EIR/202600514569 · FOI/EIR · partially withheld
Transport Scotland - Tomatin to Moy A9 dualling Peat Management Plan: EIR release
Information requested
A copy of the Peat Management Plan, associated design details and SEPA consultation, relating to the Tomatin to Moy A9 dualling, as referenced in your article published on 25th September 2025: Peat plans target environmental gains on A9 Dualling (https://www.transport.gov.scot/news/peat-plans-target-environmental-gains-on-a9-dualling/).
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.
I enclose a copy of the Peat Management Plan you requested in PDF format entitled Annex A.
An exception under regulation 11(2) of the EIRs (personal information) applies to some of the Peat Management Plan 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.
With regards to the associated design details, while our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because an exception under regulation 12(4)(d)of the EIRs applies to that information as this relates to material that is still in the course of completion.
With regards to the SEPA consultation, While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested as the consultation took place between our contractor and SEPA and our contractor is not required to submit copies of materials produced in the course of consultations. Therefore we are refusing your request under the exception at regulation 10(4)(a) of the EIRs.
However, you may wish to contact the Scottish Environmental Protection Agency (SEPA) at Access to information | Beta | SEPA | Scottish Environment Protection Agency.
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.
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. An exception under regulation 11(2) of the EIRs (personal information) applies to some of the Peat Management Plan 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.