Correspondence between Department of Planning and Environmental Appeals (DPEA) and Jackie Baillie MSP: EIR release

Information requested

“My request is for all correspondence and minutes of discussions between the Department of Planning and Environmental Appeals (DPEA) and Jackie Baillie MSP in relation to DPEA case reference PPA- 160-2034.”

Response

If I might firstly explain that, 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.

Most of the information you have requested is available from our website at the following link : Scottish Government - DPEA - Case Details (scotland.gov.uk), therefore as this information is already in the public domain, we would not re-release this. If you are unable to access the link above, please advise. I therefore attach 1 document, relating to all correspondence and minutes of discussions, which were not published to our website.

Please note that information within the documents provided relating to personal information such as 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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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.

FOI - 202200276765 - Information Released - Annex

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2 page PDF

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619.8 kB