Legislative and Policy Context

3.1 Policy Context

3.1.1

The A96 Corridor Review is undertaken within the context of national, regional and local PPS in Scotland. A comprehensive review of PPS from national, regional and local levels is provided in Appendix C (Plans, Programmes and Strategies Review). A summary of the key PPS is provided below.

3.2 National Planning Framework 4 (NPF4)

3.2.1

The Scottish Government’s 2022-2023 Programme for Government highlights the significance of the National Planning Framework to put planning at the heart of delivering green, inclusive and long-term sustainable development in Scotland. The National Planning Framework includes a long-term spatial strategy to 2045. This reflects the range of Scottish Government policies, including the Infrastructure Investment Plan (IIP) 2021-22 to 2025-26. It will guide spatial development, set out national planning policies, designate national developments and highlight regional spatial priorities.

3.2.2

On 8 November 2022, the Revised Draft NPF4 was laid in the Scottish Parliament. Once approved by the Scottish Parliament and adopted by the Scottish Ministers, NPF4 will become part of the statutory development plan and will directly influence planning decisions. The Revised Draft NPF4 sets out a need to “embrace and deliver radical change to tackle and adapt to climate change, restore biodiversity loss, improve health and wellbeing, build a wellbeing economy and create great places.” NPF4 recognises the need to plan our places in a way that reduces the need to travel, especially by unsustainable modes, and promotes a shift to active and sustainable travel.

3.2.3

The Revised Draft NPF4 embeds, for the first time, the NTS2 Sustainable Travel Hierarchy and Sustainable Investment Hierarchy into planning decision making and development planning. The Revised Draft NPF4 spatial strategy sets out a local living approach whereby future places, homes and neighbourhoods will be connected, livable, thriving places with sustainable travel options and where car dominance is reduced.

3.2.4

To meet many of the future needs of society, it is crucial that services and facilities are easily and affordably accessed. Therefore, Revised Draft NPF4 advocates the infrastructure-first approach in planning for future development to provide communities with the opportunity to travel sustainably from the outset.

3.2.5

The A96 corridor broadly falls between two regional action areas identified in Draft NPF4. The North-East Transition action area (with a focus to move the economy away from the oil and gas sector and transition to clean, greener energy solutions), and the Northern Revitalisation action area (with priorities to create stronger, resilient rural communities, decarbonise connectivity and make the most of exceptional natural and cultural heritage).

3.2.6

The Revised Draft NPF4 also sets out ‘The Six Qualities of Successful Places’:

  • Designed for lifelong health and wellbeing;
  • Safe and pleasant;
  • Well-connected and easy to move around;
  • Distinctive;
  • Sustainable;
  • Adaptable.

3.3 National Transport Strategy 2 (NTS2)

3.3.1

In February 2020, NTS2 was published, outlining an updated vision over a twenty-year period for a transport system which is: 

sustainable, inclusive, safe and accessible transport system, helping deliver a healthier, fairer and more prosperous Scotland for communities, businesses and visitor. - 2020 (p.4)

3.3.2

The vision is underpinned by four priorities:

  • Reducing inequalities through the provision of fair, easy and affordable access to transport services;
  • Taking climate action by ensuring Scotland’s transport system helps deliver the Scottish Government’s net-zero carbon emission target by 2045, adapts to the effects of climate change and promotes the use of sustainable travel options;
  • Delivering inclusive economic growth by ensuring Scotland’s transport network and services will be effectively integrated with spatial and land use planning and economic development, adapt to the changing requirements of citizens, businesses and visitors, provide reliable journey times, and use new and innovative products, services and technologies;
  • Improving health and wellbeing by prioritising the prevention and reduction of incidents, promoting active travel and creating cleaner and greener places and networks within the transport system.

3.3.3

NTS2 outlines the Sustainable Transport Hierarchy, and the Sustainable Investment Hierarchy as measures which will guide and influence decisions on transport priorities. The Sustainable Transport Hierarchy promotes and prioritises active travel and public transport above shared and private transport options. The Sustainable Investment Hierarchy requires that measures to reduce the need to travel unsustainably and maintaining and safely operating existing assets are priorities above measures to make better use of capacity and undertake targeted infrastructure improvements.

