You asked for “All mainland and marine license applications submitted by Peel Ports to Marine Scotland - Licensing Operations Team, for all projects, from the time Peel Ports took possession of the Hunterston site.”
I requested clarification “In order to identify and locate the information that you have asked for we need some further information from you. From my investigations Peel Ports acquired Hunterston in 2003. In particular, it would be helpful to know if you are requesting applications for all projects for all the ports that Peel Ports own in Scotland since 2003 or whether you are requesting all applications submitted by Peel Ports since 2003 for the Hunterston site.”
You responded “A copy of all contracts and applications for all projects submitted by Peel Ports and all resultant decisions, survey results, impact studies for all of their properties owned in Scotland, since 2003.”
I acknowledged “Thank you for your clarification of 4 September 2019. I will reply giving you requested details on Peel Ports applications submitted to Marine Scotland.”
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.
Information that we supply in response to a request may be subject to copyright protection. This will be Crown Copyright if the information was produced by the Government or, if it was supplied by an external body or person, the copyright will belong to that body or person. The applicant may infringe the copyright if he/she makes multiple copies or issues copies to the public.
1. I enclose a copy of most of the information you requested in electronic form.
2. Some of the information you have requested is available from http://marine.gov.scot/search/content/06848.
3. 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 information of a third party) of the EIRs applies to that information. The reason why that exception applies is explained in the Annex to this letter.
Please find attached the Letter of Response above and associated documents in the Dropbox link below.
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 Andrews House
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