Introduction

1.1 Background

1.1.1.

In August 2021, the Scottish Government and Scottish Green Party Parliamentary Group agreed a Cooperation Agreement and a shared policy programme called the Bute House Agreement (Scottish Government, 2021a; 2021b). As part of this shared policy programme, various agreed principles regarding investment in the transport network were set out. In relation to the A96, the Scottish Government committed to:

  • Taking forward a transport enhancements programme on the A96 corridor that improves connectivity between surrounding towns, tackles congestion and addresses safety and environmental issues. This will include:
    • Dualling from Inverness to Nairn.
    • Bypassing of Nairn, Keith, Elgin and Inverurie accompanied by measures to remove traffic from the by-passed town centres.
    • Targeted road safety improvements where needed, for example between Fochabers and Huntly and Inverurie to Aberdeen.
    • The development of an A96 “Electric Highway”.

1.1.2

The Cooperation Agreement noted the current plan is to fully dual the A96 route between Inverness and Aberdeen. The Cooperation Agreement confirmed there would be a transparent, evidence-based review to include a climate compatibility assessment to assess direct and indirect impacts on the climate and the environment. The Cooperation Agreement noted that the review will report by the end of 2022.

1.1.3

It has been agreed the review will be carried out in accordance with the Scottish Transport Appraisal Guidance (STAG). STAG is the best practice, objective-led approach to transport appraisal. The STAG appraisal shall consider all relevant transport modes within the A96 corridor, including roads-based transport, rail, public transport and active travel modes. Adopting STAG also brings the review into the same methodology as set out in the recently published second Strategic Transport Projects Review (STPR2).

1.1.4

Jacobs AECOM were subsequently appointed as consultants to assist Transport Scotland in carrying out a review of the A96 corridor, in-line with the commitment set out in the shared policy programme. The A96 Corridor Review is considering the transport problems and opportunities on the A96 corridor, changing transport habits, impact of climate change and other key considerations, such as development and growth aims for the corridor and surrounding area.

1.2 Impact Assessments

1.2.1

As part of the A96 Corridor Review, a Strategic Environmental Assessment (SEA) is required. The background to the SEA and SEA requirements is provided in Sections 1.4 and 1.5 respectively.

1.2.2

In addition to SEA, the Cooperation Agreement confirmed the requirement to produce a Climate Compatibility Assessment (CCA) to assess direct and indirect impacts on the climate and the environment. Various other assessments, including social and equality assessments, will also be required and these are described in Section 1.6.

1.3 Report Structure

  • Chapter 1 (this chapter) summarises the general background to the A96 Corridor Review and SEA and various other impact assessments required.
  • Chapter 2 provides a more detailed background and context for the A96 Corridor Review.
  • Chapter 3 shows the key relationships between A96 Corridor Review and other Plans, Programmes and Strategies (PPS), including the environmental requirements associated with them.
  • Chapter 4 provides a summary of the existing environment (the ‘environmental baseline’), which is provided in full in Appendix D.
  • Chapter 5 describes the approach to stakeholder engagement and consultation throughout the A96 Corridor Review and the SEA.
  • Chapter 6 sets out the proposed approach for undertaking the SEA.
  • Chapter 7 summarises the next steps required for consultation and key milestones
  • Appendix A contains the Screening Report, used to determine the requirement for SEA.
  • Appendix B contains the constraints plans, depicting nationally or internationally significant environmental, landscape and cultural heritage designations.
  • Appendix C contains a comprehensive review of the relevant PPS that are summarised in Chapter 3 of this report.
  • Appendix D contains the environmental baseline data for the 15km wide study area (the baseline is summarised in Chapter 4 of this report).
  • Appendix E contains a review of legislation relevant to the nine principal environmental topics considered in the SEA.

1.4 Background to the A96 SEA

1.4.1

In 2015, a Design Manual for Roads and Bridges (DMRB) Stage 1 Assessment for the initial development and assessment of broadly defined improvement strategies for the upgrade of the A96 to a Category 7A all-purpose dual carriageway was published. A two-phased SEA was also carried out at this time, with reports published in 2014 and 2015, and the Post Adoption Statement published in 2016 (CH2M, 2016).

1.4.2

Due to the Bute House Agreement (see Section 1.1) requirement for a transparent, evidence-based review of A96 transport options, there was a need to undertake a new SEA Screening in 2022, to assist in the determination as to whether an SEA was required. This SEA Screening, included as Appendix A of this Scoping Report, concluded that a new SEA would be required, to establish the likely significant environmental effects of the A96 transport options. However, some of the data and methodology from the previous SEA (Halcrow, 2014) has been incorporated into this SEA, as described in Chapter 4.

1.5 SEA Requirements

1.5.1

SEA is a means of systematically assessing the likely impact of a public plan, programme or strategy on the environment. The Environmental Assessment (Scotland) Act 2005 (hereafter referred to as the Environment Act) transposes the requirements of the European Community SEA Directive (2001/42/EC). Under the Environment Act, those bodies preparing qualifying Scottish plans are required to undertake a SEA of plans that are likely to have significant environmental effects, if implemented.

