Agenda Document Pack - Infrastructure, Land and Environment Policy Board - 30/08/2023
Renfrewshire Council · 30 August 2023
Back to Infrastructure, Land and Environment Policy Board — 30 August 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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24/08/2023 Notice of Meeting and Agenda Infrastructure, Land and Environment Policy Board Date Time Venue Wednesday, 30 August 2023 10:00 Council Chambers (Renfrewshire), Council Headquarters, Renfrewshire House, Cotton Street, Paisley, PA1 1AN Membership Councillor Michelle Campbell (Convener): Councillor Stephen Burns (Depute Convener): Councillor Jennifer Adam: Councillor Jacqueline Cameron: Councillor Carolann Davidson: Councillor Audrey Doig: Councillor Chris Gilmour: Councillor John Gray: Councillor James MacLaren: Councillor Janis McDonald: Councillor Iain McMillan: Councillor John McNaughtan: Councillor Will Mylet: Councillor Iain Nicolson: Councillor Ben Smith: Hybrid Meeting Please note that this meeting is scheduled to be held in the Council Chambers. However, it is a hybrid meeting and arrangements have been made for members to join the meeting remotely should they wish. Webcasting of Meeting This meeting will be filmed for live or subsequent broadcast via the Council’s internet site – at the start of the meeting the Convener will confirm if all or part of the meeting is being filmed. To find the webcast please navigate to https://renfrewshire.public-i.tv/core/portal/home Members of the Press and Public Members of the press and public wishing to attend the meeting should report to the customer service centre where they will be met and directed to the meeting. MARK CONAGHAN Head of Corporate Governance Page 1 of 118
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24/08/2023 Further Information This is a meeting which is open to members of the public. A copy of the agenda and reports for this meeting will be available for inspection prior to the meeting at the Customer Service Centre, Renfrewshire House, Cotton Street, Paisley and online at http://renfrewshire.cmis.uk.com/renfrewshire/CouncilandBoards.aspx For further information, please email democratic-services@renfrewshire.gov.uk Page 2 of 118
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24/08/2023 Items of business Apologies Apologies from members. Declarations of Interest and Transparency Statements Members are asked to declare an interest or make a transparency statement in any item(s) on the agenda and to provide a brief explanation of the nature of the interest or the transparency statement. 1 Community Asset Transfer Sub-committee Minute of the meeting of the Community Asset Transfer Sub-committee held on 24 May 2023. 5 - 8 2 Operational Performance Report Report by the Director of Environment, Housing & Infrastructure. 9 - 20 3 Revenue and Capital Budget Monitoring as at 23 June 2023 Joint report by the Directors of Finance & Resources and Environment, Housing & Infrastructure. 21 - 30 4 Renfrewshire Council Proactive Tree Management Report by the Director of Environment, Housing & Infrastructure. 31 - 54 5 Outdoor Access and Play Area Improvements 2023- 2026 Report by the Director of Environment, Housing & Infrastructure. 55 - 62 6 Noisy Vehicle Exhausts- Council Options for Action Report by the Director of Environment, Housing & Infrastructure. 63 - 66 7 Transport Scotland Act (2019) Update Report by the Director of Environment, Housing & Infrastructure. 67 - 72 8 Dargavel – Land transfer to Renfrewshire Council for New School Site Report by the Chief Executive. 73 - 86 9 Acquisition of Land – CWWR Layby Berth Report by the Chief Executive. 87 - 94 Page 3 of 118
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24/08/2023 10 Disposal of Land for Substations – CWWR Bridge Supplies Report by the Chief Executive. 95 - 102 11 Telecommunications Mast – Craigendhill, Erskine Report by the Chief Executive. 103 - 108 12 Alteration to Lease, KLAS Care (CIC), Gilmartin Road, Linwood Report by the Chief Executive. 109 - 114 13 Lease Renewals (Renfrewshire Council as Tenant), Tannahill Centre, Blackstoun Road, Ferguslie, Paisley Report by the Chief Executive. 115 - 118 Page 4 of 118
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Minute of Meeting Community Asset Transfer Sub-committee Date Time Venue Wednesday, 24 May 2023 13:00 Microsoft Teams Meeting, Present: Councillor Stephen Burns, Councillor Michelle Campbell, Councillor Chris Gilmour, Councillor Janis McDonald, Councillor John McNaughtan Chair Councillor Campbell, Convener, presided. In Attendance A Morrison, Head of Economy & Development Services, S Inrig, Programme Manager – Community Asset Transfer & Regeneration and E Shearer, Regeneration & Place Manager (all Chief Executive's Service); and N Young, Assistant Managing Solicitor (Litigation & Advice), D Pole, End User Technician, E Gray, Senior Committee Services Officer and D Cunningham and J Barron, both Assistant Committee Services Officers (all Finance & Resources). Webcasting of Meeting Prior to the commencement of the meeting the Convener intimated that this meeting of the Sub-committee would be filmed for live or subsequent broadcast via the Council's internet site. Declarations of Interest There were no declarations of interest intimated prior to the commencement of the meeting. Item 1 Page 5 of 118
