Scottish Forestry information on Whitslaid woodland creation scheme: EIR release

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


Information requested

I would like to make a FOI/EIR request in relation to the Whitslaid woodland creation scheme (25FGS84879).

Have the forestry applicants/agents made an application for a screening decision for Whitslaid?

If so, what date was this application made?

Please could Scottish Forestry in relation to Whitlsaid provide the following information (as it appears Scottish Forestry have failed to provide this information to the local community):

1. Ornithological surveys

a. Breeding Bird Survey

b. Wintering Bird Survey

c. Raptor Surveys

d. Black grouse surveys

2. Phase 1 Habitat Survey or UKHab Survey

3. National Vegetation Classification Survey

4. Groundwater Dependent Terrestrial Ecosystem survey and/or assessment

5. Fungi Survey including waxcap fungi and CHEGD (Clavarioids, Hygrocybe, Entoloma, Geoglossum and Dermoloma spp.)

6. Invasive Non-Native Species (INNS) including Japanese knotweed, rhododendron, fewflowered garlic etc.

7. Amphibian surveys including great crested newt

8. Reptile Surveys

9. Badger Survey

10. Riparian mammal Survey (otters and water voles)

11. Bat Surveys including Ground Level Tree Assessment of trees and Preliminary Roost Assessment of structures (buildings, bridges, culverts etc.)

12. Invertebrate Surveys (terrestrial and aquatic)

13. Butterfly Surveys including northern brown argus, small heath and small pearl bordered fritillary (UKBAP/SBL species) 

14. Fisheries Survey (including electrofishing) to assess importance of salmon spawning tributaries for the River Tweed Special Area of Conservation

 

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.

Part 1 of the request

1. Have the forestry applicants/agents made an application for a screening decision for Whitslaid? If so, what date was this application made?

No application to provide an EIA screening opinion has been received by Scottish Forestry. The original FGS application (25FGS84879) was received by Scottish Forestry on 16 May 2025. This application was returned to the applicant as the application was not complete.

Part 2 of the request

Please could Scottish Forestry in relation to Whitlsaid provide the following information (…)?

1. Ornithological surveys

a. Breeding Bird Survey

b. Wintering Bird Survey

c. Raptor Surveys

d. Black grouse surveys

See enclosed Ecology Report and Ecological Survey Summary – this contains information on breeding birds and Black Grouse. No information was provided on wintering birds or raptors.

2. Phase 1 Habitat Survey or UKHab Survey

See enclosed Ecology Report and Ecological Survey Summary – contains information on Phase 1 Habitat Survey.

3. National Vegetation Classification Survey

See enclosed Ecology Report and Ecological Survey Summary – contains information on Vegetation Classification Survey.

4. Groundwater Dependent Terrestrial Ecosystem survey and/or assessment

See enclosed Ecology Report and Ecological Survey Summary – contains information on Groundwater Dependent Terrestrial Ecosystems.

5. Fungi Survey including waxcap fungi and CHEGD (Clavarioids, Hygrocybe, Entoloma, Geoglossum and Dermoloma spp.)

See enclosed Ecology Report and Ecological Survey Summary – contains information on Fungi Survey.

6. Invasive Non-Native Species (INNS) including Japanese knotweed, rhododendron, few-flowered garlic etc.

See enclosed Ecology Report and Ecological Survey Summary – contains information on INNS.

7. Amphibian surveys including great crested newt

See enclosed Ecology Report and Ecological Survey Summary – contains information on amphibians including great crested newts.

8. Reptile Surveys

See enclosed Ecology Report and Ecological Survey Summary – contains information on reptiles.

9. Badger Survey

See enclosed Ecology Report and Ecological Survey Summary – contains information on badgers.

10. Riparian mammal Survey (otters and water voles)

See enclosed Ecology Report and Ecological Survey Summary – contains information on mammals.

11. Bat Surveys including Ground Level Tree Assessment of trees and Preliminary Roost Assessment of structures (buildings, bridges, culverts etc.)

See enclosed Ecology Report and Ecological Survey Summary – contains information on bats.

12. Invertebrate Surveys (terrestrial and aquatic)

See enclosed Ecology Report and Ecological Survey Summary – contains information on invertebrates.

13. Butterfly Surveys including northern brown argus, small heath and small pearl bordered fritillary (UKBAP/SBL species)?

See enclosed Ecology Report and Ecological Survey Summary – contains information on butterflies.

14. Fisheries Survey (including electrofishing) to assess importance of salmon spawning tributaries for the River Tweed Special Area of Conservation

Scottish Forestry would not request an applicant to supply a fisheries survey. All documents identified as meeting the search parameters for the request have been provided by the Conservancy therefore a fisheries survey is not held by Scottish Forestry.

While our aim is to provide information whenever possible, in this instance we are unable to provide the information you have requested because an exception under regulation 10(4)(a) of the EIRs (Information not held) applies to the information you have requested. Please see Annex A for the reason this exception applies.

Under regulation 9 of the EIRs (our duty to provide advice and assistance) we would like to provide further information which may be of interest.

It is also important to note that this application is not yet complete and the forestry agent is still working on their proposal and we anticipate further reports will be produced to support their application prior to submission.

Given the volume of documents included in our response, copies of the information we hold in relation to your request will be emailed to you separately.

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 under regulation 10(4)(a) (Information not held), 10 (5) (g) of the EIRs (protection of the environment) and 11(2) (personal information) of the EIRs applies to some of the information you have requested. Please see Annex A for the reason(s) this/these exception(s) apply.

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.

FOI 202500485427 - Information Released - Annex A

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