Date received: 26 November 2018
Date responded: 20 December 2018
Further to your email to my colleague [ Redacted ], please note that I have taken over the conduct of the case. Please direct any future queries to myself.
You may recall that [ Redacted ] addressed the other call logs within her email dated 27 September 2018 to you, it appears that there has been other incidents on the same area of road on 19 March 2018 as per the call log at 15:24 which appears to be the same area and thereafter the further call log on 21 March 2018 at 1.30am, it appears that these incidents have occurred and there is no clarification as to any remedial work having been carried out to resolve the issue. Please can you advise whether you have any further information in that regard.
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.
Our Operating Company, BEAR Scotland, advise that remedial hand patching was undertaken for South Ardrishaig on 26th March. In addition there is a resurfacing scheme planned for the location which is scheduled for the next financial year. In the meantime they are continuing to monitor the location through their weekly inspections and carry out repairs where necessary.
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House
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