Publication - FOI/EIR release

Damage to trees and property at Craigneath Castle: EIR release

Published: 14 November 2023
Topic: Public sector
FOI reference: 202200286765
Date received: 9 March 2022
Date responded: 5 April 2022

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

Information requested

All information on damage to trees and property at Craigneath Castle by Advance Construction (Scotland) Ltd. This should include detail of what was damaged, subsequent enforcement action and the outcome of any appeal into the restocking order.

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.

Response

I have attached copies of the information we hold.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exceptions under the following regulations: An exception under the regulation 11(2) of the EIRs applies to some of the information you have requested; Reg 11(2) (Personal data relating to third party).

The reasons why these exceptions apply are explained in Annex A to this letter.

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.