- 3 Sep 2019
Date received: 15 Aug 2019
Date responded: 30 Aug 2019
“Under the terms of the Freedom of Information (Scotland) Act 2002 and the Environmental Information (Scotland) Regulations 2004 please could you supply me with all and any information, data, correspondence etc that AmeyArup have in relation to the Plan and Profile of the entire length of the Pink Route identified in the A96 Dualling East of Huntly to Aberdeen project, and including any designs for the bridge adjacent to Mill of Bonnyton.”
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.
I enclose the following Drawings as requested:
- A96PEA-AMAR-HGN-SWI-DR-CH-333001 – Pink Route Plan and Profile Sheet 1 of 2
- A96PEA-AMAR-HGN-SWI-DR-CH-333002 – Pink Route Plan and Profile Sheet 2 of 2
These Drawings reflect the design as shown at the Public Drop-in engagement events held in May 2019 and as noted on each, the route options and junction layouts will be subject to further development as we further progress the design and assessment of the scheme.
Due to the size of the files we are unable to upload the documents referred to above.
If you wish to consider, please contact us at the address below and we will be happy to provide.
At this juncture of the A96 Dualling East of Huntly to Aberdeen Design Manual for Roads and Bridges (DMRB) Stage 2 route options assessment all structures are conceptual, therefore with regards to your request for any designs for the bridge adjacent to Mill of Bonnyton, an exception under regulation 10(4)(d) of the EIRs (unfinished or incomplete information) applies to the information you have requested because it is material which is still in the course of completion. The structures for each of the options under consideration on the A96 Dualling East of Huntly to Aberdeen scheme are currently being developed to an appropriate level of detail to inform the preferred route option decision expected to be announced and reported in a DMRB Stage 2 Scheme Assessment Report later this year, which will be published on the Transport Scotland website.
This exception 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 exception. We have found that, on balance, the public interest lies in favour of upholding the exception. We recognise that there is some public interest in release as part of open, transparent and accountable government, and this will be met by the release of the DMRB Stage 2 Scheme Assessment Report later this year. However, this is outweighed by the public interest in ensuring that unfinished or incomplete information which is still in being worked on is not disclosed when it might misinform the public.
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.
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrews House