Child Rights and Wellbeing Impact Assessment

Trunk Road

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 A95 Trunk Roads (Dalraddy to Slochd) (Trunking) Order 2024, is compatible with the UNCRC requirements as defined by section 1(2) of the Act.”

Child Rights and Wellbeing Impact Assessment Template

Introduction

Brief Summary (Guidance Section 3.2, pages 16 and 17).

[In accordance with section 17 of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024, this is:

Type of proposal:

SSI ☒

Decision of a strategic nature relating to the rights and wellbeing of children ☐

Applicable answer: SSI

Key words and terms

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

At-grade crossing – this is a term to describe a road crossing at the same level as traffic as opposed to a footbridge or underpass. For example, zebra crossings, pelican crossings and traffic islands, are all forms of at-grade crossings.
Community severance – a term to describe when people struggle to walk or cycle to facilities within their communities because of traffic.
Dualling – upgrading of a single carriageway road into a dual carriageway.
Environmental Statement – the report of the Environmental Impact Assessment (EIA) which described how the Scheme is predicted to affect environmental conditions.
Grade separated junctions – this is a term used to describe a road junction where a tunnel or a bridge is used to separate traffic flows.
Non-motorised user (NMU) – this is a collective term used to describe pedestrians, cyclists and equestrians (e.g. horse riders).
STEM – an acronym used for the subjects of science, technology, engineering and mathematics.
LILO – a left in/left out at grade junction where vehicles may leave or join the dual carriageway but only to turn left.

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

The A9 and A95 Trunk Roads (Dalraddy to Slochd) (Trunking) Order 2024 (the “Scheme”) forms part of the overall programme to dual the A9 between Perth and Inverness. The Trunk Road Order directs that new lengths of road will become Trunk Road and 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 then again, 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 Dalraddy to Slochd project and its associated Scottish Statutory Instruments (SSI) (referred to in this CRWIA as the Scheme) is located approximately 30km south of Inverness and will improve approximately 25km of the existing A9 single carriageway to a dual carriageway. It will involve road widening and improvements to the current road, as well as building three major junctions located south of Aviemore, Granish and at Black Mount. Improvements to footpaths and cycleways will also be included to allow for safer active travel between Aviemore and Kincraig.

Land uses within the study area of the Scheme include community, residential and commercial areas, as well as areas that support agricultural, forestry and sporting activity. The main settlements are the town of Aviemore and the village of Carrbridge, which contain most of the residential, community and commercial land within the study area. There are several future development land allocations and live / consented planning applications for housing, economy / employment land and open space and tourism.

The extent of the Scheme can be seen in Figure 1 and Figure 2 Appendix A, and includes:

Three Grade Separated Junctions (a junction with slip roads and over/under bridges that allows traffic to leave and join with the main road, without having to turn across oncoming lanes of traffic). These will be located at Aviemore South, Granish and Black Mount. Aviemore South junction will include a bridge over the dualled A9 whilst Granish and Black Mount incorporate underpasses beneath the dualled A9.
Localised diversions of the connecting public roads at the three grade separated junctions, including at the specific locations of Lynwilg where diversions are required to connect public roads to Aviemore South Junction, and at Slochd where diversions are required to connect public roads to Slochd left-in / left-out (LILO).
Adding four LILO only junctions (where turning movements between a local road and the dualled A9 are restricted to left only turns) and eight additional underpasses.
Adding eleven lay-bys (six northbound and five southbound).
Adding approximately nine kilometres of new or improved private access tracks along with Sustainable Drainage Solutions (SuDS), to drain the new carriageway, and associated private access tracks.
There will be new crossings over watercourses including a second major bridge over the River Dulnain.
Another major structure over the Highland Mainline railway at Slochd, adjacent to the existing bridge.
A number of modifications and improvements to footpaths and cycleways have been incorporated to facilitate active travel including a connection to the Kingussie to Kincraig route, from the southern end of the Scheme to Aviemore South Grade Separated Junction and with a connection to the right of way (also to be upgraded as part of the Scheme) leading into Aviemore.
Proposed new underpasses, replacing existing crossing points for pedestrians, cyclists and equestrians, will improve safety for users of core paths, rights of way, National Cycle Network Route 7 (NCN7) and other non-vehicular routes which intersect the A9 within the Scheme extents.

The Scheme received Ministerial consent to proceed in November 2021. It is anticipated that once a contractor is appointed, construction would take approximately 4.5 years.

The objectives for the A9 dualling programme (of which this scheme forms a part) are:

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 and around these areas.
To improve integration with public transport facilities.

A wide range of engagement activities have been undertaken throughout the development of the Scheme to inform the design of the Scheme so it meets the needs of all users and provides wider socio-economic benefits through improved accessibility for all.

Start date of proposal’s development: Specifically relating to the Dalraddy to Slochd section of the A9 Dualling programme the first engagement was Sept 2015 (date of first Drop-in), with February 2016 the date of the first public exhibition to inform the Stage 2 Report.

Start date of CRWIA process: August 2024

With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024 (Annex 1), which aspects of the proposal are relevant to children’s rights? (Guidance Section 3.2, pages 17-19).

