Freedom of Information Request - Wester Craiglockhart Hill and Community Woodlands declaration as a Local Nature Reserve
Date: 18 December 2024
Our ref: SIR177977/A4860564
Information Request – Wester Craiglockhart Hill and Community Woodlands declaration as a Local Nature Reserve
Your Request
This FOI request is with regards to the declaration and gazetting of Wester Craiglockhart Hill and Community Woodlands (WCH) as a Local Nature Reserve (LNR). The intention of the City of Edinburgh Council (CEC) to declare this area as an LNR was reported on 26-Jan-21. A public consultation was opened on 18-Feb-21 and closed on 12-Mar-21. This is now more than 3.5 years ago. Links to these two are given below.
Edinburgh Evening News 26-Jan-2021
https://www.edinburghnews.scotsman.com/health/edinburghs-wester-craiglockhart-hill-and-little-france-park-are-to-become-local-natures-reserves-3113488
CEC consultation Opened 18-Feb-2021 closed 12-Mar-2021
https://consultationhub.edinburgh.gov.uk/sfc/lnr-wester-craiglockhart-hill/
An FOI to CEC shows that a request for NatureScot to include WCH as an LNR was sent to NatureScot on 12-Nov-2021, three years ago but that it has not yet been formally declared as an LNR. That is because “Formal Declaration requires approval from Nature Scot which has not yet occurred” The Nature Scot website does not reference WCH as an LNR. WCH does not show as an LNR on the Nature Scot map of these areas. Please provide information on the following
1) Can you confirm that the message from CEC was received by NatureScot?
2) Why has there been no formal declaration by Nature Scot of WCH as an LNR?
3) If there are missing elements for this to occur, what are they and who is responsible for providing them?
4) If there are no missing elements, when will the formal declaration be made by NatureScot and sent to CEC?
5) What is the expected time scale from when all elements for a formal declaration are in place and such a declaration made and the LNR added to the online map?
6) Please send me all communications written and electronic that NatureScot holds about the declaration of WCH as an LNR
Our Response
We have undertaken searches of the information that we hold and discussed your request with the Operations Team who are responsible for this part of Scotland. A copy of the information that we currently hold that meets the terms of some of your information request is provided as a separate document to this response.
We have redacted out or withheld some information in its entirety as it relates to personal data. Release of this information in response to your request would breach the Data Protection Act 2018. We have applied the exemption 11(2) – Personal Data under the EIRs to this personal data.
We are not able to provide you with any information relating to some parts of your request, mainly parts 2-5. The reason we are unable to provide information to these parts of your request is because the legislation only covers recorded information that is held by the public authority at the time we received your request. Some parts of your request are questions and not recorded information, which we cannot provide under the legislation.
However the Operations Officer, Richard Kehoe, would be more than happy to discuss these questions and anything else that you may want to ask about the process or the site. Please contact him via email in the first instance at [email protected] (due to the upcoming festive holidays he may not be able to contact you until after the new year).
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).
