Information

Flooding at Foveran: EIR release

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


Information requested

1. ‘Any correspondence (letters, emails or otherwise) between Transport Scotland and other government agencies including Aberdeenshire Council, Aberdeen City Council, Scottish Water and SEPA) relating to drainage issues and the culvert (installed in September 2019) at Foveran between 1 October 2020 to date.

2. Any correspondence (letters, emails or otherwise) relating to flooding at Foveran on 8 January 2016 when water held at the AWPR site overflowed on to the main road.

3. Any correspondence (letters, emails or otherwise) between Transport Scotland and others at meetings held in April 2022 on site at Foveran with respect to defects and subsequent proposals for remediation works/measures to culvert and associated drainage at Foveran.

4. Copies of any plans submitted for the new culvert and associated drainage between January 2010 to date.

5. Copies of drainage schematics for Foveran village between 2012 and 2019.

6. Copies of drainage schematic for Foveran village between 2019 to date and information regarding any proposed new drainage.

7. Any correspondence (letters, emails or otherwise) regarding the embankment slip to the east of Innerdale, Blairythan Terrace, AB41 6AX and proposed remedial measures between December 2012 to date.

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 have numbered the points separately for ease of reference.

1. Any correspondence (letters, emails or otherwise) between Transport Scotland and other government agencies including Aberdeenshire Council, Aberdeen City Council, Scottish Water and SEPA) relating to drainage issues and the culvert (installed in September 2019) at Foveran between 1 October 2020 to date.

Please see Annex A to this response,

2. Any correspondence (letters, emails or otherwise) relating to flooding at Foveran on 8 January 2016 when water held at the AWPR site overflowed on to the main road.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have 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 we do not hold any correspondence (letters, emails or otherwise) relating to flooding at Foveran on 8 January 2016 when water held at the AWPR site overflowed on to the main road.

3. Any correspondence (letters, emails or otherwise) between Transport Scotland and others at meetings held in April 2022 on site at Foveran with respect to defects and subsequent proposals for remediation works/measures to culvert and associated drainage at Foveran.

Please see Annex B to this response.

4. Copies of any plans submitted for the new culvert and associated drainage between January 2010 to date.

Some of the information you have requested is available from A90 Foveran culvert maintenance records, construction drawings and correspondence: EIR release - gov.scot (www.gov.scot).Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. 

5. Copies of drainage schematics for Foveran village between 2012 and 2019.
 

The information you have requested is available from A90 Foveran culvert maintenance records, construction drawings and correspondence: EIR release - gov.scot (www.gov.scot). Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. 

6. Copies of drainage schematic for Foveran village between 2019 to date and information regarding any proposed new drainage.

Please see Annexes C and D to this response.

7. Any correspondence (letters, emails or otherwise) regarding the embankment slip to the east of Innerdale, Blairythan Terrace, AB41 6AX and proposed remedial measures between December 2012 to date

The information you have requested is available from A90 Foveran culvert maintenance records, construction drawings and correspondence: EIR release - gov.scot (www.gov.scot). Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format.

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 202200320401 - Information released

Contact

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

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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