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 wholly 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 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 and drainage maintenance, with all activities confined to the A86 trunk road boundary.
  • Construction activities are restricted to an area of 0.15ha along a 238m stretch and 0.52ha along an 832m stretch of the A86
  • The works will be temporary, transient, localised, and completed during night-time hours and day-time hours for civils works on a rolling programme by utilising A86 carriageway road closure with convoy amnesties and 2-way Temporary Traffic Lights for A86 River Spey and road closures and diversion via A9 & A889 for A86 MacPherson Junction.
  • 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.
  • Removing the carriageway defects 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 is fully located within the existing A86 road boundary (carriageway surface) with no requirement to access land adjacent to the carriageway and as such no land take is required.
  • The scheme lies within 2km of four European Sites: River Spey SAC, Insh Marshes SAC, River Spey – Insh Marshes SPA and River Spey – Insh Marshes Ramsar. Assessment under the Habitats Regulations concluded that no LSE on these sites would occur from the work activities.
  • The scheme is located within the Cairngorm National Park and was deemed due to the like-for-like nature of the works there would be no adverse impact on the qualities of the park as a result of the proposed works.

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 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 nighttime resurfacing 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.
  • In the event that INNS are found on site, measures to prevent potential INNS spread will be implemented