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 and are not situated in whole or in part in 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 restricted to like-for-like replacement of worn/damaged road surface, with all works restricted to made ground on the A68 carriageway surface.
• Works are not expected to result in significant disturbance to protected species that may be present in the wider area.
• The risk of major accidents or disasters is considered to be low.
• By removing the carriageway defects, this will provide this section of the A68 carriageway with another life cycle, and significantly improve the ride quality, which will result in safer conditions for road users.
• Any potential impacts of the works are expected to be temporary, short-term, not significant, and limited to the construction phase.

Location of the scheme:

• The scheme is located within 2km of Fala Flow SPA and Ramsar Site, and within the disturbance buffer zone of qualifying species of the Firth of Forth SPA and Ramsar Site, Outer Firth of Forth and St Andrews SPA, and Gladhouse Reservoir SPA and Ramsar Site. However, a HRA has been undertaken which has confirmed that the works will not result in LSE on any of the European Designated Sites.
• The scheme will not have any impact on the Blackshiels Inn LB as they will be restricted to the existing A68 boundary.
• The scheme will not have an impact on the Fala Village Conservation Area as they consist of the like-for-like replacement of the existing carriageway surface.
• The scheme is not located within any areas designated for landscape interests.
• Land use will not change as a result of the works.
• The works do not require any private land acquisition.
• The scheme does not lie within any sites designated for geology or soils
• The scheme is not located within a densely populated area.

Characteristics of potential impacts of the scheme:

• The waste hierarchy will be followed to reduce waste to landfill.
• Works are programmed to take eight nights to complete on a rolling programme, with the aim being to complete the noisiest works by 23:00.
• With good practice pollution prevention measures implemented onsite, there is a negligible risk of a pollution event e.g., compliance with the SEMP.