The Scottish Ministers give notice that they have determined that the project to carry out resurfacing works on the A702 at Hillend, Midlothian is a relevant project within the meaning of section 55A of the Roads (Scotland) Act 1984 (“the 1984 Act”) as the works fall within Annex II of Directive 2011/92/EU on the assessment of certain public and private projects on the environment, but that having regard to –

(a) the selection criteria contained in Annex III of that Directive, namely

(i) the use of natural resources, in particular land, soil, water and biodiversity;

(ii) the production of waste;

(iii) pollution and nuisances;

(iv) the risks to human health (for example due to water contamination or air pollution),

(b) the results of the Environmental Screening Assessment under section 55A(2) of the 1984 Act,

(c) the information set out in the Record of Determination dated 6 June 2024, available at https://www.transport.gov.scot/transport-network/roads/road-orders-and-records-of-determination/#63527, the project does not require an Environmental Impact Assessment.

The main reasons for the conclusion that no Environmental Impact Assessment is required are:

(a) The works will not impact the special qualities of the Erraid Wood Local Nature Conservation Site, and the Swanston Burn Local Biodiversity Site;

(b) The works will be confined within the existing carriageway boundary and as a result will not require any land take or alter any local land uses or habitats; and

(c) Any potential impacts of the works are expected to be temporary, short-term, non-significant, and limited to the construction phase.

The features of the project which are envisaged to avoid or prevent significant adverse effects on the environment are:

(a) Mitigation measures and best practice will be implemented to ensure no short-term or long-term significant negative impacts on the environment;

(b) Containment measures of the working area will be in place to prevent debris or pollutants from entering the surrounding environment; and

(c) Measures will be in place to ensure appropriate removal and disposal of waste.

A. BLACK

A member of the staff of the Scottish Ministers

Transport Scotland, George House, 36 North Hanover Street, Glasgow G1 2AD