Land Tribunals applied for regarding the Aberdeen Western Peripheral Route: EIR release
- Published
- 5 March 2019
- Topic
- Public sector, Transport
- FOI reference
- FOI/19/00275
- Date received
- 11 January 2019
- Date responded
- 8 February 2019
Information request and response under the Environmental Information (Scotland) Regulations 2004.
Information requested
With specific reference to whole Aberdeen Western Peripheral Route and all of the land affected by this whole project.
(1) I wish to know how many of the landowners of all of the land affected by the above project have applied for a Land Tribunal to date?
(2) How many of these cases have been sisted so far?
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.
(1) To date, we have received 98 land owner applications to the Lands Tribunal for Scotland under the Land Compensation Act 1963 in relation to the A90 Aberdeen Western Peripheral Route.
(2) Of the 98 land owner applications to the Lands Tribunal for Scotland under the Land Compensation Act 1963 in relation to the A90 Aberdeen Western Peripheral Route 92 applicants have requested that their application is immediately sisted pending negotiations.
About FOI
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Contact
Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG
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