Publication - FOI/EIR release

A96 dualling Hardmuir to Fochabers rejection of Route Option B1: FOI release

Published: 3 Oct 2018

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

3 Oct 2018
A96 dualling Hardmuir to Fochabers rejection of Route Option B1: FOI release
FOI reference: FOI/18/02552  
Date received: 12 September 2018  
Date responded: 1 October 2018
Information requested
Details of the decision to reject former Route Option B1, and the rationale supporting that rejection, be made available to those affected by that decision. Accordingly, I hereby request that this information be made available to me.

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 enclose a copy of the information you requested at Annexes A & B to this letter.

Please note, this correspondence focuses solely on the information which is subject to your request.  The other issues raised in your letter will be addressed under cover of separate consultation letter from the A96 Dualling Project Team. The feedback received following the August 2018 design update will be considered as part of the on-going route options assessment work as Transport Scotland looks to identify a preferred option later this year. A Route Options Assessment Report will be published at this time which will identify the environmental, engineering, economic and traffic advantages, disadvantages and constraints associated each of the route options.

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foi-18-02552 Annex A

3 page PDF
380.0 kB

foi-18-02552 Annex B

1 page PDF
248.2 kB


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

The Scottish Government 
St Andrew's House 
Regent Road