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REF 102 – Backletters referenced on 1978 Lease - Hunterston

09 September 2019


There is a handwritten reference to a ‘Backletter d/d 17/8/90’, could you please let me have a copy of this


Crown Estate Scotland are disclosing to you the information with redactions. We redacted the signatories of the letters as this is considered personal information, and we are applying exception 11(2)-personal data, of the EIRs. If we were to disclose this information, without receiving explicit consent from the individual, we would be breaching the Data Protection Act 2018.

In addition to your request, I have noted that one letter refers to an enclosed ‘Plan of Hunterston Yard Site Layout Drawing No. AM/DG/5005 REV.B for Costain Taylor Woodrow Joint Venture’; we have searched our electronic and paper records and we do not have a copy of this plan.

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.

In the circumstances of this request, we consider that the EIRs are more disclosive to you than FOISA, so there is nothing additional that you would receive if we dealt with your request under FOISA as well as the EIRs. Dealing with your request under two information access regimes would simply duplicate work, with no benefit to you. 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.

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