Proposed Amendment to The Environmental Noise (Scotland) Regulations 2006

7. Consultation – proposal

We are proposing to extend the five-year obligations set out in the 2006 Regulations to a ten-year cycle. These obligations relate to the production of strategic noise maps identifying noise sources and quiet areas, as well as the development of associated noise action plans. The ten-year period is considered a more appropriate balance between recognising and capturing potential local changes and accommodating the time required to develop a noise model and produce environmental noise maps, which underpin the noise action plans. The specific regulations proposed for amendment are 4(2), 7(2), 7(3), 10(2), 10(3), 11(3), 11(4), 15(3), and 17(3) of the 2006 Regulations. For reference these regulations have been included at Annex A.

Maps identifying noise sources and quiet areas (regulation 4(2)). We propose to amend the 2006 Regulations to require Scottish Government on a ten-year cycle to produce maps identifying noise sources and quiet areas for agglomerations, major roads and major railways.

Question 1 Do you agree with the proposal for the Scottish Government to produce maps identifying noise sources and quiet areas, on a ten-yearly basis?

Strategic noise maps and noise action plans for noise sources other than airports (regulations 7(2), and 15(3)). We propose to amend the 2006 Regulations to require that the competent authority (Scottish Government) produce strategic noise maps and associated noise action plans, on a ten year cycle.

Question 2 Do you agree with the proposal for the Scottish Government to produce strategic noise maps and noise action plans (for noise sources other than airports) every ten years?

Question 3 What are your views on the proposal for the Scottish Government to produce maps identifying noise sources and quiet areas, strategic noise maps and noise action plans (for noise sources other than airports) every ten years?

We also propose to remove requirements on the Scottish Government every five years, and whenever a major development occurs affecting the existing noise situation, to review and if necessary revise any strategic map showing agglomerations and major roads and railways or to review and if necessary revise any action plans

Question 4 Do you agree with the proposal to remove regulation 7(3) that requires the Scottish Government every five years, and whenever a major development occurs affecting the existing noise situation, to review and if necessary, revise any strategic map showing agglomerations and major roads and railways?

Question 5 What are your views on the proposal to remove regulation 7(3) that requires the Scottish Government every five years, and whenever a major development occurs affecting the existing noise situation, to review and if necessary, revise any strategic map showing agglomerations and major roads and railways?

Strategic noise maps and noise action plans for airports (regulations 10(2), 11(3), and 17(3)). We propose to amend the 2006 Regulations to require the competent authority (airport operators) to produce strategic noise maps and associated noise action plans, on a ten year cycle.

Question 6 Do you agree with the proposal for airport operators to be required to produce strategic noise maps and noise action plans (for airports) every ten years?

Question 7 What are your views on the proposal for airport operators to be required to produce strategic noise maps and noise action plans (for airports) every ten years?

We also propose to remove requirements on the competent authority (airport operators) every five years, and whenever a major development occurs affecting the existing noise situation, to review and if necessary revise any strategic map showing the airport or to review and if necessary revise any action plans.

Question 8 Do you agree with the proposal to remove regulations 10(3) and 11(4) that require airport operators every five years, and whenever a major development occurs affecting the existing noise situation, to review and if necessary, revise any strategic map showing the airport?

Question 9 What are your views on the proposal to remove regulations 10(3) and 11(4) that require airport operators every five years, and whenever a major development occurs affecting the existing noise situation, to review and if necessary revise any strategic map showing the airport?

The EU Environmental Noise Directive. Amendments have been made to the EU Environmental Noise Directive which took effect after the UK left the EU. We are proposing that the 2006 Regulations are amended to reflect the amendment (by Regulation (EU) 2019/1010) to increase the time between the publication of the maps and action plans from one to two years.

We also propose to make some technical amendments to the 2006 Regulations to refer to the most up to date requirements in terms of the methodology used at the EU level. In particular, we propose to align with updated methods of assessment of noise indicators set out in Commission Directive 2021/1226 (which amended Annex II of the Directive. [These amendments to Annex II set out the necessary adaptations of the common assessment methods consisting of clarification of formulas to calculate the propagation of noise, adaptation of tables to the latest knowledge and improvements in the description of the steps of the calculations. This affects road noise, railway noise, industrial noise and aircraft noise calculations.]

Question 10 Do you agree with the proposal requiring the time between the publication of the maps and action plans to be increased from one to two years?

Question 11 What are your views on the proposal requiring the time between the publication of the maps and action plans to be increased from one to two years?

These proposals do not amend the scope of the action plans (namely the agglomerations (large urban areas), major road, major railways, and major airports), or change any of the technical requirements for the noise model.

The Scottish Government’s view is that current levels of environmental protection would be retained as the noise action plans will be extended to cover the ten year cycle. In addition, noise impacts are considered via other legislation regimes, for example the National Planning Framework (NPF4) sets out noise requirements in energy, waste, local development plans, whilst the Design Manual for Roads and Bridges (DMRB) sets requirements and provides advice documents relating to the design, assessment, and operation of motorway and all-purpose trunk roads in the UK. In a similar manner, the aviation sector also adheres to a range of legislation and statutory guidance, such as the UK Government’s Civil Aviation Acts 1982 and 2006, and the UK Civil Aviation Authority^[1] noise guidance. Given these requirements regarding major developments, we believe that there will not be a negative environmental impact due to the extension to a ten year cycle.

The Scottish Government believe that the proposal to amend the 2006 Regulations by extending the interval between the publication of strategic noise maps, and associated noise action plans, would enable more engagement with stakeholders in developing the action plans.

Overall, the Scottish Government believes that this proposal to extend the interval from five to ten years for updating noise maps and action plans under the 2006 Regulations, will continue to deliver a regular review of modelled noise maps across Scotland, and associated action plans put in place. While we are proposing to change the timescales for producing the strategic noise maps and associated action plans, we intend to remain aligned with other parts of the UK and the European Union in terms of the methodologies used to produce these maps.

Question 12 Do you have any other comments on the proposal not covered in response to previous questions?