To ask the Scottish Executive whether the chosen route for the proposed Aberdeen Western Peripheral Route complies with the provisions and requirements of the European Habitats Directive.
To date, the Scottish ministers have complied with the provisions and requirements of the European Habitats Directive.
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.
The Scottish ministers have not yet taken a decision to proceed with the proposed Aberdeen Western Peripheral Route. Such a decision will only be taken following consideration of the reporters'' report, based upon the evidence heard during the public local inquiry.
As a decision has not yet been taken whether to proceed, the competent authority has not yet carried out the appropriate assessment in respect of the proposed Aberdeen Western Peripheral Route. However, the advice of Scottish Natural Heritage, who are the statutory nature conservation advisor to the Scottish Government, indicated that, on the basis of the information provided and appraisal carried out to date, that if the proposals are undertaken strictly in accordance with specified conditions, the proposed Aberdeen Western Peripheral Route will not adversely affect the integrity of the River Dee SAC (Special Area of Conservation). The advice provided by Scottish Natural Heritage was lodged as a document during the public local inquiry, a copy of which is available at:
http://www.awpr-pli.org/downloads/Documents/Transport%20Scotland%20Documents/TS189.PDF.
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 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.