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) is situated in part within the Lynn of Lorn NSA, 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 restricted to like-for-like replacement of worn road surface, with all activities confined to the A828 trunk road boundary.
  • Construction activities are restricted to area of 0.8418ha (along a 1,380m stretch of the A828).
  • The works will be temporary, transient, localised, and completed during nighttime hours on a rolling programme by utilising road closure during working hours (19:00 – 06:00) with amnesties at 20:00, 21:00, 22:00, 23:00, 00:00, 02:00 and 04:00.
  • 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.
  • Removing the carriageway defects will provide this part of the A828 carriageway with another life cycle, and significantly improve the ride quality, which will result in safer conditions for road users.
  • No impacts to 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 fully located within the existing A828 road boundary (carriageway surface) with no requirement to access land adjacent to the carriageway and as such no land take is required.
  • Ecological connectivity exists between proposed works and the Loch Creran SAC and Loch Creran MPA(NC). The HRA concluded that no LSE would occur on the qualifying features of these sites as a result of proposed works and no further assessment or consultation with NatureScot was required.
  • The scheme is partially located within the Lynn of Lorn NSA. However, it was concluded that due to the like-for-like nature of the works there would be no adverse impact on the qualities of the park as a result of the proposed works.
  • Pedestrian and NMU routes, including a cycle route and Core Path, are present within the scheme extents. Pedestrian/NMU access will be maintained during works.

Characteristics of potential impacts of the scheme:

  • Any potential disturbance 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.
  • 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, ecological and human receptors during the operational phase.
  • Works are programmed to be of short duration, and nighttime resurfacing works will be completed on a rolling programme, with the aim being to complete the noisiest works by 23:00.
  • As the works will be limited to the like-for-like replacement of the trunk road surface; there is no change to the vulnerability of the road to the risk or severity of major accidents/disasters that would impact on the environment.
  • 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.
  • Any short-term impacts on pedestrians and NMUs are considered negligible.