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Planning

Fochabers, Moray – Planning Determination under Roads Act (A96 New Bridge Refurbishment)

IV32 7ETPublished 25/07/25
The Herald Scotland • 

What is planned?

Scottish Government

Riaghaltas na h-Alba

gov.scot

NOTICE OF DETERMINATION

A96 FOCHABERS NEW BRIDGE, MORAY

ENVIRONMENTAL IMPACT ASSESSMENT

DETERMINATION UNDER SECTION 55A OF THE ROADS (SCOTLAND) ACT 1984

The Scottish Ministers give notice that they have determined that the project to undertake refurbishment works on the A96 Fochabers New Bridge, Moray is a relevant project within the meaning of section 55A of the Roads (Scotland) Act 1984 (“the 1984 Act”) as the works fall within Annex II of Directive 2011/92/EU on the assessment of certain public and private projects on the environment, but that having regard to –

(a) the selection criteria contained in Annex III of that Directive, namely

(i) the use of natural resources, in particular land, soil, water and biodiversity;

(ii) the production of waste;

(iii) pollution and nuisances;

(iv) the risks to human health (for example due to water contamination or air pollution);

(v) areas classified or protected under national legislation; Natura 2000 areas designated by Member States pursuant to Directives 92/43/EEC and Directive 2009/147/E;

(vi) landscapes and sites of historical, cultural or archaeological significance.

(b) the results of the Environmental Screening Assessment under section 55A(2) of the 1984 Act and the Assessment under regulation 48 of the Conservation (Natural Habitats, &c.) Regulations 1994 (“the 1994 Regulations”) concluded that there would be no Likely Significant Effects on the River Spey Special Area of Conservation, the River Spey-Spey Bay Special Area of Conservation, and the Moray and Nairn Coast Special Protection Area and RAMSAR.

(c) the information set out in the Record of Determination dated 11 March 2025, available at https://www.transport.gov.scot/transport-network/roads/road-orders-and-records-of-determination/#63527,

the project does not require an Environmental Impact Assessment.

The main reasons for the conclusion that no Environmental Impact Assessment is required are:

(i) The Assessment under the 1994 Regulations concluded that there would be no Likely Significant Effects on the River Spey Special Area of Conservation, the River Spey-Spey Bay Special Area of Conservation, and the Moray and Nairn Coast Special Protection Area and RAMSAR;

(ii) There will be no impacts on the Category A Listed Old Spey Bridge, and the Category B Listed Spey Bridge, Old Toll House; and

(iii) Any potential impacts of the works are expected to be temporary, short-term, non-significant, and limited to the construction phase.

The project includes works which are envisaged to avoid or prevent significant adverse effects on the environment:

(i) Mitigation measures and best practice will be implemented to ensure no short-term or long-term significant negative impacts on the environment;

(ii) Containment measures of the working area will be in place to prevent debris or spillage from entering the watercourse or surrounding environment; and

(iii) Measures will be in place to ensure appropriate removal and disposal of waste.

TASGAIREACHD

WATER

SCOTLAND

TRANSPORT SCOTLAND

Transport Scotland

Buchanan House

58 Port Dundas Road

Glasgow G4 0HF

Transport Scotland

Roads, 172 Buchanan Street, 5th Floor

Glasgow G2 7ER

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