Publication - FOI/EIR release

Communications regarding access to Burnbrae Hotel from Mosshead Road: EIR release

Published: 3 Jun 2020

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

3 Jun 2020
Communications regarding access to Burnbrae Hotel from Mosshead Road: EIR release
FOI reference: FOI/202000037035
Date received: 14 May 2020
Date responded: 1 Jun 2020
Information requested

“…all information, held by you or on your behalf which shows or tends to show any and all communications, of whatever nature, between the Bunbrae Residents Association (BRA) - (to include, without limitation, any person representing or purporting to represent the BRA) and the Scottish Government (to include, without limitation any and all [employees, officers, agents, member, and / elected representatives thereof] which relates in any way to the access road from Mosshead Road to the Burnbrae Hotel (as further described in the map annexed hereto).”


As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004(EIR), 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, 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 the information you requested. Please note that some of the information within the documents provided (names/signatures/email addresses) have been redacted in line with our privacy policy and in accordance with regulation 11(2) of the EIRs ( personal information), because that information is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the public interest test, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

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