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The decision on the route for the proposed Aberdeen Western Peripheral Route was based on the information noted in reports listed below:

Aberdeen Western Peripheral Route, Development of Preferred Route Initial Assessment Stage Report.

Aberdeen Western Peripheral Route, Development of Preferred Route Final Assessment Stage Report.

Aberdeen Western Peripheral Route, Project Development 2005-06 Consolidation Assessment Report.

These reports were made available from autumn 2006 on the Aberdeen Western Peripheral Route website at:

http://www.awpr.co.uk/document_archive.asp?command=OpenFolder&folder=&file=Documents+and+Reports.

The reports also identify procedures and criteria adopted to determine the route for the proposed Aberdeen Western Peripheral Route. Further information was provided in the form of evidence to the recent public local inquiry, in the precognitions of Mr A Graham, Mr J Wilson, Mr R Galbraith and Dr S Henderson. These, and all other precognitions lodged during the inquiry, are available from the inquiry website at:

http://www.awpr-pli.org/document_library.asp?command=OpenFolder&folder=Precognitions%5CFull+Precognitions%5C&file=Transport+Scotland.

I refer the member to the answer to question S3W-26013 on 13 August 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

I refer the member to the answer to question S3W-21263 on 9 March 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

Various consultations have taken place in relation to the Aberdeen Western Peripheral Route during which consultees and the public were invited to provide comment in respect of environmental, landscape and wildlife issues.

Throughout the scheme development process consultation took place with a wide range of statutory and non-statutory bodies, seeking comment on various issues, including inter-alia, environmental, landscape and wildlife.

During the public consultation held in spring 2005 the public were invited to make comment on any issues, including inter-alia, environmental, landscape and wildlife.

The publication of draft orders in December 2006 and September 2007 marked the start of formal statutory consultation periods in respect of the proposed Aberdeen Western Peripheral Route. An Environmental Statement was published at the same time as the draft orders. The public had the opportunity to comment on the published scheme and also on the information contained in the Environmental Statement.

In terms of the public local inquiry, there was extensive consideration of the environmental, landscape and wildlife issues relating to the proposed Aberdeen Western Peripheral Route.

Transport Scotland has responded in detail to the issues Road Sense has raised in their complaint. We believe that Road Sense''s allegation of breach of the requirements of the preamble and various articles of the Aarhus Convention is unfounded.

Information relating to the potential impact of the proposed Aberdeen Western Peripheral Route on wildlife habitats, designated areas and protected species was made available in a number of reports, including those listed below.

Aberdeen Western Peripheral Route, Environmental Statement 2007:

http://awpr.co.uk/document_archive.asp?command=OpenFolder&folder=Environmental+Statement%5C&file=September+2007.

Aberdeen Western Peripheral Route, Report to Inform Appropriate Assessment for the River Dee SAC:

http://www.awpr-pli.org/document_library.asp?command=OpenFolder&folder=Documents%5CTransport+Scotland+Documents%5C&file=TS081.

Aberdeen Western Peripheral Route, Environmental Statement 2007 Additional Survey Report: Breeding Birds:

http://www.awpr-pli.org/downloads/Documents/Transport%20Scotland%20Documents/TS074.pdf.

Aberdeen Western Peripheral Route, Environmental Statement 2007 Additional Survey Report: Bats:

http://www.awpr-pli.org/downloads/Documents/Transport%20Scotland%20Documents/TS075.pdf.

Aberdeen Western Peripheral Route, Correspondence between Promoters and Consultees in relation to the Environmental Statement:

http://www.awpr-pli.org/downloads/Documents/Transport%20Scotland%20Documents/TS072.PDF.

The public local inquiry considered evidence in relation to the environmental aspects of the proposed scheme, including evidence in relation to matters included in the Environmental Statement produced in accordance with the Environmental Impact Assessment (Scotland) Regulations 1999, as amended. The Scottish ministers are currently considering the public local inquiry reporters findings and recommendations prior to deciding whether or not to proceed with the scheme.

Compliance with the requirements of the Design Manual for Roads and Bridges (DMRB) is the norm for road and bridge projects. The DMRB contains both guidance and standards, together with a procedure for considering where departures from standards may be appropriate.

The Habitats Directive was implemented in the UK by the Conservation (Natural Habitats etc) Regulations 1994 as amended. Regulation 48(1) and (2) make it clear that the point at which the competent authority requires to make an appropriate assessment, if necessary, is before deciding to undertake or give any consent, permission or other authorisation for a project. It is clear from Regulation 48(2) that it is as part of the statutory consent process that this procedure must be followed through.

In terms of Article (6)(3) of the Habitats Directive, the principal issue to be considered in the appropriate assessment is whether or not the project in question will adversely affect the integrity of the site. Only if a negative conclusion is reached in relation to that test, or there is uncertainty as to whether or not there would be an adverse effect on the integrity of the site, is it necessary to proceed to the considerations in Article 6(4). It is in that context that guidance from the European Commission suggests that it is necessary to consider whether the option put forward for approval is the least damaging for habitats, species and the integrity of the site and that no other feasible alternative exists that would not affect the integrity of the site.

Transport Scotland''s consultants have prepared a report to inform an appropriate assessment (RIAA) of the impacts of the proposed Aberdeen Western Peripheral Route on the River Dee Special Area of Conservation (SAC). The approach taken to completion of the RIAA was set out in consultation with Scottish Natural Heritage. A copy of the RIAA is available from the inquiry website at:

http://www.awpr-pli.org/document_library.asp?command=OpenFolder&folder=Documents%5CTransport+Scotland+Documents%5C&file=TS081.

I refer the member to the answer given to question S3W-13576 on 9 June 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

The report of the public local inquiry into the proposed Aberdeen Western Peripheral Route was received by Scottish ministers on 30 June 2009.

The matter is currently under active consideration and a decision will be announced as soon as possible. It would not be appropriate at this stage to make any further comment which could be prejudicial to the eventual outcome.