Publication - FOI/EIR release

Maintenance of northbound A77 near Mainholm Smallholdings: EIR release

Published: 8 Dec 2017
Information request and response under the Environmental Information (Scotland) Regulations 2004.
Published:
8 Dec 2017
Maintenance of northbound A77 near Mainholm Smallholdings: EIR release

FOI reference: FOI/17/02685
Date received: 3 November 2017
Date responded: 7 December 2017

Information requested

In relation to the pavement on the northbound side of the A77 dual carriageway, immediately after Holmston Roundabout but before Mainholm Smallholdings, approximately 200m north of the Rver Ayr and heading in a northerly direction:

1. Confirmation of the cyclic maintenance of the hedges and shrubbery between the sign "Mainholm Smallholdings" and "Holmston Roundabout".
2. Confirmation of the date of resurfacing of the pavement on the right-hand side of the A77 (heading southbound) between the sign "Mainholm Smallholdings" and "Holmston Roundabout".
3. Confirmation of the date of installation of the sign "Mainholm Smallholdings" on the northbound pavement of the A77 opposite to the entrance to Mainholm Smallholdings.
4. Details of the manufacturer of the sign "Mainholm Smallholdings" on the pavement located on the northbound sign of the A77 adjacent to the entrance to Mainholm Smallholdings. 5. Details of the supplier of the sign "Mainholm Smallholdings" on the pavement located on the northbound side of the A77 adjacent to the entrance to Mainholm Smallholdings.
6. Details of the number of accidents reported to South Ayrshire Council (or its predecessor) in relation to street furniture on both the northbound and southbound carriageway of the A77 between Whitletts Roundabout and Holmston Roundabout.
7. Details of the grass cutting and verge maintenance carried out on the northbound pavement between Holmston Roundabout and Whitletts Roundabout between the years 2007 and 2017.
8. Details of the parties carrying out the verge maintenance to the pavement identified above.
9. Details of the date upon which the pavement between Holmston Roundabout and Whitletts Roundabout on the north side of the carriageway was designated a dual purpose pavement and cycle track."

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.

I have numbered our response for ease of reference.

1. In relation to the first part of your request, details of the inspections and surveys that are carried out by our operating company, Bear Scotland can be found within the 4th Generation Term Contract for Management and Maintenance of the Scottish Trunk Road Network:4th Generation Contract

  • Schedule 7: Part 4.15 of the contract.

Please see attached Annex A which outlines the dates of maintenance from 2013 to 2017 of grass cutting which includes the cutting of hedges and shrubbery.

2. While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reason why that exception applies is that we hold no records acccociated with the resurfacing of this pavement. We can confirm that no resurfacing works have been undertaken during the existing 4th Generation Term Contract with Scotland TranServ that commenced in 2013.

3. The Mainholm Smallholdings sign on the northbound pavement of the A77 sign was in place prior to the cycle path being constructed. We have no historical records avaliable to confirm who installed the sign. Exception 10(4)(a) of the EIRs has been applied as we have no historical records avaliable to confirm who installed the sign. However, you may wish to contact the local authority, South Ayrshire Council at https://www.south-ayrshire.gov.uk/foi/ who may be able to help you.

4 and 5. Our Operating Company, Scotland Transerv has checked the Mainholm Smallholdings sign and has confirmed that there are no markings on the back to establish who the manufacturer or supplier of the sign was. Exception 10(4)(a) of the EIRs has been applied as we have no records. However, you may wish to contact the local authority, South Ayrshire Council at https://www.south-ayrshire.gov.uk/foi/ who may be able to help you.

6. While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. The reason why that exception applies is that Transport Scotland only hold information in relation to the Trunk Road. You may wish to contact the local authority separately who may be able to help you.

However, Transport Scotland can confirm that between 16/11/2011 and 16/11/2016 there have been a total of 3 (slight) personal accident injuries on the A77 between (and including both) Whitletts Roundabout and Holmston Roundabout that involved street furniture.

A slight injury is any injury which is neither fatal nor serious – for example, a sprain, bruise or cut which is not judged to be severe, or slight shock requiring roadside attention.

Please also note the following potential reasons for an accident not appearing on our system:

  • Transport Scotland only holds accident information which is provided to us by Police Scotland.
  • Transport Scotland does not hold information relating to damage only accidents (i.e. not involving an injury).
  • Transport Scotland only holds accident information for the trunk road network.
  • The accident information Transport Scotland holds is subject to change based on late returns from Police Scotland, who are responsible for recording details of injury accidents.

7 and 8. Please refer to point 1 of our letter.

9. The date upon which the pavement between Holmston Roundabout and Whitletts Roundabout on the north side of the carriageway was designated a dual purpose pavement and cycle track was on 6 December 2010. Please see attached Annex B which is a copy of the Redertermination order.

Due to the file size of Annex B, copies can be provided on request by emailing ceu@gov.scot, quoting the FOI reference number FOI/17/02685

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Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

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