A83 at Lochgair road repairs: EIR release

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

Information requested

"details of all road repairs carried out on the A83 for the section 3 miles sought of Lochgair to 3 miles north of Lochgair from the period 1 January 2017 to date together with details of all inspections of the road carried out during that period, any complaints received regarding that section of the road and details of when repairs were carried out."


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 following 2 schemes have been carried out on the A83 for the section 3 miles south of Lochgair to 3 miles north of Lochgair from the period 1 January 2017 to date: 
A83 Glashan Burn - 1.6km section of resurfacing which was completed on 16/09/2019 at a cost of £294,376
A83 Middle Kames - Localised patches of resurfacing over a 0.4km section completed on 10/06/2019 at a cost of £29,748

Please see Annex A to this response for copies of the inspection records for the section of the A83 3 miles south of Lochgair to 3 miles north of Lochgair from the period 1 January 2017 to date.

There has been 1 complaint for this section of the A83 between 1 January 2017 to date: 27/02/2018 A83 North of Lochgair – Road Surface and Loose stones.

While our aim is to provide information whenever possible, in this instance Transport Scotland does not have some of the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. This is because no records for this complaint have been retained.

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.

FOI-202000037327 Information released - Annex A


Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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