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 within 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:

  • Embankment works are restricted to an area of 0.6ha and a length of 400m.
  • Works are not expected to result in significant disturbance to nearby receptors or protected species that may be present in the wider area.
  • Works will be temporary, localised and of short duration, with embankment works completed during day time hours.
  • There is hydrological connectivity to the River Tay SAC and additional mitigation measures to prevent water pollution will be detailed in the SEMP.
  • Ecological surveys to date have identified no signs or shelters of protected species within survey buffers. A pre-construction check will be undertaken prior to vegetation management. Nesting bird checks will also be undertaken prior to vegetation management works if works are to be undertaken during bird breeding season (March to August inclusive).
  • The risk of major accidents or disasters is considered to be low.
  • Any potential impacts of the works are expected to be temporary, short-term, non-significant, and limited to the construction phase.
  • Residual impacts are considered to be beneficial for the travelling public which may use this stretch of carriageway as embankment works will provide lateral restraint to the A85 carriageway and deter cracking of the road surface.

Location of the scheme:

  • The scheme will be located within the A85 carriageway verge, with some works outwith the trunk road boundary.
  • The scheme is located within the Loch Lomond and the Trossachs National Park. Following the embankment works, the local landscape will largely remain the same, as the felled regraded verge will be in keeping with the verges further east and west along the carriageway on this section. The Loch Lomond and the Trossachs National Park Authority will be consulted on the works.
  • The River Dochart, which forms part of the River Tay SAC, lies 380m downstream of works. The HRA Proforma concluded that the works would not result in any LSE on the qualifying features of this site
  • The site compound will be located on made ground out with the trunk road.

Characteristics of potential impacts of the scheme:

  • Containment measures will be in place to prevent debris or pollutants from entering the surrounding environment.
  • Measures will be in place to ensure appropriate removal and disposal of waste.
  • Residual visual impacts will be localised to the existing A85 and eastbound verge and are not considered to be significant.
  • Works are programmed to be of short duration (five weeks) and embankment works will be carried out during the day.
  • The SEMP will include plans to address environmental incidents.
  • 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.
  • No in-combination effects have been identified.