M74 and B7078 Diversions: EIR release

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


Information requested

I have previously received information from you regarding the M74 north and southbound evacuation route in the event of roadworks or closure due to incident. (Ref 202300390744). You stated in your reply that the route would be the B7078 between Canderside Toll and the Wellburn junction.

Can I now be provided with the following.

What route would be used if both the M74 north & southbound and the B7078 were to be closed at the same time due to an incident for example where both roads cross as you leave the village of Blackwood and close to the entrance to Blackwood Estate.

Can I also be informed of the amount of closures of the M74 north and southbound there have been utilising the B7078 and if these closures were as a result of accidents.

I would also like details of all serious or fatal road accidents on the B7078 between the Wellburn junction and Canderside toll in the last ten years.

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.

What route would be used if both the M74 north & southbound and the B7078 were to be closed at the same time due to an incident for example where both roads cross as you leave the village of Blackwood and close to the entrance to Blackwood Estate.

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. We do not have the information you have requested because there is no agreed backup diversion arrangements in place in the event the B7078 and M74 were closed. Discussions with the Local Authority and other stakeholders including Police Scotland would need to take place to find a suitable alternative.

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 information about diversion routes, clearly we cannot provide information which we do not hold.

Can I also be informed of the amount of closures of the M74 north and southbound there have been utilising the B7078 and if these closures were as a result of accidents.

Please see Annex A to this response for details of incidents resulting in full carriageway closures which utilised the B7078.

I would also like details of all serious or fatal road accidents on the B7078 between the Wellburn junction and Canderside toll in the last ten years.

Please see Annex B for a copy of the accident information requested. The B7078 is a local road and the responsibility of maintaining route falls to South Lanarkshire Council.

About FOI

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.

Contact

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

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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