Information related to PPA-250-2419 Appeal Decision: EIR Review

Information requested

Original request 202500473497

RE case PPA-250-2419

Thank you for your correspondence. We really cannot fathom how on earth you could conclude that this was a security essential for a facility that for the last 2 years has not had any notable security incidents, has a restricted view of the site and which is much larger than is functionally required. We also cannot understand why a building (for 365 day security purposes) can be permitted to be unoccupied for 6 months before needing to be removed. It appears your office has once again been duped.

To help us understand this and fact check the submissions made please provide me with all information related to the case file. For avoidance of doubt that is a request under the Environmental Information Regulations (Scotland).

Please also advise why we were not given the opportunity to respond to or comment on the applicants specific submissions - a clear breach of natural justice.

Response

I have now completed my review of our response to your request under the Environmental Information (Scotland) Regulations 2004 (EIRs) for all information related to the case file PPA-250-2419.

I have concluded that a different decision should be substituted.

As a result, I enclose a copy of some of the information you have requested:

• C007b 2400458FULL CONFIDENTIAL Financial Justification_Redacted
• C007a 2400458FULL CONFIDENTIAL Financial Justification_Redacted

An exception under regulation 10 (5)(f) of the EIRs applies to some of the information you have requested. It is my view that disclosure could compromise the appellant’s commercial position by revealing strategic financial insights to competitors, potentially resulting in economic harm. While the impact on the appellant is not the sole factor, it is a relevant consideration in assessing the likelihood of substantial prejudice.

The confidential marking of the documents indicates a level of trust placed in the authority, and the information was provided voluntarily, without any legal obligation. In line with the relevant guidance, this exception has been applied on a case-by-case basis, considering the specific context of the documents.

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 release because planning cases are of public interest, and that disclosure of these documents could contribute to public understanding of certain aspects of the appeal, particularly any economic arguments. I also recognise that the documents were submitted in support of the planning appeal. However, the financial and commercial nature of the information means that disclosure could offer competitors a commercial advantage. While the potential impact on the appellant is not the only consideration, it remains relevant.

I also recognise that the public may have concerns about the proposal and its impact on the local area and community. There are, however, other opportunities for public engagement within the appeal process. Additionally, other supporting documents covering flooding and drainage, transportation and road safety, trees, design, biodiversity, and more are already publicly available. Lastly, the planning authority in this case also received a copy of the documents supplied directly by the appellant.

Taking all of this into account, I do not consider that full disclosure of the two documents would significantly enhance public understanding of the decision. I therefore conclude that the public interest in maintaining the exception and withholding the information outweighs the public interest in making it available.

You also requested as part of the review “There are no communications between staff, no notes from the site visit, no case discussions and no drafts”

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore, we are refusing this part of your request under the exception at regulation 10(4)(a) of the EIRs.

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 202500476941 - Information released - Annex

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