Information pertaining to agricultural viability reports: EIR Release

Information requested

Thank you for your request dated 5 December 2023 under the Environmental Information (Scotland) Regulations 2004 (EIRs) for:

I refer to my previous correspondence regarding the concerns that both I and many neighbours surrounding Claygate feel about the approved planting scheme of Glencatholm and Albierrig, Claygate, Canonbie. [...] since you have not yet supplied any environmental and agricultural viability reports I am seeking this through Freedom of Information.
 

Response

Due to the volume of documentation covered by your request, copies of the information we hold will be emailed to you separately.

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 an exception under regulation 11(2) (Personal data relating to third party) of the EIRs applies to some of the information you have requested. This information has been redacted in the supplied documentation.

In addition:

• An exception under regulation 10(5)(e) of the EIRs (commercial confidentiality) applies to some of the information requested. This exception applies to information regarding the current operation and valuation of farming businesses. Information redacted under this exception has been marked accordingly in the supplied documentation.

• An exception under regulation 10 (5) (g) of the EIRs (protection of the environment) applies to some of the information requested because it would make public the exact locations of badger setts, and badgers are a protected species under the Protection of Badgers Act 1992. Information redacted under this exception has been marked accordingly in the supplied documentation.

Further explanation as to why these exceptions apply are explained in Annex A to this letter.

ANNEX A
REASONS FOR NOT PROVIDING INFORMATION

Personal data relating to third party

An exception under regulation 11(2) of the EIRs (personal information) applies to some the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of 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.

Commercial confidentiality

An exception under regulation 10(5)(e) of the EIRs (commercial confidentiality) applies to some of the information requested because it would make public information on the current operation and valuation of farming businesses.
This exception is subject to the ‘public interest test’. In this instance we consider that there may be a public interest in disclosing this information as it may contribute to the transparency of decision making on the application in question, but that this interest is outweighed by the public interest arising from maintaining the confidentiality of the businesses in question.

Protection of the environment to which the information relates

An exception under regulation 10 (5) (g) of the EIRs (protection of the environment) applies to some of the information requested because it would make public the exact locations of badger setts. Badgers are a protected species under the Protection of Badgers Act 1992, as amended by the Wildlife and Natural Environment (Scotland) Act 2011.

This exception is subject to the ‘public interest test’. In this instance we consider that while there may be a public interest in disclosing this information as it may contribute to the transparency of decision making on the application in question, this interest is outweighed by the public interest arising from the protection of this protected species from the potential risk that would arise from publishing their exact sett locations, for example from disturbance, obstruction or even sett destruction.
For more information please see Protected species: badgers | NatureScot.

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.

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.