Dear Alex

ENVIRONMENTAL INFORMATION REGULATIONS: VARIABLE MESSAGE SIGNS

In response to your request of 6^th November, which I have answered under the Environmental Information Regulations, I can confirm that Variable Message Signs are exempt from the planning process under the General Powers of Development within the Highways Act 1980.

The Planning Act 2008 has changed the way future highway schemes will be considered. The Act will apply to highway projects that are deemed to be “nationally significant infrastructure projects” and have a “significant effect on the environment”. Under the current interpretation of the terms it is likely that provision of Variable Message Signs will remain exempt.

However, highways projects such as the installation of VMS are subject to screening for Environmental Impact Assessment (EIA) and a determination process must be followed that meets the requirements of the EIA Directive and the EIA Regulations. EIA need is determined by significance of effect.

In keeping with the spirit and effect of the Freedom of Information Act, all information is assumed to be releasable to the public unless exempt. We will, therefore, be simultaneously releasing to the public the information you requested, together with any related information that will provide a key to its wider context via our website: http://www.highways.gov.uk/

The information supplied to you continues to be protected by the Copyright, Designs and Patents Act 1988. You are free to use it for your own purposes, including any non-commercial research you are doing and for the purposes of news reporting. Any other re-use, for example commercial publication, would require the permission of the copyright holder.

If you are unhappy with the way we have handled your request, you may ask for an internal review. A leaflet detailing our internal review process is available. If you require a copy, please phone the Highways Agency Information Line on 08457 50 40 30; or e-mail [Highways Agency request email]. You should contact me if you wish to complain.

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future communications.

Yours sincerely

Marion Fisher

Network Operations Directorate Business Team

Email: [email address]

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