Publication - FOI/EIR release

A83 wind, crash barrier and risk assessment data: EIR release

Published: 4 June 2018
Directorate: Economic Development Directorate
Topic: Economy, Public sector, Transport

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

FOI reference: FOI/18/01262
Date received: 1 May 2018
Date responded: 31 May 2018

Information requested

All wind related data from the nearest weather station to the A83 near Loch Restil between 2 December 2017 and 10 December 2017.

Also require sight of the following documentation:

All reports, memoranda and other written communications in respect to the installation, maintenance and removal of any roadside crash barriers or other vehicle restraint systems present at the A83 near Loch Restil from 1 January 2000 until the present date.
All written communication showing the dates of installation and removal of any roadside crash barriers or other vehicle restraint systems at the A83 near Loch Restil from 01 January 2000 until the present date.
All reports, memoranda and other written communications in respect to any assessments carried out at the A83 near Loch Restil in terms of the Road Restraint Risk Assessment Process (RRRAP) from 01 January 2000 until the present date.
All other risk assessments carried out by Transport Scotland in respect of the A83 near Loch Restil between 01 January 2000 and the present date.'

As the information 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 this 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

In response to your request, please see attached Annex A which contains all wind related data from the nearest weather station to the A83 near Loch Restil between 2 December 2017 and 10 December 2017. Annex B contains information in relation to the following;

All reports, memoranda and other written communications in respect to the installation, maintenance and removal of any roadside crash barriers or other vehicle restraint systems present at the A83 near Loch Restil from 1 January 2000 until the present date.
All written communication showing the dates of installation and removal of any roadside crash barriers or other vehicle restraint systems at the A83 near Loch Restil from 01 January 2000 until the present date.
All other risk assessments carried out by Transport Scotland in respect of the A83 near Loch Restil between 01 January 2000 and the present date.

An exception under regulation 11 (2) of the El Rs (personal information) has also been applied 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 Schedule 1 to the Data Protection Act 1998. 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.

In relation to your request for information for all reports, memoranda and other written communications in respect to any assessments carried out at the A83 near Loch Restil in terms of the Road Restraint Risk Assessment Process (RRRAP), please see attached Annex C.

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