Various questions on LED street lights and heads: EIR release

Information requested

1. I would like to know how many complaints that Transport Scotland has received about LED street lights since January 2018.
2. I would like to know what the complaints said.
3. I would also like to know how many LED street light heads have fallen off the light pole since January 2018.
4. I would also like to know how many LED street lights have failed since January 2018.
5. I would also like to know who is in charge of street lightin in Transport Scotland and how I can contact them.

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.

Response to your request
I have numbered our response and yours for ease of reference.

1, 3 and 4. Most of the information you have requested is available from; https://www.gov.scot/publications/foi-19-00033/ . This was also issued to you via letter on 30 January. Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format.  If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

We are however, able to provide the information from 8 January 2019 to 11 March 2019. 

The number of complaints received is 11. No LED street lights that have fallen off the light pole between 8 January and 11 March. The number of failed LED street lights across the entire network is 107. 

2. The below table is a summary of the complaints:

Location	Description
North East Network	Glare issue
North East Network	Glare issue
North West Network	Glare issue
North West Network	Glare issue
North West Network	Glare issue
North West Network	Glare issue
South West Network	Lighting trespass into homes
South West Network	Lighting trespass into homes
South West Network	Lighting trespass into homes
South West Network	Lighting trespass into homes
AWPR Project	N/A

In relation to the complant received for the AWPR, while our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested.  We do not hold this information as the project contractor, Aberdeen Roads Limited is required to deal directly with individuals with respect to any complaints in relation to the construction and operation of the AWPR/B-T project. It would not be appropriate for Transport Scotland to be involved in the process or to comment on the particular aspects of any complaint.  Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have. 

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.  While we recognise there may be some public interest in a complaint relating to LED lights, clearly we cannot provide information which we do not hold. 

5. The operation and maintenance of trunk road lighting is managed by various teams within Transport Scotland’s Roads Directorate. No one individual is in charge of street lighting. Should you have any queries in relation to this matter they can be directed to info@transport.gov.scot or sent by mail to Transport Scotland, Buchanan House, 58 Port Dundas Road, Glasgow G4 0HF.

About FOI
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.