- 6 Apr 2018
FOI reference: FOI/18/00668
Date received: 1 March 2018
Date responded: 29 March 2018
In relation to a tree felling operation which had taken place in conjunction with Transport Scotland on 27 January 2018 on A85 east of Gilmerton.
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.
Below is an Annex of information. The tree in question belongs to the landowner and to date he has not carried out any felling works. Our Operating Company, BEAR Scotland will again highlight the issue with the landowner and ask him to assess other trees of concern and take appropriate action. Should the landowner fail to respond to these requests by our operating company we will consider what further actions are appropriate. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs.
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 Andrew's House