- 2 Dec 2019
Date received: 23 Oct 2019
Date responded: 26 Nov 2019
[redacted] has been provided with the attached M73 M74 Upgrade Noise Assessments and the data is of interest to him, and he presumes yourselves.
[redacted] would be grateful if you could furnish him with a comparative Noise Surveying data from the same time frame.
Following receipt of the clarification received on 30 October 2019, it was confirmed that this request is looking for a like for like comparison between the pre-construction noise assessments
of the M8/M74 and the recently issued results from the Year 1 surveys at the same locations to establish if the noise levels have increased or decreased.
While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested.
It may be helpful to explain that Transport Scotland does hold a copy of the pre-construction ambient noise assessment which was carried out in 2014, prior to the project works commencing, however due to the size of the data it would need to be posted to you on a CD. If you would like a copy of this information we can arrange for it to be posted out to you. With regards to this data, you may find it useful to refer to the Environmental Statement for the project, found at the following link: https://www.transport.gov.scot/projects/m8-m73-m74-motorway-improvements/document-library/m8-baillieston-to-newhouse-environmental-statement/, which outlines how this data is used for assessment and reporting purposes.
The data that you have attached with your request, was published on our website and contains the results of the Year 1 noise survey completed by Scottish Roads Partnership (SRP), our contractor for the project, in July 2019 in accordance with the Noise Insulation (Scotland) Regulations 1975.
We do not hold a like for like comparison of the recent Year 1 noise survey with the pre-construction ambient noise assessment. It may be helpful to explain that SRP is in the process of undertaking the post-construction noise assessment that will be compared to the pre-construction noise assessment or the Environmental Statement. If noise levels in the post-construction noise assessment exceed the levels in the pre-construction noise assessment or the Environmental Statement SRP will be required to investigate, design and construct appropriate mitigation measures as appropriate. The SRP comparison of the noise levels before and after the construction of the project has yet to be concluded.
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 copy of a like for like comparison of the Year 1 survey with the pre-construction ambient noise assessment clearly we cannot provide information which we do not hold.
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