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) are over 1 ha in area and are situated in whole 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 (EIA) 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 like-for-like replacement of worn road surface, with all works restricted to made ground on the A9 carriageway.
  • Construction activities are restricted to a total area of 0.72ha along the A9 for a length of 1,035m.
  • Works are not expected to result in significant disturbance to nearby receptors or protected species that may be present in the wider area.
  • INNS are not expected to be present within the scheme extent. However, if any are found on site, measures to prevent potential INNS spread will be implemented.
  • The risk of major accidents or disasters is considered to be low.
  • Residual impacts are considered to beneficial for the travelling public which may use this stretch of carriageway. In addition, improved road surface will reduce the road noise levels and in turn will reduce disruption to the receptor located in proximity to the scheme.

Location of the schemes:

  • The schemes are located within the existing A9 road boundary (carriageway surface) and as such, no land take will be required.
  • The schemes are located within the Cairngorms National Park and one is located within the Loch Tummel NSA. Works entail like-for-like resurfacing and no change to the visual landscape is expected.
  • Several designated European Sites lie within 2km of the scheme. A HRA Proforma has concluded that works will not result in any LSE on any of the features of the sites.
  • The schemes lie within the Killiecrankie Inventory Battlefield, but are restricted to existing road surface so will not result in any potential exposure of cultural heritage features within this boundary.
  • The site compound will be located on made ground within TM.

Characteristics of potential impacts of the schemes:

  • Any potential impacts of the works are expected to be temporary, short-term, non-significant, and limited to the construction phase.
  • Measures will be in place to ensure appropriate removal and disposal of waste.
  • Works are programmed to take 5 nights to complete for each scheme on a rolling programme, with the aim being to complete the noisiest works by 23:00.
  • 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.
  • 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.
  • No in-combination effects have been identified.