Child Rights and Wellbeing Impact Assessment

UN Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 Compatibility Consideration and Narration of Statement of Compatibility

The Scottish Ministers have made the following statement regarding children’s rights.

“In accordance with section 23(2) of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (the Act), the Scottish Ministers certify that, in their view, The A9 Trunk Road (Killiecrankie to Glen Garry) (Trunking) Order 2024, The A9 Trunk Road (Killiecrankie to Glen Garry) (Side Roads) Order 2024, is compatible with the UNCRC requirements as defined by section 1(2) of the Act.”

Child Rights and Wellbeing Impact Assessment (CRWIA) for The A9 Trunk Road (Killiecrankie to Glen Garry) (Trunking) Order 2024, The A9 Trunk Road (Killiecrankie to Glen Garry)(Side Roads) Order 2024

Please note, the CRWIA should be started as soon as possible in the development process for the proposal. For further advice and support, please read the CRWIA and SoC guidance, attend CRWIA training and contact the CRWIA team CRWIA@gov.scot. 

Disclaimer

This document is an assessment of the likely effects of The A9 Trunk Road (Killiecrankie to Glen Garry) (Trunking) Order 2024, The A9 Trunk Road (Killiecrankie to Glen Garry) (Side Roads) Order 2024 on the rights and wellbeing of children. The Scottish Government will continue to review and update this document where required during the development and construction of the Scheme. Any future iterations will reflect an increased understanding of these impacts as the amount of evidence available continues to grow. 

This impact assessment should be read in conjunction with the Environmental Statement produced for the A9 Dualling Programme: Killiecrankie to Glen Garry Scheme.

Introduction

  1. Brief Summary (Guidance Section 3.2, pages 16 and 17).

Type of proposal

(Please choose from either Bill☐, SSI☒ or Decision of a strategic nature relating to the rights and wellbeing of children☐)

Applicable answer: SSI

Key words and terms

The following words and terms relating to the A9 Dualling Programme: Killiecrankie to Glen Garry are used in evidence we have gathered.

  • At-grade crossing – this is a term to describe a road crossing at the same level as traffic as opposed to a footbridge or underpass. For example, zebra crossings, pelican crossings and traffic islands, are all forms of at-grade crossings.
  • Community severance – a term to describe when people struggle to walk or cycle to facilities within their communities because of traffic.
  • Dualling – upgrading of a single carriageway road into a dual carriageway.
  • Environmental Statement – the report of the Environmental Impact Assessment (EIA) which described how the Scheme is predicted to affect environmental conditions.
  • Grade separated junctions – this is a term used to describe a road junction where a tunnel or a bridge is used to separate traffic flows.
  • Non-motorised user (NMU) – this is a collective term used to describe pedestrians, cyclists and equestrians (e.g. horse riders).
  • STEM – an acronym used for the subjects of science, technology, engineering and mathematics.
  • Type 1 surface material – an engineering term to describe high quality crushed aggregate. This could be made from crushed rock, gravel or recycled concrete and is often used as a base layer for roads and paths.

Name the proposal, and describe its overall aims and intended purpose.

The A9 Trunk Road (Killiecrankie to Glen Garry) (Trunking) Order 2024, The A9 Trunk Road (Killiecrankie to Glen Garry) (Side Roads) Order 2024 (the “Scheme”) forms part of the overall programme to dual the A9 between Perth and Inverness.

The dualling of the A9 emerged as a priority intervention as part of the Strategic Transport Projects Review (STPR) undertaken in 2008/9 and subsequently the Scottish Government’s Infrastructure Investment Plan (IIP) in 2011 and 2015 confirmed the commitment to upgrading the A9 to dual carriageway standard between Perth and Inverness by 2035.

The Scheme involves dualling (changing the road from a single carriageway to a dual carriageway) of approximately 21.6km of the existing A9. This will be achieved through a combination of widening and upgrades to the existing carriageway and some small areas of works away from the existing carriageway. The Scheme incorporates upgrades to road drainage; provision of two new bridges over the River Garry in addition to other watercourse crossings; improvements to the footway and cycleway network; and revisions to local access. It also includes the provision of two grade separated junctions at Aldclune and Bruar/Calvine respectively. It is anticipated that construction will take approximately 3 to 3.5 years.

