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 or in part in the Conon Islands SAC and Lower River Conon 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 not have significant effects on the environment by virtue of factors such as:

Characteristics of the scheme

  • Works are restricted to the refurbishment of the bridge deck and minor maintenance works, with all works restricted to the man-made ground on the A835 trunk road boundary. No in-water works are required.
  • Construction activities are restricted to a 120m long stretch along the A835, with a working area under 1ha.
  • The works will be temporary, transient, localised, and completed during daytime hours on a rolling programme over 16 weeks and one day total.
  • Considering the ecological survey data, the works are not expected to result in significant disturbance to protected species that may be present in the wider area.
  • Himalayan balsam, an INNS, was identified in proximity to the scheme. Working near areas of INNS will be avoided and strict biosecurity measures will be employed to prevent the spread of INNS. If working within 7m of INNS or removal of INNS is required, an INNS plan will be prepared prior to works and the INNS will either be buried on site or removed to a suitable waste disposal site.
  • No in-combination effects have been identified.
  • The risk of major accidents or disasters is considered to be low.
  • Addressing defects noted on the bridge and carriageway will provide these parts of the A835 with another life cycle, and significantly improve the quality which will result in safer conditions for road users.
  • Residual impacts are considered to be beneficial for the travelling public which may use this stretch of carriageway. In addition, the refurbishment and maintenance works will improve road safety following the works.

Location of the scheme

  • The scheme lies fully within the existing A835 trunk road boundary. The works have hydrological connectivity with the Conon Islands SAC, Cromarty Firth SPA, Cromarty Firth Ramsar Site, Inner Moray Firth SPA, Inner Moray Firth Ramsar Site, Lower River Conon SSSI and Cromarty Firth SSSI. The proposed works will not result in AESI on the qualifying features.
  • Measures will be in place to ensure appropriate removal and disposal of waste, including wastewater from hydro-demolition (a permit has been granted by SEPA (EAS/P/6100508)). Wastewater from hydro-demolition will not be discharged within areas of any of the above designated sites.
  • Works will take place on a bridge spanning the area seaward of the MHWS boundary. A Marine Licence has been applied for and once granted, all conditions of this licence will be adhered to.
  • NatureScot has granted consent for the proposed works to proceed within the Lower River Conon SSSI boundary.
  • The scheme will be located within the existing trunk road boundaries and as such, no land take will be required.
  • The works will not restrict access to any nearby residential/commercial properties.

Characteristics of potential impacts of the scheme

  • All relevant licences and consents will be in place prior to works all conditions of these licences/consents will be adhered to during works.
  • Any potential impacts of the works are expected to be temporary, short-term, non-significant, and limited to the construction phase.
  • Works are not expected to result in significant disturbance to nearby receptors or protected species that may be present in the wider area, outwith those detailed in the HRA.
  • Working near areas of INNS will be avoided and strict biosecurity measures will be employed to prevent the spread of INNS. If working within 7m of INNS or removal of INNS is required, an INNS plan will be prepared prior to works.
  • 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.
  • Measures will be in place to ensure appropriate removal and disposal of waste, including asbestos if present.
  • 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 during the operational phase.
  • As the works will be limited to the like-for-like replacement of the structural bridge components, 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.