Child Rights and Wellbeing Impact Assessments (CRWIAs)

CRWIA for Trunk Roads Order

UN Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 Compatibility Consideration and Narration of Statement of Compatibility

The Scottish Ministers have made the following statement regarding children’s rights.

“In accordance with section 23(2) of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (the Act), the Scottish Ministers certify that, in their view, The A9 and A86 Trunk Roads (Crubenmore to Kincraig) (Trunking) Order 2024, is compatible with the UNCRC requirements as defined by section 1(2) of the Act.”

Disclaimer

This document is a point in time assessment of the likely effects of the above-named proposal on the rights and wellbeing of children and young people. This impact assessment should be read in conjunction with other impact assessments prepared for this proposal.

Scottish Government acknowledge the importance of monitoring and evaluating the impact of strategic decisions and legislation on children’s rights and wellbeing. Any information gathered during implementation of the legislation or strategic decision to which the impact assessment relates, will be used to inform future determinations of impact. Any new strategic decision or new legislation (including amending legislation) would be subject to a new CRWIA in line with the legislative requirements.

Key words and terms

The following words and terms relating to the A9 Dualling Programme: Crubenmore to Kincraig Project are used in evidence we have gathered.

Amenity – something which is intended to make life more comfortable for people for example, shops, swimming pools.
Census – an official information gathering exercise which is carried out every 10 years to count the number of people living in a country and gather some information about them.
CH2M and Fairhurst – the name of two companies that worked together as a Joint Venture (CFJV) on behalf of Transport Scotland at the time that the environmental impact assessment for the Project was prepared. CH2M is now part of another company known as Jacobs Engineering and the joint venture is JFJV.
Community assets/facilities – are anything which can be used to improve the quality of community life, for example leisure facilities or community groups.
Community Councils – are voluntary organisations run by local residents to act on behalf of their area.
Community severance – a term to describe when people struggle to walk or cycle to facilities within their communities because of an obstacle such as busy traffic.
Construction phasing – the planned steps for carrying out the construction work on a whole project, not everything can be done all at once.
Contractor – a company that supplies materials or workers to carry out construction works.
Dualling – conversion of a single carriageway road into a dual carriageway where traffic on each carriageway flows in opposite directions and are separated by a physical divider or barrier.
Environmental Statement – the report of the Environmental Impact Assessment (EIA) which describes how the Project is predicted to affect environmental conditions. It assesses things like air, water, plants, and animals, and suggests ways to protect them. A non-technical summary summarises the findings for a wider audience.
Level of service – is a measure of the quality of traffic service, to calculate this measure we look at vehicle speed, number of vehicles, flow of traffic.
Local Authorities – a group of people who govern an area.
National Cycle Network – is a UK-wide network of signed paths and routes for walking, wheeling, cycling and exploring the outdoors.
Non-motorised user (NMU) – this is a collective term used to describe pedestrians, cyclists and equestrians (e.g. horse riders).
Operational performance – how well the road works once the construction works are complete.
Policies – are a set of ideas or a plan which have been agreed to by a group of people, a business, a government or a political party.
Project– the project in this document means the works to be undertaken to dual the A9 road between Crubenmore and Kincraig
Rock blasting – is the term used to describe reducing large solid rocks to fragments by using explosives.
Slip roads – are sections of roads at junctions which allow traffic to slow down or speed up when leaving or joining the main flow of traffic.
Scottish Statutory Instrument (SSI) – A type of secondary legislation made under authority contained in Acts of the Scottish Parliament.
Socio economic impacts – impacts which may affect social and/or economic aspects of people’s lives. Social impacts are those which affect the ability of people to spend time with each other. Economic impacts are those which involve money.
Stakeholder - a person or group that has an interest in the Project and how it may impact themselves or their community.
Statutory Bodies – organisations who check that laws and rules are being followed.
STEM – an acronym used for the subjects of science, technology, engineering and mathematics.
Temporary alignments – this term describes when temporary additional roads are built at a location away from the main construction site. This allows construction to take place at the location of the final road in position without having traffic on it.
Temporary traffic management – is a system of controlling traffic by use of lane closures, diversions, speed limit restrictions. This is used to keep road users and construction workers safe during works on the road.
Traffic Management Plan – a plan put in place to protect workers, pedestrians and motorists by minimising the risks associated with traffic movement.

1. Brief Summary

Type of proposal:

Scottish Statutory Instrument (SSI)

Name the proposal, and describe its overall aims and intended purpose.

The A9 and A86 Trunk Roads (Crubenmore to Kincraig) (Trunking) Order 2024 forms part of the regulations required for the overall programme to dual the A9 between Perth and Inverness. The Trunk Road Order confirms that new lengths of road will become Trunk Road and be part of the Trunk Road Network that will be managed and maintained by Scottish Ministers. This Trunk Road Order is being promoted alongside the associated Side Road Order for this Project.

The dualling of the A9 emerged as a priority intervention as part of the Strategic Transport Projects Review (STPR) undertaken in 2008/9 and subsequently the Scottish Government’s Infrastructure Investment Plan (IIP) in 2011 and 2015 confirmed the commitment to upgrading the A9 to dual carriageway standard between Perth and Inverness by 2035.