1.5.2

The SEA aims to offer greater protection to the environment by ensuring public bodies (in this case, Transport Scotland) and those organisations preparing plans of a ‘public character’ consider and address the likely significant environmental effects. While SEA is not legally required under the legislation (as the A96 Corridor Review does not constitute a plan, programme or strategy), SEA was proposed as the most appropriate and robust framework for identifying potential environmental effects and opportunities at a high-level. The SEA process also ensures that relevant stakeholders are given an early opportunity to comment on and influence the proposals.

1.5.3

The key stages for SEAs in Scotland are as follows:

  • SEA Screening - Following the requirements of the Environment Act, Screening was undertaken to assist in the determination as to whether the A96 Corridor Review would be likely to have significant environmental effects which would require SEA. A Screening Report was submitted to Transport Scotland in March 2022 (refer to Appendix A). Following review of the Screening Report, Transport Scotland confirmed the intention to progress with the SEA for the A96 Corridor Review.
  • SEA Scoping (this stage) – The purpose of this Scoping stage is to describe the environmental context, by establishing the relevant baseline information, reviewing other relevant plans, programmes and strategies (PPS) and identifying environmental problems and opportunities. The Scoping Report also provides details of the methodology and data sources that will be used in the SEA. The Scoping Report is intended to provide sufficient information about the A96 Corridor Review and its potential environmental effects to allow the Consultation Authorities to provide an informed view regarding the environmental topics to be included in the SEA. Comments from the Consultation Authorities (listed in Section 1.5.6) on this Scoping Report will be responded to in the draft Environmental Report.
  • STAG Environmental Report – This report will summarise the environmental appraisal of transport options. It will be consulted on at the same time as the STAG consultation, to allow any consultation feedback on the STAG appraisal to refine the SEA methodology, if necessary, before the environmental assessment of DMRB Stage 1 options begins.
  • Draft SEA Environmental Report (see Chapter 6) – The assessment stage will establish the likely significant (positive and negative) environmental effects of implementing the A96 Corridor Review options. Any potential reasonable alternatives will also be considered at this stage, along with viable mitigation measures to avoid, reduce or offset adverse effects. The assessment and a summary of key findings will be included in the draft Environmental Report, which will be made available for consultation alongside the A96 Corridor Review DMRB Stage 1 Assessment (see Section 2.4).
  • Final Environmental Report (that responds to SEA consultation comments and any post-consultation updates to the A96 Corridor Review reporting).
  • Post Adoption Statement - This statement will be produced after the A96 Corridor Review has been completed. It will outline how the assessment and consultation responses have been considered within the finalised A96 Corridor Review. It will also include the final environmental monitoring programme for the A96 Corridor Review. Post Adoption Statements are intended to improve the transparency of the decision-making process within options that are part of the A96 Corridor Review.

1.5.4

The SEA topics, to be considered at all SEA stages, are:

  • Biodiversity, fauna and flora;
  • Population and human health;
  • Water and soil;
  • Air;
  • Climatic factors;
  • Material assets;
  • Cultural heritage;
  • Landscape.

1.5.5

The relationships between these SEA topics will also be discussed, as described in Section 4.11 of this report.

1.5.6

The SEA is developed to incorporate the feedback from statutory Consultation Authorities. The Scottish statutory Consultation Authorities are:

  • Scottish Environment Protection Agency (SEPA);
  • NatureScot;
  • Historic Environment Scotland (HES).

1.5.7

The role of the Consultation Authorities within SEA is to bring their individual environmental expertise to the assessment process. This can help to ensure that the future consultation process undertaken by a Responsible Authority (in this case Transport Scotland) is more robust. This in turn means that the public can gain a better understanding of the likely effect of a plan on the environment and meaningfully contribute to the plan’s preparation process by offering an informed view (Scottish Government, 2013).

1.5.8

The Consultation Authorities are also members of an Environmental Steering Group (ESG) that was formed for previous projects associated with the A96 – the ESG is described in Section 5.2.

1.6 Related Assessments

1.6.1

Where not already covered by assessments for other plans, policies and programmes, the A96 Corridor Review is accompanied by other environmental-related impact assessments. These comprise this SEA, as described in Section 1.5, a strategic Habitats Regulations Appraisal (HRA), a Climate Compatibility Assessment, and potentially a Strategic Flood Risk Assessment (SFRA) (if required).

1.6.2

The need for various other assessments, including an Equalities Impact Assessment (EqIA), Fairer Scotland Duty Assessment and Child Rights and Wellbeing Assessment is currently being determined through the preparation of a separate Social and Equalities Impact Assessment (SEqIA) Scoping Report. A Partial Business and Regulatory Impact Assessment (BRIA) will also be prepared as a separate document.

1.6.3

These impact assessments will interact and complement one another and provide additional insight into key environmental concerns relating to the A96 Corridor Review.

Climate Compatibility Assessment

1.6.4

The Bute House Agreement confirmed there would be a transparent and evidence-based review of the A96 Dualling between Inverness and Aberdeen, including a climate compatibility assessment to assess direct and indirect impacts on the climate and the environment.

