Scottish Government

A96(T)
FOCHABERS AND MOSSTODLOCH BYPASS
REPORT OF INQUIRY INTO OBJECTIONS
(5 DRAFT ORDERS)

VOLUME 1 - MAIN TEXT

REPORTER: Philip G Hutchinson BA(Hons) M Phil FRTPI
INQUIRY DATES: 9 September - 28 October 2003
FILE REFs: OTG/41718/1. 3. 3v, 12 & 18

Covering Letter

VOLUME 1 (also in pdf format (604k))
Preamble
1. Introduction
1. The Site and Surroundings
2. The subject Matter of the Inquiry
3. Summary of Policy Background
2. Summary of the Evidence
1. Policy Issues/Route Selection
2. Scheme Development
3. Design, Performance & Safety
4. Cultural Heritage Impacts
5. Natural Heritage Impacts
6. Recreation, Footpaths, etc
7. Amenity (Noise, Air Quality etc)
8. Effects on Agriculture
9. The Objectors' Alternative
10. Public Opinion
3. Findings of Fact
4. Reasoning
5. Recommendations

VOLUME 2 - APPENDICES (also in pdf format (828k))
1. Appearances
2. Inquiry Documents
3. Transcripts of Closing submissions*
4. Note of 2nd Pre-Inquiry Meeting (26.5.03)
*With editorial intervention purely for presentational purposes.

Expenses Claim - (also in pdf format (136k))

THE SCOTTISH MINISTERS' DECISION.

Dear

THE ROADS (SCOTLAND) ACT 1984
THE ACQUISITION OF LAND (AUTHORISATION PROCEDURE) (SCOTLAND) ACT 1947
A96 FOCHABERS AND MOSSTODLOCH BYPASS

THE SCOTTISH MINISTERS' DECISION

1. This letter contains the Scottish Ministers' decision on the draft Orders listed below in connection with the A96 Fochabers and Mosstodloch Bypass. The Scottish Ministers have decided to make the Orders, subject to certain modifications.

Background

2. The Scottish Ministers published the undernoted draft Orders in October 2001:

• The A96 Trunk Road (Fochabers and Mosstodloch Bypass) Order 200-
• The A96 Trunk Road (Fochabers and Mosstodloch Bypass) (Side Roads) Order 200-
• The A96 Trunk Road (Fochabers and Mosstodloch Bypass) (Re-determination of Means of Exercise of Public Right of Passage) Order 200-
• The A96 Trunk Road (Fochabers and Mosstodloch Bypass) Compulsory Purchase Order 200-

3. The Scottish Ministers further published the undernoted draft Order in October 2002:

• The A96 Trunk Road (Fochabers and Mosstodloch Bypass) (Side Roads) Variation Order 200-

4. An Environmental Statement, an addendum and an associated Non Technical Summary were also published with the draft orders.

5. Objections to the draft Orders were lodged and not withdrawn. The objections were subsequently considered at a public local inquiry (PLI), held between 9 September and 28 October 2003, by Mr Philip G Hutchinson BA (Hons) M Phil FRTPI. A copy of the report of the inquiry is enclosed for those who represented the objectors at the PLI. The report is also available on the Scottish Executive website www.scotland.gov.uk . Additionally, further paper copies are available by telephoning 0131 244 0838.

Evidence at the Inquiry

6. A general description of the road proposals is at Chapter 1.1 of the report, the subject matter of the inquiry is at Chapter 1.2 and a summary of the policy background is at Chapter 1.3. The evidence led by the parties to the inquiry is reported in Chapter 2. Those who attended the inquiry are listed in Appendix 1 to the report.

Consideration by the Reporter

7. The Reporter's findings of fact are at Chapter 3 of the report. His reasoning is set out at Chapter 4 and his recommendations are presented at Chapter 5.

The Scottish Ministers' Decision

8. The Scottish Ministers have carefully considered all of the evidence presented to the inquiry, including written submissions, the Reporter's findings of fact and his conclusions and recommendations. They accept the Reporter's findings of fact and agree with his reasoning and conclusions, so far as relevant to this determination, and adopt them for the purposes of their own decision. They also accept the Reporter's recommendations in the following manner:

(i) that the various draft orders be made as detailed in the Annex of this letter, and that the proposals for the road improvement put forward by the Scottish Ministers at the inquiry be taken forward to construction with the amendments detailed in this letter;

(ii) that the area of woodland planting referred to at the inquiry as community woodland, (paragraph 3.118 of the report) to have been planted on the southern section of plot 46 of the draft compulsory purchase order, be excluded from the road improvement proposals;

(iii) that the proposed road embankments between the proposed new access bridge to Gordon Castle Farm and the proposed Fochabers East Underpass be built with a false crest on either side (as shown in Figure 10.22 of the Environmental Statement indicated at paragraph 4 of this letter) and at a gradient on either side to permit the return of the land forming the embankments to agriculture, excluding that land under the proposed carriageway, verges and false crests;

(iv) that the land forming the embankments to be returned to agriculture described at (iii) above be offered back to the existing owners once construction of the road improvement is completed;

(v) that the woodland planting proposed as ecological mitigation to the north of Duncan Avenue and through to the proposed Fochabers East Underpass shown on Figure 10.16 of the Environmental Statement be excluded from the road improvement proposals except for that part of the proposed woodland planting immediately adjoining Duncan Avenue;

(vi) that the mitigation strategy for the bypass between the realigned farm road and the main estate drive be re-examined and drawn up in consultation with residents of Castle Street and Duncan Avenue, the proprietors of other affected property, and the relevant statutory bodies. This mitigation strategy should ensure the optimum balance between noise reduction, prevention of pedestrian access to the bypass and integration with the designed landscape.

(vii) that the provision of a new access to Gordon Castle Farm from the existing small roundabout by Christie's garden centre at the existing junction of the A96 trunk road and the A98 road, or an alternative route off the A98 road, be examined in more detail, including horizontal alignment, vertical alignment, affect on the water supply to the lake, environmental impacts and impacts on the Designed Landscape and the estate boundary wall.

9. The Reporter's recommendation for tractor lay-bys (paragraph 5.7 of the report) and his suggestion that the new bridge on the estate drive be widened (paragraph 5.7 of the report) are not accepted.

10. The foregoing decision by the Scottish Ministers is final but any person wishing to question the validity of the decision may apply to the Court of Session within 6 weeks of the date on which the notice of the making of the Orders is first published.

11. This letter has been sent to all objectors to the road proposals.

Yours faithfully

FRANCES DUFFY
Head of Division

ANNEX

A96 (T) FOCHABERS AND MOSSTODLOCH BYPASS
THE SCOTTISH MINISTERS' DECISION

The Scottish Ministers have decided as follows:

1. That the A96 Trunk Roads (Fochabers and Mosstodloch Bypass) Order 200- be made.

2. That the A96 Trunk Road Fochabers and Mosstodloch Bypass) (Side Roads) Order 200- be made.

3. That the A96 Trunk Road (Fochabers and Mosstodloch Bypass) (Re-determination of Means of Exercise of Public Right of Passage) Order 200- be made.

4. That the A96 Trunk Road (Fochabers and Mosstodloch Bypass) Compulsory Purchase Order be made with the following changes:

5. That the A96 Trunk Road (Fochabers and Mosstodloch Bypass) (Side Roads) (Variation) Order 200- be made subject to the deletion of the new access to the walled garden from the private road to Gordon Castle Farm (item 6 on plan SR[V] of PLI productions) in accordance with the agreement recorded in document reference GAD.4.

Roads Policy & Group Finance Division
March 2005