The Project comprises dualling of approximately 16.5 km of the existing A9 road between Crubenmore and Kincraig, to be achieved through widening and upgrades of the existing carriageway, new crossings of the River Spey and the Highland Main Line (HML) railway at Kingussie, and some small areas of works away from the existing carriageway. The Project will replace existing junctions to cater for local access; providing two main junctions, one at Newtonmore and the other at Kingussie, together with three northbound left in / left out accesses on the A9. The reduction in accesses and removal of the right turns onto the A9 aims to improve safety and reduce accidents. The Project also incorporates upgrades to road drainage to improve treatment of the water coming off the road and address flood risk.

The A9 single carriageway between Crubenmore and Kincraig lacks safe overtaking opportunities which can lead to vehicles being held up by slower moving traffic. This can lead to driver frustration, potentially resulting in dangerous overtaking manoeuvres. From 2008 to 2022, there were 13 fatal or serious accidents along the existing A9 from Crubenmore to Kincraig, and 28 slight accidents. Most accidents on the A9 occur along sections of single carriageway and are generally near to junctions or transitions between existing single and dual carriageways.

The aim of dualling between Crubenmore and Kincraig is to improve the operational performance and level of service of this section of the A9, building on the objectives set for the A9 dualling programme:

To improve the performance of the A9 by:

Reducing journey times, and
Improving journey time reliability.

To improve safety by:

Reducing accident severity, and
Reducing driver stress.

Facilitate active travel (travel by walking and cycling) in the corridor.
To improve integration with public transport facilities.

A wide range of engagement activities have been undertaken throughout the development of the Project to inform its design to meet the needs of all users and provide wider socio-economic benefits through improved accessibility for all, including children.

Start date of proposal’s development: 2017 – when the preferred option was selected.

Start date of CRWIA process: 01 July 2024

2. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024 (Annex 1), which aspects of the proposal are relevant to/impact upon children’s rights?

The relevant UNCRC articles which are judged relevant to the scope and context of the Project are listed below together with a summary of the aspects of the Project to which these articles apply.

Article 2 (non-discrimination) - General principle that should be applied throughout all aspects of the Project.

Article 3 (best interests of the child) – Considerations made when planning consultation and making decisions on design proposals.

Article 6 (life, survival and development) – Road safety considerations in design and operation proposals.

Article 12 (respect for the views of the child) – Considerations made when planning consultation and recording and acting on responses to consultation.

Article 13 (freedom of expression) – Considerations made when providing information on the Project proposals and encouraging participation of children.

Article 15 (freedom of association) - Considerations made as to whether the construction and operation of the road has potential to disrupt children’s ability to meet other children or access groups and organisations.

Article 24 (health and health services) – Considerations made as to whether construction and operation of the road has potential to support active travel and the associated health benefits of physical activity or change pollutant levels that may impact on health.

Article 28 (right to education) - Considerations made as to whether the construction and operation of the road has potential to disrupt children’s ability to get to and from school.

Article 29 (goals of education) – Considerations made as to whether the construction and operation of the road has brought associated STEM benefits to education.

Article 31 (leisure, play and culture) – Considerations made as to whether the construction and operation of the road has potential to disrupt children’s ability to access places of play and recreation.

We have also considered the evidence listed below under question 3 and have identified various locations related to children’s wellbeing which may be affected by the Project. These locations and impacts are described in relation to question 5.

3. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal

Evidence from:

existing research/reports/policy expertise

Evidence from environmental assessment and other documents

The evidence that we have referred to firstly included strategic level assessment work for the Strategic Transport Projects Review (STPR) within which the Project was identified as a ‘Targeted Infrastructure Improvement’. This strategic level work involved the use of Scottish Transport Appraisal Guidance (STAG) and Strategic Environmental Assessment (SEA) to carry out and assess the STPR. The STPR SEA assessed the effects on population and identified the need for the following mitigation measures for Project development stage:

“• Fully consider community linkages and accessibility at all subsequent stages of decision making; and

Consultation with local communities over proposed transport interventions”

We also referred to a further SEA which was completed in 2014 for the entire A9 Dualling programme (of which the Project is part). This SEA assessed the impacts on population and human health and concluded that the A9 Dualling would present no significant adverse impacts.

The main evidence that we used to inform the CRWIA was from the Project specific Environmental Impact Assessment (EIA). The results of the EIA were reported in the Environmental Statement, prepared in 2018 on behalf of Transport Scotland by the consultancy and engineering companies CH2M and Fairhurst. We also referred to information from public exhibitions held for the Project and some other Project-related publications. The specific chapters from the Environmental Statement and other documents that we used as evidence are listed below:

A9 Dualling Non-Motorised User (NMU) Access Strategy (Transport Scotland, 2016) Available at: A9 Dualling Non-Motorised User (NMU) Access Strategy
Environmental Statement (CH2M, 2018). Chapter 7. Consultation. Available at: ES Chapter 7 - Consultation
Environmental Statement (CH2M, 2018). Chapter 8 People and Communities – Community and Private Assets. Available at: ES Chapter 8 - People and Communities - Community and Private Assets
Environmental Statement (CH2M, 2018). Chapter 9 People and Communities – Effects on All Travellers. Available at: ES Chapter 9 - People and Communities - Effects on All Travellers.
Environmental Statement (CH2M, 2018). Chapter 16. Air Quality. Available at: ES Chapter 16 - air quality
Environmental Statement (CH2M, 2018). Chapter 17. Noise and Vibration. Available at: ES Chapter 17 - noise vibration
Environmental Statement (CH2M, 2018). Appendix 5.1 Construction Details of the Environmental Statement. Available at: ES Appendix 5.1 Construction Details
Environmental Statement (CH2M, 2018). Community and Private Assets Drawings 8.1 – 8.7. Available at: ES Drawings Chapter 08 - community and private assets
Environmental Statement (CH2M, 2018). All Travellers Drawings 9.1 – 9.9. Available at: ES Drawings Chapter 09 - all travellers
Scotland Census, 2022. Available at: https://www.scotlandscensus.gov.uk/search-the-census#/location
Public Exhibition (November 2015) Summary Report. Transport Scotland, 2016. Available at: A9P09-CFJ-GEN-X_ZZZZZ_ZZ-RP-SE-0001
DMRB Stage 3 Preferred Route Assessment Report. Volume 2 – Appendices. Transport Scotland 2018. Available at: www.dpea.scotland.gov.uk/CaseDetails.aspx?ID=120895 (search with document name filter of ‘Appendices’)
Preferred Route Public Exhibition (March 2017) Summary Report. (Transport Scotland, 2017). Available at: Exhibition materials - Mar 2017 - Crubenmore to Kincraig - A9 Dualling
Poverty and Income Inequality in Scotland 2020-23 (Scottish Government 2024). Available at: Poverty and Income Inequality in Scotland 2020-23
Project 9 – Crubenmore to Kincraig Objector Report – Glentruim Junction (Transport Scotland, 2021). Available at: www.dpea.scotland.gov.uk/CaseDetails.aspx?ID=120895 (search with document name filter of ‘Glentruim’)

Evidence from health studies

We reviewed scientific studies and guidelines into the effects of noise on health to see if there were specific issues of relevance to children. We reviewed the evidence in the following papers:

Pérez-Crespo L., López-Vicente, M., Valentín, A., Burgaleta, M., Foraster, M., Tiemeier, H., Guxens, M., (2024), Association between residential exposure to road traffic noise and cognitive and motor function outcomes in children and preadolescents, Environment International, Volume 183, 2024.
World Health Organization Regional Office for Europe (2018). Environmental Noise Guidelines for the European Region.

Evidence from consultation

Decisions on the Project have been informed through consultation with communities and stakeholders. Since 2014 a number of stakeholder forums have been set up to bring together groups of similar interest to allow a two-way flow of information. A non-motorised user (NMU) forum was set up to directly engage and seek views of NMU stakeholders on specific matters relating to the development of the design of each of the A9 dualling projects.

A programme-wide workshop, held in May 2015, was attended by NMU groups, including walkers, cyclists, equestrians, disability groups, Scottish Natural Heritage (now NatureScot) and Cairngorms National Park Authority (CNPA). It discussed access requirements and a route-wide access strategy. A follow-up NMU Forum event was held in May 2016, and each A9 dualling project has since taken account of access requirements discussed and held further discussions with individual group representatives where necessary. A further NMU drop-in session for the A9 Central Section was held in November 2016, and there were two (programme wide) accessibility workshops held in March and October 2017. The first was attended by People Friendly Design and Mobility and Access Community for Scotland (MACS) and the second was attended by MACS.

Specifically, for the Crubenmore to Kincraig Project, public consultation events, meetings and exhibitions have taken place in Newtonmore and Kingussie in 2014, 2015, 2016, 2017 and 2018 so that communities have had the opportunity to inform the Project design and provide feedback. Several groups attended these consultation events as well as members of the public. No groups specific to children attended the events; however, groups which represent a range of people such as “Paths for All” and “Living Streets” have had the opportunity to provide feedback on impacts on or opportunities for children.

Comments relating to the Project included topics such as NMU provision and environmental impacts. Whilst these were not specifically aimed at gathering information relating to the impacts on children or the concerns of children, relevant comments were included in the feedback collected. Feedback relevant to children from the Preferred Route Public Exhibition consultation event in 2017 includes:

Specific consideration for the school bus service including safe stopping points relating to local access to Ralia and Glentruim and Ralia Lodge/Nuide Farm (Transport Scotland, 2018); and
Consideration for pedestrians and children on bicycles and pushchairs as the existing footpath (on the A86) under the A9 is too narrow at the existing Kingussie Junction.

Transport Scotland has developed the educational initiative called “Academy9” as part of A9 Dualling programme. Academy9 has been developed in partnership with all the schools along the A9 corridor and with wider communities across Scotland, education professionals, education consultants and industry professionals. The initiative aims to provide opportunities for children to build STEM skills (Science, Technology, Engineering and Mathematics) through a series of progressive STEM activities and experiences, providing future generations with the opportunity to learn skills and consider STEM related careers in the future. Academy9 engagement with schools within the Project extents including Newtonmore Primary School, Kingussie Primary School and Kingussie High School has involved activities that aimed to improve the children’s motor skills, creative thinking skills, communication and collaboration skills and help build resilience. People working on the A9 Dualling Programme have visited schools to work with children. They showcase possible career paths relating to STEM subjects, whilst also providing information on the wider benefits that STEM subjects can have to meet the needs of society, for example on transport Projects like the A9 Dualling Programme.

consultation/feedback directly from children and young people

Consultation on the scheme has been carried out in an open and inclusive manner. Although children were able to attend the public consultation and exhibitions, there is no reported feedback that can be ascertained to be specifically attributed to children and young people. The Project consultations followed the necessary policies and guidance available at the time.

