· FOI/EIR · partially withheld
Inspection reports, A83 north of Kilkenzie: EIR release
Information requested
Any recorded defects held by Transport Scotland. I have read your online asset managment plan and would like any recorded information by your road inspectors on their 7 day inspections,phone in system and website.
The stretch of road I am wanting information on for the last 2 years from 20/2/16 to 20/2/18 is the A83T from the village of Kilkenzie travelling 2 mile North past Ballievain farm to the car park known as west port.
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.
In response to your request, please refer to Annex A which is the Inspection Defect Report for 20 February 2016 to 20 February 2018.
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.