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) exceed 1 hectare in area.

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 3ha along a 2.5km stretch of the A9 central reservation.
  • The works will be temporary, transient, localised, and completed during night-time 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 required for this scheme.
  • The risk of major accidents or disasters is considered to be low.

Location of the scheme:

  • The scheme will be located within the existing A9 road boundary (central reservation) and as such, no land take will be required.
  • The scheme has ecological connectivity with Inner Moray Firth SPA and Ramsar, and the Moray Firth SPA. The HRA concluded that the works have no potential for LSE on the qualifying features of these sites due to sufficient distancing, no in-water works, and the minor and localised nature of the scheme.
  • The scheme is not located within a NP/NSA, or any other site designated for landscape character or quality.

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 works. The works are expected to result in positive impacts on road users, ecological 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