Statement of case in support of a Determination that a statutory EIA is not required
This is a relevant project in terms of section 55A(16) of the Roads (Scotland) Act 1984 as it is a project for the improvement of a road and the completed works (together with any area occupied by apparatus, equipment, machinery, materials, plant, spoil heaps, or other such facilities or stores required during the period of construction) do not exceed 1 hectare in area, however is situated in whole or in part in the Cairngorms National Park which is a sensitive area within the meaning of regulation 2(1) of the Environmental Impact Assessment (Scotland) Regulations 1999.
The project has been subject to screening using the Annex III criteria to determine whether a formal Environmental Impact Assessment is required under the Roads (Scotland) Act 1984 (as amended by The Roads (Scotland) Act 1984 (Environmental Impact Assessment) Regulations 2017). Screening using Annex III criteria, reference to consultations undertaken and review of available information has not identified the need for a statutory EIA.
The project will not have significant effects on the environment by virtue of factors such as:
Characteristics of the scheme:
- Works are localised to the trunk road drainage improvement works, along a 175m section of the A86 trunk road.
- Works are not expected to result in significant disturbance to nearby receptors or protected species that may be present in the wider area, outwith those detailed in the HRA Proforma.
- The risk of major accidents or disasters is considered to be low.
- Any potential impacts of the works are expected to be temporary, short-term, non-significant, and limited to the construction phase.
- Residual impacts are considered to be beneficial for the travelling public which may use this stretch of carriageway. In addition, improved drainage will improve road safety following the works.
Location of the scheme:
- The scheme lies fully within the existing A86 trunk road boundary. The works have hydrological connectivity with the River Spey SAC, Insh Marshes SAC, River Spey-Insh Marshes SPA and River Spey-Insh Marshes RAMSAR site. Due to the localised, minor nature of the works and appropriate mitigation measures, no LSE are predicted on the qualifying features of the designated sites, as concluded in the HRA.
- The scheme is located within the Cairngorms National Park, and the Authority will be notified of the proposed works.
- There are no GCRS or a geologically designated SSSIs within 300m of the works.
- There is one feature of lesser cultural heritage value within proximity to the scheme; however the scheme is not located within any sites of historical, cultural or archaeological importance.
- No site compound is required. The nearby BEAR Scotland depot in Kingussie will be utilised.
Characteristics of potential impacts of the scheme:
- Containment measures will be in place to prevent debris or pollutants from entering the surrounding environment.
- Measures will be in place to ensure appropriate removal and disposal of waste.
- Residual visual impacts will be localised to the existing A86 and drainage system and are not considered to be significant.
- Works are programmed to be of short duration and undertaken during day-time hours; the works will also move progressively along the scheme
- The SEMP will include plans to address environmental incidents.
- Mitigation measures detailed above and, in the SEMP, will be put in place with the objective to prevent and, if required, subsequently control any potential impacts on sensitive receptors.
- In the event that INNS are found on site, measures to prevent potential INNS spread will be implemented.
- A pre-works check will be undertaken within two weeks prior to the start of works.
- No in-combination effects have been identified.