Appendix D: Scoping Report - Consultation Responses

Historic Environment Scotland (HES)

20 February 2023

General

We note that the historic environment has been scoped into the assessment. On the basis of the information provided, we are content with this approach and are satisfied with the scope and level of detail proposed for the assessment. We would offer the following response in relation to the specific questions posed in the Scoping Report.

Positive response from HES noted.

HES

20 February 2023

Appendix E: Legislation Review

We welcome the review presented here and in particular the recognition of the role of the Historic Environment Policy for Scotland in decision-making. As a point of detail we consider that the focus on the reuse, adaptation and maintenance of our existing assets within the Scottish Government’s Infrastructure Investment Plan is of relevance to the historic environment as much of our infrastructure such as stations, bridges and canals are also cultural assets. In relation to the Legislation Review we would note that the Historic Environment Scotland Act 2014 amended the key legislation covering the historic environment. The main pieces of legislation of relevance here are the

• Ancient Monuments and Archaeological Areas Act 1979

• Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

A legislation review was included in the Scoping Report but has not been duplicated for the Environmental Report. However, the references to the Historic Environment Policy for Scotland have been retained in Appendix B of the Environmental Report.

HES

20 February 2023

General and Appendix D: Environmental Baseline

We welcome the baseline information contained within report and Appendix D. This information adequately covers the historic environment resource of the area and the pressures and trends associated. As the report notes elsewhere, previous assessments (both SEA and EIA) have the potential to offer further detail on this baseline and the likely effects associated with options.

Noted.

HES

20 February 2023

Chapter 6.4 Topic-specific Methodology

The proposed methodology for the assessment is sound and we welcome the topic-specific methodology proposed for the historic environment.

Noted.

HES

20 February 2023

Chapter 5.3 Wider Engagement and Public Consultation

We understand from Figure 5.1 on page 35 of the Scoping Report that a consultation period of 6-8 weeks is proposed and we are content to agree with this timescale. Please note that, for administrative purposes, we consider that the consultation period commences on receipt of the relevant documents by the SEA Gateway.

The consultation period for the Environmental Report will be at least six weeks from the date it is issued to Scotland’s SEA Gateway, as per the period shown in Figure 5.1.

NatureScot

20 February 2023

General

NatureScot is content with the scope and level of detail proposed for this Environmental Report.

Positive response from NatureScot noted.

NatureScot

20 February 2023

General

We note from your scoping report that you do not yet have the specific dates for the remaining SEA stages including the consultation period for the Environmental Report. We would advise that a minimum of at least 6 weeks period is provided to enable us to submit a meaningful response to your Environmental Report.

The consultation period for the Environmental Report will be at least six weeks from the date it is issued to Scotland’s SEA Gateway, as per the period shown in Figure 5.1.

NatureScot

20 February 2023

General

We welcome that all of the Strategic Environmental Assessment (SEA) topics have been scoped into the SEA. This reflects the wide range of possible impacts from this project as well as the opportunities for environmental improvement as reflected in your Transport Planning Objectives, and in particular TPO3 – A coherent strategic transport corridor that enhances communities, supporting health, wellbeing and the environment, and where it includes a sub-objective to protect or enhance the natural environment and heritage.

We also welcome the Key Environmental Objectives which highlight further opportunities for enhancement and benefits. Key opportunities that we would highlight include:

- protect and enhance the natural environment, wildlife, its habitats and other natural features, including internationally and nationally designated sites;

- restore ecosystems and ensure their future protection, reintroducing more resilient local biodiversity;

- aim to secure positive effects for biodiversity, and support nature recovery, restoration and enhance green networks;

- flood risk management and changing ecosystems must be factored into the future development to ensure nature-based adaptation and

- encourage green infrastructure.

We also welcome your acknowledgement of the Inter-relationships between the SEA topics Climatic Factors and Biodiversity in table and we would like to highlight the National Planning Framework 4 Policy 1 which prioritises the climate and nature crises. To reflect the NPF4 in this context, we recommend that relevant inter-relationships between Climatic Factors and biodiversity are also considered as twin crises and is a common thread throughout the SEA and A96 Corridor Review.

Noted.

The opportunities listed have been considered in the Environmental Report.

The relevant inter-relationships between the Climatic Factors and Biodiversity topic areas are also considered in the Environmental Report.

NatureScot

20 February 2023

Chapter 4.7 Biodiversity

We note within this section, (and similarly within page 96, section D6/Biodiversity, Flora and Fauna) that other local designations such as Sites of Nature Conservation Interest (SNCIs) and Local Nature Conservations Sites (LNCSs) have not been referred to within the scoping report, and we advise that these sites along with the relevant local authority policies that help to provide their protection, are included in your Environmental Assessment.

The numbers of LNCs and SNCIs have now been added to the main Environmental Report and its associated Appendix C.

NatureScot

20 February 2023

Figure 6.2 Assessment Approach/ Methodology for selected SEA topics

There has not been enough detail provided within this section to demonstrate exactly how the SEA topics will be assessed against the SEA objectives. It would have been helpful to have included a table that consisted of each of the SEA topics and the relevant SEA objectives with a worked example of how these would be assessed and scored. We have, therefore, been unable to provide informed advice at this stage on your assessment methodology which could have helped with your Environmental Assessment. We refer you to the Scottish Government Strategic Environmental Assessment: Guidance which provides advice on the information we would expect to see for the different stages of the SEA process.

The Scottish Government’s SEA Guidance has been closely followed for the SEA methodology.

The SEA objectives have been cross-checked against the environmental assessment and narrative in the ASTs (see Environmental Report Appendix E – Assessment Matrices).

NatureScot

20 February 2023

Figure 6.2 Assessment Approach/ Methodology for selected SEA topics

We note that the assessment methodology for Biodiversity, Flora and Fauna states that a separate Habitats Regulations Appraisal (HRA) will be conducted to 'identify likely significant effects on European Designated sites and Ramsar wetlands' and this is echoed on page 95, Section D6, D6.1 Baseline (second paragraph).

We understand that the aim of HRA is to conclude no adverse effects on site integrity (no AESI) on European sites and is a separate process to SEA, however, to establish potential likely significant effects on European sites (and Ramsar sites) as part of the SEA process we advise that the HRA is conducted at the same time to help inform the SEA of the European sites. For example, reasonable alternatives identified in the HRA could be included within the SEA for the A96 Corridor Review.

An HRA Screening Report has been prepared and its conclusions are summarised in the Environmental Report.

NatureScot

20 February 2023

Appendix D: Environmental Baseline

D6.1; D9.1

With reference to your opening sentence regarding biodiversity as ‘a common measure of the variety of living organisms and ecosystems and is often used to assess ecosystem health’, we recommend including genetic diversity within this definition. This is particularly important when it comes to loss of habitat including trees for example, and the need for compensatory planting as a result of route improvements.

Additional text has been added to Environmental Report Appendix C (Environmental Baseline).

NatureScot

20 February 2023

General

It is unclear why the protected areas such as SSSIs and European Sites within this section have not been given the same level of attention within your scoping report as has been given to the individual Landscape Character Types (LCTs) and Local Landscape Areas (LLAs) within Section D9.1 for Landscape and Visual Amenity. To help inform your Environmental Assessment, we would advise that a similar approach is taken for gathering baseline information for protected areas.

Additional text on SSSIs has been added to the Biodiversity and Soils sections of the Environmental Report Appendix C (Environmental Baseline).

NatureScot

20 February 2023

Appendix D: Environmental Baseline

D7.1 Baseline

We note that only larger SSSIs that occupy an area greater than 50ha have been listed within the scoping report. The Dipple Brae SSSI, for example, which is less than 50ha, has not been listed within the scoping report despite the study area cutting through the middle of this protected area. We advise that any protected area, including SSSIs of any size that are within the study area and/or where there may be likely significant environmental effects, are included in the SEA.

