Publication - FOI/EIR release

Transport Scotland - Junction A84, between the Loch Lubnaig South Car Park and Stank Road: EIR release

Published: 14 October 2024
Topic: Public sector, Transport
FOI reference: FOI/202400432700
Date received: 19 September 2024
Date responded: 26 September 2024

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

Information requested

Information relating to the A84 between the junction with the Loch Lubnaig South Car Park and the junction with Stank Road from January 2023 to date.

In particular, the following information: -

1. Information including sight of any written or electronic communication detailing the roads inspection regime, including dates of inspections, and records for the A84 between the junction with the Loch Lubnaig South Car Park and the junction with Stank Road from January 2023 to date.

2. Confirmation of the Roads Inspection Manual in use for inspecting the A84 between the junction with the Loch Lubnaig South Car Park and the junction with Stank Road from January 2023 to date.

3. Information relating to any road surface defects on the A84 between the junction with the Loch Lubnaig South Car Park and the junction with Stank Road from January 2023 to date.

4. Information including sight of any written or electronic communication detailing any reports or complaints of road surface defects on the A84 between the junction with the Loch Lubnaig South Car
Park and the junction with Stank Road from January 2023 to date.

5. Information including sight of any written or electronic communication detailing any reports of road traffic incidents occurring on the A84 between the junction with the Loch Lubnaig South Car Park and the junction with Stank Road from January 2023 to date.

6. Information detailing all scheduled, undertaken or planned road maintenance and remedial works, whether temporary or otherwise, on the A84 between the junction with the Loch Lubnaig South Car Park and the junction with Stank Road from January 2023 to date.

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.

I enclose some of the information you requested.

1. Please see Annex A to this response in answer to your question 1. requesting information including sight of any written or electronic communication detailing the roads inspection regime, including dates of inspections, and records for the A84 between the junction with the Loch Lubnaig South Car Park and the junction with Stank Road from January 2023 to date.

2. Please see Annex B to this response for a copy of the current Trunk Roads Information Manuel (TRIM),i n answer to your question 2. requesting details of the current Trunk Roads Inspection Manual in use for inspecting the A84 between the junction with the Loch Lubnaig South Car Park and the junction with Stank Road from January 2023 to date.

3. Please see Annex A to this response in answer to your question 3. requesting information relating to any road surface defects on the A84 between the junction with the Loch Lubnaig South Car Park and the junction with Stank Road from January 2023 to date.

4. Please see Annexes C(1), C(2) and C(3) to this response in answer to your question 4. requesting information including sight of any written or electronic communication detailing any reports or
complaints of road surface defects on the A84 between the junction with the Loch Lubnaig South Car Park and the junction with Stank Road from January 2023 to date.

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.

5. Please see Annexes D-F to this response in answer to your question 5. requesting information including sight of any written or electronic communication detailing any reports of road traffic incidents occurring on the A84 between the junction with the Loch Lubnaig South Car Park and the junction with Stank Road from January 2023 to date.

6. In answer to your question 6. requesting information detailing all scheduled, undertaken or planned road maintenance and remedial works, whether temporary or otherwise, on the A84 between the junction with the Loch Lubnaig South Car Park and the junction with Stank Road from January 2023 to date.

While our aim is to provide information whenever possible, in this instance Transport Scotland does not have 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 there has been no completed planned maintenance works carried out between January 2023 to present.

About FOI

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