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 in whole within the CNP 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 (EIA) 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 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

  • The total working area is restricted to <1ha of existing carriageway boundary.
  • The works include VRS works across a 550m stretch of A9 with all works restricted to the carriageway verges.
  • The works will be temporary, highly localised, and completed during night-time hours.
  • Works are not expected to result in significant disturbance to protected species that may be present in the wider area.
  • The risk of major accidents or disasters is considered to be low.
  • No INNS have been recorded within the scheme extents.
  • No impacts on the environment are expected during the operational phase as a result of works. The works are expected to result in positive impacts on road users during the operational phase.
  • Measures will be in place to ensure appropriate removal and disposal of waste.

Location of the works

  • The River Spey SAC, Insh Marshes SAC, River Spey - Insh Marshes SPA and River Spey - Insh Marshes Ramsar lie within 2km of the scheme. An HRA Proforma was produced in 2023 which concluded that the proposed works will not result in LSE on the qualifying features of these European sites (or the associated SSSIs).
  • The scheme extent is located within CNP, which will be notified of the proposed works.
  • The scheme will be confined within the existing carriageway boundary and as a result will not require any land take or alter any local land uses or habitats.
  • Any impacts to the local landscape during the construction phase will be minor and will not result in significant visual changes to the A9 road corridor or the CNP. In addition, no operational impacts are anticipated.

Characteristics of potential impacts of the works

  • 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.
  • Residual impacts are considered to be beneficial for road users which may use this stretch of carriageway.
  • 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 are found on site, measures to prevent potential INNS spread will be implemented.
  • No in-combination effects have been identified.