Additional text on SSSIs has been added to the Environmental Report Appendix C (Environmental Baseline).

NatureScot

20 February 2023

Appendix D: Environmental Baseline

D9.1 Baseline

Along with landscape character, we recommend that a criterion of woodland character is added to general landscape descriptions within your baseline information for Landscape and Visual Amenity. This could take cognisance of, for example, woodland type (plantation, copse etc.) and species composition (non-native, riparian etc.). Since woodland is an important landscape characteristic and varies considerably along the Inverness-Aberdeen corridor, this will give a broader understanding of this aspect and aid the development of design principles and effective mitigation. We also advise that woodland character is reflected in your Table D9.1 for the inter-relationships with other SEA topics.

A section on woodland character has been added to the Environmental Report Appendix C (Environmental Baseline).

SEPA

20 February 2023

General

SEPA noted they are generally content with the scope and level of detail to be included in the Environmental Report (ER). Additional comments are set out below.

Positive response from SEPA noted.

SEPA

20 February 2023

Section 6.1.2

In relation to section 6.1.2 of the scoping report we highlight the need for the assessment to be carried out to all transport options that are reasonably being considered so that the environmental implications of each one is understood as preferred options are chosen (which does seem to be what was proposed at the meeting).

The assessment of the A96 Corridor Review Preliminary Options and Detailed Packages has been included in the Environmental Report Appendix E (Assessment Matrices).

SEPA

20 February 2023

General

When it comes to assessing impacts on and from flood risk then we take the opportunity to highlight that the publication of National Planning Framework 4 brings about the requirement to take into consideration climate change and we ask that you take that approach when assessment options and determining preferred approaches.

The assessment of the A96 Corridor Review Preliminary Options and Detailed Packages has been included in the Environmental Report Appendix E (Assessment Matrices). This includes consideration of climatic factors and flood risk.

SEPA

20 February 2023

General

When it comes to setting out the results of the assessment in the ER we recommend that you provide enough information to clearly justify the reasons for each of the assessments presented. It would also be helpful to set out assumptions that are made during the assessment and difficulties and limitations encountered.

Noted. The Environmental Report includes a narrative to explain the scoring of each transport intervention option that has been assessed.

SEPA

20 February 2023

General

Figure 5.1 is the only reference to the consultation period for the Environmental Report (ER) and it seems it may be a schematic rather than provide definitive information. Nonetheless we can confirm that a consultation period of six weeks or more would seem reasonable to us. For your information in this case we will not be providing a detailed assessment of the ER.

The consultation period for the Environmental Report will be at least six weeks from when it is issued to Scotland’s SEA Gateway, as per the period shown in Figure 5.1.

Aberdeenshire Council

20 February 2023

Archaeology (Section 4.9, Appendix D8)

There doesn’t appear to be any issues with the numbers noted against the designation types and undesignated assets under Cultural Heritage, nor the expected overall impacts on Cultural Heritage assets which essentially haven’t varied from the previous SEA.

As such I can confirm that Archaeology has no comment to make at this stage other than to confirm we’re happy with the Scoping Report as it stands.

Positive response from Aberdeenshire Council noted.

Aberdeenshire Council

20 February 2023

Built Heritage (Section 4.9, Appendix D8)

The potential impact of the development on nationally designated historic assets identified in the Scoping Report aligns with that in the Strategic Environmental Assessment and the Built Heritage Team consequently do not have additional observations on the document.

Positive response from Aberdeenshire Council noted.

Aberdeenshire Council

20 February 2023

Natural Heritage (Section 4.7, Appendix D6)

Section 4.7 does not mention Aberdeenshire Council’s identified Local Nature Conservation Sites. Further detail here: Aberdeenshire Council’s identified Local Nature Conservation Sites and available from Nesbrec.

Additional text has been added in the Environmental Report and Environmental Report Appendix C (Environmental Baseline).