The objectives for the A9 dualling programme (of which this scheme forms a part) are:

  1. To improve the performance of the A9 by:
    • Reducing journey times, and
    • Improving journey time reliability.
  1. To improve safety by:
    • Reducing accident severity, and
    • Reducing driver stress.
  1. Facilitate active travel (travel by walking and cycling) in the corridor.
  2. To improve integration with public transport facilities.

A wide range of engagement activities have been undertaken throughout the development of the Scheme to inform the design of the Scheme so it meets the needs of all users and provides wider socio-economic benefits through improved accessibility for all.

Start date of proposal’s development: March 2016 Option Selected

Start date of CRWIA process: 02 July 2024

  1. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024 (Annex 1), which aspects of the proposal are relevant to children’s rights? (Guidance Section 3.2, pages 17-19).

Below lists the UNCRC articles which are judged relevant to the scope and context of the Scheme, with a summary of the aspects of the Scheme to which these articles apply.

  • Article 2 (non-discrimination) - General principle that should be applied throughout all aspects of the Scheme.
  • Article 3 (best interests of the child) - Consideration given when planning consultation and making decisions on design proposals.
  • Article 6 (life, survival and development) - Road safety considerations in design and operation proposals.
  • Article 12 (respect for the views of the child) - Consideration given when planning consultation and recording and acting on responses to consultation.
  • Article 13 (freedom of expression) - Consideration given when providing information on the Scheme proposals and encouraging participation of children.
  • Article 15 (freedom of association) - Consideration given as to whether the construction and operation of the road has potential to disrupt children’s ability to meet other children or access groups and organisations.
  • Article 31 (leisure, play and culture) - Consideration given as to whether the construction and operation of the road has potential to disrupt children’s ability to access places of play and recreation.

From the evidence listed below in question 3, and explained further in question 5, various locations which may potentially be impacted by the Scheme have been identified.

  1. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal.

Population characteristics and needs were considered firstly at the strategic level by use of Scottish Transport Appraisal Guidance (STAG) and Strategic Environmental Assessment (SEA) to carry out and assess the Strategic Transport Projects Review (STPR) within which the proposed Scheme is included as a ‘Targeted Infrastructure Improvement’.

The STPR SEA considered the impact of the proposed interventions on population trends. The targeted infrastructure improvements, of which the proposed Scheme formed a component, were noted as potentially needing population impact mitigation at project development stage:

“There are two mitigation measures detailed below, which if implemented, are envisaged to avoid or reduce adverse effects on the population topic. There are no conceived difficulties in implementing the mitigation measures:

  • Fully consider community linkages and accessibility at all subsequent stages of decision making; and
  • Consultation with local communities over proposed transport interventions”

Subsequently at the local level, population characteristics and needs have been considered through scheme development, consultation, a programme wide A9 Dualling Strategic Environmental Assessment and scheme specific Environmental Impact Assessment (EIA).

The A9 Dualling programme Strategic Environmental Assessment considered the impacts on population and human health and concluded that the A9 Dualling will present no significant adverse impacts.

The Environmental Statement (Transport Scotland, 2017) for the Scheme was the main source of evidence used to inform this CRWIA. This includes Chapter 7 (Consultation and Scoping) as well as the findings of the assessments undertaken and detailed in Chapter 8 (People and Community – Community and Private Assets) and Chapter 9 (People and Communities – All Travellers along with their associated figures). The Engineering, Traffic and Economic Assessment (Transport Scotland, 2017) has also informed this CRWIA. Further details of the documents and websites with relevant information about the Scheme and evidence for this CRWIA are provided below:

Decisions taken on the Scheme have been informed by consultation with communities and stakeholders. Since May 2015 a number of Stakeholder Forums have been set up to bring together groups of similar interest and to facilitate a two-way flow of information. A non-motorised user (NMU) Forum was set up to directly engage and seek views of NMU stakeholders on specific matters relating to the development of the design of each of the A9 dualling projects. The NMU Forum met at a workshop in May 2016 and views on specific matters relating to the development of the design of the Scheme were sought. Members of the NMU Forum were also sent an update of the design of the Scheme in November 2016 and asked to comment and attend a drop-in event.

