- 2 May 2018
FOI reference: FOI/18/00180
Date received: 19 January 2018
Date responded: 4 April 2018
1. Was a Disability Equality impact assessment undertaken of the footway at the top of the Bogs Brae prior to the commencement of the proposal for the M74/M8/M73 upgrade?
2. What consideration, if any, was made, to widening and improving the footway at the top of the Bogs Brae at the initial design and planning of the M74/M8/M73 upgrade.
3. Were Transport Scotland's own design standards as identified in its 'Good Practice Guide Roads For All' considered?
4. What factors prevented the upgrade of the footway to the standards identified in the above document?
5. Can a copy of the Disability Equality impact assessment undertaken be provided to us or publicly be made available on the Transport Scotland website?
6. How many Disability Equality Impact Assessments were completed for each pedestrian access points along the above upgrade and for which communities?
7. What contribution did each local authority partner make towards the cost of the upgrade? For example, what did North Lanarkshire Council contribute to the cost of the upgrade of the footway at Bogs Brae and what consultation took place with regard to this with the Council? Similarly, what was South Lanarkshire Council's contribution towards the cost of any upgrade at the Bothwell Rd/ Bothwell Bridge pedestrian routes?
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. The Environmental Statement relevant to the improvements at M74 Junction 5 (Raith) was published in March 2007, this predated the requirements of the Equality Act (2011). Consequently a Disability Equality Impact Assessment was not applicable prior to the commencement of the project and was not undertaken.
2. Consideration was given to improving the Bogs Brae footway at both the initial planning stage and design stage of the M8 M73 M74 Motorway Improvements Project. However due to the constraints of the existing topography between Orbiston and the Raith, it was determined that it could not meet the Inclusive Mobility guidance which applied at this time. Further, the constraints of existing railway bridge which carries the southbound carriageway of the A725, which did not need to be amended for the project, presented a constraint to improving the footpath over the bridge.
3. Yes, where works are due to be undertaken as part of the project these standards apply. The contract requires Scottish Roads Partnership (SRP), the project Contractor, to assess the condition of the railway bridge and parapet and has determined this structure to currently be in acceptable condition. Consequently it has no works planned to the southern parapet and verge as part of the new construction works. As a result, Transport Scotland's inclusive design guidance has not been applied at this specific location.
4. The scope and scheduling of the works required to this verge of the structure is at the discretion of SRP and is determined by its inspections and assessments of the bridge and footpath. SRP has assessed this structure to be in acceptable condition and as such has no immediate plans to replace the parapet or improve the footpath at this time. The need for future works to this verge will be determined by the outcome of these inspections and assessments. When works are undertaken, Transport Scotland's inclusive design guide will apply.
5. As noted at 1 above, the Disability Equality impact assessment was not applicable prior to the commencement of the project, as such no such assessment has been undertaken.
6. As noted at 1 above; a Disability Equality Impact Assessment was not applicable prior to the commencement of the project, however, assessments were undertaken to comply with Disability Discrimination Act 2005.
7. No local authority contributed funding towards the cost of the project, as such no consultation took place in this regard.
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House