Road Access to Ferrymuir Gait Housing Development: EIR release

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

Information requested

With regard to road access to Ferrymuir Gait housing development, and previous correspondence on this subject, you asked:

"Was the dialogue with the developer by e-mail, phone or in person? I would be grateful for copies of any correspondence, or notes, from your dialogue with the developer." and

"I spoke to the Chair of the residents’ association yesterday and they are understandably confused about the mixed messages from both you and the developer. The Chair informs me that he has been told by the developer that they have rights of access over Ferrymuir Gait Road. Therefore, I would be grateful if you could send me the documentation in your e-mail on 9 November which backs up your case."


With regard to the first point above, please see Annex A for a copy of email correspondence with the developer. 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.

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. We do not have the information you have requested relating to our previous email of 9 November. This is because we do not hold information from the developer which definitively demonstrates there is a servitude right. If the developer has any further information to substantiate this claim, Transport Scotland would wish to see this.

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. While we recognise that there may be some public interest in information about road access to Ferrymuir Gait housing development, clearly we cannot provide information which we do not hold.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at

FOI - 202100258927 - Information Released - Annex A


Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road

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