An Accessibility Forum was set up to establish a collaborative and inclusive approach in the design, construction, operation and maintenance of the A9 dualling projects, aiming to create environments that can be used by everyone regardless of age or disability in accordance with the Equality Act 2010. The Accessibility Forum met in March 2017 where the route options were reviewed to gauge stakeholders’ opinions and to ensure accessibility is fully considered in the design.

Public exhibitions, meetings and consultation events were held in 2015, 2016, 2017 and 2018 in Killiecrankie Village Hall and Blair Atholl Village Hall to allow the public to view and provide comment on designs (including route and junction options) for the Killiecrankie to Pitagowan and Pitagowan to Glen Garry projects, respectively. Prior to the public consultation events taking place, an accessibility assessment was undertaken in advance to ensure that all of the public exhibition spaces used were accessible. Exhibition visitors had the opportunity to fill in a comments sheet, and this feedback was provided to the project team. Comments relating to the Scheme were identified around NMU provision as well as environmental impacts. Whilst these did not specifically aim to gather information relating to the impacts on children or the concerns of children, these were included in the feedback collected where possible.

Feedback from the consultation events included general questions about the scheme design and road design and specific queries and issues regarding land take and Compulsory Purchase Orders. In particular, a number of the Killiecrankie attendees were concerned about the potential noise and visual impact assessed in the Environmental Statement. There were also questions asked about the impact on the Killiecrankie Battlefield.

Engagement with schools including Blair Atholl School has been undertaken as part of the wider A9 Dualling programme. This has involved activities that aimed to improve the children’s motor skills, creative thinking skills, communication and collaboration skills and to help build resilience. The engagement has enabled the A9 Dualling Programme to be used to provide a meaningful context for STEM (science, technology, engineering and mathematics) skills that children can understand. People working on the A9 Dualling programme go into schools to work with children. They showcase possible career paths relating to STEM subjects, whilst also providing information on the wider benefits that STEM subjects can have to meet the needs of society, for example on transport projects like the A9 Dualling Programme.

  1. Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed (Guidance Section 3.2, page 22).

No gaps in evidence. Consultation on the scheme has been carried out in an open and inclusive manner. Although they were able to attend the public consultation and exhibitions, there is no reported feedback from children and young people directly. The Scheme consultations followed the necessary policies and guidance available at the time.

The Scheme includes proposals of benefit to children. For example, the Scheme includes facilities for pedestrians and cyclists (referred to in the Scheme’s Environmental Statement as ‘Non-motorised users’ or ‘NMUs’). These facilities are in the best interests of children since they depend on walking and cycling when travelling independently, and therefore the availability and safety of such routes is important for children.

The Academy9 (A9 dualling education project associated with the dualling programme) social values programme will continue during construction and involve school engagement work to undertake and record engagement with children.

  1. Analysis of Evidence

The People and Communities Assessment undertaken as part of the Environmental Statement (Transport Scotland, 2017) identified several community facilities (including those used by children) located in close proximity to the Scheme, which are listed below.

  • Struan Primary School (currently closed)
  • Blair Atholl Primary School
  • Pitlochry High School (which is located approximately 4km south of the Scheme extents but children surrounding the scheme will attend)
  • Atholl Medical Centre
  • Killiecrankie Village Hall and Blair Atholl Village Hall
  • Struan Church
  • Blair Atholl Post Office
  • Blair Atholl Train Station

No land-take is required from community land or community facilities as a result of the Scheme.

