FOI reference: FOI/17/02631
Date received: 2 November 2017
Date responded: 17 November 2017
You asked for:
Copies of all Primary Radar Mitigation Scheme(s) under Condition 6 of the Kype Muir wind farm consent submitted to the Scottish Ministers and approved by them, or confirmation that no such scheme has been lodged and/or approved;
Copies of any amendments to any Primary Radar Mitigation Scheme so submitted and/or approved – and confirmation of whether these amendments have been approved by the Scottish Ministers;
Copies of correspondence between the Scottish Ministers and Glasgow Airport Limited and/or NATS (En Route) plc pertaining to the Scottish Ministers' consultation with these stakeholders in respect of the approval of the submitted Primary Radar Mitigation Scheme(s) and the stakeholders' consultation responses on the same.
As the information you have requested 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.
An exception under regulation 11(2) of the EIRs (personal information) applies to some the information requested (signatures) because it is personal data of a third party and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998. This exception is not subject to the 'public interest test', so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.
I enclose a copy of all of the information you requested in Annex A (PDF, 2.9MB), with signatures redacted. There has been no request made to Scottish Ministers to amend the Primary Radar Mitigation Schemes. Please find the following in the attached PDF document;
|Pages 1-8||Copy of an e-mail from Banks Renewables requesting partial discharge of condition 6 of the Kype Muir wind farm consent with a letter attached detailing the request and a copy of the Primary Radar Mitigation Scheme required by NATS (En-ROUTE) PLC.|
|Pages 9-10||Copy of an email to Banks Renewables from ECU confirming the partial discharge of condition 6 of Kype Muir wind farm with an attached letter confirming "the submission and approval of a PRMS for impacts upon NATS (En-ROUTE) PLC operations".|
|Pages 11-13||Copy of an email from Banks Renewables requesting the further partial discharge of condition 6 of the Kype Muir wind farm consent with attached a copy of the PRMS for Glasgow Airport's air traffic control symptoms.|
|Page 14||Copy of a letter from Glasgow Airport Limited confirming their acceptance of the PRMS submitted by Banks Renewables.|
|Pages 15-20||Copy of an e-mail response to Banks Renewables from ECU confirming the partial discharge of condition 6 of Kype Muir wind farm with an attached letter confirming "the submission and approval of a PRMS for impacts upon Glasgow Airport Limited's operations".|
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