3.4 Strategic Transport Projects Review 2 (STPR2)

3.4.1

The second strategic transport review will inform transport investment in Scotland and help to deliver the visions, priorities and outcomes set out in the NTS2. Covering a 20-year period (2022-2042), STPR2 takes into consideration the transport needs of communities across Scotland, examining provisions available for active travel (walking, cycling, wheeling) as well as bus, rail, road and ferry links for both commercial and personal use.

3.4.2

STPR2 has five key objectives that it aims to address:

  • Takes climate action;
  • Addresses inequalities & accessibility;
  • Improved health & wellbeing;
  • Supports sustainable economic growth;
  • Increases safety & resilience.

3.4.3

Public consultation on the STPR2 Technical Report (Jacobs/ AECOM, 2022a) and its accompanying SEA (Jacobs/ AECOM, 2022b) ended in April 2022. The final STPR2 SEA Environmental Report was published in December 2022 with the Post Adoption Statement expected to be published in due course.

3.5 Climate Change Plan Update

3.5.1

The Scottish Government published “Securing a Green Recovery on a Path to Net Zero: Climate Change Plan 2018–2032 – update” in December 2020 (Scottish Government, 2020a) which reflects the ambition of the new targets set in the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019. These comprise the reduction of Scotland’s greenhouse gas emissions to net zero by 2045 at the latest, with interim targets of at least:

  • 56% by 2020;
  • 75% by 2030;
  • 90% by 2040.

3.5.2

The transport chapter of the Plan sets out context around the current situation and how the shift to home working may become a longer-term trend. Coupled with the focus on 20-minute neighbourhoods, the Plan notes the opportunity to capitalise on these to reduce the need to travel, and, when travel occurs, for it to be focused on more sustainable modes.

3.5.3

The Plan includes the following statement in relation to transport:

By 2032 our roads will contain no new petrol and diesel cars and vans; we will have decarbonised our passenger railways; and we will have begun work to decarbonise challenging transport modes such as HGVs, ferries and aviation. Car kilometres will have reduced by 20%, and sustainable transport will be the instinctive first choice for people.

3.5.4

This statement is accompanied by a timeline to 2032 that sets out the key milestones in the intervening years:

  • 2024 – majority of new buses are zero emissions.
  • 2025 – need for any new petrol and diesel light commercial vehicles in public bodies phased out. Delivery of first Active Freeways: segregated active travel routes on main travel corridors.
  • 2030 – conditions created to phase out the need for all new petrol and diesel vehicles in Scotland’s public sector fleet. Need for new petrol and diesel cars and vans phased out. Car kilometres reduced by 20 percent.
  • 2032 – Scotland’s passenger rail services considerably decarbonised, with just a few years to go until they are fully decarbonised.

3.6 Route Map to Reduce Car Use

3.6.1

In January 2022, the Scottish Government and the Convention of Scottish Local Authorities (COSLA) developed a route map to deliver the shift in travel behaviours required to meet the 20 percent car kilometres reduction target, recognising the need for ongoing collaboration and partnership working between national, regional and local government as well as public, private and third sector partners (Scottish Government, 2022c). The route map sets out the suite of policies from across Government that may be implemented to support car-use reduction in order to both address climate change and deliver a healthier, fairer and more prosperous Scotland, and recognises the role of STPR2 in setting out recommendations for future investment decisions.

3.6.2

Successful implementation of the actions set out in the route map are expected to lead to a transformational way of living in Scotland, where a new localism thrives in villages, towns and city neighbourhoods; where streets become places that are safe for people of all ages to travel by walking and cycling whilst maintaining private vehicle access for those with disabilities; where longer journeys are made by convenient and affordable public or shared transport; and with greater use of on-line access to key services and opportunities. This future will both enable statutory climate change targets to be met, whilst at the same time creating better ways of living, improved health and wellbeing and the associated social and economic benefits of a society less dominated by private cars.

