A90/A937 Laurencekirk Junction Improvement Scheme: EIR release

Information requested

1) Current Project Status: Please provide a comprehensive overview of the current status of the A90/A937 Laurencekirk Junction Improvement Scheme. This should include details on any recent developments, ongoing activities, and any potential challenges or delays that may impact the project's timeline. This should also include a copy of the latest minutes from the last project status meeting.

2) Construction Start Date: Please provide the for the A90/A937 Laurencekirk Junction Improvement Scheme. If available, please include a copy of the latest internal report or internal minutes that confirms this start date.

3) Draft Order Objections: Please confirm the total number of objections received in response to the draft orders for the A90/A937 Laurencekirk Junction Improvement Scheme.

4) Objection Details: For each objection received, please provide the following information:

a. Name of the individual or organisation raising the objection (e.g., Aberdeenshire Council)
b. Current status of the objection (e.g., Under Review, Resolved)
c. Estimated date for addressing the objection if it has not yet been resolved

5) Objection Copies: Please provide electronic copies of each objection raised in response to the draft orders for the A90/A937 Laurencekirk Junction Improvement Scheme.

6) Objection Meeting Minutes: Please provide a copy of the latest internal meeting minutes discussing the status of all objections received for the A90/A937 Laurencekirk Junction Improvement Scheme.”

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.

Response to your request

1) In response to your request for details of current project status, I can confirm the following:

The Scottish Government remains committed to completing the A90/A937 Laurencekirk Junction Improvement as soon as possible as part of a package of additional investment alongside the Aberdeen City Region Deal.
Following the publication of draft Orders, Transport Scotland received four objections to the proposed scheme including one from Aberdeenshire Council. Transport Scotland has been working with the objectors to try and resolve concerns where possible and we continue to engage in positive dialogue with Aberdeenshire Council with a view to resolving their objection. To date we have successfully resolved one of the objections and we continue to make positive progress on the remaining three objections.

Should Transport Scotland be unsuccessful in removing all objections, a public local inquiry may be required. As with all trunk road projects, this is the appropriate forum for considering objections received and not withdrawn. The statutory right for individuals to have their say on our proposals cannot be set aside.

Delivery of the scheme itself can only commence if it is approved under the relevant statutory procedures, at which point a timetable for its progress can be set.

Please also find attached at Annex A the latest progress meeting minutes for the meeting of 31 October 2023.

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 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. The information withheld in the disclosed document are personal details.

2) 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. The Scottish Government does not have the information you have requested because there is no estimated or actual date for the commencement of construction activities whilst we work to resolve the outstanding statutory objections.

Should we achieve satisfactory resolution of the outstanding objections and complete statutory processes (and providing there is no legal challenge to the Orders as Made), then a programme for delivery can be set against available budgets.

3) I can confirm that a total of four statutory objections were received following the publication of the draft Order material on 19 December 2019.

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

Accordingly, we cannot supply you with details of individuals, however, you may be aware from recent publicity that Aberdeenshire Council have been named as an objector and their objection relates to the proposed closure of the direct access from the Trunk Road to the properties at Oatyhill, following their decision to close the Oatyhill Rail Bridge.

b) There are currently three outstanding objections, including that of Aberdeenshire Council.

c) We continue to negotiate with objectors to resolve concerns wherever possible. Should we be unsuccessful in resolving all objections then a Public Local Inquiry may be required. This is the appropriate statutory forum for the hearing of objections received and not withdrawn.

5) Please find attached at Annex B copies of each objection as raised in response to the draft Orders for the A90/A937 Laurencekirk Junction Improvement Scheme.

As with points 1) and 4)a) above, we cannot release information which 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. Accordingly, the exception under regulation 11(2) of the EIRs (personal information) applies.

The information withheld in the disclosed documents are personal details and details which would indicate the location of a person’s property in relation to the proposed scheme.

6) Please refer to Annex A for the latest internal meeting minute.

As noted above, the exception under regulation 11(2) of the EIRs (personal information) applies to some of the information requested.

The information withheld in the disclosed document are personal details.

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.

FOI 202300386811 - Information Released - Annex A

File type

5 page PDF

File size

370.2 kB

FOI 202300386811 - Information Released - Annex B

File type

23 page PDF

File size

1.7 MB