Planning applications with SEPA objections: EIR release

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


Information requested

To provide the annual number of notified planning applications with unresolved SEPA objections (due to flood risk) and their results over the last 5 years (so 2018-2023).

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 enclose a copy of all the information you requested. This document sets out the number of applications notified to Scottish Ministers with an outstanding SEPA objection. The notification requirement allows Scottish Ministers to consider whether the proposal raises implications in respect of national policy to warrant the application being called in for their determination, or if the application should remain with the local authority for a decision to be taken at local level.

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.

FOI 202300379526 - Information released - Annex A

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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