AECS Inspection and Re-mapping at Kirkhill Farm, Elgin: EIR response

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

FOI reference: FOI/18/01172
Date received: 13 April 2018
Date responded: 4 May 2018

Information requested

All correspondence or e-mails held on file relating to an AECS Inspection and Re-mapping at Kirkhill Farm, Elgin, and in particular the way in which the solar panel array was dealt with in this latter case.


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.

I enclose a copy of all the relevant correspondence and or e-mails relating to the AECS Inspection and Re-mapping at Kirkhill Farm, Elgin.

  • E-mail last dated 31 October 2017 seeking clarification if a Solar Panel Renewable Energy Farm is eligible for BPS. This issue/query had been raised previously with another Producer/Business. As the guidance received from Headquarters was deemed relevant, this was used to determine the findings.

  • Annex C - Farm Code Report.

  • Scotland Rural Development Programme – Inspection Report Form, including Breach Report.

  • Updated map as a result of the Inspection.

About FOI

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

FOI-18-01172 Annex C - Farm Code Report maps.pdf
FOI-18-01172 - related documents - map.pdf


Please quote the FOI reference

Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road

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