EIR/202500466406 · FOI/EIR · not held
Traffic flow data for Sheriffhall Roundabout and Edinburgh Bypass: EIR release
Information requested
Any reports on traffic levels/flow in the Sheriffhall roundabout area since 2008 + the same for the Edinburgh Bypass as a whole.
Traffic levels for the A7 between Newbattle and Sheriffhall roundabout + incidents such as accidents, closures, repairs per year since 2008.
The same for Old Dalkeith Road/A6106 between Dalkeith and Sheriffhall roundabout.
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.
To aid with my response, I have answered in the order that they were received:
You asked for any reports on traffic levels/flow in the Sheriffhall roundabout area since 2008 and the same for the Edinburgh Bypass as a whole.
Please see Annex A to this response for a copy of the traffic flows for the Sheriffhall Rbt and Edinburgh Bypass. Annex B contains the Traffic Models And Assessments Report which also provides further information on traffic levels.
An exception under www.transport.gov.scot 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.
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. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy. Additional information on traffic flow is available online and can be accessed using the following link - Report A720 Sheriffhall Roundabout 2018-10-04
You asked for traffic levels for the A7 between Newbattle and Sheriffhall roundabout and incidents such as accidents, closures, repairs per year since 2008.
Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have. We do not have the information you have requested because the A7 between Newbattle and Sheriffhall Roundabout is a Local Authority road as such we don’t hold this information.
However, you may wish to contact Midlothian Council at - Contact us | Midlothian Council who may be able to help you.
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. While we recognise that there may be some public interest in information about Traffic and incidents on the A7 between Newbattle and Sheriffhall Roundabout, clearly we cannot provide information which we do not hold.
You requested the same for Old Dalkeith Road/A6106 between Dalkeith and Sheriffhall roundabout.
Under the terms of the exception at regulation 10(4)(a) of the EIRs (information not held), Transport Scotland is not required to provide information which it does not have. Transport Scotland does not have the information you have requested because Old Dalkeith Road/A6106 between Dalkeith and Sheriffhall Roundabout is a Local Authority road as such we don’t hold this information.
However, you may wish to contact Midlothian Council at - Contact us | Midlothian Council who may be able to help you.
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. While we recognise that there may be some public interest in information about Traffic and incidents on the Old Dalkeith Road/A6106, clearly we cannot provide information which we do not hold.
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 www.transport.gov.scot 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.