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 or in part in Cairngorms NP and Glen Garry SSSI 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:

  • Construction activities are restricted to an area of 0.72ha along a 2,380m stretch of the A9 central reservation.
  • The works will entail the removal of the existing safety barriers and sub-standard terminals, and installation of new safety barriers, which will include minor vegetation clearance.
  • The works will be temporary, transient, localised, and completed during daytime hours on a rolling programme.
  • Measures will be in place to ensure appropriate removal and disposal of waste.
  • A Site Waste Management Plan (SWMP) is not required for this scheme.
  • The risk of major accidents or disasters is considered to be low.
  • Ecological surveys identified suitable habitat for breeding birds, however, the works will commence outwith bird breeding season.
  • Ecological surveys have not identified any further ecological constraints within proximity to the scheme extent.

Location of the scheme:

  • The scheme is located within the existing A9 road boundary (central reservation) and as such, no land take will be required.
  • The scheme is located within Cairngorms NP; all works will be restricted to engineered ground of the A9 carriageway and the central reserve. However, if consent is required from Cairngorms NP authority, the works will not commence until consent is obtained and any advice complied with.
  • The scheme is located within Glen Garry SSSI and A9 Road Cutting and River Garry Gorge GCRS. Any excavations will be restricted to engineered ground of the A9 carriageway and any excavated material will be kept to a minimum, reused, and/or redistributed within the scheme extents. However, if consent is required from NatureScot, the works will not commence until consent is obtained and any advice complied with.
  • The scheme is not located within or have ecological connectivity with a designated European site.

Characteristics of potential impacts of the scheme:

  • Any potential impacts of the works are expected to be non-significant and limited to the construction phase.
  • 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, and human receptors during the operational phase.
  • There will be no change to the vulnerability of the road to the risk or severity of major accidents/disasters that would impact on the environment.
  • 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.
  • In the event that INNS presence is located on site, measures to prevent potential INNS spread will be implemented.
  • No in-combination effects have been identified.