The Academy9 (A9 dualling education project associated with the dualling programme) social value programme will continue during construction and involve school engagement work to undertake and record engagement with children (positively related to UNCRC articles 12, 13 & 29).

4. Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed

We have not identified any notable gaps in evidence.

Details of any minor diversions required during construction of the Project are not currently available. Environmental Statement Appendix 5.1 Construction Details states that “In order to maintain traffic flows when undertaking works on the existing highway, such as a new bridge or carriageway tie-ins, the outline constructability review undertaken on the Proposed Scheme anticipates minor temporary diversions of traffic on the existing A9 carriageway and no major roads are expected to close during construction, other than for activities such as the installation of beams on new bridges over roads and possibly to facilitate rock blasting. It is expected that both the Newtonmore and Kingussie Junctions will generally remain operational throughout construction with minor diversions.” It has therefore not been possible to fully assess the potential impacts on children as a result of these potential minor diversions. The Environmental Statement includes a commitment that requires the Contractor to produce a traffic management plan (standard A9 mitigation reference SMC-AT4). As part of the preparation of this traffic management plan, the Contractor is required to undertake further consultation with the aim of reducing the short term potential impacts on children as a result of these diversions, throughout the duration of the project, to the minimum acceptable while ensuring the safety of all road users, general public and workers.

5. Analysis of Evidence

Communities and Community Facilities surrounding the Project

We have considered the presence of local communities, community facilities and tourist destinations as part of the evidence as to the possible origins and destinations of children who may be affected by the Project. The next few paragraphs set that context, which has informed our analysis of the likelihood of impacts on children.

The villages of Newtonmore and Kingussie are the closest settlements to the Project and are accessed from junctions along the A9. The village of Newtonmore has a range of community assets including shops, a golf course, An’t Eileen Athletics Field, a shinty pitch, Newtonmore primary school and a railway station. The Highland Folk Museum is also located within Newtonmore. In 2022 there were 233 children (i.e. people aged under 18 years) living within the locality of Newtonmore (Scotland Census, 2022).

The village of Kingussie also has a number of community assets including open space at Glebe Ponds, shops, pubs, restaurants, two schools (primary and secondary), a medical practice, an Ambulance Station and Fire Station. There are also industrial premises and recreational facilities (a leisure centre and two shinty pitches). In 2022 there were 275 children reported living within the locality of Kingussie (Scotland Census, 2022).

There are further small settlements along the route including Glentruim, Ruthven and Lynchat. It is assumed that the population numbers for Newtonmore and Kingussie include the populations of these settlements based on the locality and small number of properties within these villages. The Project is located within the Cairngorms National Park and there are several tourist accommodation sites (caravan sites, holiday parks, hotels, hostels, lodges, bed and breakfasts) in close proximity to the Project likely visited by families with children throughout the year. Therefore, we have also considered how children may be affected due to potential impacts on tourist destinations and accommodation.

The RSPB National Nature Reserve (NNR) Insh Marshes is located alongside the A9 between Ruthven and Loch Insh. The Insh Marshes NNR has three nature trails with picnic areas that the public use regularly, as well as an education centre with a field teaching service available for nursery, primary and secondary aged children from local schools and groups (RSPB, 2024).

Ruthven Barracks are located approximately 230m south-west of the A9 between Ruthven and Drumguish. This historic site is likely visited by tourists and local people, including children, for recreation.

The Highland Wildlife Park, one of the most visited attractions in the Cairngorms National Park consists of a 105 hectare safari park and zoo and has up to 2,000 visitors on peak days with an annual number of visitors over 200,000. The Highland Wildlife Park is located to the north of the A9 at the northern end of the Project and is accessed from the B9152 Kingussie to Aviemore Road. It is likely that a high number of children visit the Highland Wildlife Park throughout the year with new buildings due to open in 2025 that will benefit children including a Learning Hub, Discovery Hub and Conservation Hub.

Community Severance and Access to Community Facilities

Chapter 8 People and Communities – Community and Private Assets of the Environmental Statement states that during operation there would be a neutral impact on severance for the communities of Newtonmore, Kingussie and Lynchat (which is where most children in the study area live), but a slight adverse impact for anyone travelling from the A9 to Glentruim due to increases in journey length. This impact relates more to drivers from the A9 so it is expected to have limited effect on children except in terms of car journey times.

During construction, there would be some temporary diversions causing potential disruption to access for Newtonmore, Kingussie, Lynchat, Ruthven and Glentruim. The assessment concluded that “these disruptions will result in a Slight/ Moderate Adverse impact on community severance”. The Environmental Statement also identifies that there will be some disruption to access arrangements to community facilities. No specific details on which community facility and their locations is provided within the Environmental Statement but it is considered that this would be as a result of increased journey times due to construction works, traffic management and diversions in close proximity to the community facilities in the villages surrounding the Project.

Appendix 5.1 Construction Details of the Environmental Statement states that construction phasing and temporary traffic management proposals assume at least one lane in each direction will be available on the A9 at all times except for very specific short-term restrictions (the Contractor will provide notification of these once the programme of works is produced). For the main routes, it is proposed to keep traffic on the existing carriageways, wherever possible, and if necessary, using narrow lanes. It is also proposed to adopt temporary speed reductions through the main works areas. It is generally considered that other routes including slip roads at main junctions would be kept open during construction of the Project. This will in some cases require construction of temporary alignments.

