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 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 along the A9 carriageway.
  • Construction activities are restricted to a 481m long stretch of the A9 carriageway covering an area of 0.510ha.
  • Works will be temporary, transient, localised and completed during nighttime hours on a rolling programme, with the aim being to complete the noisiest works by 23:00.
  • Works are not expected to result in significant disturbance to 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.
  • Any potential impacts of the works are expected to be temporary, non-significant, and limited to the construction phase.
  • By removing the carriageway defects this will provide this part of the A9 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 the works. The works are expected to result in positive impacts on road users during the operational phase.

Location of the scheme

  • The works are located within the existing A9 trunk road boundary and as such, no land-take is required.
  • The scheme is located wholly within CNP. However, works entail like-for-like resurfacing. No change to the visual landscape or adverse impacts are expected. The CNP Authority will be notified of works and any advice provided will be followed.
  • The scheme is not located within any areas of ancient woodland or Conservation Areas and does not require felling of trees protected by a TPO. 
  • There is no requirement for a site compound, with materials and plant stored within TM.
  • Local access will be granted as much as reasonably practicable.

Characteristics of potential impacts of the scheme

  • Measures will be in place to ensure appropriate removal and disposal of waste.
  • As the works are restricted to like-for-like replacement, there is no change to the vulnerability of the road or the risk or severity of major accidents/ disasters.
  • 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.