AWPR - Compensation cost and purchase of land spend: EIR release

Information requested

“The projected costs for resolving disputes arising from compulsory purchase orders made for the purpose of the AWPR.”

In response to our clarification e-mail of 19 July 2019 in which we asked you to confirm your definition of costs and disputes you clarified the following in your e-mail of 22 July 2019:

“Costs: fees, compensation and all other related financial expenses
Disputes: any action, suit or proceedings between parties”

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.

The estimated total land compensation cost for land acquired in relation to the AWPR is £127.7m (including £83.4m paid on the voluntary acquisition of land interests). This estimate includes land compensation, Agent Fees, Legal Fees, District Valuer’s Fees and VAT where applicable.

The amount of spend on the purchase of land which was required for the project, including voluntary acquisitions, to the date of your request is £103.7m. These figures include the total compensation package paid at each stage including Land Agent Fees, Legal Fees, District Valuer’s Fees and VAT where applicable.

This leaves an estimated balance of £24m and we remain on target to meet outstanding compensation claims within that estimate. Negotiations continue between the District Valuer and claimants to ensure a fair compensation figure is agreed in accordance with the compensation code.

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