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) is situated in whole within 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 schemes:

  • The footway improvement works cover a 200m stretch of footway alongside the A85 carriageway with an approximate area of 0.04ha, with carriageway resurfacing taking place on a 620m stretch of the A85 with an area of 0.43ha.
  • The works will be temporary, localised, and completed during reduced daytime hours (09:00-15:00 – for footway improvements) and night-time working (19:00-06:00 – for carriageway resurfacing).
  • No ecological constraints (i.e. protected species sightings, resting places, or invasive plant species) were noted during the ECS in July 2026 within the relevant survey buffers (up to 200m). 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.
  • Footway improvements and installation of the DDA compliant crossing point will improve the pedestrian facilities and making foot travel safer within this section of the trunk road, with carriageway resurfacing giving the road a new life cycle and smoother ride for vehicular travellers.
  • No impacts on the environment are expected during the operational phase as a result of works. The works are expected to result in a temporarily negative impact upon pedestrians. However, alternative routes through the site will be provided as part of TM measures and is expected to result in positive residual benefits to pedestrians upon completion of works.
  • A SWMP is required to be produced for carriageway resurfacing works as the scheme is valued at over £350,000. No SWMP is required for the footway improvement works.

Location of the scheme:

  • The scheme extents lie wholly within the LLTNP. Consultation with the National Park Authority is ongoing, with any recommendations from the National Park Authority to be implemented to works design.
  • The scheme is located within the existing A85 trunk road boundary and as such, no land take is required.
  • An HRA was completed to assess potential impacts of the works and concluded that no AESI were identified.

Characteristics of potential impacts of the schemes:

  • Any potential impacts of the works are expected to be mostly temporary, short-term, non-significant, and limited to the construction phase, with the new DDA complaint pedestrian crossing and renewed footway/carriageway surfacing and kerbing being the only residual changes; all of which will be in-keeping with the existing trunk road furniture and cause negligible visual change.
  • The works lie within an urban area with limited habitat present and as such, the works are not expected to result in significant disturbance to protected species that may be present in the area.
  • Measures will be in place to ensure appropriate removal and disposal of waste where required.
  • Negligible 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 pedestrians upon completion of 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.