NAC221102 App Severacres Rport (Combined)

North Ayrshire Council · 2 November 2022
Back to North Ayrshire Council — 2 November 2022 and its agenda

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Page 1

NORTH AYRSHIRE COUNCIL 
2 November 2022 
North Ayrshire Council 
Title:    Sevenacres Bridge, Kilwinning – Compulsory Purchase 
Purpose:  To approve the compulsory purchase of land required to install a
replacement bridge over the Lugton Water at Sevenacres,
Kilwinning and to provide temporary access for those works to
be undertaken. 
Recommendation:  That the Council resolves to make a Compulsory Purchase
Order to be called “The North Ayrshire Council (Sevenacres
Bridge, Kilwinning) Compulsory Purchase Order 2022” as
detailed in the report and further detailed in the appendices. 
1. Executive Summary 
1.1 A replacement bridge is required over the Lugton Water at Sevenacres, Kilwinning
and land requires to be purchased for that purpose. Negotiations have been ongoing
since 2017 with the owners of the ground which the Council requires to purchase to
install a replacement bridge over the Lugton Water at Sevenacres, Kilwinning and for
temporary access to additional ground to facilitate those works.  Although substantial
progress has been made, unfortunately binding contracts are not yet in place with all
of the owners to allow the works to be undertaken. 
1.2 In addition, SEPA guidance for carrying out engineering works in a water course
indicates that access is generally only allowed on site between March and September
due to fish spawning season therefore to prevent further delays in replacing the
bridge, a Compulsory Purchase Order is required to give the Council a title to the land 
2. Background 
2.1 The existing Sevenacres Bridge located near Kilwinning is a 7.3m single span
masonry arch structure and carries an unclassified single carriageway over the Lugton
Water.  The average width between the parapets is 5m and the bridge has no verge or
footway.  The bridge was repaired in the 1980’s but significant deterioration has
occurred since then.  More recently two steel beams were installed on either side of
the bridge to support the spandrels and parapets of the bridge, but these repairs
haven’t prevented the ongoing deterioration of the fabric of the structure.  A structural
assessment of the load capacity of the bridge was carried out in 2013.  The bridge
failed this assessment and an 18 tonne weight limit was implemented, however due to
the ongoing deterioration to the fabric of the bridge it has been closed to vehicular
traffic in 2022 for safety reasons.

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2.2 Due to the very poor condition of the existing bridge a bridge replacement scheme
was considered to be the best way forward.  Replacement also provides the
opportunity to make improvements to the geometry of the bridge to increase safety of
road users.  The proposed bridge is to be a precast masonry arch bridge with masonry
parapets with an increase in width of the bridge to 6.5m and narrow footways added. 
The proposed bridge will look very similar to the existing bridge and although there will
be an increase in the footprint of the bridge, the additional land take requirement is
minimal. 
2.3 Negotiations to purchase the additional land required for construction, and to agree
temporary access for the construction have been ongoing since 2017.  All land owners
have indicated a willingness to sell the required land and there are indications that the
bulk of the land acquisition can be achieved in the near future by voluntary means. 
However, land acquisition has not yet been finalised with many of the land owners and
the situation has become more urgent due to the closure of the bridge to vehicular
traffic.  This is causing significant disruption to those living close to the existing bridge
as well as to the public. 
2.4 A tender for the bridge replacement can be issued as soon as there is some certainty
that the land acquisition can be completed.  Compulsory purchase of the land required
for the bridge is now considered to be the best method of concluding land acquisition
and allowing the replacement of the existing bridge to take place.  It is anticipated that
most of the land acquisition will be concluded voluntarily but the CPO process will limit
the potential for future delays. 
Compulsory Purchase Order 
2.5 The Compulsory Purchase Order will require to be advertised and a Site Notice will be
erected on the ground to advertise the Council’s proposals, thereafter there will be a
period for objections and any objections which cannot be resolved will, in due course,
be determined at a Public Inquiry before a Reporter appointed by the Scottish
Ministers.  If the Order is confirmed there requires to be a further advert period prior to
title being completed. 
2.6 Disputes in relation to any compensation can be referred to the Lands Tribunal for
Scotland.  The estimated time scale for an opposed Compulsory Purchase Order is in
the region of 18 months or more and Officers therefore propose that the Council
commence the compulsory purchase procedures as soon as possible. 
2.7 The rights of the owners of land or property under the Human Rights Act 1998 must
be considered before deciding to make a Compulsory Purchase Order.  In this
connection, it is considered there is a compelling case in the public interest for
acquisition of the ground to secure a replacement bridge at Sevenacres, Kilwinning
and a Compulsory Purchase Order would strike an appropriate balance between
public and private interest. 
2.8 If the Order is promoted in terms of the legislation the owners and any other person
having an interest in the land have a right to object to the proposed Order at a fair,
independent and public hearing and are also entitled to statutory compensation in
respect of their interest in land.  In the absence of agreement compulsory purchase is
accordingly considered to be both necessary and appropriate in the circumstances.

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3. Proposals 
3.1 The proposal is “that The North Ayrshire Council resolves in exercise of the powers
conferred by Section 104 of the Roads (Scotland) Act 1984 and in accordance with
the provisions of the Acquisition of Land (Authorisation Procedure) (Scotland) Act
1947 to make a Compulsory Purchase Order to be called “The North Ayrshire Council
(Sevenacres Bridge, Kilwinning) Compulsory Purchase Order 2022” to purchase
compulsorily ALL and WHOLE those areas of ground listed on the Schedule hereto
which are required to replace the existing Sevenacres Bridge, Kilwinning, authorise
and instruct the Senior Manager (Legal Services) to sign the Order and plan on behalf
of the Council, affix thereto the Common Seal of the Council, submit the Order and
plan to the Scottish Ministers for confirmation, give the appropriate notice to the
owners and occupiers of the subjects, insert the appropriate notice in the local press
and certify to the Scottish Ministers that the subjects (a) do not belong to the local
authority, (b) have not been acquired by statutory undertakers for the purpose of the
undertaking, (c) do not form part of common or open space, (d) are not held
inalienably by the National Trust for Scotland and (e) are not listed as being of special
historical or architectural interest under Section 1 of the Planning (Listed Buildings and
Conservation Areas) (Scotland) Act 1997, and take all steps necessary to complete
the compulsory purchase procedures”. 
4. Implications/Socio-economic Duty 
Financial 
4.1 The cost of compensating the land owners and the cost of replacing the bridge will be
met from existing capital budgets 
Human Resources 
4.2 None 
Legal 
4.3 A Compulsory Purchase Order is the only way to complete title to land where the
owner is not willing or not able to agree a voluntary transfer.  The process can take
some time to complete but commencing the procedure does not preclude negotiations
with the owners continuing. 
Equality/Socio-economic 
4.4 None. 
Climate Change and Carbon 
4.5 None.

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Key Priorities 
4.6 The bridge replacement addresses the Council Plan key priorities of providing
‘sustainable and effective infrastructure’. 
Community Wealth Building 
4.7 None 
5. Consultation 
5.1 Negotiations and consultation around the purchase of land have taken place between
officers in the Commercial Services Directorate and the landowners over a period of
years. Landowners are aware that NAC intended to resort to CPO in order to conclude
the land purchase and minimise further delay in the replacement of the existing bridge. 
Aileen Craig
Head of Democratic Services 
For further information please contact Raymond Lynch , Senior Manager (Legal
Services), on 01294 324321. 
Background Papers
0

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Schedule 
LAND REQUIRED AND THE PURPOSE OF ACQUISITION 
The land (and or rights over land) required and the purposes for which they are required are
summarised in this report and shown referenced on the Plan:- 
Area 1A Permanent acquisition of ground and riverbank
lying to the north of the Lugton Water and to the
west of Sevenacres Bridge, Kilwinning as shown
delineated in red and coloured pink and labelled
1A/Pink on the Plan.
Purpose: Land to from part of the layout for the new bridge.
Area 1B The right to take temporary occupation of shrubbed
area and river bank lying to the north of the Lugton
Water and to the west of Sevenacres Bridge,
Kilwinning as shown delineated in red and
coloured brown and labelled 1B/Brown on the
Plan. 
Purpose: For construction purposes, including the right to remove and cut back trees and other
vegetation;  the right to construct and retain temporary buildings, structures, fences
and other works including temporary roads, tracks and other means of access;  the
right to use for access and egress for pedestrians and vehicles (including heavy
vehicles and construction traffic);  the right to park vehicles of all types;  the right to
site and operate machinery and all types of ancillary equipment (including jacking
columns, mobile elevated working platforms, scaffolding, cranes and under bridge
units);  and the right to store materials, plant machinery and other equipment.   
Area 2A Permanent acquisition of ALL and WHOLE that land
extending to 112.9 square metres or thereby lying to
the south of the Lugton Water and to the west of
Sevenacres Bridge, Kilwinning as shown delineated
in red and coloured pink and labelled 2A/Pink on the
Plan
Purpose: Land to from part of the layout for the new bridge and access for maintenance of new
bridge and road embankment.
Area 2B The right to take temporary occupation of woodland,
grazing land, river bank and river bed (Lugton
Water) lying to the south of the mid-line of the said
river and to the west of Sevenacres Bridge,
Kilwinning as shown delineated in red and coloured
brown and labelled 2B/Brown on the Plan. 
Purpose: For construction purposes, including the right to remove and cut back trees and other
vegetation;  the right to construct and retain temporary buildings, structures, fences
and other works including temporary roads, tracks and other means of access;  the
right to use for access and egress for pedestrians and vehicles (including heavy
vehicles and construction traffic);  the right to park vehicles of all types;  the right to
site and operate machinery and all types of ancillary equipment (including jacking
columns, mobile elevated working platforms, scaffolding, cranes and under bridge
units);  and the right to store materials, plant machinery and other equipment.

