Freedom of Information Request - Solar and BESS development at Rogerhill Farm
Date: 03 March 2025
Our ref: SIR178942/A5021498
Information Request – Solar and BESS development at Rogerhill Farm
Your Request
I wish to be provided with all correspondence between Nature Scotland and any other party with respect to the proposed solar and BESS development at Rogerhill Farm, Kirkmuirhill, South Lanarkshire. ECU00004823 refers
Our Response
We have discussed your request with the Operations Team who deal with that site and who have completed the searches for this response. Copies of the relevant information, that were held by NatureScot at date of your request, are attached with this response
We have redacted some information in the documents provided, and the reasons for this are:
- Some parts of the documents contain personal data. Releasing personal 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 Regulations 11(2) (Personal data).
- We have also redacted some information that would identify the locations of badgers, bats and a possible otter holt, because releasing that information could increase the risk of deliberate disturbance to these species. As release of information under the EIRs is equivalent to release into the public domain, we do not believe it is in the public interest to release information that might enable disturbance to these species. We have therefore applied EIRs Regulation 10(5)(g) (Protection of the environment) to this information.
- We have also redacted out a small amount of information that is out-with the scope of your request as it deals with other subjects.
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
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).
