Aberdeen Western Peripheral Route, Balmedie to Tipperty Project: FOI release

FOI reference: FOI/17/01665
Date received: 17 July 2017
Date responded: 25 August 2017

Information requested

1. How much is a landowner paid per acre to compensate for land purchased by compulsory purchase order and how is that calculated?

2. Is this the same in England and Wales?

3. Also, what (and how many) farm specific constructions will have to be built to accommodate the bypass (e.g. underpasses etc)? Can I get costings of each of these and their locations as well please?

4. How many submissions have been made by farmers/landowners for further constructions that are not currently in the plans?

5. Have any measures been put in place specifically for the safety of wildlife such as badger tunnels and squirrel bridges?

6. What measures have been put in place to prevent livestock from getting on to the road?

The term "Constructions" was then clarified to mean bridges or overpasses.

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.

Please see below response to each of your points in turn:

1. Transport Scotland does not hold information on how much is paid per acre for a compulsory purchase. The amount of compensation payable is subject to negotiation between the claimant and the District Valuer who is appointed by Transport Scotland to assess claims independently. Each case is assessed on an individual basis. The Valuation Office Agency may be able to assist you further with this request. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have.

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 may be some public interest in information on how much is paid per acre to compensate for land purchased by compulsory purchase; however, we cannot provide information which we do not hold.

2. Transport Scotland does not hold information on whether the amounts paid per acre to compensate for land purchased by compulsory purchase order is the same as that paid in England and Wales. The Valuation Office Agency may be able to assist you further with this request. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), the Scottish Government is not required to provide information which it does not have.

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 may be some public interest in information on whether the amounts paid per acre to compensate for land purchased by compulsory purchase order is the same as that paid in England Wales; however, we cannot provide information which we do not hold.

3. There are 16 structures which are under construction in order to provide a farmer access to another part of their field, or to link them to the rest of the road network. Please note some of these structures may also provide access to properties which are not farms. The types of structures and locations for each of these are included in Appendix A.

While our aim is to provide information whenever possible, in this instance the Transport Scotland does not have all the information you have requested in this question. Due to the Design Build Finance and Operate (DBFO) procurement model for the AWPR/B-T project, the costings of individual structures are not held by Transport Scotland and cannot be disaggregated from the cost information held. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs.

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 may be some public interest in information on the costings for individual structures; however, we cannot provide information which we do not hold.

4. No further submissions have been made by farmers/landowners for further constructions.

5. Details of wildlife mitigation measures being put in place by the project (including badgers and squirrels) are included in the Environmental Statement; this documentation can be accessed at the following link: https://www.transport.gov.scot/projects/aberdeen-western-peripheral-route-balmedie-to-tipperty/document-library/

6. Measures to prevent livestock from accessing the road include the installation of stock-proof fencing where required, and farm underpasses/overbridges to allow farmers the opportunity to safely access all of their land.

• PS05 - Allochie Access Track Farm Underpass, New structure to carry the A90 over Allochie Access Track

• PS14 - Kingcausie and Eastland Access Road Farm Underpass, New structure to carry the A90 over Kingcausie and Eastland Access Road

• PS20 – Beanshill Access Track Farm Underpass, Beanshill Access Track Farm Underpass, New structure to carry the A90 over Beanshill Access Track

• PS22 – Gairn Farm Access Track Underpass, Gairn Farm Access Track Farm Underpass, New structure to carry the A90 over Gairn Farm Access Track

• PS29 - U59K Banchory / Devenick to Sunnyside Road Overbridge, New structure to carry U59K Banchory/Devenick to Sunnyside Road over the A90

• PS30 - C34K Hilldowntree - Sunnyside - Causeyport Road Overbridge, New structure to carry C34K Hilldowntree - Sunnyside - Causeyport Road over the A90

• PS34 – Kepplestone Overbridge, New structure to carry Kepplestone Access Track over the A90

• PS42 – Pitmedden Farm Access Track Overbridge, New structure to carry Pitmedden Farm Access Track over the A90

• PS43 – Shell Pipeline Protection and Farm Underpass, New structure to carry the A90 over the existing Shell pipeline and farm access

• PS56 - Meadowhead / Waulkmill Road Farm Underpass, New structure to carry the A90 over Meadowhead / Waulkmill Road

• PS58 - Lochgreens Overbridge, New structure over the A90 that connects up both sides of Lochgreens Farm

• PS64 - Kier Farm Underpass, New structure to carry the B977 Realignment over a farm access track

• PS65 - South Orrock Farm Underpass, New structure to carry the A90 over a farm, and properties local to the farm, access road

• PS67 - Dambrae Underpass, New structure to carry the A90 over a farm access road and provide access to the Aitkenshills SUDs pond.

• PS68 - Aitkenshill Farm Underpass, New structure to carry the A90 over a farm access track

• PS71 – Pitmillan overbridge, New structure over the A90 to provide access to Pitmillan Farm.

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