Springfield Group housing development correspondence: EIR release

Information requested

• Any correspondence, notes or minutes, including any attachments, relating to the opening of the Springfield Group housing development at Ferrylea in Forres on 29 August; and
• Any correspondence, including any attachments, regarding the Springfield Group properly developers from April to October 2024.

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 most of the information you requested and include the following:

1. Email SG to GHA 29 July 2024 11:48
2. Email GHA to SG 29 July 2024 11:59
3. Email GHA to SG July 31, 2024 8:23
4. Email SG to GHA 31 July 2024 08:41
5. Email GHA to SG July 31, 2024 9:08
6. Email SG to GHA 31 July 2024 09:19
7. Email GHA to SG July 31, 2024 9:20
8. Email SG to GHA 06 August 2024 09:56
9. Email SG to GHA 12 August 2024 15:48
10. Email GHA to SG 16 August 2024 14:51
11. Email SG to GHA 21 August 2024 13:55
12. Speech Lines
13. Briefing Pack
14. Note from Moray summer tour
15. Email SG to Springfield 12 August 2024 15:27
16. Email from Springfield to SG 13 August 2024 at 08:22
17. Email from Springfield to SG August 15, 2024 6:09
18. Email SG to Springfield 16 August 2024 16:25
19. Email from Springfield to SG, April 17, 2024 2:30
20. Email SG to Springfield Thursday, April 18, 2024 5:05
21. Email from Springfield to SG April 19, 2024 8:50 [
22. Email SG to Springfield April 19, 2024 9:05
23. Email from Springfield to SG June 3, 2024 2:53
24. Email SG June 2024 11:52
25. Email to SG 05 June 2024 12:01
26. Email SG to Springfield June 18, 2024 11:41
27. Email from Springfield to SG July 25, 2024 3:53
28. Email SG to Wheatley July 25, 2024 4:37
29. Email Wheatley to SG 25 July 2024 16:56
30. Springfield to SG planning 24 October 2024 12:05
31. SG planning to Springfield 24 September 2024 16:04
32. Springfield to SG planning September 20, 2024 2:30
33. SG planning to Springfield 20 September 2024 13:56
34. Springfield to SG planning September 20, 2024 11:20
35. Springfield to SG planning September 12, 2024 4:07
36. EAC to Springfield 12 September 2024 15:44
37. Springfield to EAC 12 September 2024 11:52
38. EAC to Springfield 12 September 2024 11:14
39. SG internal 03 May 2024 16:13
40. Letter from Springfield to Council 30 April 2024
41. Email SG to Springfield 07 May 2024 09:20
42. Constituent office email to SG May 1, 2024 5:29
43. Email Springfield to constituency office 01 May 2024 13:59
44. Cover letter SG to Springfield 22 May 2024
45. Email SG to Springfield 22 May 2024 10:23
46. Letter from Springfield to SG dated 21 May 2024
47. Letter from Springfield to SG dated 25 July 2024
48. SG letter to Springfield 19 August 2024
49. SG cover email 19 August 2024
50. SG email 25 July 2024 15:18
51. Email Springfield July 25, 2024 2:54
52. Email SG 19 August 14.06

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

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 an exception(s) under regulations 10(4)(e)(Internal communications) and 10(5)(e) - Confidentiality of commercial or industrial information of the EIRs applies to that information. The reasons why that exceptions applies are explained in the Annex to this letter.

Annexes to the Standard Response- Reasons for not providing information

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

This includes Documents: 1-11, 13, 15-51.

An exception applies An exception under regulation reg 10(4)(e) (internal communications) of the EIRs applies to some of the information you have requested.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception.

We recognise that there is some public interest in releasing this information as part of an open, transparent and accountable government, and to inform public debate. However, this request relates to ongoing work, and there is a need for free and frank exchanges between officials and Minister to allow Ministers to agree Scottish Government policy, this exception applies as this relates to reg 10(4)(e) (internal communications).

This includes Documents: 13 and 39.

An exception applies An exception under regulation reg 10(5)(e) - Confidentiality of commercial or industrial information of the EIRs applies to some of the information you have requested.

This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception.

We recognise that there is some public interest in releasing this information as part of an open, transparent and accountable government, and to inform public debate. However, this request relates to competitively tendered work, this exception applies as this relates to reg 10(5)(e) - Confidentiality of commercial or industrial information.

This includes Documents: 19, 20, 23, 26-28.

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.

EIR 202500451593 - Information released - Springfield Request

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