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 in whole in the LLTNP 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:

  • The proposed scheme involves embankment works in the vicinity of an existing road (A83). The scale of the works is therefore considered to be small and will involve minor alteration of local embankment areas that have been identified to be failing and require remediation works to avoid further damage and ensure the structural integrity of the A83 trunk road.
  • Construction activities are restricted to an area of 0.5ha along a 100m stretch of embankment adjacent to the A83 carriageway.
  • The works are expected to have a duration of approximately 5 weeks.
  • The risk of major accidents or disasters is considered to be low.

Location of the scheme:

  • Although the scheme is located within LLTNP, the works will reinstate a regraded embankment and will be reseeded following completion of the works; with the temporary access track to be included in this regrading and rock bags to be removed on completion of works. No change to the special landscape qualities of LLTNP is expected. LLTNP Authority have been informed of proposed works, and any comments will be taken into consideration and implemented into the SEMP.
  • The HRA concluded that works will not result in LSE on the qualifying features within the Glen Etive and Glen Fyne SPA, which is located approximately 500m north of scheme extents. As such, no further assessment or consultation with NatureScot was required
  • The works area does not lie within a densely populated area, any sites of historical, cultural, or archaeological significance, or sites designated for their geology or soils.
  • No site compound is required and all access will be facilitated within the TM.

Characteristics of potential impacts of the scheme:

  • Any potential negative impacts of the works are expected to be temporary, short-term, non-significant, and limited to the construction phase. With permanent beneficial impacts to road users through the stabilisation of the embankment reducing chances of further land slips and securing the long term safety of the A83 trunk road.
  • There is potential for an impact on water quality during construction as a result of potential spillage of fuels, oils, and mobilisation of silt. However, with silt controls and pollution prevention measures in place, this risk is considered to be low.
  • No impacts on breeding birds are anticipated; works are located at a sufficient distance from the Glen Etive and Fyne SPA, and all works are localised and ground based.
  • With pollution prevention measures in place, there are no risks to human health from water contamination or air pollution.
  • Measures will be in place to ensure appropriate removal and disposal of waste.
  • No change in land use is anticipated, but a minor temporary loss of low-quality hillside grazing land, ubiquitous to the wider area, is expected. However, this habitat will be reinstated upon completion of works by reseeding the slope.
  • No impacts on geology and soils are anticipated. Any soil encountered during excavation is not anticipated to be high quality peat, however all soil will be reused on site in accordance to LWRA 4.
  • During construction, there will be a temporary impact as a result of materials and waste.