· FOI/EIR · partially withheld
Closures/temporary traffic lights due to Land slippage: EIR release
Information requested
Details of all current closures or temporary traffic lights due to Land slippage on roads which transport Scotland is responsible for maintaining, including:
Road number Approximate location Length of time the lights have been in place or the road has been closed Estimated date for the section of road to fully reopen where available Estimated cost of repairing the section of road where available
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 details requested are contained in the table below:
Road Number Approx Location Installation Current Estimated re-opening date/removal of temporary traffic lights Current Estimated Construction Costs A77 Cairnryan Nov-14 Information not currently held £835,000 A77 Kennedy's Pass Feb-17 Aug 17 £11,000 A76 Enterkinfoot Nov-14 Information not currently held Information not currently held
An exception under regulation 10(4) (d) of the EIRs (unfinished or incomplete information) applies to some of the information you have requested because it is material which is still in the course of completion. Work is on-going at present to complete the engineering design, confirm the estimated delivery dates and estimated costs for the remedial works at Cairnryan and Enterkinfoot.
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. We recognise that there is some public interest in release as part of open, transparent and accountable government. However, this is outweighed by the public interest in ensuring that unfinished or incomplete information which is still in being worked on or is under active consideration is not disclosed when it might misinform the public or give a misleading impression of the Government's view or position on the matter to which the information relates.
Traffic lights will remain in place until works are completed as per the landslide action plan.
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. The details requested are contained in the table below: Road Number Approx Location Installation Current Estimated re-opening date/removal of temporary traffic lights Current Estimated Construction Costs A77 Cairnryan Nov-14 Information not currently held £835,000 A77 Kennedy's Pass Feb-17 Aug 17 £11,000 A76 Enterkinfoot Nov-14 Information not currently held Information not currently held An exception under regulation 10(4) (d) of the EIRs (unfinished or incomplete information) applies to some of the information you have requested because it is material which is still in the course of completion.
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