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 within the Dornoch Firth and Loch Fleet SPA, Loch Fleet SSSI and Loch Fleet and Dornoch and Cuthill Sands NCO 1995, 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:

  • Works are localised to the A9 Mound Sluices, associated outbuildings and immediate surrounding habitat only.
  • Construction activities are restricted to an area of 0.1ha along the 42m bridge, plus the site compound in the adjacent car park.
  • The works will be undertaken during the daytime working hours between June and September inclusive, when water flows are low.
  • The design of the scheme is in line within the character of the Listed Building which has also been authorised by the Local Authority.
  • The risk of major accidents or disasters is considered to be low.
  • Any potential impacts of the works are expected to be temporary, nonsignificant, and limited to the construction phase.
  • Residual impacts are considered to be beneficial to the environment by maintaining the function of the Mound Sluices gates.
  • Measures will be in place to ensure appropriate removal and disposal of waste.

Location of the scheme:

  • The A9 Mound Sluices is a category A Listed Building. LBC for the works has been obtained from the Highland Council, and all conditions will be adhered to.
  • The scheme lies within the marine area below MHWS. A Marine Licence and variation have been issued to permit works, and all conditions of these licences will be adhered to.
  • The scheme lies within/shares connectivity with the Dornoch Firth and Loch Fleet SPA/Ramsar and Mound Alderwoods SAC including associated SSSIs. The SIAA produced previously and agreed by NatureScot concluded that works were essential for the site management of the Mound Alderwoods SAC and would not result in LSE on the qualifying features of the other nearby European Sites.
  • The works will not result in any impacts on the Loch Fleet and Dornoch and Cuthill Sands NCO 1995.
  • Works are restricted to the A9 Mound Sluices and associated outbuildings. The site compound will be located on made ground at the nearby Highland Council car park.
  • The works will not restrict access to nearby residential properties.

Characteristics of potential impacts of the scheme:

  • All relevant licences and consents required will be in place prior to works and all conditions of these licences/consents will be adhered to during works.
  • Measures will be in place to ensure appropriate removal and disposal of waste.
  • Residual visual impacts will be localised to the refurbishment of arches 3-6 which will be in keeping with the character of the structure.
  • The SEMP will include plans to address environmental incidents.
  • 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.
  • In the event that INNS are found on site, measures to prevent potential INNS spread will be implemented.
  • Updated ecological surveys will be undertaken prior to the commencement of works and additional mitigation measures will be included in the SEMP if required.
  • An ECoW will be present on site to ensure compliance with the SEMP and all licences.
  • No in-combination effects have been identified.