Chamber and committees

The interests and assets of the Cairngorms National Park within the A9 dualling project are not the sole responsibility of the Cairngorms National Park Authority, or other organisations, but the Cairngorms National Park Authority can make representations, as a consultee, on any proposed development that affects the Park’s statutory aims as set out in the National Parks (Scotland) Act 2000. These are:

(a)to conserve and enhance the natural and cultural heritage of the area,

(b)to promote sustainable use of the natural resources of the area,

(c)to promote understanding and enjoyment (including enjoyment in the form of recreation) of the special qualities of the area by the public, and

(d)to promote sustainable economic and social development of the area’s communities.

Under the arrangements in the Roads (Scotland) Act 1984, in circumstances where matters raised in consultation, including from statutory consultees, cannot be resolved a project may be referred for examination by an independent Reporter who will make a recommendation to the Scottish Ministers for decision. The Reporter’s examination may be informed by a Public Local Inquiry, to which those with an interest can make representations.

The powers conferred on the Cairngorms National Park Authority are set in statute in the National Parks (Scotland) Act 2000 and Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003. The Cairngorms National Park Authority can make representations, as a consultee, on any proposed development, such as the A9 dualling project, if they consider that it may affect the Park’s statutory aims.

The interests and assets of the Cairngorms National Park within the A9 dualling project are not the sole responsibility of Scottish Ministers or other organisations but the Cairngorms National Park Authority can make representations, as a consultee, on any proposed development that affects the Park’s statutory aims as set out in the National Parks (Scotland) Act 2000. These are:

(a) to conserve and enhance the natural and cultural heritage of the area,
(b) to promote sustainable use of the natural resources of the area,
(c) to promote understanding and enjoyment (including enjoyment in the form of recreation) of the special qualities of the area by the public, and
(d) to promote sustainable economic and social development of the area’s communities.

Under the arrangements in the Roads (Scotland) Act 1984, in circumstances where matters raised in consultation, including from statutory consultees, cannot be resolved a project may be referred for examination by an independent Reporter who will make a recommendation to the Scottish Ministers for decision. The Reporter’s examination may be informed by a Public Local Inquiry, to which those with an interest can make representations.

The projects that make up the A9 dualling programme are being promoted through the Roads (Scotland) Act 1984 and assessed in accordance with the requirements of the Environmental Impact Assessment (Scotland) Regulations which protects the interest of those who have concerns, including concerns relating to the historic and natural environments.

The environmental impact assessment process has informed decision-making throughout the design development process to address potentially significant effects where practicable, such as by refinement of the route alignment or by the incorporation of measures to avoid or prevent, reduce, remedy or offset any potential adverse environmental effects.

Working with those affected by the A9 dualling programme is at the heart of our planning and we have been engaging extensively since 2012. This has included undertaking numerous engagement events on each project to consult local communities, road users, businesses and individuals, and take into account feedback received as plans are developed.

As part of the statutory process Transport Scotland has published an Environmental Statement for each project which presents the findings of the environmental impact assessment and also includes the approach taken to consultation. A copy of each Environmental Statement published to date on the A9 dualling programme is available from the Transport Scotland website at: https://www.transport.gov.scot/projects/a9-dualling-perth-to-inverness/ .

It is normal practice that Transport Scotland responds given that responsibility to deliver the A9 dualling falls under its remit. However, there are some instances when it may be appropriate for other Scottish Government departments or agencies to contribute to the response or respond themselves.

The Scottish Government considers the functions and powers conferred on Historic Environment Scotland by the Parliament are sufficient.

Recent consultations by Historic Environment Scotland have not revealed significant or widespread support for increasing the powers or widening the functions of Historic Environment Scotland.

The process to dual the A9 between Perth and Inverness has complied with and will continue to comply with relevant policies, regulations and standards.

Compliance with relevant policies and regulations is demonstrated within the Environmental Statements for each of projects that make up the A9 Dualling programme where an assessment of compliance with relevant policies regarding protection and enhancement of the historic and natural environment is also presented. A copy of each published Environmental Statement on the A9 dualling programme is available from the Transport Scotland website at:  https://www.transport.gov.scot/projects/a9-dualling-perth-to-inverness/ .

Furthermore, the A9 dualling process complies with the relevant standards set out in the Design Manual for Roads and Bridges.

The responsibilities of Historic Environment Scotland as a statutory consultee are limited to the provision of advice and comment on historic environment matters relating to the proposals that are required by law to be put before them.

HES have a dual role as both statutory consultee in the planning system and as a Consultation Body under various Environmental Impact Assessment (EIA) regulations in respect of inventory historic battlefields. This means that planning authorities and other public bodies are required to consult them where any non-householder development proposals may affect a site on the Inventory of Historic Battlefields or where a development proposal is a qualifying project under the relevant EIA regulations. Their advice is a material consideration which planning authorities and other decision makers, including the Scottish Ministers, are required to take into account as part of the decision-making process.

The Scottish Government recognises the economic, social and cultural importance of our rich historic environment and is keen to ensure that this hugely important asset is protected appropriately and proportionately. However, the responsibility for the protection of that resource is shared.

For example, while the Scottish Government is responsible for setting the legislative and policy framework which governs the protection of certain aspects of our historic environment through the planning system, and through the work of Historic Environment Scotland, much of the front line protection of our heritage assets has been statutorily delegated to local government (in its role within the planning and development process) and to Historic Environment Scotland.

Under the terms of the Historic Environment Scotland Act 2014 the general function of investigating, caring for and promoting Scotland’s historic environment has been delegated by the Parliament to Historic Environment Scotland.

Information on the funding of operations undertaken outside the UK is not held centrally. The decision to part fund operations undertaken outside the UK is made by individual Health Boards.