www.dpea.scotland.gov.uk/CaseDetails.aspx?id=121069.
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 webpages listed, then please contact me again and I will send you a paper copy.
Documents 30 and 54 refer to attachments which can only be opened using the appropriate traffic modelling software which the Scottish Government do not have. All other attachments referred to within the documents are complete and included.
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