Request
Grateful if you would now also let me have a copy of the lease between the Crown Estate Commissioners and Clyde Port Authority dated 28th and 29th September held under that reference AY-5-9.
I would be grateful if you would let me have copies of the following deeds and all if any variations of the same, also copies of all if any consents of whatever nature granted in terms of same:
1) all deeds relating to "Lease description " AY-5-4
2) all deeds relating to "Lease description " AY-5-5
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.
We are disclosing to you the information with redactions. The ‘red’ redactions are applied under Regulation 10(5)(e) – “Confidentiality of commercial or industrial information”. The information withheld within these documents contain the rental terms and conditions. It is in the public interest that Crown Estate Scotland is able to operate in a commercially competitive manner because the annual revenue profit is paid to the Scottish Government for the benefit of the public and disclosing the rental amounts and terms, which was negotiated, could adversely affect the ability to get ‘best consideration’ for transactions as required under the Crown Estate Act 1961. The ‘blue’ redactions are considered personal data under the Data Protection Act (2018); therefore, exception 11(2) in EIRs is applied.
Note that for any statutory consents you should contact the relevant authority.