This minor short term impact on accessibility, with respect to journey times during construction, has the potential to temporarily negatively impact on article 28 (right to education), article 31 (leisure, play and culture), article 15 (freedom of association) and article 6 (life, survival and development). Once in operation these impacts will no longer remain.

Effects on NMU Routes and Access to the Outdoors

We have considered how impacts on NMU routes and access to the outdoors have the potential to affect article 15 (freedom of association), article 28 (right to education) (where routes may be used by schoolchildren), and article 31 (leisure, play and culture). Chapter 9 People and Communities – Effects on All Travellers of the Environmental Statement provided assessments of effects on routes used by NMU (i.e. people who walk, cycle or ride horses) as well as the effects on ease of access to the outdoors, including the ability to make use of an outdoor area or a path.

It is considered that once the Project is in operation there would be improvements for NMU, including children. This would include improved safety of crossing points of the A9 with the more optimum provision of underpasses. There would also be a new cycleway facility from Kingussie to Kincraig which would improve access for children, including access to the Highland Wildlife Park (HWP). The Project’s NMU provision would therefore have a positive impact on article 3 (the best interest of the child), article 6 (life, survival and development), article 15 (freedom of association), article 24 (health and health services) (where children benefit from healthier travel), article 28 (right to education) (where routes may be used by schoolchildren), and article 31 (leisure, play and culture) in the long term.

The key outdoor areas currently accessible from NMU routes within the Project study area include the surrounding Munros and Corbetts, National Cycle Network (NCN) route 7, CNPA Core Path network, Glebe Ponds open space, Ralia Café, Ruthven Barracks, Insh Marshes RSPB National Nature Reserve, Loch Gynack and the Highland Wildlife Park.

During construction, access to the Highland Wildlife Park will be maintained and routes from the A9 to the surrounding Munros, Corbetts and Loch Gynack are not expected to be affected to the degree that would prevent access to these outdoor sites.

There would be a number of short term potential negative impacts on NMU routes and outdoor access during construction. There would be a reduction in the size of Glebe Ponds open space and the Insh Marshes RSPB National Nature Reserve. From Glebe Ponds the amount of loss would amount to 2% of the area (from the roadside edge of site), while for the Nature Reserve it is less than 1%. This small scale of loss, from an already relatively small area, would not affect article 31 (leisure, play and culture) and article 15 (freedom of association) as key areas and routes within these sites that people use would be unaffected.

NCN route 7 (and a Core Path which uses the same route) may be closed during construction works associated with the Ralia/Glentruim Junction/access road and at the Newtonmore Junction, while the B970 (where NCN route 7 is on-road) is expected to be temporarily closed during underbridge construction. These impacts will affect cyclists and walkers of the NCN route, including children, many of which may be tourists from nearby tourist accommodation. As mitigation, the Contractor will be required to provide a suitable shuttle facility for pedestrians and cyclists using NCN route 7 between Crubenmore and Newtonmore during construction operating hours. Outside of these hours, access in the form of a temporary diversion suitable for walkers and cyclists will be provided.

The temporary closure of the B970 for construction of the underbridge would also affect people walking the East Highland Way, Scottish National Trail and Speyside Way Extension long distance paths (in addition to NCN7 as described above) which all follow the same route along the B970 which passes over the River Spey and under the A9. This is a key route from Kingussie to Ruthven Barracks and Insh Marshes RSPB nature reserve. It may also be used by children living east of the A9 to access clubs, school and other facilities in Kingussie. As mitigation, the Contractor is required to provide an NMU diversion to ensure continuity of the NMU routes, including long distance paths and NCN7.

Access along road C1137 Glentruim/Catlodge Road, which is the access to Invernavon Caravan Park and to the Falls of Truim and the Truim Woods hill walking route, will be temporarily closed to enable the construction of a new realigned rail underbridge for the realigned Glentruim/Catlodge Road. Several other NMU routes would be disrupted or temporarily closed during construction which may temporarily affect children’s access to the outdoors and therefore negatively affect article 31 (leisure, play and culture) and article 15 (freedom of association).

The scale of these impacts on children is likely to be limited given the localised and temporary nature of most impacts, and the availability of other routes and outdoor space in the areas surrounding the key communities.

Socio-economic Impacts

Chapter 8 People and Communities – Community and Private Assets of the Environmental Statement assessed that the socio-economic impacts of the Project would be neutral with mitigation in place. Following a review of the chapter, no evidence was identified of any notable effects on children.

Impacts on Public Transport (including School Buses)

During operation, impacts on public transport are expected to be neutral (rail services) or beneficial (bus and coach services). The Project 9 – Crubenmore to Kincraig Objector Report – Glentruim Junction (Transport Scotland, 2021) details how the design team considered feedback from public consultation about bus stopping points (including school bus stopping points).

The integration of public transport facilities was considered throughout the design development process. The design team was informed through meetings with stakeholders that the school bus serving the Glentruim area collects children at an informal stopping point on the northbound carriageway at the existing Glentruim Junction. School buses currently stop at the junction between the A9 and the C1137. This is not considered a safe stopping point and once the A9 is made a dual carriageway here, traffic speeds would be faster and buses would not be permitted to stop.

As part of the Project it is proposed to provide a bus stop on the local road network near the Newtonmore grade separated junction, to serve school bus services if and when they are needed. This removes the need for slow moving buses to merge on to a high speed road as well as removing the possibility of schoolchildren attempting to cross the dual carriageway (and the associated risks to their safety).