Summary of relevant Articles:

Article 2: This article highlights children should not face discrimination of any kind, irrespective of their, or their guardian’s status or personal characteristic (including race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status). Depending on a person’s personal characteristics, they may need to frequent certain types of amenities at varying times (such as religious establishments or healthcare). Furthermore, some personal characteristics can also mean a higher likelihood of being a target of hate crime. During construction it is not expected that the Scheme would directly discriminate towards any person’s status, nor heighten the risk of hate crime. The ES states the Scheme would be visible from existing paths, which would increase natural surveillance of the Scheme, thus improving the perception of safety. During the construction period traffic management may result in temporary road closures and diversions that may have a slight impact on ease of movement to religious establishments for worship, or to other amenities. The mitigation required in the ES will reduce this further.

Article 3: This article highlights the responsibility of care or protection of children, and their health and safety, and that in all actions concerning children, their best interests need to be a primary consideration. After construction the Scheme is likely to have a positive impact on children’s health and safety with the increase in active travel and recreational activities. With the application of mitigation as set out in the ES, during construction, there should be a negligible impact . This is explained further in later questions of this assessment.

Article 6: Similar to Article 3 justification, there is likely to be a positive impact after construction (increase in active travel, more opportunities through linked routes, and Academy9 legacy discussed further in the report). The reduction in accident severity and driver stress as outlined in the aims above will contribute to a positive impact to the rights in Article 6 by improving the usability and safety of travel around these areas with the additions and changes made under this Scheme. During construction there may be a negative impact from noise, vibrations, and air quality implications that may affect children’s development but with the application of mitigation as set out in the ES, this is likely to be slight.
Article 12: This article highlights the need to ensure a child has the rights to express their views freely. During a Scheme exhibition held in November 2017 a response from children at Aviemore Primary School was recorded. This was primarily regarding the loss of the woodland. The loss of Open Space at Milton Wood is covered in Chapter 8 of the ES. The Open Space area is being compensated for and this is embedded mitigation in the ES. This demonstrates a positive response to ensuring children’s views have been expressed freely and listened to.
Article 13: This article highlights the need to ensure a child has the right to freedom of expression. In line with Article 12, the impact on this right is positive, demonstrated by both recognition of children’s views, and also through Academy9 work, which is informing children about the Scheme.
Article 14: Regarding children’s rights to manifest one’s religion or beliefs, after construction the improved active travel routes may enhance opportunities for trips to religious establishments in a positive impact. During the construction period traffic management may result in road closures and diversions that may have a slight negative impact on ease of movement to religious establishments for worship. The mitigation required in the ES will reduce this further.
Article 24: After construction the improved active travel routes may enhance opportunities for healthcare and also promote healthier travel behaviours which would be a positive impact. There may be some slight temporary negative impact due to traffic management during construction. The mitigation required in the ES will reduce this further.
Article 28: During and after construction there are likely to be positive impacts on children’s education through the delivery of this Scheme and the Academy9 programme which is provided to make science, technology, engineering and mathematics (STEM) information available and accessible. Academy9 is described further within the CRWIA. There may be some slight temporary adverse impact due to traffic management and construction vehicle movements during construction. The mitigation required in the ES will reduce this further.
Article 29: In line with Article 28, during and after construction, the Academy9 programme being delivered alongside the Scheme (and wider A9 Dualling programme) is and will continue to support children through providing additional STEM and natural environment learning and experiences that they would likely otherwise not have had. Therefore, there is potential to positively impact this right. There may be some slight temporary adverse impact due to traffic management and construction vehicle movements during construction. The mitigation required in the ES will reduce this further.
Article 31: The project provides additional long-term active travel routes which children can use for all reasons, including for recreational and leisure use. Additionally, the increased availability of walking and cycling routes has the potential to more positively impact children and young people unable to drive until they turn 17 by improving access to a number of facilities, where they may have otherwise been limited to the use of public transport or be driven. By improving this infrastructure in the areas mentioned in question 1 there should be a greater impact on children and young people, however it will have the potential to impact the whole public. During construction, routes to local recreational activities may be impacted through increased journey length or duration associated with diversion routes, this would be temporary and is addressed later in this CRWIA. The mitigation required in the ES will reduce this further to a slight/negligible impact.

Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal. (Guidance Section 3.2, pages 19-22).

From:

existing research/reports/policy expertise
consultation/feedback from stakeholders
consultation/feedback directly from children and young people

Evidence gathered to inform this CRWIA are summarised below and include:

Examination of local amenities and demographic composition (a) of the communities living along the Scheme, which has been used to infer the most likely users of the scheme.
1. This included data analysis to examine the proportion of children and other equalities groups with protected characteristics locally, and mapping to determine the location of amenities most likely to be frequented by those with equality considerations, such as children and people with disabilities.
Engagement with Education Liaison Officers.
Consultation feedback, in particular views that have been presented in the Environmental Statement.
Planning to determine areas most impacted during construction to apply appropriate mitigations

Existing Reports

The evidence that was gathered to inform the Environmental Statement (ES) and its conclusions have been used to inform the impacts presented within the CRWIA.

