FOI Request - Section 91 Notices by Roads Department
Request 101003845867
1. Can you please provide the number of 'Section 91 - Vegetation Overhanging Roads' notices issued by the Moray Council roads department broken down into the number issued in each council ward per month for the last three years (2021-2024) and the same for 2025 to date.
2. If possible can you provide the number that were then actioned by the council and on average the cost recovered by the council in each of these instances.
3. Can you also provide a cost per annum spent by the roads department on dealing with Section 91 notices or similar.
4. What does Moray Council roads department deem to be a 'historic obstruction' such that they will not serve a Section 91 notice against it?
Response 25-09-2025
1. We do not hold data in Wards, however the table below show the data we store in our system regarding the number of enquiries that have resulted in a Section 91 letter being issued.
| Year | Jan | Feb | Mar | Apr | May | Jun | Jul | Aug | Sep | Oct | Nov | Dec | Grand Total |
| 2021 | - | - | <5* | <5* | <5* | <5* | <5* | <5* | <5* | - | <5* | <5* | 19 |
| 2022 | <5* | <5* | <5* | - | <5* | - | <5* | - | - | <5* | - | - | 14 |
| 2023 | - | - | - | - | <5* | <5* | <5* | <5* | <5* | <5* | <5* | <5* | 21 |
| 2024 | - | - | <5* | <5* | - | <5* | - | 6 | <5* | <5* | - | - | 13 |
| 2025 | <5* | - | - | - | - | <5* | <5* | <5* | <5* | - | - | - | 14 |
| Grand Total | <5* | <5* | <5* | <5* | <5* | 12 | 14 | 19 | 8 | 8 | <5* | <5* | 81 |
*The low numbers associated with this response may result in the identification of individuals. Therefore numbers between 1 and 5 have
been redacted and marked with <5 instead. This response is exempt under Section 38(1)(b) of the Freedom of Information (Scotland) Act 2002 - personal
information.
2. The vast majority of residents will take action upon receiving either a verbal or formal indication of them being in breach of Section 91 of the Roads (Scotland) Act. However, in the years requested, the council was forced to take action at 1 location, and no cost have been recovered to date.
3. Not held. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held.
4. There is no distinction between historic and new obstructions, each case is assessed individually to ensure that the action sought is reasonable and in accordance with the Roads (Scotland) Act.