Transport Scotland - A7 Langholm flooding information: EIR release

Information requested

Our request relates to reports of flooding on, and drainage works carried out on the A7, Langholm, postcode DG13 0HJ. The location is found at grid reference E337186 and N591231. We understand that the management of the A7 is the responsibility of BEAR Scotland.

Please provide us the following information in relation to the A7, Langholm:-

All road and drain inspection records for A7 Langholm, covering the period from 01 January 2014 to date showing when the road and drains on the road or verges were inspected, and the findings of any such inspections.

All records of complaints, reports or notifications received of flooding on the A7 from 01 January 2014 to date, and of all action taken in response, including dates and description of the actions.

All records of work carried out or scheduled to be carried out to drains on the A7 surface or verges from 01 January 2014 to date and the description of all such works.

All records showing the inspection frequency and maintenance policy applicable for road drainage on A roads such as the A7.

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.

Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have. Transport Scotland does not have some of the information you have requested as your request spans a period during which Operating Company contracts changed hands and due to system changes. As a result of these transitions, not all of the information you have requested is available on record.

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 which relates to reports of flooding on, and drainage works carried out on the A7, Langholm, which we do not hold.

Please see Annexes A – H for all the information you have requested.

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

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 202600504915 - Information released - Annex A - H

File type

PDF

File size

1.2 MB

EIR 202600504915 - Information released - Annex B

File type

Excel document

File size

552.6 kB