As stated in the ES, the A9 is a strategic route linking Central Scotland with the Scottish Highlands, and improvements to the route are considered critical in growing and developing northern Scotland for communities, businesses and visitors/leisure users.

Amongst others, the A9 between Perth and Inverness includes characteristics that can impact upon journey time and reliability such as:

Traffic flows that vary between circa 23,000 (2012) Annual Average Daily Traffic (AADT) at Perth and Inverness to circa 8000 (2012) AADT south of Aviemore.
Marked seasonal fluctuations in traffic flows.
A changing cross section from single carriageway through localised WS2+1 (overtaking) sections to dual carriageway.

The current single carriageway sections between Dalraddy and Slochd can lead to vehicles being held up by slower moving traffic, including HGVs. The resultant journey time increase can cause driver frustration potentially giving rise to the execution of dangerous overtaking manoeuvres.

The ES also states further characteristics of the A9 between Perth and Inverness relating to accident safety and driver stress:

A higher than average rate of serious or fatal accidents.
A lower than average general accident rate.
Approximately 20% of accidents are winter weather related.
Driver frustration due to lack of guaranteed overtaking opportunities.

The majority of collisions on the A9 between Perth and Inverness occur along sections of single carriageway, and generally near to junctions. Whilst accident rates are below the national average, the severity of accidents is significantly higher.

Local amenities and demographic data

Population characteristics and needs were considered firstly at the strategic level by use of Scottish Transport Appraisal Guidance (STAG) and Strategic Environmental Assessment (SEA) to carry out and assess the Strategic Transport Projects Review (STPR) within which the Scheme is included as a ‘Targeted Infrastructure Improvement’.

The STPR SEA considered the impact of the proposed interventions on population trends. The targeted infrastructure improvements, of which the Scheme formed a component, were noted as potentially needing population impact mitigation at project development stage:

“There are two mitigation measures detailed below, which if implemented, are envisaged to avoid or reduce adverse effects on the population topic (negative impacts on children and young people within the context of CRWIA). There are no conceived difficulties in implementing the mitigation measures:

Fully consider community linkages and accessibility at all subsequent stages of decision making; and
Consultation with local communities over proposed transport interventions.”

Engagement with Education Liaison Officers.

Engagement has been undertaken with Education Liaison Officers who support a relationship between the A9 Dualling project and schools along the A9, and to inform children and young people in education. This took place in June 2024. A summary of their work and Academy9 is provided in the next section.

Consultation

Consultation has been undertaken as part of the Environmental Impact Assessment (EIA) process to inform the ES, however the evidence gathered is applicable to this assessment and has been applied to identify potential impacts.

A wide range of engagement activities have been undertaken throughout the development of the Scheme to inform its design so it meets the needs of all users and provides wider socio-economic benefits through improved accessibility for all.

Consultation feedback was gathered and held on consultation logging software, PinPoint. PinPoint is a software platform, which has been designed to collect and analyse client, project and user information. PinPoint can display this information in a number of different ways, aiding understanding and use of the data, to make informed decisions throughout the life of the project. The matters raised which have been recorded on this portal have been examined and those applicable to the CRWIA have been extracted and key themes summarised below.

Consultation informing the Environmental Statement – People and Communities

The People and Communities assessment, Chapter 9, ‘Effects on all travellers’ in the Environmental Statement presents the assessment of potential impacts on the journeys made by pedestrians, cyclists, equestrians and vehicular travellers, referred to as Non-Motorised Users (NMUs). Relevant information pertinent to the CRWIA is summarised below:

The section of National Cycle Network (NCN) that passes through the study area is approximately 32km long and runs through Aviemore, and north to Carrbridge where the alignment splits. One section of NCN7 also routes west, before routing north to Slochd. This section is used by vulnerable groups to access facilities within Carrbridge such as the primary school.
A core path local to the area (LBS41, 450m) – School to Milton Woods, is a well-used path that runs east to west from central Aviemore to Milton Woods and forms part of the Aviemore Orbital Route. The route of this path connects to the east of the existing A9 and, which consultation indicates, is used by vulnerable groups to access facilities such as Aviemore Medical Practice.
Another core path (LBS114, approx. 3.5km) (CNPA) follows the alignment of NCN7 from Carrbridge and routes west and under the A9 to Sluggan and beyond to Slochd. This Core Path has a range of users including walkers, cyclists, equestrians, and vulnerable groups accessing facilities within Carrbridge such as the primary school.

Engagement with Education Liaison Officers

Further Scheme engagement has been undertaken with Education Liaison Officers who provide a link between the Scheme and schools along the A9. This engagement was undertaken to inform the CRWIA.

As part of the A9 Dualling Programme, this Scheme benefits from Academy9, which is an educational initiative from Transport Scotland, linked specifically to the A9 Dualling programme. Academy9 has been developed in partnership with schools along the A9 in addition to wider communities across Scotland, educational professionals, educational consultants and industry professionals.