3.7 Regional Transport and Planning Strategies

Regional Transport Strategy for the North-East of Scotland 2040 (Nestrans)

3.7.1

Published in November 2021, Nestrans is the Regional Transport Partnership for the North-East of Scotland. It is a long-term strategy which sets the vision for transport in the region for the next 20 years. Nestrans vision is:

To provide a safer, cleaner, more inclusive, accessible and resilient transport system in the North-East, which protects the natural and built environment and contributes to healthier, more prosperous and fairer communities. (p.22)

3.7.2

Prioritising sustainable transport is a key theme running through the Nestrans strategy, promoting active travel, and reducing the need for private cars both underpin the climate considerate approach to travel. COVID-19 and the impact this has had upon travel patterns is being continually monitored so that there can be agile and informed responses to both short-term and long-term travel use in the region.

The Highlands and Islands Regional Transport Strategy Draft 2017 (HITRANS)

3.7.3

HITRANS looks to support the improved access to transport for the communities it represents, as it recognises the social and economic opportunities this provides. Investment in rail, road, and ferry connections is a key priority of the strategy as they are a lifeline for many of the rural communities in this region. HITRANS states that each community across the region should expect good transport connections and that the transport services provided in any given area: 

will be determined by the needs of that community. (p.6)

Aberdeen City and Shire Strategic Development Plan 2020

3.7.4

The plan has been prepared by the Aberdeen City and Shire Strategic Development Planning Authority and covers the local authority areas of Aberdeen City and Aberdeenshire. This plan is one of four Strategic Development Plans in Scotland and covers a twenty-year period to 2040. It sets out concise and visionary targets for change in the region and has been written in the context of national strategies, policy and guidance provided by the Scottish Government.

Highland Indicative Regional Spatial Strategy to 2050

3.7.5

Published in 2020, the Highland Council developed an Indicative Regional Spatial Strategy (IRSS) in response to the then ongoing Scottish Government NPF4 review. The IRSS sets out a long-term sustainable vision for the Highlands’ next 30 years and makes note of the important role that the Highland region plays in Scotland and that it is committed to the national net zero targets stating:

By 2050, Highland will be an exemplar carbon action region by optimising its unique, rich and diverse assets to lead national emissions reduction targets. (p.4).

3.8 Local Transport and Planning Strategies

Moray Local Transport Strategy 2011

3.8.1

Moray Local Transport Strategy provides a framework for developing transport policy and infrastructure within Moray. The strategy has been split into two parts which sets out the following:

3.8.2

Part One: This provides information on the main strategy, outline, key and secondary objectives along with action plans and committed schemes.

3.8.3

Part Two: This summarises the background information, achievements to date, key issues, linkages with other National, Regional and Local policies guidance as well as the relationships with other key agencies.

3.8.4

The overall vision for the strategy is:

Excellent connections and accessibility are achieved for Moray through a safe, integrated, reliable and affordable transport system that is inclusive and supports economic development and the needs of local communities whilst safeguarding the environment. (p.6)

Aberdeen City Local Transport Strategy 2016-2021

3.8.5

The Local Transport Strategy for Aberdeen sets out the plan for development of the City’s transport network over a five-year period. The strategy follows guidance from national and regional transport plans, programmes and strategies considering the relationship transport has with the economy, environment, health, people and communities.

3.8.6

Six outcomes of Aberdeen’s transport system by 2021 are identified in the strategy as being:

  • Increased modal share for public transport and active travel;
  • Reduced the need to travel and reduced dependence on the private car;
  • Improved journey time reliability for all modes;
  • Improved road safety within the city;
  • Improved air quality and the environment;
  • Improved accessibility to transport for all.

Aberdeenshire Council Local Transport Strategy 2012

3.8.7

Aberdeenshire’s Local Transport Strategy sets out how the Council aims to cater for the needs of all transport users across the region and ensuring that where possible, existing resources and infrastructure are used to their full potential. The strategy was developed with the intention of supporting the delivery of a range of wider strategic transport priorities as set out in the Nestrans Regional Transport Strategy.

3.8.8

The following objectives are noted as underpinning the Council’s strategic priorities:

  • Promote Sustainable Economic Growth;
  • Promote Social Inclusion and Accessibility;
  • Protect the Environment;
  • Improve Safety;
  • Improve Integration.

Moray Local Development Plan 2020

3.8.9

The Moray Local Development Plan was formally adopted in July 2020 and sets out a vision for development in Moray and provides guidance on development for the period up to 2030.

