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Transport Scotland - Swallow Roundabout in Dundee correspondence: EIR release

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


Information requested

“Can you please provide all correspondence between your organisation and any other stakeholders concerning the Swallow Roundabout in Dundee? This should include correspondence with, but not limited to:

  • Transport Scotland
  • Dundee City Council
  • Perth and Kinross Council
  • Springfield Properties
  • Amey Northeast Scotland
  • Any other relevant parties

Time period requested:

Please include all material dated from 1 December 2024 to the date of this request.

Format:

I would be grateful if you could provide the information in PDF or Word document format, whichever is most convenient.​​​​​​​

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.

Response to your request

Please find enclosed Annexes A to Q, including any appendices contained within certain annexes, comprising the correspondence requested for the period from 1 December 2024 to 28 November 2025.

Some of the information you have requested is available from https://www.gov.scot/publications/? type=foi-eir-release&page=1. 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. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

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.

An exception under regulation 11(2) of the EIRs (personal information) applies to some 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.

An exception under regulation 10(4)(d) of the EIRs (unfinished or incomplete information) also applies to some of the information you have requested because it relates to a live pre-planning consultation relating to Inverarity Phase 2 development and is therefore still in the course of completion and is an unfinished document.

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. We recognise that there is some public interest in release as part of open, transparent and accountable government. However, this is outweighed by the public interest in ensuring that unfinished or incomplete information which is still in being worked on is not disclosed when it might misinform the public.

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.

EIR 202500495959 - Information Released - Annex

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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