Correspondence relating to the A737 Dalgarven road works: EIR release

Information requested

On 16/09/24 worked commenced on the A737 Dalgarven for the installation of a new filter drain and footpath construction.

I wish to request all information held by Transport Scotland in relation to this work. This should include, but not limited to,
- all emails and similar correspondence relating to the work
- all details of contracts and tenders
- number of complaints about the work and the reasons for the  complaints
- details around the exact work to be carried out, timeframes and full costings
- details about the operational working hours and days throughout the works
- details of what consideration was given to minimise traffic congestion
- details about any contracts for traffic management including conditions, requirements and specific costs of traffic management

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.

1. You asked for all emails and similar correspondence relating to works commencing on 16 September 2024 on the A737 Dalgarven for the installation of a new filter drain and footpath construction. 

Please see Annexes A and B to this response for a copy of emails and similar correspondence relating to works commencing on 16 September 2024 on the A737 Dalgarven for the installation of a new filter drain and footpath construction.

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.

2. You asked for all details of contracts and tenders relating to works commencing on 16 September 2024 on the A737 Dalgarven for the installation of a new filter drain and footpath construction.

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 the footway work is being delivered inhouse by Amey and as such no tender or contract was issued to subcontractors for the drainage element of these works. Our Operating Company, Amey, have agreed framework rates with subcontractors and the drainage pack was discussed and awarded to their supply chain partner, Drumclog, on that basis. The rates which Amey applied for this work have been agreed with Transport Scotland within the SW Network Management Contract - this means that the cost remains the same regardless of how Amey chose to deliver the work ie. self-delivery or with a supply chain partner.

3. You asked for the number of complaints about the work and the reasons for the complaints relating to works commencing on 16 September 2024 on the A737 Dalgarven for the installation of a new filter drain and footpath construction.

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 no complaints have been received.

4. You asked for details around the exact work to be carried out, timeframes and full costings relating to works commencing on 16 September 2024 on the A737 Dalgarven for the installation of a new filter drain and footpath construction. The works are approximately 400m of new footway construction with an uncontrolled crossing point incorporating drainage improvements. Drainage works commenced 16 September 2024 and were completed on 20 October 2024. The footway element consists of the full construction of a footway over a length of 394m. Footpath works commenced on 21 October 2024 and are scheduled to be completed on 15 November 2024. The total estimated cost for the entire scheme including both drainage and footway elements is £182,091.51.

5. You asked for details about the operational working hours and days throughout the works relating to works commencing on 16 September 2024 on the A737 Dalgarven for the installation of a new filter drain and footpath construction.

The operational hours for the footpath works, are 08:30 to 15:30 weekdays, for drainage works, 07:00 – 08:00 to 16:00 – 17:00 Monday to Friday with occasional weekend work Saturday and Sunday within the program with similar start / finish times. 

6. You asked for details of what consideration was given to minimise traffic congestion relating to  works commencing on 16 September 2024 on the A737 Dalgarven for the installation of a new filter drain and footpath construction. Traffic lights are in use which are controlled manually between 08:30- 9:30 and 15:30-16:30 to minimise disruption at peak times.

7. You asked for details about any contracts for traffic management including conditions, requirements and specific costs of traffic management relating to works commencing on 16 September 2024 on the A737 Dalgarven.

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 the footway element of the works is being carried by Amey's in-house team as a result no tenders or contracts were issued for the works or traffic management.

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 - 202400437612 - Information released - Annex A & Annex B

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