3.8.10

The overall vision for the Moray Local Plan is:

People want to live, work and invest in Moray because of the outstanding quality of life and environment.

This is supported by a series of objectives which are described in Appendix C of this report.

3.8.11

Transportation and the provision of high-quality, well-planned transport across Moray is noted as an essential aspect of development that will aid a prosperous future. Investment in public transport and active travel will bring both environmental and health benefits for communities whilst working to address the climate emergency.

Aberdeen Local Development Plan 2017

3.8.12

Aberdeen is Scotland’s third largest city and plays an important role in the country in many aspects. The Local Development Plan was created in the context of Scotland’s Third National Planning Framework and supports the Aberdeen City and Shire Strategic Development Plan and sets out how it will meet the needs of the City’s development to 2026 and beyond. Aberdeen City Council have published the Aberdeen Local Development Plan: Proposed Plan 2020 and, once adopted, will replace the 2017 Local Development Plan.

Aberdeenshire Local Development Plan 2017

3.8.13

This plan envisions Aberdeenshire to be an even more attractive, prosperous and sustainable place to live, work and visit. Balancing economic growth with the urgent need for sustainable development to address climate change, the plan sets out the following aims:

  • Deliver quality of life;
  • Help protect and improve our natural and cultural heritage;
  • Can create sustainable mixed communities;
  • Make the best of our existing transport network.

3.8.14

The Proposed Aberdeenshire Local Development Plan is currently going through examination but once adopted, it will replace the 2017 Local Development Plan.

3.9 Relationship with other PPS

3.9.1

SEA consideration of the A96 Corridor Review, within the context of the most relevant PPS, supports the identification of wider environmental protection objectives and issues that the project should take cognisance of and might support with its delivery.

3.9.2

A wide range of national and regional level policies from various PPS need to be considered in the development of the A96 Corridor Review and the SEA. The key relevant aspects of these policies are included in Appendix C (Plans, Policies and Strategies Review). A summary of the key environmental requirements and objectives identified through the review is presented in Figure 3.1.

3.9.3

A review of the associated environmental protection objectives highlights existing and potential problems, as well as opportunities for enhancement and benefits, and has served as an important base upon which to build the SEA objectives and assessment framework.

Figure 3.1 - Key Environmental Objectives from PPS Review

Air Quality and Climatic Factors

  • Promote and facilitate sustainable and active travel;
  • Reduce greenhouse gas emissions to align with net zero targets and national/international climate commitments;
  • Adapt to the effects of climate change; and
  • Enhance wellbeing, health, environment, placemaking and sustainable economic growth.

Population and Human Health

  • Promote sustainable and active travel;
  • Improve the quality and connection of transport options to reduce inequality and promote inclusivity;
  • Improve safety through fewer accidents and casualties;
  • Protect citizens from the harmful effects of air pollution; and
  • Reduce noise and vibration associated with the transport network.

Biodiversity

  • Protect and enhance the natural environment, wildlife, its habitats and other natural features, including internationally and nationally designated sites;
  • Restore ecosystems and ensure their future protection, reintroducing more resilient local biodiversity; and
  • Aim to secure positive effects for biodiversity, and support nature recovery, restoration and
    enhance green networks.

Soil

  • Safeguard and maximise the multiple benefits and functions of carbon-rich soils and peat.

Water

  • Flood risk management and changing ecosystems must be factored into future development to ensure nature-based adaptation;
  • Protect and enhance the water environment through minimising and mitigating impacts upon physical, chemical and biological quality;
  • Adapt to the effects of climate change; and
  • Safeguard access to ports and harbours and encourage their sustainable growth to maximise their potential to facilitate cargo and passenger movement and to support other sectors.

Cultural Heritage / Historic Environment

  • Avoiding detrimental impact upon and supporting the preservation and management of the historic environment.

Landscape and Visual Amenity

  • Protect and enhance the landscape (including the Green Belt and Countryside);
  • Ensure that visual amenity and important views are safeguarded; and
  • Encourage green infrastructure.

Material Assets

  • Promote sustainable design and innovation to reduce material consumption;
  • Minimise waste generation through recycling and reusing materials; and
  • Maintain and enhance transport infrastructure.