Claims relating to the M8 M73 M74 Motorway Improvements scheme: EIR release

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

Information requested

Of the 5 claims received for Burnacre Gardens 4 have provisionally been agreed with the District Valuer. Transport Scotland is currently in the process of finalising the necessary paperwork to formalise these agreements with claimants which will allow payment and final settlement.

Can you advise please, the total value for the 4 claims that have been provisionally agreed.

As all of 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.


The four claims under Part 1 of the Land Compensation (Scotland) Act 1973 within Burnacre Gardens have now been fully settled and total £43,000.00 excluding VAT.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at


Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

Back to top