Publication - FOI/EIR release

Culvert on A82 Fourth Avenue Dumbarton, access and safety: EIR release

Published: 4 Mar 2019

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

Published:
4 Mar 2019
Culvert on A82 Fourth Avenue Dumbarton, access and safety: EIR release
FOI reference: FOI/19/00488
Date received: 14 Feb 2019
Date responded: 1 Mar 2019
Information requested

 

All email dialogue between Transport Scotland (including Scotland Transerv) and West Dunbartonshire Council that relates to a culvert, its access and its safety.

The location of this culvert structure is close to a retaining wall on the A82 (opposite Fourth Avenue, Dumbarton G82 2PY) and is the entry point for the Hunters burn.

The email dialogue should be dated between 1st June 2015 and 14th February 2019, inclusive.

 

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.

In response to your request, please refer to Annex A which is all email dialogue between Transport Scotland (including Scotland Transerv) and West Dunbartonshire Council dated between 1st June 2015 and 14th February 2019.

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

 

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foi-19-00488 Annex A

14 page PDF
811.5 kB

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