Windfarm applications and appeals from 2018 to 2021: EIR release
Information request and response under the Environmental Information (Scotland) Regulations 2004
Information requested
Information concerning windfarm applications and appeals in the period 2018 to 2021; how many were accepted/rejected; and a list of those applications/appeals.
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 all of the information you requested. There are two spreadsheets - one covers Section 36 applications made under the Electrity Act and the other applications/appeals made under planning legislation. Included in these lists are cases that are still live and no decision has yet been made.
For the Section 36 applications all the information requested is in the spreadsheet. For planning cases further information is in the table below (15 cases are still live and no decision issued yet:
|
|
Cases Refused by Council and DPEA |
Cases refused by Council and Allowed by DPEA |
Conditions Imposed and Allowed by DPEA |
Conditions Imposed and Refused by DPEA |
Failure to give decision and refused by DPEA |
Failure to give a decision and allowed by DPEA |
Case Withdrawn when with DPEA |
No Jurisdiction to Consider |
| 2018 |
6 |
5 |
1 |
0 |
0 |
0 |
1 |
0 |
| 2019 |
5 |
1 |
0 |
0 |
1 |
1 |
1 |
0 |
| 2020 |
2 |
0 |
0 |
0 |
0 |
3 |
1 |
0 |
| 2021 |
0 |
3 |
0 |
0 |
0 |
0 |
1 |
1 |
In addition to the cases contained in the spreadsheets Scottish Ministers called in applications from Orkney Islands Council for three planning applications, all for 6 turbines, at Faray, Qunaterness and Hoy in Orkney. Planning permission was granted for the latter two proposals on 21 December 2021 whilst the Faray proposal is still live.
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
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