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 2.5km 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 hazardous 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. There will be permanent visual impacts (e.g. removal of trees) however these trees are being removed due to risk of falling (causing greater visual impact) and overall the impact is considered low in comparison. Loss of suitable habitat for biodiversity is not considered significant due to the habitats at the road verges being sub-optimal for protected species.
  • The works will be temporary, localised and completed mainly using verge 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 cumulative or in-combination effects have been identified.
  • The risk of major accidents or disasters is considered to be low.
  • The felling of hazardous trees will remove the potential hazard of falling trees during high wind events.

Location of the scheme:

  • The scheme is not located within any designated protected sites and while one SPA is located within 2km of the scheme, the HRA Proforma concluded that the works would not result in any LSE on the qualifying feature of this site.
  • The scheme is not located within any Conservation Areas and does not require felling of trees protected by a TPO.
  • Part of the scheme passes through four areas of woodland listed on the Ancient Woodland Inventory. If any trees are removed from within the AWI woodland, it is likely to be from the trunk road verges and on the edges of sections of the AWI woodland. These sections are subject to suboptimal habitat conditions due to the proximity of the trunk road and any loss of marginal habitat is not considered to be significant.
  • The works are limited to removal of unstable and defective trees in falling distance of the A835 and will not require any land take. Tree felling outside of the trunk road boundary (i.e., on FLS or Network Rail land) which will result in 5m³ or more of timber being removed from third-party land, is expected to be subject to a felling licence from Scottish Forestry and compensatory planting will likely be required as a condition of the licence. Consultation with Scottish Forestry regarding licensing was undertaken and FLS will apply for the felling licence.
  • The north 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.
  • Rhododendron is present on site. 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.