Other relevant guidance, key contacts and appendices
Other relevant guidance
The key guidance for EIA and non-statutory environmental assessments is the Design Manual for Roads and Bridges (DMRB).
Key contacts
Transport Scotland Environment Branch:
Sinéad Thom
Environment and Sustainability Manager
Myra Conn
Senior Environment and Sustainability Advisor
Appendix A – EIA Checklist for Projects
The following is a checklist of the key issues to consider in relation to statutory EIA for projects. It should not be considered as exhaustive but indicates the main areas to be addressed. If statutory EIA is not required, some level of non-statutory environmental assessment is likely to be required. This should be agreed with the relevant Transport Scotland Environmental Advisor.
- Screening stage - does the project require EIA?
- Is the project in Annex I of the EIA Directive?
(i.e. new motorway or expressway, or 10 km of new or widened road)
If yes, EIA required (go to 2. and continue).
If no, go to 1b. - Is the project a ‘relevant project’ under Annex II of the EIA Directive?
(i.e. do the works exceed 1 ha or are in or partly in a sensitive area (see Appendix C for sensitive areas)?)
If yes, go to 1c.
If no, EIA unlikely to be required (go to 1e.) - Screen for requirement for EIA using the criteria given in Annex III of the EIA Directive
(i.e. characteristics of the development, location of project and potential impacts – see Appendix B)
Complete and go to 1d. - Is the project likely to have significant environmental effects?
If yes, EIA required (go to 1e. and continue).
If no, EIA is not required (go to 1e. then finish). - Has a Record of Determination been completed, agreed, signed off and put on file?
Complete and get sign off from relevant Environmental Advisor and Director.
A supporting report is usually required. (Go to 1f.) - Does the project require EIA?
If yes, go to 2. and continue;
If no, go to 2. & 3. then finish.
- Is the project in Annex I of the EIA Directive?
- Notice of Determination
- Has a Notice of Determination been prepared and published in the Edinburgh Gazette and one local newspaper?
Notice of Determination as to whether an EIA is required is always required for ‘relevant projects’ regardless of determination outcome.
In practice, it is often advertised at the same time as the publicity notice for the EIAR (see 7a.) and/or the notice of the Draft Orders or scheme.
- Has a Notice of Determination been prepared and published in the Edinburgh Gazette and one local newspaper?
- Screening for Habitats Regulation Appraisal (HRA)
- Has requirement for HRA been considered?
If yes, go to 3b.
If no, record and finish 3. Go to 4 if appropriate. - If appropriate, carry out HRA screening.
HRA screening should be carried out at the same time as EIA screening, though with separate reports. - Has HRA screening been signed off by relevant Environmental Advisor?
If yes, go to 4 and continue.
- Has requirement for HRA been considered?
- Scoping stage
- Has a Scoping Report been produced?
A Scoping Report is required for all statutory EIA projects and may be required for other projects.
Go to 4b. - Has the Scoping Report been signed off by the relevant Environmental Advisor?
If yes, go to 5.
- Has a Scoping Report been produced?
- Preparation of EIA Report (EIAR)
- Has a draft EIAR been prepared and reviewed by the relevant Environmental Advisor?
If yes, go to 5b. - Has the EIAR been coordinated with the HRA (if HRA required)?
If yes, go to 5c. - Has time been allowed in the design program for audit of the draft EIAR (usually 8 weeks)?
If yes, go to 6.
- Has a draft EIAR been prepared and reviewed by the relevant Environmental Advisor?
- Audit of EIAR
- Has the EIAR been passed to Environment Branch for audit?
If yes, go to 6b. - Has time been allowed for amendments and review following the audit?
If yes, go to 7.
- Has the EIAR been passed to Environment Branch for audit?
- Consultation stage - publication of the EIAR
- Has a notice for the EIAR been published in the Edinburgh Gazette and one other local newspaper?
If yes, go to 7b. - Has a copy of the EIAR been uploaded to the website and a copy made available for inspection by the public at Buchanan House and at a location local to the project?
If yes, go to 7c. - Has the EIAR been sent to the EIA consultation bodies?
If yes, go to 7d. - Has at least a 6-week (42 day) period been allowed for consultation?
If yes, go to 8.
- Has a notice for the EIAR been published in the Edinburgh Gazette and one other local newspaper?
