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

  • Construction activities are restricted to the verges within the 3.4km stretch of the A835.
  • No significant impacts on the environment are expected during the operational phase as a result of works.
  • The works are expected to result in positive impacts on road users during the operational phase due to improved road safety and visibility.
  • As the works will be limited to removal of trees and shrubs/vegetation which are encroaching signage/impacting sight lines and within falling distance of the A835, there is no change to the vulnerability of the road to the risk or severity of major accidents/disasters that would impact on the environment.
  • Any potential impacts of the works are expected to be temporary, short-term and non-significant. Any permanent impacts (e.g. removal of trees) will be compensated for in re-planting. Loss of suitable habitat for biodiversity is not considered significant due to the sub-optimal habitat of the road-side verges.
  • The works will be temporary, localised and completed using temporary traffic lights as TM.
  • Three vegetation clearance/tree felling schemes are currently programmed by BEAR Scotland on the A835 however these will be programmed to avoid/limit any cumulative effects relating to traffic management. No in-combination effects have been identified.
  • The risk of major accidents or disasters is considered to be low.
  • The removal of vegetation and trees to clear encroachment onto trunk road assets such as signs, barriers, laybys and the carriageway itself to ensure better visibility to drivers travelling along the A835.

Location of the scheme

  • The scheme is not located within any designated protected sites and while one SPA is located within 2.4km of the scheme, the HRA concluded that the works will not result in LSE on the qualifying features of the SPA.
  • The scheme is not located within any Conservation Areas and does not require felling of trees protected by a TPO.
  • Part of the scheme lies adjacent to an area of woodland listed on the Ancient Woodland Inventory. Trees will only be removed from the A835 trunk road boundary; therefore, no tree felling will take place within this woodland.
  • The works are limited to removal of vegetation and trees encroaching on trunk road assets, from rock cuttings and ditches, and will not require any land take. Trees will only be removed from the trunk road boundary on land owned by Transport Scotland; therefore, a tree felling licence from Scottish Forestry is not required.
  • The south end of the scheme is located within the settlement of Garve. There are several residential properties and farming settlements, access roads, paved footpaths, laybys and railway crossings within close proximity of the scheme. Any impacts to the local population and public amenities as a result of works will be minor, temporary and not considered significant.
  • Any impacts to the local landscape during the construction phase will be minor, temporary and not considered significant. In addition, no operational impacts are anticipated.

Characteristics of potential impacts of the scheme

  • The SEMP will include plans to address environmental incidents.
  • Pre-works surveys were conducted to ensure any impacts on protected species which may reside within the trees are appropriately assessed and managed. If works are undertaken outwith breeding bird season (March to August inclusive), then pre-works checks must be undertaken.
  • INNS have been found on site; therefore, measures to prevent potential INNS spread will be detailed in the SEMP and implemented on site.
  • Measures will be in placed to ensure appropriate removal and disposal of waste
  • Works will reduce vulnerability of the road to the risk or severity of major accidents/disasters that would impact on the environment due to the proactive removal of potentially dangerous trees.
  • Mitigation measures detailed above (and in the SEMP) will be put in place with the objective to prevent and, if required, subsequently control any potential impacts on sensitive receptors.