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 within Cairngorms National Park which is a sensitive area listed under 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

  • Works are not expected to result in significant disturbance to nearby receptors or protected species that may be present in the wider area.
  • No INNS have been recorded within the scheme extents, or within 500m.
  • The risk of major accidents or disasters is considered to be low.
  • Any potential impacts of the works are expected to be temporary, short-term, non-significant, and limited to the construction phase.
  • By improving the road surface this will provide this part of the A95 carriageway an extended life cycle, and improve road safety, thus having positive operational impacts for road users. Furthermore, improved road surface will reduce the road noise levels and in turn will reduce disruption to the receptor located in proximity to the scheme.

Location of the scheme

  • The scheme is located within the Cairngorms National Park Authority. No significant change to the visual landscape is anticipated on completion of the works.
  • The scheme is located within 2km, to three Natura 2000 sites which are:
  • Abernethy Forest Special Protection Area (SPA) (NatureScot Site Code: 8461) 1282m southeast.
  • River Spey Special Area of Conservation (SAC) (NatureScot Site Code: 8356) 92m southeast.
  • Cairngorms SAC (NatureScot Site Code: 8217) 1650m southeast.
  • A HRA concluded no LSE to the designated sites as a result of the works.
  • The scheme will be located within the existing A95 carriageway boundary, with minimal verge siding out works required. No site clearance or tree/shrub vegetation removal will be required.

Characteristics of potential impacts of the scheme

  • Measures will be in place to ensure appropriate removal and disposal of waste.
  • Works are programmed to be completed over approximately five nights, with nosiest works to be completed by 23:00.
  • In the event that INNS are found on site, measures to prevent potential INNS spread will be implemented.
  • Containment measures of the working area will be in place to prevent debris or pollutants from entering the surrounding environment.
  • No in-combination effects have been identified.