Statement of case in support of a Determination that a statutory EIA is not required

The scheme 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 safety and is located within the 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 EIA 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 are restricted to an approximate area of 0.02ha.
  • The works will be temporary, localised, and completed during day-time hours over up to two-week period.
  • The works involve construction of an official pedestrian footpath on a grass section of the road verge currently being used by pedestrians, and as such the change to the local landscape has been deemed necessary for public safety.
  • Containment measures of the working area will be in place to prevent debris or pollutants from entering the surrounding environment.
  • No in-combination or cumulative effects have been identified.
  • The risk of major accidents or disasters is considered low.
  • A site compound is not required for this scheme.
  • TM will consist of lane closure facilitated by two-way traffic lights.

Location of the scheme:

  • The scheme is located within the CNP. The Park Authority has been notified of the works and any advice provided will be followed.
  • The scheme is located within the existing trunk road boundary and as such, no land take will be required.
  • The scheme is located within 2km of the River Spey SAC and Insh Marshes SAC. There is no ecological connectivity (via waterways) between the scheme and these sites; therefore, no impacts on these SACs are expected as a result of works.
  • The scheme is located within 2km of the River Spey – Insh Marshes Ramsar and the River Spey – Insh Marshes SPA. An HRA Proforma was completed to assess potential impacts of the works on these sites and concluded that the works will not result in LSE on the designated sites due to the localised, minor nature of the works, lack of in-water works, lack of supporting habitats within the scheme extent, and distance to the sites.
  • There are no Cultural Heritage features of licensable nature located within the scheme extents.
  • The scheme is not located within any areas of ancient woodland or Conservation Areas and does not require felling or trimming of trees protected by a TPO.
  • The works are located within a residential area within Newtonmore. Local access will be granted to residents and the works will not restrict access to residential properties.

Characteristics of potential impacts of the scheme:

  • Any potential adverse impacts of the works are expected to be temporary, short-term, non-significant, and limited to the construction phase.
  • 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.
  • The SEMP will include plans to address environmental incidents.
  • No impacts on the environment are expected during the operational phase as a result of works. The works are expected to result in residual beneficial effects for NMUs in the area in the operational phase, due to provision of a new, safe footway linking existing sections of footway.
  • 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.