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:

  • Works are not expected to result in significant disturbance to nearby receptors or protected species that may be present in the wider area.
  • 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 undertaking the works, road collisions and overall road safety along this stretch of the A96 trunk road will be improved. No impacts on the environment are expected during the operational phase as a result of works, with positive impacts on road users during the operational phase.
  • No in combination effects have been identified.

Location of the scheme:

  • Works are located within 2km and have direct hydrological connectivity to Mortlach Moss SAC; however, the HRA concluded that there will be no LSE on the qualifying features.
  • Works are not located within an area designated for its specific landscape character or quality.
  • The scheme is not situated in whole, or in part in a sensitive area.
  • The scheme will be located within the existing A96 carriageway boundary and as such, no land take or vegetation clearance will be required. In addition, the scheme will not alter any local land uses or habitats.

Characteristics of potential impacts of the scheme:

  • Measures will be in place to ensure appropriate removal and disposal of waste.
  • 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.
  • Measures to minimise the potential disturbance to protected species will be implemented.
  • Any potential impacts of the works are expected to be temporary, non-significant, and limited to the construction phase.
  • No in combination effects have been identified.