Request:
The reporter appointed by the DPEA to further examine the proposal on behalf of the Scottish Government issued his report around February of 2009 recommending the decision to refuse permission by upheld. I have tried to obtain a copy of the reporter’s findings….. I would however be very grateful if you could look back in your files to see if could locate a copy that could be made available
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.
Enclosed is a copy of the report to Crown Estate Commissioners for the Application for seabed lease for the Clauchland point fish farm proposal (13 February 2009) and a Summary of material for and against the proposed fish farm (09 December 2008). The redactions with both documents relate to information which can identify a living individual; therefore, exception 11(2) of EIRs is applied. Disclosure would contravene the first principle (personal data is processed lawfully, fairly and in a transparent manner) under EU General Data Protection Regulation (GDPR).