Academy9 is building a legacy of STEM-related skills and achievement through a series of progressive STEM activities and experiences, providing future generations with the opportunity to learn both hard and soft skills and consider STEM-related careers.

Whilst Academy9 is not a purposely designed piece of engagement with children concerning only the Dalraddy to Slochd A9 section, it has been, and continues to be a way of engaging children to the overall A9 Dualling Programme. Some local school children provided some feedback at an exhibition to Academy9, in November 2017 on the Scheme. Their views were that they did not want the Scheme to be too big, affect the nearby woodland (Milton Woods) and wildlife, nor affect the outdoor learning activities they undertake.

PinPoint Consultation feedback

Several topics were raised in the consultation feedback, relevant to the children and young people:

Concern over the impact to Milton Wood, which is also used for outdoor educational purposes for local primary school children.
Concern over the disruption to children during the construction period, regarding times of working and disruption that could be caused should works be undertaken during nighttime.
Concern over the route of the proposed north to south main NMU route, due to it incorporating a range of differing standards of path. Questioning the suitability for the likely range of NMU types (including horses, inexperienced cyclists, walkers and children).

“We have a young family and we are very concerned about the disruption that will be caused to us, particularly during the construction period.”

“We attract a lot of business from families with children and have concerns about how they will sleep with disruption from working machinery. Clarification is need with regard to working hours.”

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 (Guidance Section 3.2, page 22).

No gaps in evidence. During construction the appointed contractor will be required to consult and comply with relevant stakeholders regarding construction activities and timings.

Analysis of Evidence (Guidance Section 3.2, page 23).

The evidence gathered has demonstrated the presence of children and young people in the area. Local amenities have been mapped (see Figure 2 in Appendix A), to illustrate the number and locality of amenities within 1km of the Scheme that children and young people may travel to. This can then help infer the likelihood of children using the roads and local area affected by the Scheme.

Most amenities are located in Aviemore, including schools, religious establishments, healthcare facilities and a community centre. These are all services children and young people are likely to visit more regularly. The most common type of amenity in Aviemore is a food shop. There are two primary schools in the core assessment area (CAA), in Carrbridge and Aviemore.

Where available, Scottish 2022 Census data has also been used to examine the local demographics of the area. As shown in Table 1, the proportion of children has been presented for the CAA of 1km from the Scheme and for Scotland, to provide a comparison.

The Scottish Census 2022 data shows that there is a slightly smaller (-1.6%) proportion of children aged 0 to 18 years old in the CAA, in comparison to Scotland. Though 16.9% of the CAA population are aged 0 to 15 years old, and 18.5% are ages 16 to 24 years old, indicating the presence of children and young people likely to be travelling around the local area.

During construction there may be some temporary adverse impacts due to increased noise, vibration and an increase in travel disruption due to traffic management. These impacts will be temporary and short in duration in comparison to the long-term benefit of the dualling.

During operation, the opening up of better, linked-up active travel routes should benefit children and young people, particularly for healthier travel choices and access to leisure and recreation activities. These will have long term positive impacts upon children and young people.

There has been a lot of engagement with schools to date, and whilst not all of the materials used are specific to this Scheme, rather the whole A9 Dualling Programme, there have been, and will continue to be, positive educational outcomes as a result of the Academy9 work. This work will have a lasting legacy as the children move into adulthood with learning, skills and experiences they have gained through this initiative.

What changes (if any) have been made to the proposal as a result of this assessment? (Guidance Section 3.2, page 23)

There are no changes to the Proposed Design as a result of the CRWIA.

The assessment reaffirms conclusions and commitments made in the Environmental Statement. The following summary has been addressed within the ES commitments. Construction methods, timings and any required mitigative measures will be considered within construction management plans. Whenever possible construction activities will be undertaken at times that minimise disruption to the local communities. If at times there is unavoidable disruption, this will be temporary with suitable alternative routes provided if access is limited which is already factored in through current process and will be communicated in advance of any possible disruptive activities to allow communities to plan and adapt their journeys and activities, where possible. Refer to the Environmental Statement Chapter 21 - Schedule of Environmental Commitments. In particular, Standard mitigation SMC-S3 and mitigation measure for ‘People and Communities – Community and Private Assets’ and ‘People and Communities – Effects on All Travellers’ ‘

Conclusion

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? (Guidance Section 3.2, page 23):

Applicable answer(s): Positive after construction and minimal negative throughout construction

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. (Guidance Section 3.2, page 24).

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-riding provision and improving safety along the A9. The whole life of the Scheme is likely to benefit children and young people, especially in improving road safety. Additionally, improving walking and cycling routes provides more opportunities for children and young people to access a number of buildings and facilities near the area, particularly with them being less able to independently access them by car.

As stated in the ES, the Scheme will be visible from existing paths, which could increase natural surveillance of the Scheme, thus improving the perception of personal safety and risk of discrimination (Article 2).

There has been engagement from children in response to an exhibition drop-in session, which was taken on and considered, and also information provided to advise them of the Scheme through Academy9 work (Articles 12 and 13).

