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FOI/19/00908 · FOI/EIR · partially withheld

Work on laybys on A96 through Moray, cost comparisons: EIR release

Published
2019-05-10
Received
2019-03-29
Responded
2019-05-10
Directorate
Topic
Public sector, Transport
Exemptions
20, 39(2)

Information requested

“I would like to ask 2 Freedom of Information questions, in regards to work on laybys on the A96 through Moray.

How much did it cost to carry out the recent work on the A96 layby on the north side of the A96 just east of Terie Crossroads?

The second FOI questionis, how much did it cost to carry out similar work on the layby on the south side of the A96, between Barmuchity and Lhanbryde?”

To which we clarified on 29 March the timeframe of your request.

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.

The total cost to carry out the recent work on the A96 layby on the north side of the A96 just east of Terie Crossroads was £17,462.82. These works were completed in 2019.

The total cost to carry out similar work on the layby on the south side of the A96, between Barmuchity and Lhanbryde was £36,625.50. These works were completed in December 2016.

About FOI

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

Contact Please quote the FOI reference Central Enquiry Unit Email: ceu@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrews House Regent Road Edinburgh EH1 3DG

Detected exemption language

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.

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