Freedom of Information Request - Dalbuaick and Tolquohonie Plantations / Capercaillie Records & All Correspondence
Date: 15 September 2025
Our ref: SIR181337/A5411846
Information Request – Dalbuaick and Tolquohonie Plantations / Capercaillie Records & All Correspondence
Your Request
Geographic Area:
Dalbuaick Plantation and Tolquohonie Plantation, located north of Carrbridge (PH23 3NA).
These are two distinct forests with independent ownership, separated by a boundary track (‘Boundary Way’), now formally delineated on updated Ordnance Survey master mapping records.
Subject Matters:
Dalbuaick and Tolquohonie Plantations; Cairngorm Woodlands; HRA (Habitats Regulations Appraisal);
Capercaillie presence, lek sites, habitat designation, disturbance sensitivity, habitat risk or sensitivity assessments;
Any geographic or ecological mapping associated with these sites;
Any mention of Dalbuaick and/or Tolquohonie, Cairngorm Woodlands, forestry, Douglas Bell or any land owner in relation to HRA, planning, development, licensing, species risk, capercallie, or any land use or any land use proposals including proposals and activities of 3rd parties such as CNPA, RSPB, The Capercallie Project and Scottish Forestry;
Records relating to stakeholders will include information and correspondence shared between:
CNPA, RSPB Scotland, Scottish Forestry, The Scottish Government and advisors/consultants, Cairngorm Woodlands Ltd, Scottish Woodlands Ltd, The Capercaillie Project, and other third-party activists, advisors or stakeholders with Nature Scot.
Time Period: 1 January 2017 to date of receipt.
Types of Records Requested:
all correspondence, reports, surveys, internal notes, meeting minutes, or any other records held or routed through NatureScot in its capacity as statutory adviser, HRA consultee, species data authority, funder or funding recipient.
Our Response
Following a search of the information we hold our response is attached separately.
We have marked out (redacted) personal data in the documents provided. Releasing the personal data into the public domain in response to an access to information request would breach the Data Protection Act 2018. We are therefore withholding the information under EIRs Regulation 11(2) (Personal data).
We have also redacted the capercaillie lek location referred to in the attached. As release of information under the EIRs is a release into the public domain, we do not believe that it is in the public interest to release information that might enable disturbance to these species. We are therefore applying EIRs Regulation 10(5)(g) – Protection of the environment.
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