- Decision making stage
- Have the opinions of the public and consultation bodies been collated and passed to the decision makers (Scottish Ministers)?
If yes, go to 8b. - Has a notice of the Scottish Minister’s decision (called a Notice of Decision) on whether to proceed with the project been published in the Edinburgh Gazette, one local newspaper and on Transport Scotland’s website?
(see Appendix F for content) (Published by Transport Group)
If yes, go to 8c. - Have the consultation bodies been informed of the decision?
If yes, go to 9.
- Have the opinions of the public and consultation bodies been collated and passed to the decision makers (Scottish Ministers)?
- After the Made Orders stage
- Has there been a significant change in scheme design or construction methods?
If yes, go to 9b.
If no, finish. - Are changes predicted to give rise to significant environmental effects?
If yes, go to 9c.
If no, complete RoD, get sign off and finish. - Re-screen project, complete RoD, commission EIAR Addendum, publish notice of determination, advertise addendum, and carry out consultation.
- Has there been a significant change in scheme design or construction methods?
- Finish.
Appendix B - Annex III Selection Criteria
The characteristics of projects must be considered, with particular regard to:
- the size and design of the whole project;
- cumulation with other existing and/or approved projects;
- the use of natural resources, in particular land, soil, water and biodiversity;
- the production of waste;
- pollution and nuisances;
- the risk of major accidents and/or disasters which are relevant to the project concerned, including those caused by climate change, in accordance with scientific knowledge;
- the risks to human health (for example due to water contamination or air pollution).
The environmental sensitivity of geographical areas likely to be affected by projects must be considered, with particular regard to:
- the existing and approved land use;
- the relative abundance, availability, quality and regenerative capacity of natural resources (including soil, land, water and biodiversity) in the area and its underground;
- the absorption capacity of the natural environment, paying particular attention to the following areas:
- wetlands, riparian areas, river mouths;
- coastal zones and the marine environment;
- mountain and forest areas;
- nature reserves and parks;
- areas classified or protected under national legislation; Natura 2000 areas designated by Member States pursuant to Directive 92/43/EEC and Directive 2009/147/EC;
- areas in which there has already been a failure to meet the environmental quality standards, laid down in Union legislation and relevant to the project, or in which it is considered that there is such a failure;
- densely populated areas;
- landscapes and sites of historical, cultural or archaeological significance.
The likely significant effects of projects on the environment must be considered in relation to criteria set out in points 1 and 2 of this Annex, with regard to the impact of the project on the factors specified in Article 3(1), taking into account:
- the magnitude and spatial extent of the impact (for example geographical area and size of the population likely to be affected);
- the nature of the impact;
- the transboundary nature of the impact;
- the intensity and complexity of the impact;
- the probability of the impact;
- the expected onset, duration, frequency and reversibility of the impact;
- the cumulation of the impact with the impact of other existing and/or approved projects;
- the possibility of effectively reducing the impact.
Appendix C – Definition of Sensitive Areas
“Sensitive area” has the meaning ascribed to that expression in regulation 2(1) of the Environmental Impact Assessment (Scotland) Regulations 1999 as amended by EIA (Scotland) Amendment Regulations 2006, Regulation 2(1). Extract as follows:
- land notified under sections 3(1) or 5(1) (sites of special scientific interest) of the Nature Conservation (Scotland) Act 2004;
- land in respect of which an order has been made under section 23 (nature conservation orders) of the Nature Conservation (Scotland) Act 2004 ;
- a European site within the meaning of regulation 10 of the Conservation (Natural Habitats, &c.) Regulations 1994;
- a property appearing in the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage;
- a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979;
- an area designated as a National Scenic Area by a direction made by the Secretary of State under section 262C of the Town and Country Planning (Scotland) Act 1972;
- an area designated as a National Park by a designation order made by the Scottish Ministers under section 6(1) of the National Parks (Scotland) Act 2000.
Appendix D – Relationship of EIA to DMRB
DMRB should be used as guidance on all environmental topics. Some topics do not currently have a consolidated methodology and the approach to these topics is therefore discussed below.
