Tealing to Kintore overhead line application information: EIR release

Information requested

1. Details, including the participants and minutes of any meetings or correspondence or communication between the applicants and the Scottish Government regarding the topics and format of the Environmental Impact Assessment to be submitted on the application for the Tealing to Kintore overhead line s.37 application (ECU00005225).

2. Details of any direct or indirect correspondence or meetings between Scottish and Southern Energy Networks or their associated companies and the Energy Consents Unit of the Scottish Government regarding the scope and content of the Environmental Impact Assessment Report for application No. ECU00005225.

3. Information showing or tending to show whether the ECU agreed that the Scoping Opinion issued by them excluded topics mandated in Regulations 4 and 5 and Schedule 4 of the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017, and the reasons given for those exclusions.

4. Any relevant correspondence or meeting notes held in any form among the Energy Consents Unit (ECU), the Planning and Environmental Appeals Division of the Scottish Government (DPEA) and the Planning, Architecture and Regeneration Decisions Branch (PARD), all of the Scottish Government , regarding the scope, extent and remit of the procedures and conduct of the Public Local Inquiry to be held into the Tealing to Kintore OHL.

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.

Please find enclosed a copy of some of the information you requested, entitled Annex A(1-5). Owing to the file size of the attachments, these will be emailed separately to you.

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 the following exceptions apply:

• Regulation 6(1)(b) of the EIRs (information already available)
• Regulation 10(4)(e) of the EIRs (Internal communication)
• Regulation 11(2) of the EIRs (Personal information)

All published documents associated with Kintore to Tealing 400 kV Overhead Line Connection (ECU00005225) are available via the ECU Portal (Scottish Government - Energy Consents Unit - Application Details) and the DPEA website (Scottish Government - DPEA - Case Details). This includes the scoping report, scoping opinion and all other available associated documents relating to the application and Inquiry.

Under regulation 6(1)(b) of the EIRs (information already available), we do not have to give you information which is already publicly available and easily accessible to you in another form or format.

This 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, as the information is already publicly available.

An exception under regulation 10(4)(e) of the EIRs (internal communications) applies to some of the information requested. In this case, the information relates to internal discussions between Ministers and officials concerning energy consenting decisions. There is a greater public interest in preserving the integrity of the decision-making process and ensuring that policies are properly considered and implemented. Disclosure at this stage would risk undermining the Government’s ability to conduct rigorous and candid internal deliberations. Ministers and officials must be able to explore all available options and assess their implications in a protected space, based on the best available advice. If such discussions were routinely disclosed, it could inhibit frank exchanges and compromise the quality of future decisions. This is particularly relevant in statutory consenting processes, where Ministers are required to reach impartial and legally sound decisions following full consultation. Protecting the confidentiality of internal communications in this context supports robust and fair decision-making, which ultimately serves the wider public interest. 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.

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 202600519393 - Information released - Annex A

File type

PDF

File size

6.1 MB