The A90 (Aberdeen Western Peripheral Route) Trunk Road Order 2010

Order made by the Scottish Ministers laid before the Scottish Parliament under section 143A(1)(c) and (3) of the Roads (Scotland) Act 1984 for approval by resolution of the Scottish Parliament.

Draft Scottish Statutory Instruments

2010 No.

Roads And Bridges

The A90 (Aberdeen Western Peripheral Route) Trunk Road Order 2010

Made

14th January 2010

Laid before the Scottish Parliament

15th January 2010

Coming into force

2010

The Scottish Ministers make the following Order in exercise of the powers conferred by section 5(2) of the Roads (Scotland) Act 1984(1) and all other powers enabling them to do so.

In accordance with section 5(2) of that Act they have taken into consideration the requirements of local and national planning, including the requirements of agriculture and industry and are satisfied as to expediency.

In accordance with sections 20A(2) and 55A(3) of that Act, they have determined that the project falls within Annex I to Council Directive 85/337/EEC(4), as relevantly amended by Council Directive 97/11/EC(5) and Council Directive 2003/35/EC(6), on the assessment of the effects of certain public and private projects on the environment.

In accordance with sections 20A(2) and 55A(2) of that Act, they have prepared an environmental statement and published notice of it on 11th September 2007 and have complied with all other provisions of sections 20A and 55A of that Act.

This Order is made in accordance with the provisions of Parts I and III of Schedule 1(7) to that Act.

Citation and commencement

1.  This Order may be cited as the A90 (Aberdeen Western Peripheral Route) Trunk Road Order 2010 and comes into force on the 28th day after the day on which it is approved by resolution of the Scottish Parliament.

Trunk road

2.  The lengths of road which the Scottish Ministers propose to construct along the routes described in the Schedule shall become trunk road on the date this Order comes into force.

A C McLAUGHLIN

A member of the staff of the Scottish Ministers

Buchanan House,

Glasgow

14th January 2010

Article 2

SCHEDULE TRUNK ROAD

INTERPRETATION

In this Schedule—

“the plan folio” means the plan folio numbered RYC/G109/13/0711 and entitled “The A90 (Aberdeen Western Peripheral Route) Trunk Road Order 2010”, signed with reference to this Order and deposited at the offices of Transport Scotland, Buchanan House, 58 Port Dundas Road, Glasgow, G4 0HF;

“point 1” means the north east corner of the existing building known as Wester Hatton, Balmedie, Aberdeenshire, AB23 8YY shown marked “point 1” on plan TR1 in the plan folio;

“point 2” means the existing junction between Cove Road (U186K) and the Old Wellington Road (C8K), Aberdeen shown marked “point 2” on plan TR2 in the plan folio; and

“point 3” means the existing access to East Lodge, Ury Estate, Stonehaven, Aberdeenshire, AB39 3QA at the B979 Stonehaven-Newmachar Road (Netherley Road) shown marked “point 3” on plan TR3 in the plan folio.

THE ROUTES OF THE NEW TRUNK ROAD

1.  From a point 795 metres or thereby south, south-west of point 1 in a generally north, north-easterly direction for a distance of 295 metres or thereby to a point 495 metres or thereby south, south-west of point 1 as shown by a heavy black line between points marked “point A” and “point B” on plan TR1 in the plan folio.

2.  From a point 430 metres or thereby south, south-west of point 1 in a generally south-westerly direction for a distance of 350 metres or thereby to a point 790 metres or thereby south, south-west of point 1 as shown by heavy black line between points marked “point C” and “point D” on plan TR1 in the plan folio.

3.  From a point 795 metres or thereby south, south-west of point 1 in a clockwise direction for a distance of 465 metres or thereby returning to the same point 795 metres or thereby south, south-west of point 1 forming the circulatory carriageway of the roundabout as shown by a heavy black line between points marked “point A”, “point D”, “point F”, “point E” and returning to the same “point A” on plan TR1 in the plan folio.

4.  From a point 895 metres or thereby south, south-west of point 1 in a generally south-westerly direction for a distance of 10 metres or thereby to a point 905 metres or thereby south, south-west of point 1 as shown by a heavy black line between points marked “point E” and “point G” on plan TR1 in the plan folio.

5.  From a point 795 metres or thereby west, south-west of point 2 in a generally north, north-easterly then northerly direction for a distance of 550 metres or thereby to a point 550 metres or thereby west, north-west of point 2 as shown by a heavy black line between points marked “point H” and “point I” on plan TR2 in the plan folio.

6.  From a point 420 metres or thereby west, north-west of point 2 in a generally south, south-westerly direction for a distance of 540 metres or thereby to a point 680 metres or thereby west, south-west of point 2 as shown by a heavy black line between points marked “point J” and “point K” on plan TR2 in the plan folio.

7.  From a point 980 metres or thereby east of point 3 in a generally west, south-westerly direction for a distance of 880 metres or thereby to a point 360 metres or thereby south-east of point 3 as shown by a heavy black line between points marked “point L” and “point M” on plan TR3 in the plan folio.

8.  From a point 370 metres or thereby south, south-east of point 3 in a generally northerly direction for a distance of 230 metres or thereby to a point 230 metres or thereby east, south-east of point 3 as shown by a heavy black line between points marked “point N” and “point O” on plan TR3 in the plan folio.

9.  From a point 360 metres or thereby south-east of point 3 in a generally westerly direction for a distance of 390 metres or thereby to a point 370 metres or thereby south, south-west of point 3 as shown by a heavy black line between points marked “point P” and “point Q” on plan TR3 in the plan folio.

10.  From a point 190 metres or thereby east of point 3 in a clockwise direction for a distance of 230 metres or thereby returning to the same point 190 metres or thereby east of point 3 forming the circulatory carriageway of the roundabout as shown by a heavy black line between points marked “point R”, “point T”, “point O” and returning to the same “point R” on plan TR3 in the plan folio.

11.  From a point 380 metres or thereby east, south-east of point 3 in a generally north-westerly then west, north-westerly direction for a distance of 120 metres or thereby to a point 270 metres or thereby east, south-east of point 3 as shown by a heavy black line between points marked “point S” and “point T” on plan TR3 in the plan folio.

12.  From a point 385 metres or thereby south-east of point 3 in a generally north, north‑easterly then northerly direction for a distance of 110 metres or thereby to a point 380 metres or thereby east, south-east of point 3 as shown by a heavy black line between points marked “point U” and “point S” on plan TR3 in the plan folio.

13.  From a point 380 metres or thereby east, south-east of point 3 in a generally south-easterly then east, south-easterly direction for a distance of 120 metres or thereby to a point 480 metres or thereby east, south-east of point 3 as shown by a heavy black line between points marked “point S” and “point V” on plan TR3 in the plan folio.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides that the lengths of road described in the Schedule, shall become trunk road on the date this Order comes into force.

As such the roads authority for those lengths of road will be the Scottish Ministers.

Copies of the Environmental Statement prepared for the project, and the plans referred to in the Order, may be inspected, free of charge, at the offices of Transport Scotland, Buchanan House, 58 Port Dundas Road, Glasgow G4 0HF between 0900 hours - 1630 hours (Monday to Friday, excluding public holidays).

(1)

1984 c.54. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(2)

Section 20A was substituted by S.S.I. 1999/1 and was amended by S.S.I. 2006/614.

(3)

Section 55A was substituted by S.S.I. 1999/1 and was amended by S.S.I. 2006/614.

(4)

O.J. L 175, 5.7.1985, p.40.

(5)

O.J. L 73, 14.3.1997, p.5.

(6)

O.J. L 156, 25.6.2003, p.17.

(7)

Part I of Schedule 1 was relevantly amended by the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 135; the Water Industry (Scotland) Act 2002 (asp 3), schedule 7, paragraph 14; the Transport and Works (Scotland) Act 2007 (asp 8), section 24, schedule 2, paragraph 3 and schedule 3 and also by S.S.I. 1999/1 and 2006/614.