The Scheme has the potential to benefit the leisure, play and culture of children (Article 31) through improved walking, cycling and horse-riding provision. There will also be likely positive impacts to the right to education and goal of education (Articles 28 and 29) as a result of the Scheme and Academy9 programme which will make information on STEM available and accessible. This will support children’s learning experiences and ability to achieve their full potential. Once operational, the likely impacts upon these rights are all positive, through the provision of better, linked-up active travel routes that should benefit children and young people, particularly for healthier travel choices and access to leisure and recreation activities.

If a negative impact has been identified please describe below. Is there a risk this could potentially amount to an incompatibility? (Guidance Section 3.2, page 25).

There are no incompatibilities considered because of the Scheme. The potential negative impacts to the rights in Articles 2, 6, 14, 24, 28, 29 and 31 are all temporary during the construction phase and will be mitigated to lessen the impact, as set out in the ES. With planning and mitigations in place to reduce the impact in so far as possible, the potential temporary negative impacts are deemed necessary (for the health, safety and welfare of the population during construction) and proportionate when weighed against the likely positive impacts to the rights in Articles 2, 3, 6, 12, 13, 14, 24, 28, 29 and 31 (as described previously) once the works have been completed.

Mitigation Record

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

During the development of the Scheme, the design has evolved based on feedback from the environmental specialists working on the production of the Environmental Statement. Whilst this is not specific to impacts on children, the mitigation listed below would also be beneficial to children and young people. This information is taken from the People and Communities – All Travellers chapter of the Environmental Statement. Additionally, as construction has the potential to impact children and young people, contractor engagement will inform the planning of these works.

Please summarise mitigation actions taken below

Issue or risk Identified per article/ Optional Protocol

For Articles 2, 3, 14, 24, 28, 29 and 31, there is the potential for a temporary, potentially negative impact during the construction phase, due to impacts to journey routes and durations, and a temporary increase in noise, vibration and a possible decrease in air quality. These potential impacts are concluded as negligible/slight in the ES.

Action Taken/ To Be Taken

There will be considerate construction strategies followed whenever possible, such as consideration of working hours and activities to eliminate or minimise adverse impacts relating to noise, vibration and possibly air quality which may impact the rights in Articles 24 and 28. Considerate Constructor approaches will be used as well as requirements in the construction contract for the contractor to minimise dust from the works. These actions will mitigate negative impacts as much as possible and are detailed further in the Environmental Impact Assessment associated with the Scheme.

There will also be continued engagement with local communities to keep everyone, including children informed. This will also provide a mechanism to maximise engagement between constructors and communities. From the evidence collated within the CRWIA, it is recommended that the communication of planned construction activities is in fully accessible formats and provided in advance of the works commencing to allow people to change their travel plans or make alternative arrangements to minimise adverse impacts, if required. The Contractor will not be permitted to close current access to any property or premises until new or temporary access arrangements are provided.

Date action to be taken or was taken

The design development, including consultation to inform the design, took place between February 2016 and August 2018. The mitigation listed above, which reflects ES Commitments and Contractual clauses will be delivered before or during construction.

As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland? (Guidance Section 3.2, pages 26-27).

Safe: Yes
Healthy: Yes
Achieving: Yes
Nurtured: Not Applicable
Active: Yes
Respected: Yes
Responsible: Not Applicable
Included: Yes

If yes, please provide an explanation below:

The Scheme will provide active travel options that can be used by children, which should be safer and healthier travel options. These routes will also provide additional recreational and leisure opportunities for children and young people.

The continuation of Academy9 during construction will also further promote both STEM and the awareness of the dualling programme through engagement with schools along the route. This will create a legacy once operational, as the children who undertook these activities will have been given opportunities to learning and experiences they may have otherwise not had.

Furthermore, Academy9 has provided children and young people the opportunity to discuss the Scheme and provide feedback, ensuring their views are respected and included in the development of the Scheme.

How will you communicate to children and young people the impact that the proposal will have on their rights? (Guidance Section 3.2, page 27)

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

Although a recommendation rather than a requirement of the CRWIA, a child-friendly, accessible, shortened version of the CRWIA has been prepared.

Providing information to children and young people on how their rights are being or will be impacted helps to ensure that policy and scheme-development is transparent and so as mentioned in question 9, information will be provided prior to works starting to ensure they are aware of stages of the construction, and can link to impacts identified at each stage within this CRWIA..

Post Assessment Review and sign-off

Planning for the review of impact on children’s rights and wellbeing (Guidance Section 3.2, pages 27).

As part of the decision-making process, plans for reviewing the impact on children’s rights and wellbeing need to be developed.

How will the impact of the proposal on children’s rights and wellbeing be monitored?
When will you review and update the CRWIA if required?

There will be continuation of liaison with education liaison officers and the Academy9 programme, which will support further education around the Scheme during tender, construction and operation. The Academy9 sessions in schools are an opportunity to both provide information and update, and also to record and feedback views from children regarding the A9 Dualling programme.

This CRWIA will be published alongside the SSI. The rights of children and young people will continue to be considered and a further CRWIA will be considered should a new SSI be required to deliver the proposals

Sign off (Guidance Section 3.2, page 28).

Policy Lead Signature & Date of Sign Off: G. Dyet 12/11/2024

Deputy Director Signature & Date of Sign Off: L. Shackman 13/11/2024

Date CRWIA team first contacted: 20/08/2024

[1] Feedback was gathered via online surveys. The Statutory Consultation Period closed on 9 October 2018. Consultation feedback was initially reviewed in the ES summary of environmental consultation responses August 2018.

⁵The loss of Open Space at Milton Wood is covered in Chapter 8 of the ES. The Open Space area is being compensated and is embedded mitigation in the ES.

[2] For the purposes of the CRWIA children are aged 0-18 years old. However, the census 2022 data is provided as age groups 0-15 years old and 16-24 years old. Therefore, both have been presented.

Side Road

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 A95 Trunk Roads (Dalraddy to Slochd) (Side Roads) Order 2024, is compatible with the UNCRC requirements as defined by section 1(2) of the Act.”

Child Rights and Wellbeing Impact Assessment Template

Introduction

Brief Summary (Guidance Section 3.2, pages 16 and 17).

[In accordance with section 17 of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024, this is:

Type of proposal: SSI

Decision of a strategic nature relating to the rights and wellbeing of children ☐

Applicable answer: SSI

Key words and terms

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

At-grade crossing – this is a term to describe a road crossing at the same level as traffic as opposed to a footbridge or underpass. For example, zebra crossings, pelican crossings and traffic islands, are all forms of at-grade crossings.
Community severance – a term to describe when people struggle to walk or cycle to facilities within their communities because of traffic.
Dualling – upgrading of a single carriageway road into a dual carriageway.
Environmental Statement – the report of the Environmental Impact Assessment (EIA) which described how the Scheme is predicted to affect environmental conditions.
Grade separated junctions – this is a term used to describe a road junction where a tunnel or a bridge is used to separate traffic flows.
Non-motorised user (NMU) – this is a collective term used to describe pedestrians, cyclists and equestrians (e.g. horse riders).
STEM – an acronym used for the subjects of science, technology, engineering and mathematics.
LILO – a left in/left out at grade junction where vehicles may leave or join the dual carriageway but only to turn left.

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

The A9 and A95 Trunk Roads (Dalraddy to Slochd) (Side Roads) Order 2024 (the “Scheme”) forms part of the overall programme to dual the A9 between Perth and Inverness. The Side Roads Order directs that new lengths of road will become Side Roads and part of the Trunk Road Network that will be managed and maintained by Scottish Ministers. This Side Roads Order is being promoted alongside the associated Trunking Order for this Project

The extent of the Scheme can be seen in Figure 1 and Figure 2 Appendix A, and includes:

Three Grade Separated Junctions (a junction with slip roads and over/under bridges that allows traffic to leave and join with the main road, without having to turn across oncoming lanes of traffic). These will be located at Aviemore South, Granish and Black Mount. Aviemore South junction will include a bridge over the dualled A9 whilst Granish and Black Mount incorporate underpasses beneath the dualled A9.
Localised diversions of the connecting public roads at the three grade separated junctions, including at the specific locations of Lynwilg where diversions are required to connect public roads to Aviemore South Junction, and at Slochd where diversions are required to connect public roads to Slochd left-in / left-out (LILO).
Adding four LILO only junctions (where turning movements between a local road and the dualled A9 are restricted to left only turns) and eight additional underpasses.
Adding eleven lay-bys (six northbound and five southbound).
Adding approximately nine kilometres of new or improved private access tracks along with Sustainable Drainage Solutions (SuDS), to drain the new carriageway, and associated private access tracks.
There will be new crossings over watercourses including a second major bridge over the River Dulnain.
Another major structure over the Highland Mainline railway at Slochd, adjacent to the existing bridge.
A number of modifications and improvements to footpaths and cycleways have been incorporated to facilitate active travel including a connection to the Kingussie to Kincraig route, from the southern end of the Scheme to Aviemore South Grade Separated Junction and with a connection to the right of way (also to be upgraded as part of the Scheme) leading into Aviemore.
Proposed new underpasses, replacing existing crossing points for pedestrians, cyclists and equestrians, will improve safety for users of core paths, rights of way, National Cycle Network Route 7 (NCN7) and other non-vehicular routes which intersect the A9 within the Scheme extents.

The Scheme received Ministerial consent to proceed in November 2021. It is anticipated that once a contractor is appointed, construction would take approximately 4.5 years.

The objectives for the A9 dualling programme (of which this scheme forms a part) are:

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 and around these areas.
To improve integration with public transport facilities.

Start date of CRWIA process: August 2024

With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024 (Annex 1), which aspects of the proposal are relevant to children’s rights? (Guidance Section 3.2, pages 17-19).

Summary of relevant Articles:

Article 2: This article highlights children should not face discrimination of any kind, irrespective of their, or their guardian’s status or personal characteristic (including race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status). Depending on a person’s personal characteristics, they may need to frequent certain types of amenities at varying times (such as religious establishments or healthcare). Furthermore, some personal characteristics can also mean a higher likelihood of being a target of hate crime. During construction it is not expected that the Scheme would directly discriminate towards any person’s status, nor heighten the risk of hate crime. The ES states the Scheme would be visible from existing paths, which would increase natural surveillance of the Scheme, thus improving the perception of safety. During the construction period traffic management may result in temporary road closures and diversions that may have a slight impact on ease of movement to religious establishments for worship, or to other amenities. The mitigation required in the ES will reduce this further.

Article 6: Similar to Article 3 justification, there is likely to be a positive impact after construction (increase in active travel, more opportunities through linked routes, and Academy9 legacy discussed further in the report). The reduction in accident severity and driver stress as outlined in the aims above will contribute to a positive impact to the rights in Article 6 by improving the usability and safety of travel around these areas with the additions and changes made under this Scheme. During construction there may be a negative impact from noise, vibrations, and air quality implications that may affect children’s development but with the application of mitigation as set out in the ES, this is likely to be slight.
Article 12: This article highlights the need to ensure a child has the rights to express their views freely. During a Scheme exhibition held in November 2017 a response from children at Aviemore Primary School was recorded. This was primarily regarding the loss of the woodland. The loss of Open Space at Milton Wood is covered in Chapter 8 of the ES. The Open Space area is being compensated for and this is embedded mitigation in the ES. This demonstrates a positive response to ensuring children’s views have been expressed freely and listened to.
Article 13: This article highlights the need to ensure a child has the right to freedom of expression. In line with Article 12, the impact on this right is positive, demonstrated by both recognition of children’s views, and also through Academy9 work, which is informing children about the Scheme.
Article 14: Regarding children’s rights to manifest one’s religion or beliefs, after construction the improved active travel routes may enhance opportunities for trips to religious establishments in a positive impact. During the construction period traffic management may result in road closures and diversions that may have a slight negative impact on ease of movement to religious establishments for worship. The mitigation required in the ES will reduce this further.
Article 24: After construction the improved active travel routes may enhance opportunities for healthcare and also promote healthier travel behaviours which would be a positive impact. There may be some slight temporary negative impact due to traffic management during construction. The mitigation required in the ES will reduce this further.
Article 28: During and after construction there are likely to be positive impacts on children’s education through the delivery of this Scheme and the Academy9 programme which is provided to make science, technology, engineering and mathematics (STEM) information available and accessible. Academy9 is described further within the CRWIA. There may be some slight temporary adverse impact due to traffic management and construction vehicle movements during construction. The mitigation required in the ES will reduce this further.
Article 29: In line with Article 28, during and after construction, the Academy9 programme being delivered alongside the Scheme (and wider A9 Dualling programme) is and will continue to support children through providing additional STEM and natural environment learning and experiences that they would likely otherwise not have had. Therefore, there is potential to positively impact this right. There may be some slight temporary adverse impact due to traffic management and construction vehicle movements during construction. The mitigation required in the ES will reduce this further.
Article 31: The project provides additional long-term active travel routes which children can use for all reasons, including for recreational and leisure use. Additionally, the increased availability of walking and cycling routes has the potential to more positively impact children and young people unable to drive until they turn 17 by improving access to a number of facilities, where they may have otherwise been limited to the use of public transport or be driven. By improving this infrastructure in the areas mentioned in question 1 there should be a greater impact on children and young people, however it will have the potential to impact the whole public. During construction, routes to local recreational activities may be impacted through increased journey length or duration associated with diversion routes, this would be temporary and is addressed later in this CRWIA. The mitigation required in the ES will reduce this further to a slight/negligible impact.

Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal. (Guidance Section 3.2, pages 19-22).

From:

existing research/reports/policy expertise
consultation/feedback from stakeholders
consultation/feedback directly from children and young people

Evidence gathered to inform this CRWIA are summarised below and include:

Examination of local amenities and demographic composition (a) of the communities living along the Scheme, which has been used to infer the most likely users of the scheme.
1. This included data analysis to examine the proportion of children and other equalities groups with protected characteristics locally, and mapping to determine the location of amenities most likely to be frequented by those with equality considerations, such as children and people with disabilities.
Engagement with Education Liaison Officers.
Consultation feedback, in particular views that have been presented in the Environmental Statement.
Planning to determine areas most impacted during construction to apply appropriate mitigations

3.1 Existing Reports

The evidence that was gathered to inform the Environmental Statement (ES) and its conclusions have been used to inform the impacts presented within the CRWIA.

Amongst others, the A9 between Perth and Inverness includes characteristics that can impact upon journey time and reliability such as:

Traffic flows that vary between circa 23,000 (2012) Annual Average Daily Traffic (AADT) at Perth and Inverness to circa 8000 (2012) AADT south of Aviemore.
Marked seasonal fluctuations in traffic flows.
A changing cross section from single carriageway through localised WS2+1 (overtaking) sections to dual carriageway.

The ES also states further characteristics of the A9 between Perth and Inverness relating to accident safety and driver stress:

A higher than average rate of serious or fatal accidents.
A lower than average general accident rate.
Approximately 20% of accidents are winter weather related.
Driver frustration due to lack of guaranteed overtaking opportunities.

3.2 Local amenities and demographic data

Fully consider community linkages and accessibility at all subsequent stages of decision making; and
Consultation with local communities over proposed transport interventions.”

3.3 Engagement with Education Liaison Officers.

3.4 Consultation

Consultation informing the Environmental Statement – People and Communities

The section of National Cycle Network (NCN) that passes through the study area is approximately 32km long and runs through Aviemore, and north to Carrbridge where the alignment splits. One section of NCN7 also routes west, before routing north to Slochd. This section is used by vulnerable groups to access facilities within Carrbridge such as the primary school.
A core path local to the area (LBS41, 450m) – School to Milton Woods, is a well-used path that runs east to west from central Aviemore to Milton Woods and forms part of the Aviemore Orbital Route. The route of this path connects to the east of the existing A9 and, which consultation indicates, is used by vulnerable groups to access facilities such as Aviemore Medical Practice.
Another core path (LBS114, approx. 3.5km) (CNPA) follows the alignment of NCN7 from Carrbridge and routes west and under the A9 to Sluggan and beyond to Slochd. This Core Path has a range of users including walkers, cyclists, equestrians, and vulnerable groups accessing facilities within Carrbridge such as the primary school.

Engagement with Education Liaison Officers

Further Scheme engagement has been undertaken with Education Liaison Officers who provide a link between the Scheme and schools along the A9. This engagement was undertaken to inform the CRWIA.

PinPoint Consultation feedback

Several topics were raised in the consultation feedback (Feedback was gathered via online surveys. The Statutory Consultation Period closed on 9 October 2018. Consultation feedback was initially reviewed in the ES summary of environmental consultation responses August 2018.), relevant to the children and young people:

Concern over the impact to Milton Wood, which is also used for outdoor educational purposes for local primary school children.
Concern over the disruption to children during the construction period, regarding times of working and disruption that could be caused should works be undertaken during nighttime.
Concern over the route of the proposed north to south main NMU route, due to it incorporating a range of differing standards of path. Questioning the suitability for the likely range of NMU types (including horses, inexperienced cyclists, walkers and children).

“We have a young family and we are very concerned about the disruption that will be caused to us, particularly during the construction period.”

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 (Guidance Section 3.2, page 22).

No gaps in evidence. During construction the appointed contractor will be required to consult and comply with relevant stakeholders regarding construction activities and timings.

Analysis of Evidence (Guidance Section 3.2, page 23).

Where available, Scottish 2022 Census data has also been used to examine the local demographics of the area. As shown in Table 1, the proportion of children (For the purposes of the CRWIA children are aged 0-18 years old. However, the census 2022 data is provided as age groups 0-15 years old and 16-24 years old. Therefore, both have been presented.) has been presented for the CAA of 1km from the Scheme and for Scotland, to provide a comparison.

What changes (if any) have been made to the proposal as a result of this assessment? (Guidance Section 3.2, page 23)

There are no changes to the Proposed Design as a result of the CRWIA.

Conclusion

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? (Guidance Section 3.2, page 23):

Applicable answer(s): Positive after construction and minimal negative throughout construction

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. (Guidance Section 3.2, page 24).

If a negative impact has been identified please describe below. Is there a risk this could potentially amount to an incompatibility? (Guidance Section 3.2, page 25).

Mitigation Record

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

Please summarise mitigation actions taken below

Issue or risk Identified per article/ Optional Protocol

Action Taken/ To Be Taken

Date action to be taken or was taken

As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland? (Guidance Section 3.2, pages 26-27).

Safe: Yes

Healthy: Yes

Achieving: Yes

Nurtured: Not Applicable

Active: Yes

Respected: Yes

Responsible: Not Applicable

Included: Yes

If yes, please provide an explanation below:

How will you communicate to children and young people the impact that the proposal will have on their rights? (Guidance Section 3.2, page 27)

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

Although a recommendation rather than a requirement of the CRWIA, a child-friendly, accessible, shortened version of the CRWIA has been prepared.

Providing information to children and young people on how their rights are being or will be impacted helps to ensure that policy and scheme-development is transparent and so as mentioned in question 9, information will be provided prior to works starting to ensure they are aware of stages of the construction, and can link to impacts identified at each stage within this CRWIA..

Post Assessment Review and sign-off

Planning for the review of impact on children’s rights and wellbeing (Guidance Section 3.2, pages 27).

As part of the decision-making process, plans for reviewing the impact on children’s rights and wellbeing need to be developed.

How will the impact of the proposal on children’s rights and wellbeing be monitored?
When will you review and update the CRWIA if required?

Sign off (Guidance Section 3.2, page 28).

Policy Lead Signature & Date of Sign Off: G. Dyet 12/11/2024

Deputy Director Signature & Date of Sign Off: L. Shackman 13/11/2024

Date CRWIA team first contacted: 20/08/2024

PDF versions of CRWIAs

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