Correspondence regarding land at Hunter Road and Old Mains Farm: EIR release

Information request and response under the Environmental Information (Scotland) Regulations 2004.

Information requested

  • Land at Hunter Road - Site S16: Please can we receive a copy of the response from the promoters of the site (643). In particular, we are interested to learn about what the promoters think are inaccuracies in the council's assessment of this site.
  • Land at Old Mains Farm - Site S25: Please can we receive a copy of the submissions put forward by the site promoter, including but not limited to their most recent flood risk assessment work.

If I might firstly explain that, as the information you have requested is "environmental information" for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIR's), 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 the 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 enclose a copy of the information you requested. The documents listed below are currently already published to our website and I have attached a list with links to enable you to access these for your convenience.

0661.001 - Housing Land Supply Statement – 012

0661.002 - Call for Sites Submission – 034

0661.003 - MIR Submission – 034

0661.004 - Landscape and Visual Appraisal – 034

0661.005 - Flood Risk Assessment – 034

0661.006 - Ecological Appraisal – 034

0661.007 - Transport Statement -034

0661.008 - Tree Survey – 034

0661.009 - Proposed Plan Submission – 034

Also attached is a copy of two documents not available to view on our website.

Please note that the information within the documents provided relating to personal information such as names/signatures/email addresses have been redacted in line with our privacy policy and in accordance with regulation11(2) of the EIRs (personal information), because that information is personal data of a third party and disclosing it would contravene the data protection Act 2018. This exception is not subject to the public interest test , so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

If it may help by way of background information, I also attach a copy of the schedule 4 for Issue 34 Housing Land Supply in Milngavie for your convenience.

Issue 034 - Housing Land Supply in Milngavie

As you likely know a schedule 4 is a form which must be used by the planning authority to group together all the related (unresolved) matters raised in representations. These unresolved matters, when grouped together, are the ‘Issues’ for the examination. This grouping may be done by town or village, under a policy or site heading or by subject such as housing or transport. The schedule 4 form provides a ‘summary’ of the Issues raised and the planning authority will add its own response to the schedule 4 form (including its reasons for not making any further changes to the plan). The reporters task is to reach conclusions and recommendations on each of the Issues raised and presented by the planning authority. The schedule 4 form(s) are used as the framework for the report of the examination and are designed to guide the reporter through all the information required to reach his or her conclusions. The reader can view the Issues raised, the authority’s response and (once the examination has concluded) the reporter’s conclusions and recommendations for each Issue. In this case the sites you raise are documentation within Issue 34.

If it may be of some assistance here is a guidance note for people who have submitted representations, I hope this may be of some use.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at

202200293333_0643_Hunter Road_Redacted


Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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