Roadside structure applications for the A90: EIR release
Information request and response under the Environmental Information (Scotland) Regulations 2004
Information requested
Information regarding applications for roadside structures along the A90 Trunk Road.
• The total number of applications submitted for roadside trader permits (including temporary and permanent structures) along the A90 Trunk Road over the past five years (2020–2025).
• The number and percentage of these applications that were approved vs. rejected.
• The primary reasons given for rejecting applications during this period.
• Any internal policies, guidelines, or assessment criteria used to evaluate applications for structures such as trader stalls, signage, or non-commercial installations.
• A list of all structures currently permitted along the A90 Trunk Road, including their type and approval conditions.
• Records of any safety incidents attributed to roadside structures such as trader stalls, signage, bus shelters, or other similar installations.
I would appreciate this information in digital format if possible. If any part of this request is unclear or requires refinement, please let me know, and I would be happy to amend it accordingly.
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 enclose of some of the information you requested. For ease, I will provide the responses in the order they were requested.
1. You asked for the total number of applications submitted for roadside trader permits (including temporary and permanent structures) along the A90 Trunk Road over the past five years (2020–2025).
Please see Annex A to this response for details of lay-by trading approvals / rejections on the A90 for the period 2020-2025.
2. You asked for the number and percentage of these applications that were approved vs. rejected.
While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you requested. This is because we do not maintain a specific record of the number and percentage of lay-by trading approvals / rejections on the A90, therefore we are refusing your request under the exception at regulation 10(4)(a) (information not held) of the EIRs, however, this information can be calculated using the data provided in Annex A should you wish to do so.
3. You requested the primary reasons given for rejecting applications during this period.
Please see Annex A to this response for information regarding rejected applications.
4. You asked for details of any internal policies, guidelines, or assessment criteria used to evaluate applications for structures such as trader stalls, signage, or non-commercial installation.
Information regarding the application process for permission to trade from a trunk road lay-by can be accessed using the following link Trading from trunk road lay-bys | Transport Scotland
5. You requested a list of all structures currently permitted along the A90 Trunk Road, including their type and approval conditions.
Permissions to trade from trunk road lay-bys are valid for a period of one year therefore, the only current permission can be found on row one on within Annex A - 90/015 (Ellon) Mobile Catering Van.
Please note bus shelters/public transport infrastructure are responsibility of the relevant local authority.
6. You requested records of any safety incidents attributed to roadside structures such as trader stalls, signage, bus shelters, or other similar installations along the A90 Trunk Road over the past five years (2020–2025).
Please see Annexes B and C to this response for details of safety incidents attributed to roadside structures such as trader stalls, signage, bus shelters, or other similar installations.
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