Publication - FOI/EIR release

Discussions Chief Planning Officer-withdrawal of draft planning advice: EIR release

Published: 21 Jun 2018

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

Published:
21 Jun 2018
Discussions Chief Planning Officer-withdrawal of draft planning advice: EIR release

FOI reference: FOI/18/01453
Date received: 23 May 2018
Date responded: 20 June 2018

Information requested

Information about the decision to withdraw the Draft Planning Delivery Advice on Housing and Infrastructure specifically, discussions between the Chief Planning Officer, the Housing Minister, the Strategic Development Planning authorities third party development groups before any decision was made.

Response

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the specific information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reasons why that exception applies are explained in the Annex to this letter.

However, please find attached a copy of the submission to the Minister for Local Government and Housing of 22 November 2017 which sets out the reason why the advice was withdrawn.

Reasons for not providing information

The Scottish Government does not have the information Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information you have requested because the decision was based on officials' analysis of responses to the consultation which led to the preparation of advice that was then submitted to the planning Minister.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in providing more information about the draft Planning Delivery Advice on Housing and Infrastructure clearly we cannot provide information which we do not hold.

An exception under regulation 10(4)(a) – Information not held. This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception because we cannot provide information which is not held.

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Contact

Please quote the FOI reference

Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG