Freedom of Information Request – Coul Links and 2300580FUL
Date: 27 August 2024
Our ref: SIR176495/A4713794
Information Request – Coul Links and 2300580FUL
Thank you for your information request, which we received on 30 July. We have considered your request under the Environmental Information (Scotland) Regulations 2004 (‘the EIRs’).
Your Request
From the 1st January 2021 to 31 December 2022, please provide any and all letters, emails, Teams or Zoom meeting recordings or notes, telephone call recordings or notes or any other form of recorded communication in connection with either Coul Links or Planning Application reference 23/00580/FUL where any or all of the following are mentioned:
- balancing duties;
- social benefits;
- social development;
- economic benefits;
- economic development;
- the land owner;
- local communities
Our Response
We have discussed your request with our Operations Team, who carried out a detailed search of the information that they hold, and identified a large number of documents that meet the terms of your request. Copies of these documents are attached along with this letter.
Although we always try to provide all the information in response to an information request, in this instance we have withheld three documents in full as they relate to the CV of the contractors who were undertaking scrub control on the site. We have also redacted out other personal data from the documents provided. Releasing this information in response to an information request would breach the Data Protection Act 2018. We have exercised the right to withhold this information under EIRS Regulation 11(1) & 11(2) (Personal Data).
We have also withheld a small amount of information relating to prices/costs submitted as part of the contract for scrub clearance. We feel that to release this information would prejudice the contractor and could lead to competitors having an unfair advantage in future contracts for similar work. We have applied the exemption 10(5)(e)(Confidentiality of commercial or industrial information), under the EIRS.
How We Handled Your Request
We believe you have asked for environmental information as defined in the Environmental Information (Scotland Regulations 2004 (‘the EIRs’), so we are dealing with your request under those regulations. To be able to use the EIRs, we must apply an exemption under section 39(2) of the Freedom of Information (Scotland) Act 2002 (‘FOISA’). The Scottish Information Commissioner’s guidance recommends that public authorities apply this exemption to environmental information and handle request under the EIRs.
If you would like to find out more about the access to information legislation, there is a guidance booklet available on the Scottish Information Commissioner’s website.
Review and Appeal
I hope this information meets your requirements, but if you are dissatisfied with how we have responded to your information request, please write to us within 40 working days explaining your concerns. You can contact us at Battleby, Redgorton, Perth, PH1 3EW or email us at [email protected]. We will carry out a review of our response and contact you with our findings within 20 working days.
If you are not satisfied following this, you can make an appeal to the Scottish Information Commissioner within 6 months. The Scottish Information Commissioner can be contacted at:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Yours sincerely
FOI Officer,
NatureScot [email protected]
Document downloads
Due to accessibility issues the attached information, referenced above, is available on request by contacting the FOI team at [email protected]. Please reference the case number (starting with SIR).