Aberdeenshire Council

20 February 2023

Landscape (Section 4.10, Appendix D9)

No comments other than the authors have standardised the title of local landscape designations in the area from Inverness to Aberdeen as Local Landscape Areas. For Aberdeenshire these are ‘Special Landscape Areas’. It would be helpful for readers in the Aberdeenshire area if this was made clear.

This clarification has now been made in this section of Environmental Report Appendix C (Environmental Baseline).

Aberdeenshire Council

20 February 2023

Public Access (Section 4.4, Appendix D3)

Section 4 (and other potentially relevant places in the document subsequently) does not identify public access or public access assets such as core paths and Rights of Way.

Additional discussion of public access assets has been added to Appendix C of the Environmental Report.

Aberdeenshire Council

20 February 2023

Climate Change (Section 4.2, Appendix D1)

It mentions climate change mitigation and adaptation and links to Biodiversity which is positive. Any expansion should seriously consider and include more options for sustainable transport methods to encourage people out of their car and reduce the overall challenges with current levels of traffic.

Sustainable transport methods are being considered as part of the A96 Corridor Review and the SEA.

Scottish Forestry

21 February 2023

General

Our response is based on the requirements of the UK Forestry Standard (UKFS) and the Scottish Government’s Control of Woodland Removal Policy (COWRP). This Policy is relevant to all woodland removal for the purposes of conversion to another land use and is intended to minimise and mitigate the effects. Our comments are designed to ensure that the impact of the route on forest and forestry interests is fully understood to attain the stated objectives of minimising impact and providing full compensation for lost woodland and a net gain for biodiversity.

To achieve this, the full suite of woodland and derived sensitivities and benefits need to be recognised and quantified. As such Scottish Forestry would request that there is a standalone forestry assessment, and chapter included in the Environmental Impact Assessment Report (EIAR) in due course. It may be appropriate to consider some of the forestry and woodland related issues and public benefits under other subject themes however this may limit the full understanding and assessment of the likely significant impact. Where woodlands are considered and assessed under subject themes, they should be clearly referred to and summarised in the forestry assessment.

At this stage in the A96 Corridor Review, the transport intervention options are very high level and it is not possible to identify with any certainty direct impacts on specific parcels of woodland. However, a standalone forestry assessment will be considered for any transport intervention option taken forward as an outcome of the A96 Corridor Review.

Scottish Forestry

21 February 2023

Baseline

We would look to request that forestry interests should include all woodlands over 0.1 ha including any mixed habitats with dispersed trees, naturally regenerating and scrub areas as well as trees protected by Tree Preservation Orders and those considered veteran. The National Forest Inventory (NFI), the Ancient Woodland Inventory (AWI), the Native Woodland Survey of Scotland (NWSS) and Scottish Forestry’s grants (woodland creation) and Scottish Forestry’s grants (woodland creation) and felling permissions layers should be used to establish a suitable baseline for forestry interest. This is because areas where grants have been provided for afforestation may not yet be apparent on other datasets. These layers also include areas of afforestation or proposed afforestation due to be planted as an alternative area of restocking through the felling regulations. Felled areas should be considered woodland as they must legally be replanted.

These data layers are now all included on ProjectMapper (the interactive mapping tool being used for the SEA and wider Corridor Review).

The forestry layers on ProjectMapper have also been used to inform a new section on woodland character that has been added to the Environmental Report Appendix C (Environmental Baseline).

Scottish Forestry

21 February 2023

Woodland types

To enable the assessment of woodland derived benefit lost to the development, we would request that the proposed area of woodland loss is shown by woodland type (as different woodland types have differing levels of value and therefore public benefits). To present this data we would recommend using the following categories: woodlands with a strong presumption against development in the COWRP; veteran, potential veteran or protected trees; commercial conifer; non-native broad-leaved; mixed woodland; native woodland; assumed woodland (recently felled or due to be planted through grant schemes or compensatory planting).

These woodland types will be considered for any transport intervention option taken forward as an outcome of the A96 Corridor Review