Freedom of Information Requests - Windfarms and Freshwater Pearl Mussels
Date: 31 July 2025
Our ref: SIR180501/A5291693
Information Request – Windfarms and Freshwater Pearl Mussels
Your Request
1. Details of the number of wind farm construction works/developments in Scotland that NatureScot has objected to where freshwater pearl mussels were present or likely to be impacted; if the objection was conditional on mitigation measures being undertaken; and what mitigation measures were agreed; for the period between June 2000 and June 2025, broken down by year.
2. Details of the number of occasions where NatureScot has not objected to wind farm construction works/developments in Scotland where freshwater mussels were present or likely to be impacted; for the period between June 2000 and June 2025, broken down by year.
Clarified Request:
Yes, I can confirm that I would like 'information on the cases where FWPM was the issue'.
Thanks for flagging up the timeframe. Apologies, this is a typo on my part and I would like to request information for the period June 2015 to June 2025, broken down by year.
Our Response
We fulfil our advisory role on protected species in the wider countryside through the provision of standing advice, we do not expect to be consulted other than in exceptional circumstances not covered by the relevant standing advice. Where FWPM are the reason for a designation we will expect to comment where they are potentially affected.
How and when to consult NatureScot Checklist will take you to a list of the types of cases that we do expect to be consulted on.
The standing advice relating to freshwater pearl mussels (FWPM) includes information around licencing issues associated with FWPM.
We cannot provide you with information relating to the part of your information for “what haven’t you objected to” as NatureScot is not consulted on every single windfarm application or every planning case that might have freshwater pearl mussels in their vicinity and the standing advice has been followed to the satisfaction of regulators.
Our Supporting Good Development team have conducted searches, and there are 11 cases where FWPM were mentioned as potentially being impacted. We have provided a copy of our responses (in year order) to the local authorities where FWPM is mentioned, however, conditions of planning are written by the Planning Authority, not NatureScot.
We have redacted personal data from the information being released to you as releasing this information in response to an information request, could breach the Data Protection Act 2018. We have therefore applied the following exemption, 11(2)(Personal Data) under the EIRs, to this information.
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).
