Scottish Forestry information related to trees removal: EIR release
Information request and response under the Environmental Information (Scotland) Regulations 2004.
Information requested
Over the course of two weeks from 20th Feb 2026, around 50 significant, mature pine trees were removed from land adjacent to Scorguie Road, Inverness, following the refusal of planning permission to develop that land. The removal of the trees was mentioned during the Highland Council committee hearing as being part of the reasoning for refusal of the application.
The removal of these trees was reported to Forestry Scotland at the time. Forestry officers attended on the 24th Feb and marked the fresh stumps, and they numbered the remaining trees. Unfortunately, the developer returned the following week and destroyed the remaining trees.
Under FOI, I request information on the following -
What was the significance of the markings left on the trees and stumps by the Forestry Scotland team that attended.
Did Forestry Scotland give permission for the landowner to remove these trees? If so, please provide copies of documentation provided to them confirming this.
Was there an assessment done on the presence of Bats, and other protected species, within this area?
I request details of email chains. phone conversations and/ or meetings, discussions and any agreements between Forestry Scotland and the Highland Council Ecology/ Planning/ Forestry teams, regarding the removal of these trees.
I request details of emails, meetings, discussions and agreements between Forestry Scotland and the developer Henderson Group, and/or his agents Bracewell Stirling and/or [REDACTED] and/or Ness Planning, where the removal of these trees was discussed.
Any other information you have on record regarding these trees, and the surrounding reen Network section of land, both historic and current.
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.
Response to your request
The information you have requested is larger than our system will allow us to share with you, therefore, I wish issue information released as part of this request to you shortly via email.
An exception under regulation 11(2) and regulation 11(1) of the EIRs (personal information of the requester and personal information related to third parties) applies to some of the information requested because it 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. As such, some data has been redacted including names that may appear in your initial request.
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 find more information related to these exceptions below in Annex A.
Below, I have provided written answers to questions asked within your request.
What was the significance of the markings left on the trees and stumps by the Forestry Scotland team that attended.
Tree stumps and standing trees are routinely marked during timber volume assessments to track progress and ensure all necessary measurements are recorded.
Did Forestry Scotland give permission for the landowner to remove these trees? If so, please provide copies of documentation provided to them confirming this.
Scottish Forestry did not consent tree felling at this location.
Was there an assessment done on the presence of Bats, and other protected species, within this area?
Responsibility for undertaking protected species surveys rests with the landowner. As Scottish Forestry did not grant consent for tree felling at this location, we are unable to confirm whether any preoperational surveys were completed.
ANNEX A
REASONS FOR NOT PROVIDING INFORMATION
Personal data relating to the applicant
An exception under Regulation 11(1) of the EIRs (personal information of the applicant) applies to some of the information requested because it is your personal data and is therefore exempt from release. EIR disclosures are public information, and withholding your personal data is intended to protect you in the same way that withholding personal data of third parties (see below) is intended to protect them. This is an absolute exception that is not subject to the ‘public interest test’, so we are not required to consider whether the public interest in disclosing the information outweighs the public interest in applying the exception.
Personal data relating to a third party
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 is an absolute exception that is not subject to the ‘public interest test’, so we are not required to consider whether the p blic 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.
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