- 3 Oct 2018
Date received: 12 September 2018
Date responded: 1 October 2018
As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), 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.
I enclose a copy of the information you requested at Annexes A & B to this letter.
Please note, this correspondence focuses solely on the information which is subject to your request. The other issues raised in your letter will be addressed under cover of separate consultation letter from the A96 Dualling Project Team. The feedback received following the August 2018 design update will be considered as part of the on-going route options assessment work as Transport Scotland looks to identify a preferred option later this year. A Route Options Assessment Report will be published at this time which will identify the environmental, engineering, economic and traffic advantages, disadvantages and constraints associated each of the route options.
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House