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 River Tay Special Area of Conservation (SAC) which is a sensitive site 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 be restricted to an area of 0.459ha along a 728m stretch of the A85 trunk road.
• Any potential impacts of the works are expected to be temporary, short-term, non-significant and limited to the construction phase.
• 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 and human receptors during the operational phase.
• As the works will be limited to the like-for-like resurfacing, 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 works are temporary, transient, localised and completed during nighttime hours on a rolling programme.
• 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
• Removal of the carriageway defects will provide this part of the A85 carriageway with another life cycle and significantly improve the ride quality which will result in safer conditions for road users.
• The works will include the resurfacing of the A85 trunk road and will be restricted to the carriageway boundary.

Location of the scheme

• The works will be carried out within the existing A85 road boundary and as such, no land take will be required.
• The scheme extent spans a watercourse which forms part of River Tay SAC. The HRA concluded that the works are not expected to result in AESI on the site.

Characteristics of potential impacts of the scheme

• 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.
• Measures will be in place to ensure appropriate removal and disposal of waste.
• In the event that INNS presence is located on site, measures to prevent potential INNS spread will be implemented.
• No in-combination effects have been identified