EIR/202600523158 · FOI/EIR · already published
Transport Scotland - Aviemore to Carrbridge non-motorised user (NMU) route planning application information: EIR release
Information requested
All information and communication between Transport Scotland and WSP UK Limited/Atkins Mouchel Joint Venture (AMJV)/Atkins Réalis in relation to the planning application process for the Aviemore to Carrbridge NMU route (the ACNMU route) for the period from March 31 2025 up to the current date.
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.
Please see Annex A which contains communications between Transport Scotland and Atkins (now Atkins Réalis) Mouchel (now WSP UK) Joint Venture (AMJV) in relation to the planning application process for the ACNMU route for the period from 31 March 2025 up to 20 June 2026.
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. This exception has been applied to Annex A.
Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. We have applied this regulation to Annex A. This information can be accessed using the below links:
2025/0109/DET | Formation of 3m wide 9km long segregated NMU route/path | Land Between Aviemore And Carrbridge PH22 And PH23
Communications regarding Non Motorised Route between Aviemore and Carrbridge: EIR release - gov.scot
Several attachments referenced within the emails contained in this Annex have not been included, as they were previously disclosed in response to your EIR request 202600516057 and are already available to you.
In addition, several of the attachments referred to in this Annex have not been included in this submission as they were draft versions of correspondence that are available as final versions at the first link above (the CNPA Planning Portal). Where they have not already been published, final versions of draft documents referred to in the correspondence requested for this EIR response have been provided.
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 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.