Population and human health
There is no consolidated methodology for this topic. However, the scope of the assessment is considered to be covered by the guidance below:
Population
- LA 112 Population and Human Health
Health
- LA 105 Air quality
- LA 111 Noise and vibration
- LA 113 Road drainage and the water environment
- LA 112 Population and Human Health
Where effects from more than one topic occur, a qualitative description of the overall population/community and human health effects should be provided within the ‘Cumulative assessment’ chapter.
The scope of the assessment outlined above does not advocate completion of a Health Impact Assessment (HIA) as a requirement of EIA. Instead the outlined approach provides sufficient consideration of ‘Population and human health’. If a HIA is requested by stakeholders, advice from Transport Scotland should be taken.
Land
Whilst there is no consolidated methodology for this topic, the guidance outlined below should be referred to. It is appropriate for project teams to use professional judgement to adapt the illustrative magnitude and significance criteria within LA 104 and present project specific thresholds. Consideration should be given to:
- LA 109 Geology and Soils
- LA 112 Population and Human Health
- LA 104 Environmental Assessment and Monitoring
Climate
Climate should be presented as a separate chapter using the guidance below:
- LA 114 Climate
In considering these elements of climate, projects should use professional judgement to provide a qualitative description of the nature of impacts. It is appropriate to include a description of the predicted change that the project will introduce in comparison to the baseline. Consideration should be given to advice within:
- Scottish Transport Analysis Guide; and
- Publicly Available Specification (PAS) 2080:2016 Carbon management in infrastructure.
Appendix E - Required Content of EIAR Notice
“(9) The Scottish Ministers must publish notice of the EIA report so as to ensure that members of the public who are likely to be concerned are given a reasonable opportunity to express an opinion before a decision on whether to proceed with the project is taken, and the Scottish Ministers must not make any such decision without taking into consideration any opinion so expressed to them within a period of 42 days commencing with the date of publication of notice of the EIA report.
(10) Notice under subsection (9) must state -
(a) that the Scottish Ministers, as the relevant roads authority, are considering implementing the project;
(b) the proposed location and nature of the project;
(c) that the project is subject to environmental impact assessment and, where relevant, state that it is likely to have significant effects in another EEA State;
(d) that a copy of the EIA report may be inspected at an address in the area in which the project is proposed to be situated during the period specified under paragraph (i);
(e) the times at which a copy of the EIA report can be so inspected;
(f) an address from which copies of the EIA report may be obtained and from which further information about the project may be requested during the period specified under paragraph (i);
(g) if a charge is to be made for a copy of the EIA report, the amount of the charge;
(h) that the Scottish Ministers use a website for the purpose of giving information to the public about projects of a category into which the project in question falls, and provide the address of the website where a copy of the EIA report will be available for inspection by the public during the period provided for under paragraph (i);
(i) that any person wishing to make any representations about the project and the EIA report may do so in writing to the Scottish Ministers at a specified address within a specified period, being a period of not less than 42 days commencing with the date of publication of the notice; and
(j) that the Scottish Ministers will take into consideration any representations so made before deciding whether or not to proceed with the project with or without modifications.”
Appendix F – Required Content of EIA Decision Notice
Extract from the Roads (Scotland) Act 1984.
“(1B) When the Scottish Ministers have decided whether to proceed with the project in relation to which an environmental impact assessment has been made they shall publish their decision together with a statement confirming they have complied with sub-paragraph (1A) and shall notify the consultation bodies by sending to them copies of, and make available to the public, documents containing—
(a) a description of the project;
(b) the terms of the decision;
(c) the main reasons and considerations on which the decision is based;
(d) information about the arrangements taken to ensure the public had the opportunity to participate in the decision making procedures;
(e) a summary of—
(i) the environmental information; and
(ii) the results of the consultations and information gathered pursuant to section 20C and, where relevant, section 20F, and how those results, in particular comments received from another EEA State pursuant to consultation under section 20F, have been incorporated or otherwise addressed;
(f) if the decision is to proceed with the project—
(i) any conditions to which the decision is subject;
(ii) the reasoned conclusion referred to in section 20B(1)(d);
(iii) a statement that the Scottish Ministers are satisfied that the reasoned conclusion is still up to date;
(iv) a description of any features of the project and any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment; and
(v) a description of any monitoring measures required under section 20G; and
(g) information regarding the right to challenge the validity of the decision and the procedures for doing so.”