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 Cairngorms 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:

  • Works are restricted to like-for-like replacement of worn road surface, with all works restricted to the man-made ground on the A86 carriageway surface.
  • Construction activities are restricted to 800m and 1145m long sections along the A86 trunk road, with working of 0.52ha and 0.75ha respectively.
  • The works will be temporary, transient, localised, and completed during night-time hours on a rolling programme over eleven nights.
  • Works are not expected to result in significant disturbance to protected species that may be present in the wider area.
  • No invasive or injurious plant species have been recorded within the scheme extents.
  • The risk of major accidents or disasters is considered to be low.
  • By removing the carriageway defects this will provide this part of the A86 carriageway with another life cycle, and significantly improve the ride quality, which will result in safer conditions for road users.
  • No impacts to 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 components, there is no change to the vulnerability of the road to the risk or severity of major accidents/disasters that would impact the environment.

Location of the scheme:

  • The scheme will be located within the existing A86 road boundary and as such, no land take will be required.
  • The works will not result in any change to the qualifying features of Cairngorms National Park in which the scheme is situated.
  • The works will not result in any change to the qualifying features of Creag Meagaidh Special Conservation Area located approximately 1.9km from the scheme or Creag Meagaidh Special Protection Area located approximately 3km from the scheme.
  • The works will not restrict access to nearby residential properties.
  • No features of Cultural Heritage are located within the trunk road boundary at the scheme extents. Furthermore, construction of the A86 trunk road is likely to have removed any archaeological remains that may have been present.

Characteristics of potential impacts of the scheme:

  • Any potential impacts of the works are expected to be temporary, short-term, non-significant and limited to the construction phase.
  • Measures will be in place to ensure appropriate removal and disposal of waste.
  • 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 like-for-like replacement of the carriageway surface 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 night-time works will be completed on a rolling programme, with the aim being to complete the noisiest works by 23:00.
  • 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.