1.6.5

Jacobs AECOM are developing an assessment methodology, informed by existing best practice and alignment to national strategy and policy. The approach to the Climate Compatibility Assessment will be developed during the STAG Initial Appraisal (Case-for-Change) and Preliminary Appraisal stages and used to assess the options under consideration at the Detailed Appraisal stage. The CCA will remain as a separate and standalone assessment to the SEA process.

Habitats Regulations Appraisal (HRA)

1.6.6

The EU Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora (hereafter referred to as the Habitats Directive) was adopted in 1992 (as amended). The primary aim of the Habitats Directive is to promote the conservation of biodiversity by requiring Member States to take measures to maintain or restore natural habitats and wild species of European interest listed in the Annexes to the Directive at a favourable conservation status. It also introduces robust protection for those habitats and species of European importance.

1.6.7

Article 6(3) of the EC Habitats Directive requires that any plan which is not directly connected with or necessary to the management of a European site but may be likely to have a significant effect on such a site, either individually or in combination with other plans or projects, shall be subject to an ‘appropriate assessment’ of its implications for the European site in view of the site’s conservation objectives. The application of the precautionary principle is implicit in the Habitats Directive, which requires that the conservation objectives of European sites should prevail where there is uncertainty (European Commission, 2001). Where scientific information is insufficient, inconclusive, or uncertain, the precautionary principle is applied. This procedure is applied in Scotland through The Conservation (Natural Habitats, &c.) Regulations 1994 (as amended), and is known as the ‘Habitats Regulations Appraisal’ (HRA) of plans. These regulations remained in place post 31st December 2020, with only minor changes being introduced by the Conservation (Natural Habitats, &c.) (EU Exit) (Scotland) (Amendment) Regulations 2019.

1.6.8

Under the Habitats Regulations, a network of sites has been designated across Scotland and its marine environment for the purposes of nature conservation. This network comprises sites known as Special Areas of Conservation (SACs) and Special Protection Areas (SPAs). SACs are designated for the protection of habitats, plants and non-avian animal species of conservation concern. SPAs are designated to protect rare or vulnerable species of bird, as well as certain regularly occurring migratory bird species. In addition, Candidate and Possible SACs, Potential SPAs and Ramsar wetlands (designated under the Convention on Wetlands of International Importance) should be included in appraisals as they are afforded the same level of protection as European sites under domestic policy. European sites are designated due to the presence of specific habitats and species of internationally important biodiversity value, otherwise known as ‘qualifying interest features.’

1.6.9

Prior to the UK’s exit from the European Union (EU), Scotland’s SACs and SPAs were part of a wider European network of such sites known as the ‘Natura 2000 network’. They were consequently referred to as ‘European sites’. Now that the UK has left the EU, Scotland’s SACs and SPAs are no longer part of the Natura 2000 network but form a part of a UK-wide network of designated sites referred to as the ‘UK site network’. However, it is current Scottish Government policy to retain the term ‘European site’ to refer collectively to SACs and SPAs (including any which are designated following the UK’s exit from the EU).

1.6.10

Each stage in the development of the A96 Corridor Review will be assessed to determine if there might be any potential indirect or direct significant effects on European sites. As the A96 Corridor Review transport options develop, including any further spatial detail or indicative maps of transport options, they will continue to be reviewed from an HRA perspective, to determine if HRA Screening of these options is required. This approach is similar to that used for the wider STPR2 HRA and this approach will be discussed and agreed with NatureScot, the statutory nature conservation body (SNCB) for HRAs in Scotland. Discussions with NatureScot and refinement of the HRA approach will continue throughout the progression of the A96 Corridor Review. Any HRA reports will be produced independently of the SEA.

Strategic Flood Risk Assessment

1.6.11

Strategic Flood Risk Assessment (SFRA) is designed to inform the development planning process, primarily to avoid increasing overall flood risk by avoiding areas of flood hazard. It constitutes a strategic overview of flood risk to the development plan area and should involve the collection, analysis and presentation of all existing, available and readily derivable information on flood risk from all relevant sources.

1.6.12

Scottish Planning Policy (SPP) requires that the planning system should prevent development which would have a significant probability of being affected by flooding or would increase the probability of flooding elsewhere. Planning authorities must consider the probability of flooding from all sources and associated risks when preparing development plans. SPP states that development plans should use SFRA to inform choices about the location of development and policies for flood risk management.

1.6.13

The key elements of SFRA should include:

  1. Information on current flood hazard for all potential sources of flooding
  2. Information on current flood risk for all potential sources of flooding
  3. Information on potential flood hazard and risk due to climate change
  4. Information on existing flood protection schemes and other flood risk management infrastructure
  5. Identification of the functional floodplain (including built-up areas and undeveloped/sparsely developed areas)
  6. Identification of relevant drainage issues
  7. Identification of sites or areas constrained by flood risk
  8. Information on growth pressures in the area.

1.6.14

The need for potentially undertaking a SFRA is being kept under review at present.