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Area 3A Permanent acquisition of ground, riverbed and
riverbanks (Lugton Water) lying to the west and east
of Sevenacres Bridge, Kilwinning as shown
delineated in red and coloured pink and labelled
3A/Pink on the Plan
Purpose: Land to from part of the layout for the new bridge.
Area 3B The right to take temporary occupation of ALL and
WHOLE that land extending to 378.2 square metres
or thereby and comprising woodland, farming land,
river bank and river bed (Lugton Water) lying to the  
east of Sevenacres Bridge, Kilwinning as shown
delineated in red and coloured brown and labelled
3B/Brown on the Plan 
Purpose: For construction purposes, including the right to remove and cut back trees and other
vegetation;  the right to construct and retain temporary buildings, structures, fences
and other works including temporary roads, tracks and other means of access;  the
right to use for access and egress for pedestrians and vehicles (including heavy
vehicles and construction traffic);  the right to park vehicles of all types;  the right to
site and operate machinery and all types of ancillary equipment (including jacking
columns, mobile elevated working platforms, scaffolding, cranes and under bridge
units);  and the right to store materials, plant machinery and other equipment. 
Area 3C The right to take temporary occupation of ALL and
WHOLE that land extending to 678.5 square metres
or thereby and comprising woodland, farming land,
lying at the west of the junction of road leading
south from Sevenacres Bridge, Kilwinning and road
leading to Burrowland Farm the as shown
delineated in red and coloured brown and labelled
3C/Brown on the Plan 
Purpose: For construction purposes, including the right to remove and cut back trees and other
vegetation;  the right to construct and retain temporary buildings, structures, fences
and other works including temporary roads, tracks and other means of access;  the
right to use for access and egress for pedestrians and vehicles (including heavy
vehicles and construction traffic);  the right to park vehicles of all types;  the right to
site and operate machinery and all types of ancillary equipment (including jacking
columns, mobile elevated working platforms, scaffolding, cranes and under bridge
units);  and the right to store materials, plant machinery and other equipment. 
Area 4A Permanent acquisition of ground and riverbank lying
to the north of the Lugton Water and to the east of
Sevenacres Bridge, Kilwinning as shown delineated
in red and coloured pink and labelled 4A/Pink on the
Plan.
Purpose: Land to from part of the layout for the new bridge. 
Area 4B The right to take temporary occupation of garden
ground/shrubbed area and river bank lying to the
north of the Lugton Water and to the east of
Sevenacres Bridge, Kilwinning as shown delineated
in red and coloured brown and labelled 4B/Brown on
the Plan

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Purpose: For construction purposes, including the right to remove and cut back trees and other
vegetation;  the right to construct and retain temporary buildings, structures, fences
and other works including temporary roads, tracks and other means of access;  the
right to use for access and egress for pedestrians and vehicles (including heavy
vehicles and construction traffic);  the right to park vehicles of all types;  the right to
site and operate machinery and all types of ancillary equipment (including jacking
columns, mobile elevated working platforms, scaffolding, cranes and under bridge
units);  and the right to store materials, plant machinery and other equipment.