The Scheme will reduce traffic volumes, including Heavy Goods Vehicle (HGV) traffic, on the local road network and through settlements. The traffic modelling undertaken for the Scheme which informed the Environmental Statement predicted that the amount of HGV traffic in Killiecrankie would be reduced by 40% due to changes in access arrangements for Shierglas Quarry. When the Environmental Statement was prepared, the methods and criteria used to assess the impact of traffic on the ability of people to cross roads were set out in a guidance document called the DMRB Volume 11, Section 3, Part 8, Pedestrians, Cyclists, Equestrians and Community Effects (Highways Agency et al., 1993). Based on the criteria set out in that guidance document, the existing traffic volumes in Killiecrankie and Aldclune are not at a level sufficient to cause community severance. Therefore, the predicted reduction in HGV traffic is not considered to be a significant change to levels of community severance based on that guidance. However, it is noted that the local communities had highlighted existing HGV traffic on the side roads to access Shierglas Quarry as a local concern. Therefore, the predicted reduction has the potential to alleviate Killiecrankie community concerns over existing high levels of Shierglas Quarry related HGV traffic in the village.

The assessment concluded that there would be no significant impact on community land, community facilities or community severance as a result of the Scheme during construction or operation.

Details of the potential impacts on access to the community facilities as well as to routes used by non-motorised users (NMU) (i.e. pedestrians, cyclists and equestrians) likely used by children are detailed below.

Potential Impacts During Operation

The People and Communities - All Travellers Assessment in the Environmental Statement (Transport Scotland, 2017) identified the following impacts on NMU. The information has been analysed to understand if these impacts would have any adverse or beneficial effects on children.

Two of the core footpaths (Path 129 and Path 130) which provide access to community facilities in Calvine are anticipated to increase in journey length by 36m and 53m respectively. Calvine Holiday Park is located approximately 250m south of Path 129 and 350m south of Path 130. Path 129 would be realigned along an improved access route through a new underpass across the A9 which would provide a safer crossing point. Path 130 would follow the same realignment as Path 129. The realigned paths would result in an increase of journey length on similar type of path as currently in place, but this increase is not likely to deter children from walking or cycling to the countryside nearby and is not considered significant The improved provision (rerouted via upgraded access tracks at Calvine Underpass with an improved compacted type 1 material surface proposed) with a safer crossing point, may encourage greater use and therefore would be beneficial to children’s health and wellbeing and contributing positively to article 3 (the best interests of the child), and article 31 (children’s right to leisure, play and culture).

The Scheme maintains existing NMU access while providing safer crossing points on the A9 by replacing at-grade crossings with underpasses. With the Scheme in place, significant beneficial impacts for NMU including children have been identified, mainly as a result of the provision of a new crossing of the River Garry as part of the River Garry Underbridge and new traffic-free segregated NMU routes and safer crossings between Blair Atholl and Bruar. The Scheme will also provide new provision for equestrians, this includes path widening, installation of appropriate signage and dismounting facilities on the approaches to the new underpasses. These improvements would likely encourage greater levels of walking and cycling for people, including children again, positively impacting articles 3 and 31. 

Once the Scheme has been completed, the main aspect relevant to children and young people both directly and indirectly is the positive impact of the improved walking and cycling infrastructure and dualling of the road to improve journey times and safety which is intended to positively impact article 6 (right to life, survival and development).

It is therefore considered that these improvements to safety and NMU provision as part of the Scheme supports 3 (the best interests of the child) as they are likely to use non-motorised means of travelling with the majority not being able to drive, Article 6 (life, survival and development) and Article 31 (leisure, play and culture).

Potential Impact During Construction

The People and Communities - All Travellers Assessment in the Environmental Statement (Transport Scotland, 2017) identified impacts on NMU during construction of the Scheme. The information has been analysed to understand how the potential impacts may affect children. The assessment identified that there would be significant impacts on NMU using 13 A9 crossing points (15 paths) due to potential diversion lengths and/or impacts on the pleasantness of the route. These impacts would be temporary during construction. A review of all 15 paths found that the majority were located away from any community facilities likely to be used by children and residential properties therefore no impacts on children were identified for these paths. It was identified that there is the potential for temporary adverse impacts on children as a result of the reduction in pleasantness and/ or diversion length of the following footpaths during construction. This has been further analysed in question 9.

  • Path 112 provides access from Blair Atholl to the Tulach Hill Viewpoint via a small pedestrian footbridge over the River Garry. This footpath has the potential to be used by children. It is located within 100m of the Memorial Park which children may use regularly as an area of recreation (which includes a football pitch and tennis courts but no playground). There is a primary school in Blair Atholl attended by local children. There is already traffic noise evident on the approach to the A9 along this path. During construction there would be temporary disruption of the crossing point. Users would still be able to cross the A9 at other crossing points but would have to take a longer journey. There is another unofficial crossing approximately 400m to the east of Footpath 112 at Glackmore, therefore an increase in journey length to Tulach Hill by 800m if this remains open for use. The closest official Public Right of Way is over 4km west. There is the potential for adverse impacts on children if they regularly use this crossing to Tulach Hill Viewpoint, however this would be temporary. The length of this temporary closure is unknown until a contractor is appointed and a programme of works plannedIn the long-term children would have a much safer crossing (an underpass) once the Scheme is in operation. The road closure would be completed as quickly and safely as possible with alternative routes being planned and made available which cause the least impact possible. Keeping these mitigations in mind, the overall intended benefits once construction is complete when weighed against the temporary closure, it is deemed a necessary and proportionate response. The options for mitigation will be explored in question 9.
  • Path 133 connects to the National Cycle Route 7. It has the potential to be used by children staying in the Calvine Holiday Park and therefore noise and dust from construction vehicles and equipment may have adverse impacts on children during construction. Again this will be further explored in question 9.
  • Path 108 provides a connection between Killiecrankie village and the Killiecrankie Battlefield Memorial Field. There is the potential that some children (a very low number due to the handful of residential properties at this location) may use this footpath to walk or cycle in to Killiecrankie to use the community facilities. It is not anticipated that children would be significantly impacted by the construction works on this path.
  • There is the potential that children would be affected by the construction works (due to the noise and dust created) along National Cycle Route 7 during construction, however these would be temporary and not considered significant. The temporary construction works are required to provide long term beneficial impacts to the use of the National Cycle Route for use by children and adults which has the potential to improve health and wellbeing in the long term.

The Contractor will be required to consult with relevant stakeholders (including consideration of children’s rights) in advance of any temporary closures or diversions of paths.

The People and Communities – All Travellers Assessment in the Environmental Statement identified impacts on open space during construction including for non-motorised users accessing outdoor areas (Tulach Hill, the woodlands south of Glackmore, and Dalnamein Forest). The People and Communities – All Travellers Assessment in the Environmental Statement also identified impacts on public footpaths which provide access to these outdoor spaces.

The temporary impacts likely to access to open space during the construction of the Scheme included temporary disruption of the crossing points of the A9 including the following:

  • Tulach Hill Viewpoint (a location within a Special Area of Conservation) from Blair Atholl for users of at-grade crossing point CP09 (Path 112) due to temporary disruption of the crossing point;
  • Woodlands south of Glackmore from Blair Atholl for users of at-grade crossing point CP09 (Path 112) due to temporary disruption of the crossing point; and
  • Dalnamein Forest for users of crossing points CP17 (Path 135) and CP18 (Path 137) due to temporary disruption of the crossing points.

It is not anticipated that children would regularly use these footpaths. The community facilities within Blair Atholl are located north of the A9 (do not require crossing to access) including Blair Atholl primary school, Memorial Park, Blair Atholl and Struan Parish Church and a public park and garden. Any use of the open spaces of Tulach Hill Viewpoint (south of the A9) and woodlands south of Glackmore would likely be infrequent and therefore the temporary impacts are not likely to have a significant impact on their use by children.

It is not anticipated that there would be any impacts to children as a result of the temporary disruption at Dalnamein Forest for users of crossing points CP17 (Path 135) and CP18 (Path 137) due to the rural location away from any facilities used by children or residential properties where children may live.

The location of these outdoor areas and access to these areas was explored to understand if it was likely that children would be regular users to these recreational areas. It was considered that the areas are primarily walking routes likely used by adults who enjoy hiking. There is the potential that families with children would use these routes but that the temporary impacts during construction would not significantly impact children.

Impacts on journey times during construction

It has been confirmed that construction vehicles would primarily use the A9 or haul roads rather than local roads, to reduce the potential impacts on local residents (including children) within the villages surrounding the scheme. During construction it is assumed that lane widths along the A9 will be reduced to a minimum of 3.75m and vehicle speed will be reduced to 40mph (64km/h). This would increase the journey time very slightly by a few minutes for those travelling along the route and therefore is not considered to have any significant impacts. Construction phasing and temporary traffic management proposals have been prepared on the basis of keeping one lane in each direction available on the A9 at all times except for very specific short term restrictions. Where considered appropriate, the Contractor will be required to provide a vehicle recovery service to promptly remove any broken down vehicles within the temporary traffic management areas. Where a lane closure is required, to construct a site access or temporary side road access for example, the works shall be carried out at night time where practicable using traffic signals (outside of times when children would likely be going to school or to any community facilities).

The school bus (service 87) taking children from Struan to Blair Atholl Primary School (and on to Pitlochry High School) does not use the A9 and therefore would not be impacted by any disruption during construction.

There is the potential for disruption and delays along local roads if the bridge carrying the new A9 over the B847 is lifted in during the school term however it is very likely that this would be undertaken during the night time and therefore there would be minor impacts as a result of any diversions required. The Contractor will be required to engage with Perth and Kinross Council in the event that any diversions are required and reduce the potential for impacts on children getting to school.

There is also the potential for very minor impacts during the construction of the tie in between the B8079 / B847 and the Bruar Junction due to reshaping and restructuring of the junction. It is likely this would be undertaken at night also and any diversions or change in road layout would only lead to an increase in journey times by a few minutes at a time where children are unlikely be travelling along the roads.

Impacts on journey times during operation

There is also the potential for very minor impacts (increase in journey length by seconds) during the operational phase of the Scheme at the new tie in between the B8079 / B847 and the Bruar Junction due to reconfiguration of the junction.

Once the Scheme is in operation there would be improved journey times for people using the A9. The journey time for children being driven to school (in a school bus or in a car) would likely be the same, however a new route would be used which would mean that a right turn on to the A9 would no longer be required, improving safety, an intended positive impact on article 6 (right to life, survival and development).

The Part 2: Engineering, Traffic and Economic Assessment (Transport Scotland, 2017) found that the Scheme offers journey time savings of between three and four minutes per vehicle for its 21.6 km length on the A9 between Killiecrankie and Glen Garry, depending on time and direction of travel. Assuming this was a standalone dualling project, the time saving would be for this section only. Dualling will also allow vehicles to overtake slower moving vehicles, such as farm machinery and HGVs, which will improve journey time and reliability. Improvements to operational performance of the A9 will assist bus operators achieve higher levels of service. Additionally the proposed grade separated junctions to the north and south of Blair Atholl will improve access from the A9 to Blair Atholl and the station that is served by the Highland Main Line railway.

  1. What changes (if any) have been made to the proposal as a result of this assessment? (Guidance Section 3.2, page 23)

Proposed mitigation is identified in the Schedule of Environmental Commitments as part of the Environmental Statement. Similarly the Contractor will be required to minimise noise, dust and vibration where necessary.

Conclusion

  1. As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights? (Guidance Section 3.2, page 23):

(Please choose from positive, negative, neutral or no impact, Please note you can have both a positive and negative impact on children’s rights.)

Children’s Rights (Annex 1)

☒☒☐☐Applicable answer(s): positive and neutral

  1. If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland. (Guidance Section 3.2, pages 27-28).

The positive impact will be to the best interests of the child (article 3) and children’s right to life, survival and development (article 6) by providing improved walking, cycling and horse rising provision and improving safety along the A9. The Scheme has the potential to benefit the Leisure, play and culture of children (article 31) and the ability to meet with other children and groups, (article 15) through improved walking, cycling and horse riding provision.

  1. If a negative impact has been identified, please describe below. Is there a risk this could potentially amount to an incompatibility? (Guidance Section 3.2, page 25).

The minor negative impacts of the Scheme are listed below. However, there is a very low risk that these could amount to an incompatibility and these potential negative impacts have been planned for and mitigated against in so far as is possible.

During Operation

There is the potential for very minor impacts (increase in journey length by seconds) both during the operational phase of the scheme at the new to reconfiguration tie in between the B8079 / B847 and the Bruar Junction due of the junction.

During construction

There is the potential for minor disruption and delays along local roads if the bridge carrying the new A9 over the B847 is lifted in during the school term however it is anticipated that where possible this would be undertaken during the night time and therefore there would be minor impacts as a result of any diversions required. There is also the potential for very minor impacts during the construction of the tie in between the B8079 / B847 and the Bruar Junction due to reconfiguration of the junction. It is also anticipated that this would be undertaken at night where possible and any diversions or change in road layout would only lead to an increase in journey times by a few minutes at most at a time where children are unlikely be travelling along the roads. During construction lane widths along the A9 will be reduced and vehicle speed will be reduced to 40mph (64km/h). This would increase the journey time very slightly by a few minutes for those travelling along the route.

With regards to Public Rights of Way during construction there would be temporary disruption of the crossing point along Path 112 which provides access from Blair Atholl to the Tulach Hill Viewpoint via a small pedestrian footbridge over the River Garry. Users would still be able to cross the A9 at other crossing points but would have to take a longer journey. There is also the potential for disruption to Path 133 which connects to the National Cycle Route 7 which may be used by children staying in the Calvine Holiday Park. During construction users of Path108 are expected to experience disruption through temporary closure of the path which provides a connection between Killiecrankie village and the memorial to the soldiers at the Killiecrankie battlefield. There is the potential that children would be impacted by the construction works (due to the noise and dust created) along the National Cycle Route 7 during construction however these impacts are considered to be minor.

These impacts are temporary however with the duration of the temporary closures unknown, until a contractor is in place, any impacts in relation to this will need to be reviewed once a contractor is appointed and the rights of children and young people will continue to be considered. These parts of the Scheme will be beneficial to children in the long term. With planning and mitigations in place to reduce the impact in so far as possible, the potential temporary negative impacts are deemed necessary and proportionate when weighed against the intended positive impacts on the rights mentioned in articles 3, 6 and 31 (as described previously) once the works have been completed.

Mitigation Record

What options have been considered to modify the proposal in order to mitigate negative impact or potential incompatibility issues?

During the development of the Scheme, the design has evolved based on feedback from the environmental specialists working on the production of the Environmental Statement. Whilst this is not specific to impacts on children, the mitigation listed below would also be beneficial to children and young people. This information is taken from the People and Communities – All Travellers chapter of the Environmental Statement. Additionally, as construction has the potential to impact children and young people, contractor engagement will inform the planning of these parts of the long-term works this order covers.

Please summarise mitigation actions taken below

Issue or risk Identified per article/Optional Protocol

Potential impacts on access to open space and to the disruption to access and pleasantness of the Public Rights of Way.

Action Taken/To Be Taken

Development of the Scheme design has taken into account the need to maintain access for NMUs along and across roads and paths directly affected by the Scheme. The design of the Scheme includes the provision of underpasses and new footways and cycleways which maintain and improve access along NMU routes. The only mitigation with regards to improvements to an individual routes considered relevant to children is the improvements to Tulach Hill underpass (Paths 112 and 113 and crossing point 09) which is in close proximity to Blair Atholl and may be used by children for recreation. The design has improved provision for equestrians, including path widening and installation of appropriate signage and dismounting facilities on the approaches to each structure, new signage to direct NMUs to underpass and provision of cycle gutter alongside steps.

Potential impacts to open space and Public Rights of Way used by children during construction have been mitigated by the following actions:

  • The construction programme will be produced to minimise the length of closures or restrictions of access for NMUs as far as reasonably practicable.
  • Where practicable, temporary diversion routes and/or assisted crossings will be provided to maintain safe access for NMUs throughout the construction works. Any closure or re-routing of routes used by NMUs will take account of the ‘Roads for All: Good Practice Guides for Roads’ (Transport Scotland, 2013b). These will be agreed in advance with the relevant local authorities and will be clearly indicated with signage as appropriate.
  • In consultation with the relevant Roads Authority and public transport provider, bus stops affected by the works will be relocated safely with a safe access route provided for NMUs.
  • The Contractor will produce a traffic management plan that will include measures to avoid or reduce disruption to the road traffic, and in accordance with the Traffic Signs Manual (Department of Transport, 2009). The plan is to include consideration of the timing of works, the location of haul roads to reduce site traffic on the public roads and a well maintained traffic management system with sweeping of roads to reduce construction debris on the carriageway.
  • Reasonable precautions will be taken by the Contractor to avoid or reduce road closures. One lane in each direction will be provided for A9 traffic during peak hours (Mon-Fri) except in exceptional circumstances and for closures which are pre-approved by Transport Scotland.
  • Road diversions will be clearly indicated with road markings and signage as appropriate. Any road closures will be notified in advance through road signage and appropriate signage will be provided for the duration of the closure. The Contractor will also be responsible for identifying any notable changes in patterns of road network use during construction, where such changes may cause significant disruption elsewhere (such as drivers re-routing away from the A9) and will review and update traffic management provisions as appropriate in discussion with Transport Scotland.
  • Access for NMUs will be maintained and improved in accordance with the following principles:
  • The requirements of the Equality Act 2010 and ‘Roads for All: Good Practice Guides for Roads’ (Transport Scotland 2013) will be incorporated into the Scheme wherever practicable; e.g. any bridges, ramps or footpaths will not present potential barriers to disabled people such as the gradient or surfacing.
  • NMU access will be provided in accordance with the objectives set out in the A9 Dualling NMU Access Strategy.
  • Surfacing of any new paths including alongside roads will be considered on a case by case basis, taking into account factors such as safety, the type of user and should comply with current standards.

Safety of paths will be considered in accordance with the outcome of the Road Restraints Risk Assessment Process and may require provision of barriers.

  • New cycleways/footpaths will use non-frost susceptible materials to reduce risk of degradation.

Date action to be taken or was taken

The design development detailed above took place throughout 2016 and 2017. The mitigation listed above during construction will take place during suitable points during or prior to the construction of the Scheme.

  1. As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland? (Guidance Section 3.2, pages 26-27).

☒☐(Please choose from yes, no or not applicable)

Applicable answer: yes

If yes, please provide and explanation below:

Children and young people’s safe wellbeing indicator will be positively impacted by dualling of the A9 and improved walking, cycling and horse-riding provision, making the road safer for use and therefore protecting public safety.

  1. How will you communicate to children and young people the impact that the proposal will have on their rights? (Guidance Section 3.2, page 27)

The CRWIA will be published and has been written in accessible language so as to allow for children and young people to understand its content and the potential impacts on their rights. We will also share this CRWIA with all stakeholders involved in the evidence gathering and direct them to where it is published.

Post Assessment Review and sign-off

  1. Planning for the review of impact on children’s rights and wellbeing (Guidance Section 3.2, pages 27).

As part of the decision-making process, plans for reviewing the impact on children’s rights and wellbeing need to be developed.

  • How will the impact of the proposal on children’s rights and wellbeing be monitored?
  • When will you review and update the CRWIA if required?

This CRWIA will be published along side the SSI for Made Orders. The rights of children and young people will continue to be considered and a further CRWIA will be considered should a new Order be required to deliver the proposals.

Sign off (Guidance Section 3.2, page 28).

Policy Lead Signature & Date of Sign Off: 24/09/2024

Deputy Director Signature & Date of Sign Off: 25/09/2024

Date CRWIA team first contacted: 26/07/2024

Statement of Compatibility

Statement Declaration

For SSIs

  1. In accordance with section 23(2) of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (the Act), the Scottish Ministers certify that, in their view, The A9 Trunk Road (Killiecrankie to Glen Garry) (Trunking) Order 2024, The A9 Trunk Road (Killiecrankie to Glen Garry) (Side Roads) Order 2024, is compatible with the UNCRC requirements.

Child Rights and Wellbeing Impact Assessment

SSIs: For further information please read the related child rights and wellbeing impact assessment, which can be found, on legislation.gov.uk at the same location as this statement of compatibility.

Shackman, A member of the staff of the Scottish Ministers

PDF version