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 whole in Ben Nevis and Glen Coe National Scenic Area 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 the like-for-like replacement of worn road surface, replacement of kerbing, and recutting and clearing of grips and ditches, with all works restricted to made ground on the A82 and A828 trunk roads.
  • Construction activities are restricted to an area of 0.1404ha along a 234m stretch of the A82/A828.
  • The works will be temporary, transient, localised, and completed during night-time hours on a rolling programme, with the aim being to complete the noisiest works by 23:00.
  • 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.
  • By removing the carriageway defects this will provide this part of the A82/A828 carriageway 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 located within the existing A82/A828 trunk road boundary and as such, no land take will be required.
  • The scheme is located approximately 230m northwest of the Glen Etive and Glen Fyne SPA , and approximately 1.2km south of the Onich to North Ballachulish Woods SAC. It was assessed that there was no ecological connectivity between the works and the Onich to North Woods SAC, due to the distance and immobile nature of the habitat features, and no further assessment was required. An HRA Proforma was produced for the Glen Etive and Glen Fyne SPA which concluded no LSE would occur as a result of proposed works and no further assessment or consultation with NatureScot was required.
  • The works are located within the Ben Nevis and Glen Coe NSA, however works entail like-for-like resurfacing, kerb replacement, and recutting and clearing of grips and ditches. No change to the visual landscape or adverse impacts are expected.

Characteristics of potential impacts of the scheme:

  • 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.
  • 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.
  • As the works will be limited to the like-for-like replacement 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.