All material relating to Planning Permission Appeal PPA-240-2086 (land near Banknock): EIR release

Information requested

I want to fully scrutinise everything relating to PPA-240-2086 and, in the interests of transparency, I request copies of all documents (including Brodies) and communications with Falkirk Council, with the Duty Principal Reporter and with any others. Can I please also have copies of internal DPEA communications.

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 your information you requested. I am attaching for your reference copies of :

1. An e-mail exchange with Falkirk Council dated 18th May 2026 confirming the deadline for determination of the application as being 31 January 2025;

2. An internal e-mail exchange between DPEA managers and the case officer dated 20 May 2026;

and

3. An internal e-mail providing advise to case officer from duty principal reporter dated 26 May 2026.

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:

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

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available, this letter however contains the relevant links to access this information for ease - https://www.dpea.scotland.gov.uk/CaseDetails.aspx?id=128664. This exception is not subject to the ‘public interest test’, so we are not required to consider if the public interest in providing the information outweighs the public interest in applying the exception. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

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 DPEA management and the case officer concerning internal processes. 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 our ability to conduct rigorous and candid internal deliberations. 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. 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 202600521754 - Information released - Annex

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