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 Loch Lomond and the Trossachs National Park 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 works involve GI and tree felling in advance of the creation of a new layby to provide safe parking for motorists. The exact methodology of the GI works is yet to be confirmed.
  • Works are restricted to an area of less than 1ha along a 220m stretch of the westbound carriageway of the A85.
  • Works will be temporary, with a duration of one to two weeks for each works phase, and completed during daytime hours (08:00-18:00).
  • 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 providing a new layby, safe parking will be available for motorists and hillwalkers.
  • 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.

Location of the scheme:

  • All trees to be felled are located within the trunk road boundary. However, GI works will require access outwith the trunk road boundary. Land purchase is required and is currently progressing with the District Valuer.
  • While the works are located with LLTNP, the works do not involve any significant changes to the landform, considering the road verge at the scheme location is already being used as a popular parking place for motorists. Felled trees are located in a small area within the A85 trunk road corridor. Only the minimum number of trees required to facilitate construction of the layby will be removed. The total quantity of trees to be removed from the site (approximately 100 trees) has been assessed as negligible in the context of both the local and wider landscape.
  • Consultation is ongoing with the LLTNP authority. All advice provided will be complied with.
  • The scheme is located approximately 350m southwest of the River Tay SAC. A HRA concluded no LSE will occur on these features as a result of proposed works and no further assessment or consultation with NatureScot is required.

Characteristics of potential impacts of the scheme:

  • No peat or soils will be removed from the scheme (if any excavation is required). Peat soils (if present) will be handled with care preventing destruction of peat.
  • Any potential impacts of the works are expected to be short-term, non-significant and limited to the construction phase.
  • Measures will be in place to ensure appropriate removal and disposal of waste where required.
  • 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 GI works and tree felling, 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.
  • Works are programmed to be of short duration and undertaken during daytime working hours.
  • 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.
  • Rhododendron, an INNS, has been found on site and is likely to be removed as part of the works. Measures to prevent spread will be implemented.