Request
1. Advise if Clause 4.3.1 and the relevant plan have been amended, deleted or replaced? If so, can you advise me of the change? (in relation to Lease dated 1988 between Crown Estate Commissioners and Clyde Port Authority)
2. Referencing Clause 4.3.1 - part of the adjoining area is a designated Site of Special Scientific Interest this could result in Crown Estate Scotland accepting the dredging part of the SSSI if that was needed to maintain a -10m OD bed level Do you agree with that interpretation?
3. Can you advise whether Clause 4.4 of the 1988 lease has been changed to reflect the change in planning consent? If so can you advise when that change was made, and what investigations Crown Estate Scotland undertook in relation to the acceptability of the change?
4. Raised the issue of Clause 4.4 with SEPA – no response; presume that the Agency checked the lease condition with Crown Estates Scotland. Can you confirm this?
Response
We consider that your request is a request for information under section 1 of the Freedom of Information (Scotland) Act 2002 (“FOISA”). To the extent that the information contained within the scope of the request is environmental information as defined in regulation 2 of the Environmental Information (Scotland) Regulations 2004 (“EIRs”), we also consider that your request falls under the EIRs. We have therefore applied the exemption contained in section 39(2) of FOISA and will deal with your request for environmental information under the EIRs alone.
For clarity, our response corresponds with each numbered point paraphrased in your request.
1. The 1988 seabed lease for the dry dock and associated dredging has not been varied in respect of dredging, any changes to the lease would be subject all statutory consents being granted.
2. The land above Mean Low Water Spring adjacent to the dry dock facility is not part of the Scottish Crown Estate, any dredging of that land would be a matter for the relevant landowner and the regulating authorities. The Registers of Scotland may be able to assist you in identifying the current owner of that land.
- www.ros.gov.uk
- Edinburgh Office: Meadowbank House, 153 London Road, Edinburgh EH8 7AU
- Glasgow Office: St Vincent Plaza, 319 St Vincent Street, Glasgow G2 5LP
- Phone: 0800 169 9391
3. The 1988 lease was varied in 1998, with regards to decommissioning the use clause was amended as per paragraph 1.8 in the attached Minute of Variation. The redactions highlighted in ‘blue’ within the document AY-5-9_1998 MoV_Redacted, is considered personal data under the Data Protection Act (2018); therefore, exception 11(2) in EIRs is applied. The redactions highlighted in ‘red’ are applied under Regulation 10(5)(e) - “Confidentiality of commercial or industrial information”. The public interest test has been applied to this exception; it is in the public interest that Crown Estate Scotland (Interim Management) is able to operate in a commercially competitive manner. The annual revenue profit is paid to the Scottish Government for the benefit of the public and disclosing negotiated rental information will adversely affect the ability to get ‘best consideration’ for transactions as required under the Crown Estate Act 1961.
We have no information as to what investigation may have been carried out at the time (10(4)(a) – information not held).
4. We have no information regarding enquiries from SEPA, you would need to contact SEPA (10(4)(a) – information not held)
