Planning appeal by Forbes Homes Limited - Inchgarth Farm, Aberdeen: EIR release

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

Information requested

Thank you for your request dated 15 March 2019 under the Freedom of Information (Scotland) Act 2002 (FOISA) to request all documents contained within the case file PPA-100-237.


As you know, 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 to your request
I attach a copy of the decision notice which is the only document that is still available.

While our aim is to provide information whenever possible, in this instance we are unable to provide the rest of the information you have requested because an exception(s) under regulation(s) 10(4)(a) (information not held at time of your request). The reason why that exception(s) applies is because the Scottish Government’s file retention policy is 10 years from the date the file has been closed, after which all documentation, apart from the decision notice, is destroyed.


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-19-00829 Information released


Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

Back to top