Publication - FOI/EIR release

M90 southbound carriageway at Bridge of Earn inspection data: EIR release

Published: 7 May 2020

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

Published:
7 May 2020
M90 southbound carriageway at Bridge of Earn inspection data: EIR release
FOI reference: FOI/202000028793
Date received: 16 Apr 2020
Date responded: 4 May 2020
Information requested

"a copy of the Trunk Road Inspection Data for the south bound carriageway of the M90, south of Bridge of Earn (below Balmanno Hill) prior to the roadworks that took place there around 8th-12th December 2019. It is only data for the southbound carriageway I am interested in."
A further clarification confirmed that you were "seeking evidence related to the condition of this exact stretch of road prior to the roadworks being carried out. An inspection report carried out before the roadworks and a schedule of works carried out on the southbound carriageway would I expect be sufficient."

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.

Please see the following annexes to this reply for the information you requested:
Annex A - Inspection records between 1 November 2019 and 12 December 2019.
Annex B - Details of pavement works carried out between 8 and 12 December 2019.

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