Woodland removal within Stonebyres estate: EIR release

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


Information requested

Information on all requests relating to woodland removal/felling/replanting for areas within the Stonebyres estate for the last 20 years. Postcodes ML119UW/L/P

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 can confirm that there has been two felling approvals within the specified location and time frame you requested. The grid reference for both approvals are listed below:

  • Central Grid Reference: NS841433
  • Central Grid Reference: NS846434

You can view these on the Scottish Forestry Map Viewer online at: Scottish Forestry Map Viewer (arcgis.com)

Attached is a copy of the approvals in PDF format.

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 exceptions under the following regulations:

An exception under the regulation 11(2) of the EIRs applies to some of the information you have requested; Reg 11(2) (Personal data relating to third party).

The reasons why these exceptions apply are explained in Annex A.

ANNEX A

REASONS FOR NOT PROVIDING INFORMATION

An exception under regulation 11(2) of the EIRs applies to some of the information you have requested. Reg 11(2) (Personal data relating to third party).

An exception under regulation 11(2) of the EIRs (personal information) applies to some the information requested because it 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.

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.

FOI202100255575 - Information released

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

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