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 wholly or partly within the Cairngorms National Park and the River Spey SAC which are sensitive areas 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:

  • The total working area is less than 1 ha.
  • The works will be temporary, localised, and completed during daytime working hours.
  • Works are not expected to result in significant disturbance to protected species that may be present in the wider area.
  • No impacts on the environment are expected during the operational phase as a result of the works. The works are expected to result in positive impacts on road users during the operational phase.
  • The risk of major accidents or disasters is considered to be low.

Location of the scheme:

  • Although the works are located within the River Spey SAC and lie in proximity to other designated sites, the HRA produced in consultation with NatureScot has concluded that the proposed scour works will not result in LSE on the designated sites.
  • The works will not impact the historic and architectural character of the A889 Drochaid A’Bhacain bridge, which is noted as a NRHE.
  • Although the scheme is located within the CNP, consultation has been carried out with the CNP and no concerns have been raised. Works are not expected to result in any adverse visual impact, and as such will not have a resulting adverse impact on the CNP.
  • The scheme is not located within a densely populated area and there are no nearby properties.
  • The scheme will not require any permanent land take and will not alter any local land uses.

Characteristics of potential impacts of the scheme:

  • Any residual impacts to the local landscape during the construction phase will be minor and will not result in significant visual changes to the A889 road corridor. Any impacts during the construction period are expected to be temporary, short-term, and non-significant.
  • Residual impacts are considered to be beneficial for the travelling public which may use this stretch of carriageway.
  • A dry working area will be created with a fish rescue being undertaken prior to the area being drained, to limit impact to fish during construction.
  • Containment measures of the working area will be in place to prevent debris or pollutants from entering the surrounding environment.
  • The dry working area, with appropriate containment measures in place, will reduce the likelihood of significant pollutants or other construction materials entering the River Spey SAC.
  • SEPA has confirmed that the works are permitted under relevant GBRs, which will be adhered to during works.
  • Measures will be in place to ensure appropriate removal and disposal of waste.
  • The SEMP will include plans to address environmental incidents.
  • 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.
  • Pre-construction surveys will be carried out prior to works and, if required, additional licences will be sought to permit works. No works will commence until any required licences are in place and all conditions of any required licences will be adhered to during works.
  • An ECoW will be provided by BEAR Scotland and will attend site to oversee activities with the potential to impact protected species. The ECoW will advise site staff on appropriate working methods and ensure all required mitigation measures are in place.
  • It is not anticipated that INNS will be encountered during the works however in the event that INNS are found on site, measures to prevent potential INNS spread will be implemented.
  • No cumulative or in-combination effects have been identified.