Tree cutting on A9 near Berriedale: EIR release

Information requested

Details over the last ten years (from April 1 2013) regarding:

1. all details of requests received for tree cutting on the south brae of Berriedale Braes extending southwards to Helmsdale.
2. details, including costs, of actual tree pruning or felling carried out over the same period for this section of the A9 by BEAR or contractors.
3. details of any such works that have been declined by Transport Scotland and the grounds for refusal.
4. details of budgets allocated and spent for tree maintenance work for this section of the A9.
5. details of any tree works planned for the immediate future.
6. maintenance of snow gates at Dunbeath, Berriedale and Helmsdale.

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. While our aim is to provide information whenever possible, in this instance Transport Scotland does not have some of the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. This is because records do not back as far as 2013. 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.

Records from 2017/18 onwards were checked with 1 request for tree cutting received on 12 December 2023, please see Annex A.

2. While our aim is to provide information whenever possible, in this instance Transport Scotland does not have some of the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. This is because costs for these activities are included in the combined costs for works and not held individually. Reactive maintenance works have been carried out in this location to remove fallen and leaning trees. Pruning/cut back work was carried out around signs and crash barriers in 2017/18, and around verge marker posts in 2021/22.

3. No proposals for works in this location have been declined by Transport Scotland.

4. While our aim is to provide information whenever possible, in this instance Transport Scotland does not have some of the information you have requested. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs. This is because budgets are not allocated to a geographical area but rather work locations are identified through regular inspections and work packages known as schemes are proposed for the consideration and approval of Transport Scotland on the basis of safety, functionality of network assets and amenity.

5. A scheme is currently under development to remove fallen trees in this location and to fell trees at risk of falling. The work is programmed to be carried out at night starting 4 March 2024. Liaison with the local landowners is also underway to develop a long term solution to issues regarding trees within private 3rd party ownership.

6. Since 2013 these snowgates have been inspected and tested prior to the start of each winter period. In 2018 the snowgates at Helmsdale, Dunbeath and Berriedale were refurbished. This involved shot blasting and repainting. One of the gates at Berriedale was replaced as part of this refurbishment.

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 202400398361 - Information Released - Annex A

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