Sanqhuar II aviation condition discharge queries: EIR release

Information requested

I am writing to enquire whether condition 5 (NATS En Route Aviation Radar), condition 6 (Aviation – Instrument Flight Procedures) and/or condition 7 (Glasgow Prestwick Airport) set out in the Scottish Ministers’ grant of consent to the Sanquhar II windfarm (ECU00001801) have been discharged and seeking copies of the relevant discharge documentation pertaining to the same.

In respect of condition 5, please provide a copy of the Primary Radar Mitigation Scheme submitted to and approved by the Scottish Ministers and Dumfries & Galloway Council.

In respect of condition 6, please provide a copy of the Scottish Ministers’ confirmation in writing (under condition 6(2)) that the Developer has put in place a binding undertaking to pay the sums set out in condition 6(2).

Please also provide, if available, the confirmation from Glasgow Prestwick Airport Limited to the Scottish Ministers under condition 6(1).

Finally, in respect of condition 7, please provide copies of all correspondence and documents pertaining to the Windfarm Mitigation Scheme submitted to and agreed in writing by the Scottish Ministers under condition 7(1) and the Scottish Ministers’ confirmation in writing (under condition 7(3)) that the Developer has put in place a binding undertaking to pay the sums set out in condition 7(3).

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 some of the information you requested, entitled Annex A.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested owing to the following exception(s) under regulation(s) of the EIRs applies to that information:

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

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 202500477025 - Information released - Annex A

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