Publication - FOI/EIR release

A90 A937 Laurencekirk Junction Improvement Scheme: EIR release

Published: 17 Aug 2020

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

Published:
17 Aug 2020
A90 A937 Laurencekirk Junction Improvement Scheme: EIR release
FOI reference: FOI-202000053335
Date received: 26 Jun 2020
Date responded: 24 Jul 2020
Information requested

“1) the number of objections received by TS in relation to this scheme.
2) the origin of each objection. I understand commercial sensitivity may preclude some of this information so I would accept "a landowner" or "a local authority" in this instance.
3) the details of the nature of each objection and how they were lodged.
4) Can you provide any narrative on how these objections will be handled and at what stage they will be handled.”

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.

1) In response to the publication of draft Orders Transport Scotland received four Statutory objections to the proposed scheme.

2) Of the four objections received three are from affected landowners and one from a local authority.

3) The nature of the objections received relate to the compulsory acquisition of land and specific access arrangements. Objections were lodged in writing following publication of the draft Orders on 19 December 2019. All were received within the Statutory consultation period, which expired on 14 Feburary 2020. 

4) Transport Scotland is currently negotiating with the objectors to try to alleviate concerns and resolve objections where possible. It is only right that those affected by the proposals have an opportunity to express their views. This together with effective engagement with affected parties forms a vital part of the scheme promotion process and should Transport Scotland be unsuccessful in removing all objections a public local
inquiry may be required. As with all trunk road projects this is the appropriate forum for considering objections received and not withdrawn.

Progress of the scheme is dependent on the outcome of these negotiations and whether a public local inquiry is required. Delivery of the scheme itself can only commence when the scheme is approved under the statutory procedures and thereafter a timetable for construction can be determined.

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Contact

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

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG