List of new roadside rest areas on motorways and dual carriageways: EIR release

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


Information requested

A list of the number of new rest areas for motorways and dual carriageways that Transport Scotland is currently considering.

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.

We are refusing your request under the exception at regulation 10(4)(a) of the EIRs. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have. The Scottish Government does not have the information you have requested as Transport Scotland is not currently considering any new rest areas (as defined within the Design Manual for Roads and Bridges - Standards For Highways) for motorways or dual carriageways.

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 the requested information, clearly, we cannot provide information which we do not hold.

Further Information

In Scotland the provision of roadside facilities is via private operators who are responsible for the upkeep and cleanliness of their own establishments and the facilities they provide. Transport Scotland is currently not reviewing any planning applications for new rest areas (as defined within the Design Manual for Roads and Bridges (DMRB)) for motorways and dual carriageways. Local authorities also have an interest and would be involved in any planning applications for any new facilities.

For awareness, you may wish to note that recommendation 36 of the second Strategic Transport Projects Review (STPR2) recommends a national review of freight parking/rest areas to better understand barriers hampering their development, consider their financial stability and develop adequate standards. I can advise that work on this recommendation has not yet commenced, however, changes to its status can be followed here.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

Contact

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

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

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