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 within the River South Esk 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 works are small-scale, temporary and restricted to an area of less than 1 ha.
  • The works are localised to the existing structure, and channel within the footprint of previous rock bag repairs.
  • No new land take, or long-term operational changes are anticipated.
  • By undertaking the proposed works, this will reduce the risk of failure of the structure and associated A90 carriageway network route.

Location of the scheme:

  • The works are located within the River South Esk SAC, a European site. However, their small-scale and temporary nature, and the implementation of mitigation and licensing will be in place to ensure they will not adversely affect the site’s integrity.
  • Surrounding land comprises rural agricultural fields, with no community facilities or sensitive land uses within the immediate surrounding area.
  • The works lie within a PVA, and area of known fluvial and pluvial flood risk. However, the works will not alter flow pathways and activities will be managed to avoid working during periods of extreme flow or adverse weather.
  • No geological, landscape or cultural heritage designations lie within or adjacent to the works.

Characteristics of potential impacts of the scheme:

  • All impacts are anticipated to be short-term, temporary and localised to the immediate works area.
  • Potential effects relate largely to in-channel working, including sediment mobilisation and disturbance to the SAC’s qualifying features. Appropriate species licensing will be in place prior to the works commencing.
  • Measures will be in place to ensure appropriate removal and disposal of waste.
  • Pollution prevention and containment measures of the working area will be in place to prevent debris or pollutants from entering the surrounding environment.
  • Measures to prevent the spread of invasive plants will be implemented, as detailed within an Invasive Non-Native Method Statement.
  • No significant or long-term environmental effects are anticipated, and no cumulative or in-combination impacts have been identified.