The location of a dedicated bus stop facility near Newtonmore Junction represents reasonable provision and aligns with the Project objectives of integrating the existing public transport network, whilst maintaining safe operation of the road network. An additional journey distance of 2.5 km is required from the existing drop-off point to the proposed Newtonmore junction, however this is deemed suitable and through consultation it has been confirmed with The Highland Council, that children collected at the Glentruim Junction are taken there by car and therefore they can also be dropped off or collected from the new safer bus stop. This has the potential to provide a long-term positive impact to article 6 (life, survival and development).

However, during construction it is possible that bus services including school buses could experience slower speeds and delays as a result of using the A9 due to road works and other construction activities. Education Scotland published a report in 2023 about the impacts of children missing school, called ‘Improving Attendance: Understanding the Issues’. The report refers to research that shows that all forms of absence natively impact achievement and attainment. Even though disruption of transport routes would be temporary, depending on the duration and timing of the works, there is potential for impacts on individual children’s educational achievements in the event that disruption to school transport leads to children missing lessons. This has the potential to negatively impact article 28 (right to education). Standard A9 Mitigation commitment SMC-S3, which is listed in the Environmental Statement, requires the Contractor to appoint a Community Liaison Officer supported by a liaison team. The Community Liaison Officer will be expected to engage with Newtonmore Primary School, Kingussie Primary School and Kingussie High School if there is the potential for the construction works to impact on the journey times of children getting to or home from school.

Appendix 5.1 Construction Details of the Environmental Statement sets out information on public access, site access and traffic management. During construction, temporary traffic management will be required to undertake the works, whilst minimising disruption to users of the active road network. The Contractor is required to prepare a traffic management plan under Standard A9 mitigation commitment SMC-AT4 which is listed in the Environmental Statement. As part of the development of this plan, the Contractor will consult with Transport Scotland, The Highland Council, Police Scotland and the Road Operating Company. It is expected that the Contractor will also consult with public transport providers, including those providing school transport, as part of the development of its construction traffic management plan, to enable the public transport providers to make timetabling considerations.

Effects of noise and vibration

Chapter 17 Noise and Vibration within the Environmental Statement has been reviewed to understand if during operation there is the potential for impacts on children’s rights and wellbeing. The assessment concluded that there are three dwellings where a significant adverse impact remains in the short-term following the implementation of the Project with the proposed noise mitigation. These houses already experience road traffic noise from the A9 but due to a predicted increase in traffic speed and flows, an increase of noise is predicted of more than 3 decibels, which is discernible to the human ear. However, the predicted level of noise would be below the threshold where noise insulation of properties is required to protect health. Over the long term the significance of impact was predicted in the EIA to reduce to not significant at these three dwellings as the people living in them would become used to the change in road traffic noise.

The CRWIA has reviewed scientific evidence for whether children may be more susceptible to road traffic noise than adults. The scientific evidence gathered by the World Health Organization when preparing its noise guidelines for the European Region (WHO, 2018) did not show any significant links between road traffic noise and children’s cognitive development (i.e. children’s ability to think, remember and acquire knowledge), children’s attention or working memory. A more recently published study also found no relationship between road traffic noise and cognitive and motor function in children (Perez-Crespo and others, 2024). Based on this evidence, it is not anticipated that the short-term impacts at the three residential properties would adversely affect children’s rights and wellbeing.

During construction there would be 34 residential dwellings which may experience construction noise above the threshold for significant construction noise impact. The Contractor will be required to agree a scheme of noise and vibration monitoring with the Environmental Health Officer and meet noise and vibration limits to be set in a construction environmental management plan. The Contractor will put in place several measures to reduce noise impacts. The EIA predicts that with the mitigation measures in place, noise levels will be reduced below the threshold for significant construction noise impact. It is therefore anticipated that there would be no adverse impacts on children’s and wellbeing from noise and vibration during construction.

Effects on Air Quality

Chapter 16 Air Quality within the Environmental Statement has been reviewed to understand if there is the potential for impacts on children’s rights and wellbeing due to changes in air quality. For operational effects, it was concluded that even without any mitigation, impacts on air quality are not significant. This will have a neutral impact on article 6 (life, survival and development) and article 24 (health and health services).

During the construction of the Project, activities have the potential to give rise to dust. With appropriate mitigation in place as detailed in the Environmental Statement, the impacts can be minimised during construction works to become insignificant. It is therefore anticipated that there would be no adverse impacts on children’s and wellbeing from air quality during construction.

6. What changes (if any) have been made to the proposal as a result of this assessment?

No changes to the proposal have been identified as a result of this assessment. Existing mitigation already identified in the Environmental Statement, as explained under question 5 and listed under question 9, provides the mechanism through which the impacts identified on children can be addressed.

Conclusion

7. As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights?

Both positive impact and negative impact.

8. If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland.

The positive impact will be to the best interests of the child (article 3) and children’s right to life, survival and development (article 6) by providing improved walking, cycling and horse rising provision and improving safety along the A9. The Project has the potential to benefit the Leisure, play and culture of children (article 31) and freedom of association (article 15) through improved walking, cycling and horse riding provision. The Project will give the opportunity for children to express their views and for those views to be considered, (article 12 and 13) through Academy9’s continued engagement with children during the Project construction.

9. If a negative impact has been identified, please describe it below. Is there a risk this could potentially amount to an incompatibility?

