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 situated in whole or in part in Loch Shiel NSA, Loch Shiel SPA, Ardgour Pinewoods SAC, Ardgour Pinewoods SSSI and Loch Shiel SSSI which are sensitive areas 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 have significant effects on the environment by virtue of factors such as:

Characteristics of the scheme:

  • Construction activities are restricted to an area of approximately 7.8ha, covering 7.7km on both the NB and SB carriageway of the A830 trunk road.
  • The works will be temporary, transient, localised and completed during daytime hours on a rolling programme.
  • Measures will be in place to ensure appropriate removal and disposal of waste.
  • Works are not expected to result in significant disturbance to protected species that may be present in the wider area.
  • Works have been programmed to avoid the breeding bird season.
  • The risk of major accidents or disasters is considered to be low.
  • Works will include the clearance of vegetation and trees to 5m from the road edge and will result in improved safety for road users by improving forward visibility.

Location of the scheme:

  • The works will be carried out within the existing A830 road boundary and as such, no land take is required.
  • The HRA assessment concluded that the works would not result in AESI on the qualifying features of the designated sites.
  • No significant negative impacts have been identified on the qualifying features of Loch Shiel SSSI or Ardgour Pinewoods SSSI. However, NatureScot have been consulted regarding SSSI consent. If consent is required, the works will not commence until consent has been obtained.
  • Although the scheme is located within Loch Sheil NSA, works will be limited to the minimum amount of vegetation required to achieve road safety objectives. Vegetation to be removed consists of primarily young trees and scrub at an existing woodland edge along the A830 road corridor.
  • The scheme is not located within a NP, or any other sites designated for landscape character or quality.
  • Part of the scheme passes through five areas listed on the AWI. If any trees are removed from within the AWI woodland, it is likely to be from the trunk road verges and on the edges of sections of the AWI woodland. These sections are subject to suboptimal habitat conditions due to the proximity of the trunk road, and any loss of marginal habitat is not considered to be significant.

Characteristics of potential impacts of the scheme:

  • The works are expected to result in positive impacts on road users and human receptors during the operational phase.
  • No protected species resting places were identified within working areas or relevant disturbance buffers.
  • As the works will be limited to vegetation clearance, 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 presence is located on site, measures to prevent potential INNS spread will be implemented.
  • Extensive areas of woodland remain a dominant habitat feature in the wider area; therefore, the proposed works are not considered to result in significant cumulative impacts on a landscape scale.
  • Trees to be felled will be recorded to inform future compensatory planting.
  • No in-combination effects have been identified.