Publication - FOI/EIR release

Records of investigation into felling adjacent to Robroyston Road in March 2022: EIR release

Published: 11 December 2023
Topic: Public sector
FOI reference: 202300337072
Date received: 26 December 2022
Date responded: 19 January 2023

Information request and response under the Freedom of Information (Scotland) Act 2002.

Information requested

The records of the investigation in to the legality of felling of a site adjacent to Robroyston road in March 2022. More specifically can you provide the evidence that pertains to the estimations that the volume felled was less than 5 cubic metres volume.

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

Please find attached the documents we hold in relation to your request.

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 11(2) of the EIRs (personal data relating to a third party) applies to some of the information you have requested. This information has been redacted in the attached documents.

ANNEX A
REASONS FOR NOT PROVIDING INFORMATION
Personal data relating to third party
An exception under regulation 11(2) of the EIRs (personal information) applies to some 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

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