The minor negative impacts of the Project are listed below. Due to the minor, temporary nature of these localised impacts, they are not considered to be incompatible with child rights. These temporary negative impacts have been planned for and mitigated as far as possible.

During construction, there will be some temporary diversions causing disruption to access to Newtonmore, Kingussie, Lynchat, Ruthven and Glentruim, including to the community assets in these villages which children may need to use. These impacts on access will be minimised as far as possible with at least one lane in each direction will be available on the A9 at all times except for very specific short-term restrictions.
The majority of the changes to NMU routes listed are not likely to have significant negative effects on children. However, there is the potential for adverse temporary impacts on children who use NMU routes (including the NCN route 7) in the Glentrium Junction area, the Newtonmore Junction area and the Ruthven Road (B970) underbridge as described under the heading ‘Effects on NMU Routes and Access to the Outdoors’ under question 5. These impacts are only due to potential temporary or short term closures during essential works and so should have insignificant impacts on access and amenity in the long term.
There is also the potential for minor impacts as a result of a short term temporary increase in some vehicle journey times, including to school (potentially school buses), during the construction works (by a few minutes) due to narrow lanes and reduced speed limit. Consultation with the schools and bus companies affected should ensure this is not likely to significantly impact children. This is a requirement of mitigation reference SMC-S3 (see below under Action Taken/To Be Taken).

Mitigation Record

What options have been considered to modify the proposal in order to mitigate a negative impact or potential incompatibility?

During the development of the Project, the design has evolved based on feedback from the environmental specialists working on the production of the Environmental Statement. Whilst the feedback of the environmental specialists was not specific to impacts on children, the mitigation of adverse impacts listed below would also be beneficial to children and young people. This information is taken from the Environmental Statement. As construction has the potential to temporarily impact children and young people, Contractor engagement will inform the planning of these parts of the long-term works this order covers.

Issue or risk identified and relevant UNCRC requirement

Potential temporary disruption to access and amenity of use of the NMU routes, access to community facilities and tourism accommodation may occur during the construction period.

Action Taken/ To Be Taken

The mitigation measures and environmental commitments as set out in the Environmental Statement will be incorporated as contractual requirements for the Contractor.

Standard A9 Mitigation reference SMC-S1, identified in the Environmental Statement Schedule of Environmental Commitments, requires that a Construction Environmental Management Plan (CEMP) will be prepared by the Contractor. The CEMP will set out how the Contractor intends to operate the construction site, including construction-related mitigation measures identified in the Environmental Statement. Adherence to the CEMP will be a contractual requirement.

Throughout the construction period the Contractor will, as required, contribute towards the overall communications strategy for the A9 Dualling Programme. As part of this the Contractor will appoint a Community Liaison Officer supported by a liaison team as necessary who will liaise with the following:

relevant local authorities;
other statutory bodies and regulatory authorities;
community councils and relevant community groups (including schools*); and
businesses and residents in local communities affected by the construction works.

Development of the Project design has taken into account the need to maintain access for NMUs along and across roads and paths directly affected by the Project. The design of the Project includes the provision of underpasses and new footways and cycleways which maintain and improve access along NMU routes. The Environmental Statement (Chapter 21: Schedule of Environmental Commitments) lists project-specific mitigation for impacts on NMU which will be implemented to minimise impacts on children. These include mitigation commitments SMC-AT1 and SMC-AT2 which relate to minimising the duration of closures of NMU routes and the provision of temporary diversions and assisted crossings where practicable to maintain safe access.

Mitigation commitment SMC-AT5, listed in the Environmental Statement, requires one lane in each direction to be provided for A9 traffic during peak hours (Monday to Friday) except in exceptional circumstances. This will minimise potential impacts on school travel.

The mitigation commitments SMC-S3 (appointment of Community Liaison Officer) and SMC-AT4 (requirement to prepare a traffic management plan), which are listed in the Environmental Statement, will ensure that the Contractor consults with Newtonmore Primary School, Kingussie Primary School and Kingussie High School and school bus providers, regarding bus provision and timetabling during works.

Date action to be taken or was taken

The design development detailed above took place throughout 2017 and 2018 and further specifications to the previously established mitigation measures relating to community liaison and traffic management have been identified as required by this CRWIA in 2024.

This will take place at appropriate times prior to, and during construction of the Project.

10. As a result of the evidence gathered and analysed against all wellbeing indicators (Annex 2), will the proposal contribute to the wellbeing of children and young people in Scotland? (Guidance Section 2.3.2, pages 20-22).

Safe: Yes

Healthy: Yes

Achieving: Not Applicable

Nurtured: Not Applicable

Active: Yes

Respected: Yes

Responsible: Not Applicable

Included: Not Applicable

If yes, please provide an explanation below:

Children and young people’s safe wellbeing indicator will be positively impacted by dualling of the A9 and improved walking, cycling and horse-riding provision, making the road safer for use and therefore protecting public safety.

11. How will you communicate to children and young people the impact that the proposal will have on their rights?

The CRWIA will be published and has been written in so far as possible accessible language so as to allow for children and young people to understand its content and the potential impacts on their rights as identified in the assessment.

Post Assessment Review and sign-off

12. Planning for the review of impact on children’s rights and wellbeing

This CRWIA will be published alongside SSI’s for Made Orders. The rights of children and young people will continue to be considered and reviewed as part of normal project evaluation and a further CRWIA will be considered should a new SSI be required to deliver the Project.

