A828 Benderloch footway redetermination application documents: EIR release

Information requested

Copies of all documents related to the A828 Benderloch footway 2011 application for redetermination, including any plans which indicate the dimensions of the former footway.

Should a Transport Scotland Departure from Standard, retrospective or otherwise, be in place in relation to the above, please furnish full details.

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.

I will respond to each of your requests separately.

Copies of all documents related to the A828 Benderloch footway 2011 application for redetermination:

Please see the attached for all documents in relation to the A828 Trunk Road (Connel to Salachan Glen Cycle Track) (Redetermination of Means of Exercise of Public Right of Passage) Order 2011.

For information, the attached documents have been separated into the following headings.

• Annex A - Made Redetermination Order and Plan
  o - The A828 Trunk Road (Connel to Salachan Glen Cycle Track) (Redetermination of Means of Exercise of Public Right of Passage) Order 2011_Redacted
  o - Re-Determination Order_RD049_000 to 004 002 (1)
   
• Annex B – Draft Redetermination Order Public Notice
  o - A828 Oban to Fort William-Creagan to Inverfolla-orders-draft redetermination order-public notice-21 September 2010
   
• Annex C – Objections to Draft Redetermination Order and Responses
  o - orders-draft redetermination order-Objection 002-25 October 2010_Redacted
  o - A828 Creagan to Inverfolla-orders-draft redetermination order -Objection 001-26 October 2010_Redacted
  o - A828 Oban to Fort William - Creagan to Inverfolla - orders - draft redetermination order - Objection 001 - reply - 26 January 2011 Redacted
  o - A828 Oban to Fort William - Creagan to Inverfolla - orders - draft redetermination order - Objection 002 - reply - 26 January 2011 - Redacted
   
• Annex D – Changes for Made Redetermination Order and Stakeholder Engagement
  o - A828 Creagan to inverfolla - made redetermination order - confirmation of no objection - 19 April 2011_Redacted
  o - A828 Creagan to Inverfolla - Made Redetermination Order - Confirmation of No Objection - 25 April 2011_Redacted
  o - A828 Creagan to Inverfolla - Made Redetermination Order - Enquiry With Reply - 16 May 2011_Redacted
  o - A828 Oban to fort william - Creagan to inverfolla - orders - made redetermination order - docket
   
• Annex E – Oban to Fort William Walking and Cycling Path Steering Group Documents
  o - Copy of Missing Section plan May 2011 - Redacted
  o - Missing sections description - Redacted
  o - Missing Sections Map
  o - Steering group Meeting Notes March 10 Rev 2_Redacted
  o - Steering group Meeting Notes June 10 - Redacted
  o - Steering group Meeting Notes Oct 10_Redacted
  o - Steering group post meet Notes Feb 2011 Rev 1_Redacted
  o - Steering group post meet Notes May 2011 - final_Redacted
  o - Steering group post meet Notes Sept 2011 - final_Redacted
   
• Annex F – Connel to Benderloch Cycle Route Feasibility Study Report
  o - 002 TJSTAN 028 Report Connel_Redacted

An exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested because it is personal data of a third party and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exception is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exception.

Any plans which indicate the dimensions of the former footway:

To answer the second part of your request in relation to the plans indicating the dimensions of the former footway, in this instance Transport Scotland does not have the information you have requested. 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 disclosing plans you have requested we cannot provide information which we do not have.

The footpath widths can be found in the Connel to Benderloch Cycle Route Feasibility Study Report which was included in Annex F of the response to the first part of this query.

Transport Scotland Departure from Standard:

Cycling by Design is a guidance document rather than a design standard, and so a Departure from Standard is not required at locations where the requirements of this document cannot be met.

As a result, Transport Scotland does not have the information you have requested. 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 disclosing the information you have requested we cannot provide information which we do not have.

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.

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.