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 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 overall footprint of the works is small and localised, occupying less than 1ha within the area beneath the Bridge. The risk of major accidents or disasters is low, and by undertaking the works the risk of further scour and structural accidents or structural failure of the Bridge and A90 carriageway will be reduced. No environmental impacts are anticipated during the operational phase.

Location of the scheme

The scheme is located within the River South Esk SAC, with an HRA undertaken to assess potential effects on the qualifying features of the European site. The HRA concluded that the works have potential for LSE on the qualifying features of the SAC, however, the works will not result in any adverse effects on site integrity.

The works do not lie within any areas designated for historical, cultural or landscape significance. The surrounding area is rural, with residential receptors set back from the scheme and screened by vegetation and topography.

Characteristics of potential impacts of the scheme

Potential impacts during construction will be controlled through appropriate mitigation measures. These include appropriate removal and disposal of waste, containment of the working area to prevent debris or pollutants entering the environment and phased working, with cofferdam sequencing to maintain river flow and fish passage throughout the construction period. A fish rescue will be undertaken prior to in-channel works where dewatering for the cofferdam temporary works is required, ensuring protection of species. Additionally, an ECoW will be present to oversee environmental compliance, pollution prevention and adherence to mitigation measures. Measures to prevent the spread of INNS will be implemented, as detailed within a Method Statement. Additionally, pollution prevention measures will be implemented within a Pollution Prevention Plan, as prepared by the appointed contractor.