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Schedule 
LAND REQUIRED AND THE PURPOSE OF ACQUISITION 
The land (and or rights over land) required and the purposes for which they are required are
summarised in this report and shown referenced on the Plan:- 
Area 1A Permanent acquisition of ground and riverbank
lying to the north of the Lugton Water and to the
west of Sevenacres Bridge, Kilwinning as shown
delineated in red and coloured pink and labelled
1A/Pink on the Plan.
Purpose: Land to from part of the layout for the new bridge.
Area 1B The right to take temporary occupation of shrubbed
area and river bank lying to the north of the Lugton
Water and to the west of Sevenacres Bridge,
Kilwinning as shown delineated in red and
coloured brown and labelled 1B/Brown on the
Plan. 
Purpose: For construction purposes, including the right to remove and cut back trees and other
vegetation;  the right to construct and retain temporary buildings, structures, fences
and other works including temporary roads, tracks and other means of access;  the
right to use for access and egress for pedestrians and vehicles (including heavy
vehicles and construction traffic);  the right to park vehicles of all types;  the right to
site and operate machinery and all types of ancillary equipment (including jacking
columns, mobile elevated working platforms, scaffolding, cranes and under bridge
units);  and the right to store materials, plant machinery and other equipment.   
Area 2A Permanent acquisition of ALL and WHOLE that land
extending to 112.9 square metres or thereby lying to
the south of the Lugton Water and to the west of
Sevenacres Bridge, Kilwinning as shown delineated
in red and coloured pink and labelled 2A/Pink on the
Plan
Purpose: Land to from part of the layout for the new bridge and access for maintenance of new
bridge and road embankment.
Area 2B The right to take temporary occupation of woodland,
grazing land, river bank and river bed (Lugton
Water) lying to the south of the mid-line of the said
river and to the west of Sevenacres Bridge,
Kilwinning as shown delineated in red and coloured
brown and labelled 2B/Brown on the Plan. 
Purpose: For construction purposes, including the right to remove and cut back trees and other
vegetation;  the right to construct and retain temporary buildings, structures, fences
and other works including temporary roads, tracks and other means of access;  the
right to use for access and egress for pedestrians and vehicles (including heavy
vehicles and construction traffic);  the right to park vehicles of all types;  the right to
site and operate machinery and all types of ancillary equipment (including jacking
columns, mobile elevated working platforms, scaffolding, cranes and under bridge
units);  and the right to store materials, plant machinery and other equipment.

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Area 3A Permanent acquisition of ground, riverbed and
riverbanks (Lugton Water) lying to the west and east
of Sevenacres Bridge, Kilwinning as shown
delineated in red and coloured pink and labelled
3A/Pink on the Plan
Purpose: Land to from part of the layout for the new bridge.
Area 3B The right to take temporary occupation of ALL and
WHOLE that land extending to 378.2 square metres
or thereby and comprising woodland, farming land,
river bank and river bed (Lugton Water) lying to the  
east of Sevenacres Bridge, Kilwinning as shown
delineated in red and coloured brown and labelled
3B/Brown on the Plan 
Purpose: For construction purposes, including the right to remove and cut back trees and other
vegetation;  the right to construct and retain temporary buildings, structures, fences
and other works including temporary roads, tracks and other means of access;  the
right to use for access and egress for pedestrians and vehicles (including heavy
vehicles and construction traffic);  the right to park vehicles of all types;  the right to
site and operate machinery and all types of ancillary equipment (including jacking
columns, mobile elevated working platforms, scaffolding, cranes and under bridge
units);  and the right to store materials, plant machinery and other equipment. 
Area 3C The right to take temporary occupation of ALL and
WHOLE that land extending to 678.5 square metres
or thereby and comprising woodland, farming land,
lying at the west of the junction of road leading
south from Sevenacres Bridge, Kilwinning and road
leading to Burrowland Farm the as shown
delineated in red and coloured brown and labelled
3C/Brown on the Plan 
Purpose: For construction purposes, including the right to remove and cut back trees and other
vegetation;  the right to construct and retain temporary buildings, structures, fences
and other works including temporary roads, tracks and other means of access;  the
right to use for access and egress for pedestrians and vehicles (including heavy
vehicles and construction traffic);  the right to park vehicles of all types;  the right to
site and operate machinery and all types of ancillary equipment (including jacking
columns, mobile elevated working platforms, scaffolding, cranes and under bridge
units);  and the right to store materials, plant machinery and other equipment. 
Area 4A Permanent acquisition of ground and riverbank lying
to the north of the Lugton Water and to the east of
Sevenacres Bridge, Kilwinning as shown delineated
in red and coloured pink and labelled 4A/Pink on the
Plan.
Purpose: Land to from part of the layout for the new bridge. 
Area 4B The right to take temporary occupation of garden
ground/shrubbed area and river bank lying to the
north of the Lugton Water and to the east of
Sevenacres Bridge, Kilwinning as shown delineated
in red and coloured brown and labelled 4B/Brown on
the Plan

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Purpose: For construction purposes, including the right to remove and cut back trees and other
vegetation;  the right to construct and retain temporary buildings, structures, fences
and other works including temporary roads, tracks and other means of access;  the
right to use for access and egress for pedestrians and vehicles (including heavy
vehicles and construction traffic);  the right to park vehicles of all types;  the right to
site and operate machinery and all types of ancillary equipment (including jacking
columns, mobile elevated working platforms, scaffolding, cranes and under bridge
units);  and the right to store materials, plant machinery and other equipment.