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) are situated in whole or in part in the Firth of Forth SPA, Firth of Forth Ramsar and Forth Islands SPA, which are sensitive areas within the meaning of 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:

  • All schemes are restricted to made-ground on the FRB and areas below the north and south viaducts.
  • Where necessary, containment measures of the working area will be in place to prevent debris or pollutants from entering the surrounding environment.
  • All schemes will be temporary and will either be localised or undertaken on a rolling programme.
  • The schemes are not expected to result in significant disturbance to protected species that may be present in the wider area
  • The risk of major accidents or disasters is considered to be low.
  • Removal of any defects along the carriageways and improvements to access structures will provide improved stability and usability of the structure, which will result in safer conditions for road users.
  • Any potential impacts of the works are expected to be temporary, short-term, not significant, and limited to the construction phase.

Location of the scheme:

  • Historical consultation with the City of Edinburgh Council and Fife Council regarding maintenance works on the Category A listed FRB concluded that all maintenance work concerned with the FRB, that is undertaken on a like-for-like basis, does not require Listed Building consent.
  • The Forth Islands SPA, the Firth of Forth SPA and Ramsar are spanned by the FRB, however an AA has been undertaken which has confirmed that the works will not result in AESI on the qualifying features providing mitigation measures are employed.
  • The Firth of Forth SSSI (EU Site Code 169840) and Long Craig Island Site of SSSI (EU Site Code 169962) are spanned by the FRB. However, the works will not result in significant impacts on the qualifying features provide mitigation measures are employed.
  • Schemes undertaken within the northern extents of the FRB are located within the Battle of Inverkeithing II Battlefield, however there is no requirement for excavations out with the existing carriageway boundary and as such there is negligible potential to impact the Battlefield.
  • None of the schemes are located within any areas designated for landscape interests.
  • Land use will not change as a result of the works.
  • The works do not require any private land acquisition.
  • None of the schemes are located within a densely populated area.

Characteristics of potential impacts of the scheme:

  • The waste hierarchy will be followed to reduce waste to landfill for each scheme.
  • With good practice pollution prevention measures implemented onsite, there is a negligible risk of a pollution event during the construction of each scheme e.g., the SEMP, Designer’s Risk Register, and activity-specific method statements include plans to address environmental incidents.
  • Any potential NMU impacts will be temporary, short-term, and limited to the construction phase.
  • There will be limited consumption of materials and natural resources, and limited waste or generation associated with the each of the schemes. Measures will also be in place to ensure appropriate removal and disposal of waste.
  • 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.
  • No impacts on the environment are expected during the operational phase as a result of the works.