13. Sign off

Policy Lead Signature & Date of Sign Off: 12 December 2024

Deputy Director Signature & Date of Sign Off: 18 December 2024

Date CRWIA team first contacted: 26 November 2024

CRWIA for Side Roads order

UN Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 Compatibility Consideration and Narration of Statement of Compatibility

The Scottish Ministers have made the following statement regarding children’s rights.

“In accordance with section 23(2) of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (the Act), the Scottish Ministers certify that, in their view, The A9 and A86 Trunk Roads (Crubenmore to Kincraig) (Side Roads) Order 2024, is compatible with the UNCRC requirements as defined by section 1(2) of the Act.”

Disclaimer

Key words and terms

The following words and terms relating to the A9 Dualling Programme: Crubenmore to Kincraig Project are used in evidence we have gathered.

Amenity – something which is intended to make life more comfortable for people for example, shops, swimming pools.
Census – an official information gathering exercise which is carried out every 10 years to count the number of people living in a country and gather some information about them.
CH2M and Fairhurst – the name of two companies that worked together as a Joint Venture (CFJV) on behalf of Transport Scotland at the time that the environmental impact assessment for the Project was prepared. CH2M is now part of another company known as Jacobs Engineering and the joint venture is JFJV.
Community assets/facilities – are anything which can be used to improve the quality of community life, for example leisure facilities or community groups.
Community Councils – are voluntary organisations run by local residents to act on behalf of their area.
Community severance – a term to describe when people struggle to walk or cycle to facilities within their communities because of an obstacle such as busy traffic.
Construction phasing – the planned steps for carrying out the construction work on a whole project, not everything can be done all at once.
Contractor – a company that supplies materials or workers to carry out construction works.
Dualling – conversion of a single carriageway road into a dual carriageway where traffic on each carriageway flows in opposite directions and are separated by a physical divider or barrier.
Environmental Statement – the report of the Environmental Impact Assessment (EIA) which describes how the Project is predicted to affect environmental conditions. It assesses things like air, water, plants, and animals, and suggests ways to protect them. A non-technical summary summarises the findings for a wider audience.
Level of service – is a measure of the quality of traffic service, to calculate this measure we look at vehicle speed, number of vehicles, flow of traffic.
Local Authorities – a group of people who govern an area.
National Cycle Network – is a UK-wide network of signed paths and routes for walking, wheeling, cycling and exploring the outdoors.
Non-motorised user (NMU) – this is a collective term used to describe pedestrians, cyclists and equestrians (e.g. horse riders).
Operational performance – how well the road works once the construction works are complete.
Policies – are a set of ideas or a plan which have been agreed to by a group of people, a business, a government or a political party.
Project– the project in this document means the works to be undertaken to dual the A9 road between Crubenmore and Kincraig
Rock blasting – is the term used to describe reducing large solid rocks to fragments by using explosives.
Slip roads – are sections of roads at junctions which allow traffic to slow down or speed up when leaving or joining the main flow of traffic.
Scottish Statutory Instrument (SSI) – A type of secondary legislation made under authority contained in Acts of the Scottish Parliament.
Socioeconomic impacts – impacts which may affect social and/or economic aspects of people’s lives. Social impacts are those which affect the ability of people to spend time with each other. Economic impacts are those which involve money.
Stakeholder - a person or group that has an interest in the Project and how it may impact themselves or their community.
Statutory Bodies – organisations who check that laws and rules are being followed.
STEM – an acronym used for the subjects of science, technology, engineering and mathematics.
Temporary alignments – this term describes when temporary additional roads are built at a location away from the main construction site. This allows construction to take place at the location of the final road in position without having traffic on it.
Temporary traffic management – is a system of controlling traffic by use of lane closures, diversions, speed limit restrictions. This is used to keep road users and construction workers safe during works on the road.
Traffic Management Plan – a plan put in place to protect workers, pedestrians and motorists by minimising the risks associated with traffic movement.

1. Brief Summary

Type of proposal:

Scottish Statutory Instrument (SSI)

Name the proposal, and describe its overall aims and intended purpose.

The A9 and A86 Trunk Roads (Crubenmore to Kincraig) (Side Roads) Order 2024 forms part of the regulations required for the overall programme to dual the A9 between Perth and Inverness. The Side Roads Order provides for the construction of new side roads, the improvement and stopping up of sections of existing road and the stopping up and provision of new private means of access, all in connection with the dualling of the A9 trunk road.. This Side Roads Order is being promoted alongside the associated Trunking Order for this Project.

The Project comprises dualling of approximately 16.5 km of the existing A9 road between Crubenmore and Kincraig, to be achieved through widening and upgrades of the existing carriageway, new crossings of the River Spey and the Highland Main Line (HML) railway at Kingussie, and some small areas of works away from the existing carriageway. The Project will replace existing junctions to cater for local access; providing two main junctions, one at Newtonmore and the other at Kingussie, together with three northbound left in / left out accesses on the A9.. The reduction in accesses and removal of the right turns onto the A9 aims to improve safety and reduce accidents. The Project also incorporates upgrades to road drainage to improve treatment of the water coming off the road and address flood risk.

To improve the performance of the A9 by:

Reducing journey times, and
Improving journey time reliability.

To improve safety by:

Reducing accident severity, and
Reducing driver stress.

Facilitate active travel (travel by walking and cycling) in the corridor.
To improve integration with public transport facilities.