- 18 Sep 2019
Date received: 15 Aug 2019
Date responded: 12 Sep 2019
You asked for: "In November 2015 resurfacing was carried out on A83 at Holmlea, Kilkenzie, Campbeltown, PA28 6QD. Please can you advise:
1. What notice was given to the residents of the A83 in Kilkenzie for the planning for the resurfacing of the road in November 2015. If so, please provide a copy.
2. What consideration was given to the properties on the A83 for the environmental impact of the resurfacing? Please provide evidence.
3. Was an environmental assessment carried out? If, so please forward a copy.
4. Was the water run-off from the adjacent fields taken into consideration with the environmental assessment for the resurfacing.
5. Has there been any assessments since the resurfacing in November 2015."
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.
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.
1. Residents were sent a letter advising of the resurfacing works. This included the dates and times of the works and restrictions. This letter is Annex A to this response.
2. An Environmental Screening was carried out in the location in accordance with the Site Management Plan all road operations were to cease by 11 pm which is common practice in a residential environment. Plant was also fitted with white noise reversing indicators to limit noise. Annexes B and C refer.
3. An Environmental Screening was carried out and an Environmental Summary Report issued. This is at Annex D.
4. No comments were made regarding field run off in the environmental paperwork. It is an offence under the Road Scotland Act for third party landowners to discharge run off onto the trunk road thus the responsibility to ensure this does not happen lies with the landowner.
5. No further screening has been carried out on the scheme since construction.
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrews House