The Scottish Government

The Environmental Noise (Scotland) Regulations 2006

Applies to environmental noise to which humans are exposed including in built up areas, public parks or other quiet areas in an agglomeration, near schools, hospitals, and other noise sensitive buildings and areas. The regulations apply to noise from road railway and airport sources, as well as industrial noise.

Strategic Noise Mapping and NAPs will inform future policy on managing noise from road, rail and aviation sources.

Noise Directive 2002/49/EC

Requires the development of NAPs

NAPs have been developed as a result of this directive.

Environmental Protection Act 1990

Provides provision to monitor and control noise from domestic, commercial and industrial sources.

Emissions from Part B installations are covered under this act.

Noise nuisance is covered by Part III of the Environmental Protection Act 1990. This law empowers local authorities to deal with noise from fixed premises. To constitute a statutory nuisance noise must be prejudicial to health and/or cause an unreasonable and persistent disturbance to lifestyle.

Other than industrial/commercial noise, deals with noise sources not covered by NAPs.

Control of Noise at Work Regulations 2005

Ensures compliance with noise exposure at work.

Deals with noise sources not covered by NAPs i.e. occupational exposure to noise.

Land Compensation (Scotland) Act 1973

Confers a right to compensation for depreciation in the value of land caused by public works. Public works do not include aerodromes.

Compensatory matters are outwith the scope of the Action Plans

Noise Insulation (Scotland) Regulations 1975 ( NISR)

The Noise Insulation (Scotland) Regulations 1975 place a duty to offer insulation to eligible properties affected by new roads or a road to which an additional carriageway is added.

Eligibility to insulation is in terms of NISR requires certain qualifying criteria to be met in relation to new or altered roads and at present the noise level must be assessed using the Memorandum to Regulation (3) and (6) of the NISR. This methodology is different from that used in the production of the strategic maps and so the results are not directly comparable. NISR is more appropriate at a project level.

Pollution Prevention and Control (Scotland) Regulations 2000

Introduced a more integrated approach to controlling pollution from industrial sources. Main aim is to achieve a high level of protection of the environment by measures designed to prevent or, where that is not practicable, reduce emissions to air, water and land.

Industrial sources are included in the NAPs where requested by the regulatory authority. The Action Plans may inform future policy on land use planning.

Directive 1996/62/EC on Ambient Air Quality and Management

To protect the environment as a whole and human health.

To maintain ambient air quality where it is good and to improve it in other cases using limit values and/or alert threshold set for ambient air pollution levels.

Preserve best ambient air quality compatible with sustainable development.

Legislation, strategies and plans relating to air quality have no direct influence on the NAP process. However, the key source of noise covered by the NAPs is transportation, which also has a major influence on air quality. It is possible that NAPs will affect traffic management in some areas; however, the extent to which traffic management can be influenced may be restricted where Air Quality Management Areas are already in place. Aim to ensure integrated plans and policies where feasible.

The Air Quality Limit Values (Scotland) Regulations 2003

Transposed into national legislation the requirements of Directive 2002/3/EC.

Duty to ensure compliance with limit values of relevant pollutants in ambient air and requires production of action plans where there is a risk of exceeding limit values for any of the relevant pollutants

The Pollution Prevention and Control (Scotland) Regulations 2000

Aims to control pollution from industrial sources. It requires the prevention or reduction of emissions from installations and promotes techniques that reduce the amount of waste and releases overall.

Air Quality Strategy for England, Scotland, Wales and Northern Ireland (2000)

Plans to improve and protect ambient air quality in the UK, to protect people's health and the environment without unacceptable economic or social costs.

Details of national air quality standards and objectives for nine pollutants.

Air Quality Management Plans

Air Quality Management Plans are required where Air Quality Management Areas have been designated due to exceedances of the air quality objectives set out in the Air Quality Strategy for England, Scotland, Wales and Northern Ireland (2000).

Aims are site specific but generally such plans seek to lower the concentration of pollutants within an area.

Kyoto Protocol to the UN Framework Convention on Climate Change 1992

To stabilise and reduce greenhouse gas ( GHG) emissions, mitigate climate change, and promote sustainable development worldwide.

As with Air Quality, climate change initiatives and agreements have no direct influence on the NAP process. However transportation, the main focus of the NAPs, is a key contributor of greenhouse gas emissions. NAPs may influence traffic management however it is unlikely that this will involve significant reductions or increases in traffic levels (and therefore transport-related CO ₂ emissions).

Our Energy Future - Creating a Low Carbon Economy 2003

To cut the UK's carbon dioxide emissions - the main contributor to global warming - by some 60% by about 2050, as recommended by the RCEP, with real progress by 2020.

Scottish Climate Change Programme (2006)

Establish an analysts' network to assess and present the carbon impact of policies in a consistent and routine manner, and consider how climate factors are being addressed at policy, plan and programme level.

draft Scottish Climate Change Bill

The Bill will create a long-term framework for the current and successive administrations in Scotland to ensure that emissions are reduced by 80% by 2050. This framework will help build a sustainable future for Scotland: it will contribute to the country's sustainable economic growth by moving the public and private sectors towards a low carbon economy.

The EC Directive on the Conservation of Wild Birds 79/409/EEC 1979

Provides a framework for the conservation and management of, and human interactions with, wild birds in Europe. Specific provisions include:

• The maintenance of the favourable conservation status of all wild bird species
• The identification and classification of Special Protection Areas for rare or vulnerable species listed in Annex I of the Directive, as well as for all regularly occurring migratory species, paying particular attention to the protection of wetlands of international importance.

