Flamingo Land and Lomond Bank correspondence: EIR Review

Information requested

Original Request - 202500467101

‘Please provide all email correspondence, meeting minutes, memos, letters, phone call logs, and briefing documents exchanged between representatives of Flamingo Land / Lomond Bank (including its parent companies, subsidiaries, or agents) and:

• Scottish Enterprise
• Members of the Scottish Government, including Cabinet Secretaries, Ministers, and Special Advisors
• Officials within the Planning and Environmental Appeals Division (DPEA)

This request should cover the period from 1st January 2019 to the present. Please include all attachments and documents referenced in correspondence. Where documents are withheld, please cite the specific exemption(s) used and consider redaction rather than full refusal.’

Response

I have now completed my review of our response to your request under the Environmental Information (Scotland) Regulations 2004 (EIRs):

“Please provide all email correspondence, meeting minutes, memos, letters, phone call logs, and briefing documents exchanged between representatives of Flamingo Land / Lomond Bank (including its parent companies, subsidiaries, or agents) and:

a) Scottish Enterprise

b) Members of the Scottish Government, including Cabinet Secretaries, Ministers, and Special
Advisors

c) Officials within the Planning and Environmental Appeals Division (DPEA)

This request should cover the period from 1st January 2019 to the present. Please include all attachments and documents referenced in correspondence. Where documents are withheld, please cite the specific exemption(s) used and consider redaction rather than full refusal.”

I have concluded that a different decision should be substituted.

In regards to part a) of your request, I can confirm that the decision not to provide the information requested was correct, in accordance with regulation 10(4)(a) of the EIRs. This is because the Scottish Government does not hold the requested information, as Scottish Enterprise is a separate body from the Scottish Government, therefore we cannot access their records. Should you wish to make an information request to Scottish Enterprise, you can contact them at: FOI@scotent.co.uk.

Turning to parts b) and c) of your request, having completed a new set of searches through our electronic Records and Document Management system, I can confirm that we can now release more information than was initially provided to you. I enclose copies of the below documents that should satisfy parts b) and c) of your request:

• Document 1 – Email enclosing copy of an updated Proposal of Application Notice.
• Document 2 – Email exchanges between Transport Scotland and Stantec, discussing proposed works to the A82.
• Document 3 – Email Exchanges between Transport Scotland and Stantec, discussing plans, details, and cost estimates of proposed works to the A82.
• Document 4 – First attachment enclosed in Document 3.
• Document 5 – Second attachment enclosed in Document 3.
• Document 6 – Email exchanges between Transport Scotland, Stantec, Systra and West Dunbartonshire, discussing Stantec’s Summer Assessment.
• Document 7 - Email exchanges between Transport Scotland, Stantec, Systra and West Dunbartonshire, discussing Stantec’s Summer Assessment (second email chain).
• Document 8 - Press release on behalf of Lomond Banks.
• Document 9 – Email exchanges between DPEA and Stantec, advising “Updated Flood Risk Assessment” and “S48 Roads Agreement with Transport Scotland” documents to be sent to local authority.
• Document 10 – Email exchanges between DPEA and Stantec, discussing queries on appeal submission, and providing copies of documents previously submitted to DPEA.
• Document 11 – First attachment enclosed in Document 10.
• Document 12 – Second attachment enclosed in Document 10.
• Document 13 – Email exchanges between DPEA and Stantec, discussing Stantec’s access to Objective Connect.
• Document 14 - System generated submission form via ePlanning, submitting additional documents by Stantec.
• Document 15 – Email exchanges between DPEA and Stantec, acknowledging receipt of comments on conditions.
• Document 16 – DPEA response to unsolicited correspondence.

Please accept my sincere apologies that these were not provided to you initially.

However, while our aim is to provide information wherever possible, we are unable to provide all of the information you have requested, and some information has been identified as person information. Therefore, an exception under regulation 11(2) of the EIRs (personal information) applies to documents 1, 2, 3, 6, 7, 9, 10, 13, 14, 15, and 16 because some of the information contained is personal data 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.

You will also wish to note that some information has been withheld as it is not within the scope of your request.

In documents 1, 9 and 16 you will also notice that there are references to documents that have not been enclosed in this release. This is because they are available from the Loch Lomond and the Trossachs National Park Site, DPEA Case Management System, and University of Stirling website:

• Updated Proposal of Application Notice, and Updated Appendix A -Proposal of Application Notice - https://eplanning.lochlomond-trossachs.org/OnlinePlanning/applicationDetails.do?activeTab=documents&keyVal=QUFANVSI0AA00
• FLL084 - Updated Flood Risk Assessment Part 006 of 013 - https://www.dpea.scotland.gov.uk/Document.aspx?id=1055109
• FLL033 - S48 Roads Agreement with Transport Scotland - https://www.dpea.scotland.gov.uk/Document.aspx?id=1055013
• Thesis: Flooding induced changes in the mobility, bioaccessibility and solid phase distribution of potentially harmful elements - https://www.storre.stir.ac.uk/handle/1893/30384

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the websites listed, then please contact me again and I will send you a paper copy.

I hope that you find this information helpful, and trust that this satisfies your request.

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 202500478503 - Information Released - Annex

File type

PDF

File size

11.4 MB