FOI Request - Review of Dorenell S36 Wind Farm
[Re: FOI 101001240888]
The response is simply not acceptable.
To comply with the refined request, and even assuming that Infinergy/EDF have progressed all of the pre-commencement conditions on the existing Dorenell deemed planning permission, would have involved TMC Planning sending me around 12 or so reports with a similar number of emails out and back in, along with any assessment by the Council (although I doubt if anything has yet reached that last stage). This material will all already exist in electronic format on the TMC Planning portal and, indeed is probably all in a single folder. Therefore, it would only have taken either an hour or even less to transfer everything to me. The staff could have complied in seconds of staff time by simply providing a link to the folder. After all, this is material that is routinely placed on the planning portal every day for planning applications.
Therefore, I wish to invoke the review procedure.
That review will need to take into account all of the correspondence with the Planning Service on this matter starting with the undertaking from Principal Planning Officer, on 26th February 2016, that "To aid the public any subsequent submissions or letters received in relation to the purification of conditions will be published online under the original Moray Council reference 08/01200/S36. I would anticipate that we start to receive these from EDF over the next few weeks. They would be accessed via the council online planning page".
Can you please confirm whether or not:
- you have all of the email exchanges available to you from the Planning service
- you are able to activate the review process based on this email or whether I need to make a formal written submission
Following your request for a review of our response to the FOI you submitted, a review meeting was at the council offices on 18 August 2016 with a further meeting on 5 September 2016. In attendance were the Records and Heritage Manager, Senior Solicitor, Principal Planning Officer and Information Co-ordinator.
Given that this is one of the largest planned onshore windfarm projects in Scotland, there are numerous departments and staff involved. We have consulted with the primary departments involved (Development Management, Transportation, Roads and Legal); across these departments and their systems we have identified at least 350 e-mails and approximately 50 documents that relate to this topic. Due to the time it would take to collate this information; including reviewing the multiple e-mails, their attachments and links to internal document repositories as well as appraising the reports and documents, would unfortunately be in excess of the £600 cost limit stipulated within section 12 of the Freedom of Information (Scotland) Act 2002. For this reason the original decision is upheld and this information is still considered exempt under the aforementioned section of the Act.
However, in an effort to be helpful and transparent, pertinent documents and communications will be made available as they are purified through the e-planning portal http://public.moray.gov.uk/eplanning/ (under file reference 08/01200/S36). These documents currently contain information still in draft format and they will be published once finalised, in line with the approach taken for planning applications. This information is therefore exempt under Section 27(1) of the Freedom of Information (Scotland) Act 2002; intended for future publication within the next 12 weeks.