Environmental noise can adversely affect species and habitats. This is of greatest concern in sensitive designated sites or where protected species are concerned. Physical developments have not been proposed through the NAP process and therefore it is unlikely that significant adverse effects on biodiversity will occur as a result.

The EC Directive on the Conservation of Natural Habitats of Wild Fauna and Flora 92/43/EEC 1992

Preservation, protection and improvement of the quality of the environment, including the conservation of natural habitats and of wild fauna and flora.

Maintain and restore natural habitats and of wild fauna and flora, working towards ensuring bio diversity and taking account of economic social and cultural requirements and regional and local characteristics.

Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment

Ensure that environmental considerations are integrated into plans, policies and programmes.

Ensure that consultation takes place and that the views of the public and SEPA/ SNH and Historic Scotland are taken into account.

Wildlife and Countryside Act 1981

Protection of wildlife (birds, animals and plants), countryside, national parks, public rights of way and the designation of protected areas such as sites of special scientific interest or limestone pavement orders.

The Conservation (Natural Habitats & c) Regulations 1994

Measures relating to the conservation of natural habitats and of wild fauna and flora.

Provides for the designation and protection of 'European Sites'. ( SCIs, SACs, SPAs and RAMSAR sites)

Protection of European protected species ( e.g. bats, otters, great crested newts)

Nature Conservation (Scotland) Act 2004

• Conservation of biodiversity
• Increases protection for Sites of Special Scientific Interest ( SSSI)
• Amends legislation on Nature Conservation Orders
• Provides for Land Management Orders for SSSIs and associated land
• Strengthens wildlife enforcement legislation

Environmental Assessment (Scotland) Act 2005

Extends Scottish legislation for SEA beyond the requirements of the ' SEA Directive'.

UK Biodiversity Action Plan (1994)

Includes action plans for the conservation of 391 species, 45 habitats and local biodiversity action plan targets.

Scotland's Biodiversity: It's in Your Hands - A strategy for the conservation and enhancement of biodiversity in Scotland

Outlines a number of actions with the overall aim of conserving biodiversity for the health, enjoyment and well being of the people of Scotland now and in the future.

Scottish Biodiversity Strategy 05/2004.

To conserve biodiversity for the health, enjoyment and wellbeing of the people of Scotland now and in the future

Local Biodiversity Action Plans

Identify local priorities and determine the contribution they can make to the delivery of the national Species and Habitat Action Plan targets.

Road Traffic Reduction Act 1997

Requires local Authorities to create "an assessment of the levels of local road traffic in their area, and a forecast of the growth of these levels"; and to specify targets for "a reduction in the levels of local road traffic in the area or a reduction in the rate of growth on the level of such traffic".

The declaration of Noise Management Areas will potentially influence traffic management. Regional Transport Strategies have been developed across Scotland and are due to be adopted imminently. It is therefore too late for the NAPs to influence these strategies. Similarly, the majority of Local Authorities have developed Local Transport Strategies so it is unlikely that these can be influenced. However, the outcomes of the NAPs should form policy which is taken account of for the next round of transport strategies, in approximately 3-5 years.

Scotland's Transport Future - Transport White Paper 2004

Aims to promote economic growth and social inclusion, protect the environment and improve health, reduce accidents and enhance safety, and improve integration between transport modes.

National Transport Strategy

The Strategy is based on the Scottish Government's five national transport objectives:

• To promote economic growth
• To protect our environment and improve health
• To promote social inclusion
• To improve safety
• To improve integration.

Regional Transport Strategies

Statutory document which translates the aims of the national strategy into a regional context and promote specific regional policies and schemes.

Local Transport Strategies

Non-statutory document which translates the aims of the national and regional strategies into a local context and promotes location-specific policies and schemes.

Strategic Transport Projects Review (currently being prepared and also being subject to SEA)

Aims to define the most appropriate strategic investments in Scotland's national transport network from 2012 until 2022.

Development Plans

Structure Plans and Local Plans are to be replaced in the coming years due to changes to Scotland's planning system. These will be replaced with Strategic and Local Development Plans, respectively. These plans will set out locations for residential and commercial development, as well as transport policies. Statutory plans with strong links with Local and Regional Transport Strategies.

The allocation of areas for commercial and residential development has an influence on exposure to environmental noise. Development plans do not influence the development of NAPs but may influence and constrain the designation of Candidate Noise Management Areas or Quiet Areas. Consultation with planning authorities will be necessary.

National Planning Framework

Identifies developments at Glasgow and Edinburgh airports as national developments and include elements such as new taxiways and aircraft stands. It also makes provisions for significant developments at Grangemouth and Rosyth

NAPs will provide parameters for development

West Edinburgh Planning Framework

Applies a co-ordinated approach to planning in the West of Edinburgh

Developments in West Edinburgh will need to take into account NAPs as developed within this Document.

Scotland's Scenic Heritage ( CCS) 1978

To protect the integrity of Scotland's most scenic areas.

The NAPs will be developed in accordance with landscapes across Scotland ensuring that sensitive areas are protected from excess noise.

Scotland's Living Landscapes: Places for People (The Scottish Landscape Forum's Report to Scottish Ministers)

Advise and promote action for the better care of Scotland's landscapes.

Natural Heritage Futures ( SNH)

Highlights nationally significant landscape characteristics and provides an overview of changes in landuse and development that influence the character of the Scottish landscape and how changes may occur due to development.

Scotland Landscape Character Assessments ( SNH)

Defines areas of the landscape under a set of uniform classifications to ensure that any developments are in keeping and sympathetic to the surrounding landscape.

Wildness in Scotland's Countryside - SNH Policy Statement

Aims to safeguard wildness and wild land in Scotland's Countryside.