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Black Law Wind Farm s36 Application IEC 3/34: EIR release

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


Information requested

“I would like to submit a FOISA request for a copy of the above (Black Law Wind Farm) s36 application and all related documentation, which was consented in 2004 and is not available through the ECU’s online portal.”

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.

Response to your request

Please find attached a copy of all related documentation that we hold in relation to the Black Law Wind Farm application.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

Contact

Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

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