Publication - FOI/EIR release

Green belt applications: EIR release

Published: 25 Aug 2021

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

Published:
25 Aug 2021
Green belt applications: EIR release
FOI reference: FOI/202100228378
Date received: 5 Aug 2021
Date responded: 17 Aug 2021
Information requested

1. The number of green belt applications approved by council's since 2018 broken down by council.
2. How many green belt applications approved by reporters on appeal when the council has rejected the application.
3. How many appeals by property developers have been lodged following the failure of the local authority to make a decision on the application - broken down by planning authority, site address, reason the application not decided by the council and number approved.

Response

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 attach a copy of some of the information you requested in relation to question 3. This relates to the request for all bar the reason the application was not decided by the council. 

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 in "1" and "2" and also in "3" in relation to your request for the reason the council did not decide the application because this information is not collected by the Scottish Government.

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 information about planning applications and appeals clearly we cannot provide information which we do not hold.

About FOI

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.

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG