Notice of determination

The A9 Trunk Road (Pass of Birnam to Tay Crossing) Project Environmental Impact Assessment

Determination By The Scottish Ministers Under Sections 20C And 55A Of The Roads (Scotland) Act 1984

The Scottish Ministers hereby give notice that they have determined that The A9 Trunk Road (Pass of Birnam and Tay Crossing) Project is a road improvement project and is a relevant project within the meaning of sections 20C and 55A of the Roads (Scotland) Act 1984, and falls within Annex II of Council Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (“the Directive”), and that having regard to -

  1. the selection criteria contained in Annex III of the Directive, namely -
    1. the size and design of the whole project;
    2. cumulation with other existing and/or approved projects;
    3. the use of natural resources, in particular land, soil, water and biodiversity;
    4. the production of waste;
    5. pollution and nuisances;
    6. the risk of major accidents and/or disasters which are relevant to the project concerned, including those caused by climate change, in accordance with scientific knowledge;
    7. the risks to human health (for example due to water contamination or air pollution).
    8. the existing and approved land use;
    9. the relative abundance, availability, quality and regenerative capacity of natural resources (including soil, land, water and biodiversity) in the area and its underground;
    10. the absorption capacity of the natural environment, paying particular attention to the following areas:
      1. wetlands, riparian areas, river mouths;
      2. coastal zones and the marine environment;
      3. mountain and forest areas;
      4. nature reserves and parks;
      5. areas classified or protected under national legislation; Natura 2000 areas designated by Member States pursuant to Directive 92/43/EEC and Directive 2009/147/EC;
      6. areas in which there has already been a failure to meet the environmental quality standards, laid down in Union legislation and relevant to the project, or in which it is considered that there is such a failure;
      7. densely populated areas;
      8. landscapes and sites of historical, cultural or archaeological significance.
  2. the results of the A9 Dualling Project Pass of Birnam to Tay Crossing Environmental Impact Assessment Scoping Report,
  3. the information, set out in the Record of Determination dated 24 April 2024

The project requires an Environmental Impact Assessment.

The main reasons for the conclusion that an Environmental Impact Assessment is required are that the project:

  1. exceeds 1 hectare in area;
  2. is situated close to and within sensitive areas including the River Tay Special Area of Conservation and the River Tay (Dunkeld) National Scenic Area, and there is potential for impacts on these designated areas; and
  3. has potential to result in significant effects on a number of environmental factors, in relation to Cultural Heritage, Landscape, Visual, Biodiversity, Material Assets and Waste, Noise and Vibration, Population – Land Use, Population – Accessibility, Human Health and Cumulative Effects.

B Sizeland
A member of the staff of the Scottish Ministers
Transport Scotland
177 Bothwell Street
Glasgow G2 7ER
12 May 2025