Conditional Missive agreement between Scottish Enterprise (SE) and Flamingo Land: FOI response (reference 0668)
Contents
Date received
14 January 2025
Date responded
11 February 2025
Information requested
- A copy of the clauses in the conditional missives which set out in what circumstances those missives could be extended.
- I am also requesting all information Scottish Enterprise holds on how the decision to extend the conditional missives was taken.
Response
- We advise that your request for the relevant clauses within the Conditional Missive agreement between Scottish Enterprise (SE) and Flamingo Land (FLL) has been refused and the information is withheld under regulation 10(5)(e) of EIRs. It is SE's view that the release of the information would, or would be likely to, cause substantial harm to the legitimate economic interests of the developer, Flamingo Land and Scottish Enterprise itself.
- A recommendation to extend the long stop date contained within the Conditional Missives was made by Scottish Enterprise’s Executive Leadership Team (ELT) at its meeting on 15/10/2024. ELT’s recommendation was then provided to the Scottish Enterprise Board, who made the decision to approve this course of action and extend the date at its meeting on 25/10/2024. Copies of the relevant ELT and Board papers, and meeting minutes, are provided to you now at Appendix B.
- Whilst we have attempted to release as much information to you as possible, please be advised that some of the information contained in Appendix B has been withheld under regulations 10(5)(e),11(3A)(a), 10(5)(f) and 10(5)(d) of EIRs. Where these regulations have been applied, the information has been redacted. It is SE's view that the release of the information would, or would be likely to, cause substantial harm to the legitimate economic interests of the developer, Flamingo Land (FL) and SE itself; and prejudice legal proceedings. Additionally, release of any personal information would be in contravention of the data protection principles.
- There is a well-established and recognised route of planning appeal in Scotland, and SE believes this process should be allowed to run to its conclusion. It is usual for contractual agreements to have an element of flexibility built in, to help respond to unforeseen events and, generally, as long as both parties agree, changes can be made. This is what happened in this case, with the deadline for obtaining planning permission in the existing Conditional Missive being extended to allow the developer to consider an appeal. This is not a new agreement.
- Our response to your information request has also been guided by the Scottish Information Commissioner’s notice published on 19th March 2024, a full copy of which can be read here: Decision Notice 036-2024. As the planning process is ongoing, we are of the view that Clauses 48 and 62 of the Commissioner’s Decision continue to apply:
- 48. The Commissioner also notes that the status of the planning application for the proposed development remains live and ongoing and accepts the information, including the suspensive conditions, remains commercially confidential and that premature disclosure would have a detrimental effect on proceedings.
- 62. The Commissioner also takes account of the live nature of the planning process (which is transparent and should address any legitimate concerns about the nature of the development proposals).
Contact us
For further information please contact our communications team, quoting the FOI reference number.