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

A86 Rubha Na Magach

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) do not exceed 1 hectare in area, however, is situated in whole or in part in Creag Meagaidh SSSI which is a sensitive area within the meaning of regulation 2(1) of the Environmental Impact Assessment (Scotland) Regulations 1999.

A86 Rubha Na Magach to Moy Lodge

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) exceed 1 hectare in area.

The projects have 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 projects will not have significant effects on the environment by virtue of factors such as:

Characteristics of the schemes:

  • Works are restricted to like-for-like replacement of worn road surface, replacement of reflective bollards and ditching works, with all works restricted to made ground on the A86 trunk road.
  • Construction activities are restricted to a combined area of 1.73ha along a combined 2,736m stretch of the A86.
  • The works will be temporary, transient, localised, and completed during daytime hours on a rolling programme.
  • 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.
  • 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 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 during the operational phase.

Location of the schemes:

  • The schemes will be located within the existing A86 trunk road boundary and as such, no land take will be required.
  • The schemes are located approximately 650m to 1.2km south of Creag Meagaidh SAC which is designated for habitat features. Due to the distance, elevation and immobile nature of the features, there is no potential for ecological connectivity between the SAC and the works, and no further assessment was undertaken.
  • The schemes are located approximately 1.5km to 1.6km south/southeast of Creag Meagaidh SPA. The HRA concluded no LSE would occur on this feature as a result of proposed works and no further assessment or consultation with NatureScot was required.
  • The A86 Rubha Na Magach scheme lies wholly within the Creag Meagaidh SSSI which is designated for breeding bird assemblage and habitat features. Consultation is ongoing with NatureScot to assess whether SSSI consent is required for the proposed works, prior to the start of works.
  • The A86 Rubha Na Magach scheme lies wholly within the Creag Meagaidh NNR; however, works will not have a significant impact on the NNR.
  • The scheme is not located within a NP/NSA, or any other sensitive sites (such as any sites designated for biodiversity conservation). Works entail like-for-like resurfacing, bollard replacement and ditching; no change to the visual landscape is expected.

Characteristics of potential impacts of the schemes:

  • 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 daytime resurfacing works will be completed on a rolling programme.
  • 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.