FOI reference: FOI/17/01782
Date received: 1 August 2017
Date responded: 22 August 2017
I confirm that we have responded to points one and two of your request on 02 August 2017 as these were matters relevant to the appeal itself.
You requested the following at point three:
- A copy of the recent request from the Scottish Ministers in which they returned the appeal and requested further information from the reporter.(relevant to the above noted planning permission appeal).
As the information you have requested at point three is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.
This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.
I enclose a copy of the information you requested.
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House