EIR/202500448769 · FOI/EIR · partially withheld
A90 at Kingsway Dundee manhole cover: EIR release
Information requested
Information in relation to a manhole cover on the A90 at Kingsway Dundee.
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.
1. Amey raised a defective apparatus Notice under the terms of the New Roads and Streetworks Act 1984 (NRSWA) . As none of the Statutory Undertakers confirmed responsibility, Amey took the decision to backfill the manhole to safeguard all road users.
2. The decision to backfill and reinstate the area was taken by Amey on the 19th September.
3. Amey undertook the works as none of the Statutory Undertakers took responsibility for the defective apparatus. Furthermore none of the Statutory Undertakers confirmed it was their asset.
Virgin Media did undertake a site visit and confirmed the apparatus is not theirs.
About FOI
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Contact Please quote the FOI reference Central Correspondence Unit Email: contactus@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrew's House Regent Road Edinburgh EH1 3DG
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.
Attachments
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