Number of Roadworks 2021-2022

Dear Sir/Madam

I acknowledge receipt of your email which is receiving attention.

I shall contact you again when I am in a position to respond more fully to your request.

Yours faithfully.

Jacqueline Keachie
For Freedom of Information Co-ordinator
North Lanarkshire Council
Contact by email

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Dear Sir / Madam

Request for Information

I refer again to your e-mail dated 14 September 2022 seeking information
in relation to street works and road works.

Having regard to the nature of your request, it appears to me that it is
governed by the provisions of the Environmental Information (Scotland)
Regulations 2004 – rather than the Freedom of Information legislation –
and it is in terms of these Regulations that my response is made.

Returning to your request and having investigated I can advise as
follows:-

·                In the financial year 2021/22 there were 2,432 (including
35 which started in 2020/21 but finished in 2021/22) North Lanarkshire
Council street/road works.

·                The cost of these works are not held in a format that
renders it readily available.

            Accordingly, I must advise you in terms of Regulation 10(4)(b)
of the Environmental Information (Scotland) Regulations 2004 that the cost
of complying with this part of your request would be manifestively
unreasonable and, in all the circumstances of the case, it has been
concluded that the public interest in disclosing the information is
outweighed by that in maintaining the exemption.

             By way of explanation each individual job would have to be
interrogated to establish if these costs have been recorded or subsumed
into the overall costs.

              With regard to the public interest test required for the use
of this exemption, I acknowledge the general public interest in
road/street works.  However, compiling and preparing the large amount of
information sought would involve considerable staff resources being
diverted for a considerable amount of time.  Accordingly, in all the
circumstances of the case, I believe that the public interest in
disclosure is outweighed by the public interest in preventing
disproportionate levels of disruption to the Council’s functions by
diverting the resources required to deal with this request.

·                Works carried out by third parties is publicly available
from the Scottish Roadworks Commissioner and for ease of reference their
e-mail address is as follows:-

[1][email address]

·                The roadworks data recorded on the Scottish Roadworks
Register (SRWR) is now available as Open Data on the undernoted link:-

[2]https://roadworks.scot/opendata

I can advise that North Lanarkshire Council, having regard to the
provisions of Regulation 16 of the Environmental Information (Scotland)
Regulations 2004, has established a procedure whereby any person who has
requested information in terms of those Regulations, may make
representations if it appears to the applicant that the authority has not
complied with any requirements of the Regulations in relation to the
applicant’s request.  Any such representations require to be made in
writing and received by the Council not later than 40 working days after
either the date that the applicant receives any decision or notification
which the applicant believes does not comply with these Regulations or the
date by which such a decision or notification should have been made, or
any other action should be taken by the authority, but was not made or
taken.  Any such representations should be addressed to the Head of Legal
and Democratic Solutions, Civic Centre, Windmillhill Street, Motherwell,
ML1 1AB.  Accordingly, if you wish to seek a review, please write to the
Head of Legal and Democratic Solutions.

I would advise, also, that in terms of Regulation 17 of the Environmental
Information (Scotland) Regulations 2004, a person who is dissatisfied with
a notice given by the local authority under Regulation 16(4) of the
Regulations - ie. a notice following a review of a decision by a local
authority, or by the failure of a local authority to give such a notice -
may make application to the Scottish Information Commissioner for a
decision as to whether, in any respect specified in that application, the
request for information to which the requirement relates has been dealt
with in accordance with the Regulations.  Such an application must be made
within six months of the review decision and be in writing or in another
form which, by reason of it having some permanency is capable of being
used for subsequent reference.  The application must state the name of the
applicant and provide an address for correspondence.  The application must
also specify the request for information to which the requirement for
review relates, the matter which gave rise to the applicant’s
dissatisfaction with the original decision of the local authority and the
matter which gives rise to the applicant’s dissatisfaction with the
decision on review by the local authority or the failure of the local
authority to issue such a decision.  The Scottish Information Commissioner
can be contacted as follows:-

Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St. Andrews

KY16  9DS

email: [3][email address]

Appeals to the Scottish Information Commissioner can also be made online
via the following link: -

[4]www.itspublicknowledge.info/Appeal

I hope this information is sufficient for your purpose.  If, however, you
require further information – or I can assist in any other way – please
let me know.

Yours sincerely

Jacqueline Keachie

For Freedom of Information Co-ordinator

North Lanarkshire Council

Contact by email

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