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Publication - FOI / EIR Release

Wind turbine appeal decisions: EIR release

Information request and response under the Environmental Information (Scotland) Regulations 2004.

FOI reference: FOI/18/00056
Date received: 10 January 2018
Date responded: 10 January 2018

Information requested

You asked for "details of all formal appeals under DPEA and/or DPEA Scotland Regulations that were adjudicated and decided by your appointed official Reporter, Mr Mike Croft, that pertain to planning applications for either wind turbines, wind energy or wind farms."


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.

I enclose a copy of the information that you have requested in Annex A.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at


Please quote the FOI reference

Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road

16 Jan 2018
Wind turbine appeal decisions: EIR release