Tree felling permissions: EIR release

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


Information requested

You asked for the following information in relation to site 4.H18 “Meadowburn Avenue” in the East Dumbartonshire Council:

1. In respect of any consultation with Scottish Forestry since 1/1/24 about the aforementioned development site in respect of the trees and their removal.

2. About the requirements for the removal of the aforementioned trees.

3. About what constitutes a woodland and plantation respectively.

4. How it is determined if a tree is a natural creation.

5. Any requirement for the developer and the Planning Authority to consult with Scottish Forestry in respect of proposals for these trees and their removal.

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.

Please see response in Annex below.

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 202500451604 - Information Released - Annex

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

Back to top