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 part in the River Tay SAC 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:

  • The proposed scheme involves river bank protection measures which are designed to stabilise the left riverbank of the River Tummel. The proposed scheme is expected to result in safer conditions for road users and will facilitate the reinstatement of the private farm access track and the A9 slip road including verges and VRS located above the bank.
  • Appropriate measures will be put in place to ensure the correct disposal and removal of waste from site.
  • A pre-construction survey is to be carried out and a pre-construction nesting bird checks will be undertaken due to the works being carried out during the breeding bird season (March – August inclusive).
  • In-channel works including piling will be undertaken from July to mid-October (inclusive) to avoid the sensitive period.

Location of the scheme:

  • The proposed scheme is not located within a densely populated area.
  • The proposed scheme is located partly within the River Tay SAC boundary and approximately 1.2km to the north-west of the Shingle Islands SAC. An HRA has been undertaken which concludes that, with the implementation of mitigation measures, there will be no adverse effect in site integrity of the qualifying features on the River Tay SAC and the Shingle Islands SAC.
  • The proposed scheme is not situated in or within 300m of any landscape designations.

Characteristics of potential impacts of the scheme:

  • A SEMP has been produced which sets out a framework to reduce the risk of adverse impacts from construction activities on sensitive environmental receptors.
  • The vulnerability of the project to risks of major accidents and disasters is considered to be low.
  • With mitigation measures in place, it is anticipated that any biodiversity effects associated with the proposed scheme are unlikely to be significant.

The waste hierarchy will be followed for the proposed scheme.