Publication - FOI/EIR release

Windfarm planning appeals submitted after refusal from local authority: EIR release

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

Published:
31 Aug 2021
Windfarm planning appeals submitted after refusal from local authority: EIR release
FOI reference: FOI/202100229030
Date received: 6 Aug 2021
Date responded: 17 Aug 2021
Information requested

how many planning appeals by developers of windfarms have been lodged with the Scottish Government in the past 10 years against the "deemed refusal" of the planning application by the local planning authority. You have asked that this be broken down by wind farm development an the outcome.

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.

Attached is a copy of all information requested. 

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