Copies of the following documents referred to in the Greenburn s.36 decision letter of 21 April 2023.
Glasgow Prestwick Airport (GPA)
- The correspondence from GPA to ECU withdrawing GPA’s objection to this development and setting out GPA’s requested s.36/deemed planning conditions
- The NATS document entitled 'Prestwick Airport Safeguarding Report – Impact Assessment: Greenburn Wind Turbines and Mast, v1.0 April 2022’ or any document approved by GPA that supersedes that document as referred to in condition 5 of the consent
- Any further correspondence between GPA, ECU and the developer with regards to identifying the details of the IFP Scheme and/or the Radar Mitigation Scheme
- Any correspondence from GPA to ECU under condition 5(1) of the consent
NATS (En Route) plc (NERL)
- The correspondence from NERL to ECU withdrawing NERL’s objection to this development and setting out NERL’s requested s.36/deemed planning conditions
- Any further correspondence between NERL, ECU and the developer with regards to identifying the details of the Primary Radar Mitigation Scheme
- Any correspondence from NERL to ECU under condition 6(1) of the consent
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.
Some of the information you have requested (number 1 and 5 of your request as set out above) is available from our website which can be accessed by going to www.energyconsents.scot and searching ECU number ECU00002037, then opening the "Documents" tab and clicking "Consultation Responses". 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 website(s) listed, then please contact me again and I will send you a paper copy.
While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information referred to at 2, 3, 4, 6 and 7 of your request. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. This is because after searching our internal systems we have been unable to locate any information relating to numbers 2, 3, 4, 6 and 7 of your request.
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrews House
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