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 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 or in part 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

  • As the works will be limited to the like-for-like replacement of the roadside components, 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.
  • Construction activities are restricted to the existing carriageway boundary within made ground and as such there will be no residual change to the local landscape as a result of the works.
  • No significant effects on the environment are expected during the operational phase as a result of works.
  • No disturbance is anticipated to protected species within the wider area.
  • At end of life, components can be recycled, reducing waste to landfill.

Location of the scheme

  • The scheme will be confined within the existing carriageway boundaries and as a result will not require any land take and will not alter any local land uses.
  • The River Tay SAC is located approximately 260m east of the scheme extents and Kinveachy Forest SAC/SPA is located approximately 1.4km west of the scheme extents. The works are confined to the existing carriageway and will not result in land take, habitat loss, or changes to the SAC/SPA.
  • It is not anticipated that there will be any significant or direct impacts on the designated sites due to the physical separation between the designated site and work area being more than 200m, in addition to the works being localised to the existing carriageways. There is no connectivity between the sites via hydrology.

Characteristics of potential impacts of the scheme

  • Containment measures of the working area will be in place to prevent debris or pollutants from entering the surrounding water environment.
  • Materials will be derived from recycled, secondary or re-used origin as far as practicable within the design specifications.