The Landscape Maintenance Work Pack within Nairn: EIR release

Information requested

"I am seeking information under FOI to confirm why the policy was changed which has transform the entrance to Nairn as an attractive welcoming approach to the town to a litter gathering wasteland."

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

Background

Following a public request to improve biodiversity, a survey was carried out in 2020 and associated grass maintenance regime report from Highland Ecology and Development Ltd. (A96 Trunk Road at Nairn – Vegetation Assessment, 2021), the grass maintenance regime was reduced.

In 2020, Transport Scotland (TS) stopped mowing certain high amenity grass areas maintained by the previous Operating Company (BEAR Scotland) at Balmakeith at the eastern side of Nairn. The grassed areas are located both sides of the A96 Forres Road from the railway bridge east to Sainsburys Superstore. These unmown areas are bounded by housing, industrial units, vacant land, road and rail.

Please find see Annex A to this response for a copy of the A96 Nairn Maintenance Report which includes Purpose of the Pack as shown below.

Purpose of the Pack

This Landscape Maintenance Work Pack identifies the locations of the five bulb areas containing either crocus or grape hyacinth planted within Nairn.

The report sets out the following:

• Locations of all crocus and grape hyacinth bulb planted areas; and
• Reduced grass maintenance regime associated with biodiversity’

Please see Annexes B- C to this response for a copy of all other information we hold in relation to cessation of grass cutting in Nairn. 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.

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.

EIR 202400436753 - Information Released - Annex

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