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 in whole in 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

  • Construction activities are restricted to an area of 0.382ha along a 636m stretch of the A889.
  • The works will be confined to the road surface and verge boundary (includes ditching and grip cutting) of the existing A889 carriageway and will be completed over 5 nights during night-time hours.
  • Works are not expected to result in significant disturbance to any nearby receptors or 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 and improving roadside ditching, it will provide this part of the A889 carriageway with another life cycle, and significantly improve the ride quality, which will result in safer conditions for road users.
  • Measures will be in place to ensure appropriate removal and disposal of waste.

Location of the scheme

  • The scheme is located within the existing A889 road and as such, no land take will be required.
  • River Spey Special Area of Conservation (SAC) lies approximately 830m north from the scheme. A HRA Proforma concluded that no Likely Significant Effects (LSE) on the qualifying features are expected for the proposed works.
  • The scheme is located within the Cairngorms National Park, no change to the park is expected due to the works.
  • The scheme lies within a rural area with no sensitive receptors present.
  • The site compound will be located on made ground within the Traffic Management (TM).

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.
  • Works are programmed to take only 5 nights to complete on a rolling programme, with the aim being to complete the noisiest works by 23:00.
  • Residual impacts are considered to be beneficial for the travelling public which may use this stretch of carriageway. In addition, improved road surface and ditching, will reduce the noise levels from travelling public and in turn will reduce disruption to the receptor located in proximity to the scheme.
  • 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.
  • No in-combination effects have been identified.