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 situated wholly within the Ben Nevis and Glen Coe 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:

  • Construction activities will entail like-for-like replacement of worn road surface and reinstatement of road markings, with all works restricted to the made ground of the A828.
  • Any potential impacts of the works are expected to be temporary, short-term, non-significant, and limited to the construction phase.
  • Residual impacts are considered to be beneficial for the travelling public which may use this stretch of carriageway. In addition, improved road surface will reduce the noise levels from travelling public and in turn will reduce disruption to the receptor located in proximity to the scheme.
  • Works are restricted to an area of 0.181 ha along a 284m stretch of the A828 trunk road.
  • The works will be temporary, transient, localised and completed during night-time hours.
  • 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.
  • Removing the carriageway defects will provide these sections of the A828 with another life cycle, and significantly improve the ride quality, which will result in safer conditions for road users.

Location of the scheme:

  • The scheme will be restricted to the existing A828 road boundary (carriageway surface) and as such, no land take will be required.
  • The Scheme is located within the Ben Nevis and Glen Coe NSA, however, there will be no impacts on the special qualities of the NSA from the proposed works.
  • The HRA concluded that works will not result in LSE on the qualifying features of the Glen Etive and Glen Fyne SPA and the Onich to North Ballachulish Woods SAC.

Characteristics of potential impacts of the scheme:

  • Measures will be in place to ensure appropriate removal and disposal of waste.
  • Affected local residents and the EHO will be notified of works prior to construction and notified of any changes to the current proposed plans.
  • The site compound will be located on made ground within TM.
  • As the works will be limited to the like-for-like resurfacing and minor civil works, there will be no change to the vulnerability of the road to the risk or severity of major accidents/disasters that would impact on the environment.
  • The SEMP will include plans to address environmental incidents.
  • Mitigation measures detailed above and in the SEMP are 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.
  • No in-combination effects have been identified.