FOI/202400439087 · FOI/EIR · partially withheld
De-trunking of the B7078: EIR release
Information requested
I am looking for colour copies of the de-trunking order/s and plans, and any other relevant associated formal documents, relating to the de-trunking of the B7078 at Lesmahagow which I understand followed the completion of the M74 motorway. Specifically, I am looking for documents relating to the section of the B7078 which runs between M74 junction 9 at Kirkmuirhill, Lesmahagow and junction 11 at Lesmahagow. Copies of correspondence relating to these works are not required.
Based on my research it appears that this section of the B7078 was part of the former A74 route which was superseded by the M74, with this section being downgraded following the completion of the “Draffan to Poniel” works which formed part of the M74 works to create junctions 9-11 with the opening date of 27 October 1986, although please advise if that’s not correct.
Response
As all of 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 find attached a copy of the requested detrunking order and associated plans covering the section of road mentioned.
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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.