Publication - FOI/EIR release

Objections, legal challenges, compensation for objections on new roads: EIR release

Published: 28 Jan 2019

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

Published:
28 Jan 2019
Objections, legal challenges, compensation for objections on new roads: EIR release
FOI reference: FOI/18/03657  
Date received: 10 December 2018 
Date responded: 22 January 2019
 
Information requested
 

“Number of successful objections for all new Scottish road routes in the last 5 years, following final route plan announcement, where individuals won and routes were changed? 

Number of legal challenges you have lost and/or won against individual members of the public in the last 5 years for all new roads in Scotland? 

Number of contacts by letter and/or E-mail  you have had my MSP's and MP's over the last 5 years in relation to the A96 Dualling? 

Amount of money paid out in compensation to members of the public for objections to new road routes in Scotland? 

Amount of public money spent so far on the consultation process and engineering investigations with a breakdown for each?”

 

On 14 December 2018 I wrote to you by e-mail with a number of clarification requests and you confirmed on 20 December 2018 that:

“All my queries are in relation to the A96 between Inverness and Aberdeen.” 

On this basis I have therefore answered all of your questions with specific regard to schemes comprising the A96 Dualling programme.

 

Response
 

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.

Number of successful objections for to the A96 Dualling programme routes in the last 5 years, following final route plan announcement, where individuals won and routes were changed? 

None.  The A96 Dualling Inverness to Nairn (including Nairn Bypass) scheme is the only section of the A96 Dualling Programme that has to date announced the ‘final route plan’.  Draft Orders for the scheme (which define the line of the route) were published on 29 November 2016 for formal comment with a Public Local Inquiry held between October and November 2018 to consider objections received and not withdrawn.  The Public Local Inquiry Reporters are currently considering all evidence before submitting their recommendations to the Scottish Ministers for consideration.

 

Number of legal challenges you have lost and/or won against individual members of the public in the last 5 years for the A96 Dualling programme?

None.  No legal challenges have been submitted in relation to the A96 Dualling Programme in the last 5 years.

 

Number of contacts by letter and/or E-mail  you have had my MSP's and MP's over the last 5 years in relation to the A96 Dualling? 

We have received 126 pieces of correspondence from MSP’s and MP’s through our formal correspondence system in the last 5 years in relation to the A96 Dualling Programme.

 

Amount of money paid out in compensation to members of the public for objections to new road routes on the A96 Dualling programme? 

None.

 

Amount of public money spent so far on the consultation process and engineering investigations on the A96 Dualling programme with a breakdown for each?  

To date expenditure on the A96 Dualling Programme in relation to ‘engineering investigations’ is as follows:

 

A96 Dualling Inverness to Aberdeen Preliminary Engineering Study

£1,464,338.07

A96 Dualling Inverness to Nairn (including Nairn Bypass)

£20,611,038.13

A96 Dualling Hardmuir to Fochabers

£8,688,711.46

A96 Dualling East of Huntly to Aberdeen

£7,554,971.19

 

Please note that expenditure in relation to ‘engineering investigation’ includes all cost to date associated with the design, assessment and promotion of each scheme making up the Dualling Programme (including engineering, environmental, traffic and economic assessments along with associated survey work).

To date expenditure on the A96 Dualling Programme in relation to ‘consultation process’ is as follows:

 

A96 Dualling Inverness to Aberdeen Preliminary Engineering Study

£329,505.26

A96 Dualling Inverness to Nairn (including Nairn Bypass)

£779,173.31

A96 Dualling Hardmuir to Fochabers

£732,233.61

A96 Dualling East of Huntly to Aberdeen

£486,885.26

 

Please note that expenditure in relation to the ‘consultation process’ includes costs associated with engagement with local communities, landowners and other stakeholders. 

In your email you also requested details on options you have to object to the preferred option on the A96 Dualling Hardmuir to Fochabers scheme.  I can confirm that work is now being taken forward on the detailed development and assessment of the preferred option for the scheme and this work will take into account feedback received following the preferred option exhibitions held in December 2018.  During this stage in the assessment process I would like to reassure you that further engagement will be held with local communities and affected landowners with vital feedback sought.  It is expected that the detailed development and assessment of the preferred option will take approximately 2 years to complete and will culminate in the publication of draft Orders (defining the line of the proposed scheme), which will open the formal consultation period.

Progress thereafter on the delivery of the scheme will depend on the level and nature of formal representation received in response to the published draft Orders and whether a Public Local Inquiry will be required to consider objections made and not withdrawn.

 
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Contact

Please quote the FOI reference
Central Enquiry Unit 
Email: ceu@gov.scot
Phone: 0300 244 4000 

The Scottish Government 
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Edinburgh 
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