Maintenance of pathway between Eurocentral and Shawhead: EIR release

Information requested

I would like a copy of any documentation that you hold in regards to who is responsible for the maintenance of the pathway between Eurocentral and Shawhead.

I would also like a copy of any risk assessment or such that was carried out in regards to building the pathway but not installing any street lighting.

Response

Scottish Roads Partnership (SRP) and its contractor Amey are responsible for the operation and maintenance of the M8 M73 M74 Motorway Improvements Project at this location on behalf of Transport Scotland. Please refer to the Transport Scotland website for a map of SRP’s trunk road network. A map of SRP’s trunk road network can be found here: Project details | Overview | Transport Scotland.

The location between Eurocentral and Shawhead has shared responsibility, with SRP responsible for the footway between Eurocentral and the rail bridge near to Carnbroe footbridge. The section of footway from the west side of the rail bridge near Carnbroe footbridge to Shawhead Junction, is the responsibility of North Lanarkshire Council (NLC), who adopted it circa April 2018. It may be helpful to note that NLC are also responsible for the cycleway & footpath between Shawhead Junction and Bargeddie Junction (Showcase). 

SRP have supplied land made available (LMA) drawings which highlight which areas both SRP and NLC are responsible for (see attachments). Areas with green coloured hatchings including lines are NLC’s responsibility and areas in red coloured hatchings including lines are SRP’s network.

Please see Annexes A, B and C to this response for copies of land made available drawings (LMA) which highlight the areas both SRP and NLC are responsible for. Areas with green coloured hatchings including lines are NLC’s responsibility and areas in red coloured hatchings including lines are SRP’s network.

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.

Regarding your request for a copy of the risk assessment for the construction of the pathways but not installing any streetlighting. Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have. Transport Scotland does not have the information you have requested because there is no specific risk assessment document for the area of Eurocentral to Shawhead. 

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 information about any risk assessment for the construction of the pathways but not installing any streetlighting, clearly we cannot provide information which we do not hold.

Transport Scotland ensures that trunk roads are designed with the most up-to-date standards to ensure they:

• Adhere to the design standards in the Design Manual for Roads and Bridges (DRMB)
• Are safe and accessible to all users

The DRMB sets a standard of good practice that has been developed principally for the trunk road and motorway network. It may also be applicable in part to other roads with similar characteristics. Where it is used for local road schemes, it is for the local roads authority to decide on the extent to which the documents in the manual are appropriate in any particular situation. The DMRB can be accessed here Design Manual for Roads and Bridges

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 202400441572 - Information released - Annex A, B & C

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