A96 Dualling Inverness to Nairn (including Nairn Bypass): EIR release

Information requested

“In relation to the Nairn Bypass (which is due to commence construction works relatively soon) how many tonnes of sand and gravel will be required as part of the overall construction supplies contracts?

Also, what is the anticipated duration of the bypass construction period (eg four years, five years, etc).”

Response

As all of 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.

In relation to the Nairn Bypass (which is due to commence construction works relatively soon) how many tonnes of sand and gravel will be required as part of the overall construction supplies contracts?

We are refusing your request under the exception at regulation 10(4)(a) of the EIRs. 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 we do not hold information on the amount of sand and gravel to be used as construction supplies for the A96 Nairn Bypass. The volumes of these specific materials are not confirmed at this stage of development as they will be determined by the contractor responsible for the scheme’s construction.

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. While we recognise that there may be some public interest in the requested information, clearly, we cannot provide information which we do not hold.

Also, what is the anticipated duration of the bypass construction period (eg four years, five years, etc).

Following the publication of Made Orders for the A96 Dualling Inverness to Nairn (including Nairn Bypass) scheme 12 March 2024 (Major Milestone towards delivering a Nairn Bypass | Transport Scotland), we have commenced work to determine the most suitable procurement option for delivering the scheme, thereafter a timetable for progress can then be set in line with available budgets. The work will also consider the potential for phasing the delivery of the full scheme, including consideration of a Nairn Bypass section.

An indicative construction programme for the A96 Dualling Inverness to Nairn (including Nairn Bypass) scheme is provided in Section 4.12.1 and Table 4.13 of the DMRB Stage 3 Scheme Assessment Report. The construction of the proposed full Scheme is expected to take place over 3-4 years depending on the procurement route selected.

Details of the estimated earthworks materials required for the construction of the scheme are outlined in Section 4.3.31 of the DMRB Stage 3 Scheme Assessment Report

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.