Claimants on the Aberdeen Western Peripheral Route: EIR release

Information requested

Number of outstanding claimants on the whole of the AWPR project as of 17th January 2024 who have not had their compensation completed?

Response

As all of 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.

As of 17th January 2024 there are 29 outstanding claims arising from compulsory acquisition in relation to the A90 Aberdeen Western Peripheral Route. I can also confirm there are 32 outstanding claims under Part 1 of the Land Compensation (Scotland) Act 1973 in relation to the A90 Aberdeen Western Peripheral Route.

Further explanation 

Part 1 of the Land Compensation (Scotland) Act 1973 provides compensation for depreciation in the value of property for the physical factors following the opening and use of public works. The physical factors as described in the Act are noise, vibration, smell, fumes, smoke, artificial lighting and discharge of any solid or liquid substance.

All outstanding claims are subject to ongoing negotiations with the District Valuer who is appointed to independently assess any compensation due for the acquisition of land or Part 1 claims in accordance with the compensation code.

For further details on the compulsory purchase process please see the following link Road Projects: Guidance on the Compulsory Purchase Process and Compensation (transport.gov.scot) 

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