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) exceed 1 hectare in area.

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 restricted to existing areas and engineered layers within the carriageway boundary.
  • No INNS have been recorded within the scheme extents.
  • Works are not expected to result in significant disturbance to nearby receptors or protected species that may be present in the wider area.
  • 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, not significant, and limited to the construction phase.
  • By undertaking the works, road collisions and overall road safety along this stretch of the A90 trunk road will be improved.
  • No impacts on the environment are expected during the operational phase as a result of works. The works are expected to result in positive impacts on road users during the operational phase.

Location of the scheme:

  • The scheme is not located within an area designated for its specific landscape character or quality.
  • The scheme is not situated in whole or in part in a sensitive area.
  • The scheme is located within 2km, to the River South Esk SAC, however, a HRA concluded no LSE to the designated site as a result of the works.
  • The scheme is located within the existing A90 carriageway boundary (central reserve) and as such, no land take or vegetation clearance will be required.

Characteristics of potential impacts of the scheme:

  • Measures will be in place to ensure appropriate removal and disposal of waste.
  • Containment measures of the working area will be in place to prevent debris or pollutants from entering the surrounding environment.
  • In the event that INNS are found on site, measures to prevent potential INNS spread will be implemented.
  • Any potential impacts of the works are expected to be temporary, not significant, and limited to the construction phase.

No in-combination effects have been identified.