Publication - FOI/EIR release

Details of accommodation works west of A96 Kintore Bypass: FOI release

Published: 1 Oct 2018

Information request and response under the Environmental Information (Scotland) Regulations 2004.

Published:
1 Oct 2018
Details of accommodation works west of A96 Kintore Bypass: FOI release
FOI reference: FOI/18/02396  
Date received: 4 September 2018 
Date responded: 25 September 2018
 
Information requested
 
Details of any and all accommodation works that were put in place for the benefit of that part of Bridgend Farm lying to the west of the dual carriageway, for the purpose of allowing continued access to be taken.
 
Response
 
As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004  (ElRs), we are required to deal with  your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your  request under FOISA.
 

This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes.  This  is essentially  a technical  point and has no material effect on the outcome of your request.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the ElRs. The reasons why that exception applies are explained below.

Whilst I am unable to provide you with details of the accommodation works put in place for Bridgend Farm I can however provide you with information in relation to measures put in place to facilitate  continued  access.

Please also find below a copy of the A96 Trunk Road (Kintore Bypass) (Side Roads) Order 1995 (S.I. 1995 No.3111), along with an extract from the associated plan folio. You will note that new means of access "43" was constructed to provide continued access to the area of land in question from the new grade separated side roads alignment.

Reasons for not providing information
The Scottish Government does not have the information.
Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information you have requested because the information no longer exists.
This exception is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exception. We have found that, on balance, the public interest lies in favour of upholding the exception. While we recognise that there may be some public interest in information about  accommodation works  that were  put in place for the benefit of that part of Bridgend Farm lying to the west of the dual carriageway, for the purpose of allowing continued access to be taken, clearly we cannot provide information which we do not hold.
 
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses

Contact

Please quote the FOI reference
Central Enquiry Unit 
Email: ceu@gov.scot
Phone: 0300 244 4000 
The Scottish Government 
St Andrew's House 
Regent Road 
Edinburgh 
EH1 3DG