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25 February 2010

(S3O-9584) Major Road Projects

3. Cathie Craigie (Cumbernauld and Kilsyth) (Lab): To ask the Scottish Executive what legal protection is available to local residents during major road projects. (S3O-9584)

The Minister for Transport, Infrastructure and Climate Change (Stewart Stevenson):

There are various forms of legal protection available to cover local residents dependent on the particular circumstances.

Cathie Craigie: Does the minister agree that residents should not expect to be kept up until 3 o'clock or 4 o'clock in the morning by noisy road works? What action will he take to ensure that contractors comply with permits that are issued by local authorities?

Does the minister also agree that traffic management on the A80 is not working for residents or road users? I have written to him on those important matters, but will he agree to meet me as a matter of urgency to discuss them?

Stewart Stevenson: I am always happy to meet members to discuss such matters, which affect constituents. If Cathie Craigie contacts my office, I will of course ensure that I meet her.

We are in the process of constructing noise barriers and bunds. We have not completed that process, but we have seen significant improvement through the work that has been undertaken so far.

On complaints about night-time working, I accept that there appear to have been such activities. For the moment, the work on the sites of greatest concern has moved elsewhere. The local authority has not yet taken enforcement action—it is for it to do so. However, we have ensured that we have in place a proper process by which we can contact contractors out of hours. Some of the difficulties that might have arisen in the past when complaints have been made have been around establishing, in a timely fashion, the facts of the matter and intervening immediately, as appropriate. I hope that that gives immediate comfort to the member, although I am happy to meet and to discuss the matter further.

Jamie Hepburn (Central Scotland) (SNP): What responsibilities do contractors for road projects, such as HMC at the A80, have to communicate local residents' rights to them, including their legal protection rights?

Stewart Stevenson: That is not a direct obligation on contractors. In working up the details of the project, Transport Scotland has sought to engage with the local communities to the extent that it can. Part of that process certainly should have been to answer questions on legal rights. Of course, it would not really be for the construction company or Transport Scotland directly to provide legal advice—we are not really in a position to do that. However, if there are shortcomings and members wish to put further matters to me, I will of course respond in the usual way.

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