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1 Community Asset Transfer Request – Vacant Site at Lochhead Avenue, Lochwinnoch PA12 4AW There was submitted a report by the Chief Executive relative to a Community Asset Transfer request submitted in respect of the transfer of the vacant site at Lochhead Avenue, Lochwinnoch PA12 4AW to Lochwinnoch Community Development Trust under Part 5 of the Community Empowerment (Scotland) Act 2015. The application was set out in full as an appendix to the report. The report provided an overview to Community Asset Transfer (CAT) legislation, the site, the applicant and the Council's process for determining applications. The CAT request was submitted on 30 January 2023 with a view to leasing the site for a minimum period of 10 years with the option to purchase the site at the end of or during the lease period. The purpose of the application was to allow for development of the site into a multi-use social space and garden with provision for the continued hosting of a number of community groups; an outdoor market space; holding workshops, classes and events; hireable space with picnic and barbeque areas; and community vegetable growing plots. Details on the expected community benefits and sustainability plan were provided in the report. Following submission of the application, interested parties were entitled to provide written representations. A total of 112 valid representations, together with 257 valid responses to a Community Council questionnaire, were recieved with 74% of respondents in favour of the proposals. The application was initially considered by the Council's CAT Officer Panel on 25 April 2023 where it was agreed to recommend that this Sub-committee approve the request. Lochwinnoch Community Development Trust had proposed a rent of £25 per month and requested the right to erect buildings, sub-let and connect the site to services such as phoneline, water and sewage. Due to the cost of administration, the CAT panel recommended a rent of £1 per annum. Councillor Campbell moved that: (a) That the transfer of the vacant site at Lochhead Avenue, Lochwinnoch PA12 4AW to Lochwinnoch Community Development Trust be approved for lease period of 10 years for the discounted rent of £1 per annum; (b) That the Head of Economy and Development and the Head of Corporate Governance be authorised to conclude the lease at the rate above, and on such terms as required to protect the Council’s interest; and (c) That a review into sale of the site be carried out after three years to: (i) Assess whether the group's finances correlated with the projections set out in the application and to provide an updated financial projection; (ii) Gather data on the impact which the lease had on the local community and businesses; Page 6 of 118
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(iii) Provide an update on the planning status and history of the site including any proposals for a Local Place Plan in the area; and (iv) Investigate potential site contamination and proposals for treatment of any contamination. This was agreed unanimously. DECIDED: (a) That the transfer of the vacant site at Lochhead Avenue, Lochwinnoch PA12 4AW to Lochwinnoch Community Development Trust be approved for lease period of 10 years for the discounted rent of £1 per annum; (b) That the Head of Economy and Development and the Head of Corporate Governance be authorised to conclude the lease at the rate above, and on such terms as required to protect the Council’s interest; and (c) That a review into sale of the site be carried out after three years to: (i) Assess whether the group's finances correlated with the projections set out in the application and to provide an updated financial projection; (ii) Gather data on the impact which the lease had on the local community and businesses; (iii) Provide an update on the planning status and history of the site including any proposals for a Local Place Plan in the area; and (iv) Investigate potential site contamination and proposals for treatment of any contamination. Page 7 of 118
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_________________________________________________________________________ To: Infrastructure, Land and Environment Policy Board On: 30 August 2023 _________________________________________________________________________ Report by: Director of Environment, Housing & Infrastructure _________________________________________________________________________ Heading: Operational Performance Report _________________________________________________________________________ 1. Summary 1.1 This report provides an overview of key service activities since the last Policy Board report on 24 May 2023 and an operational performance update on the services and key projects delivered during this period. 2. Recommendations It is recommended that the Infrastructure, Land and Environment Policy Board: 2.1 Approves the operational performance update detailed within this report. 3. Background 3.1 Environment, Housing & Infrastructure provides essential services to every household in Renfrewshire and works in partnership with the local community, other service areas and Community Planning Partners, to deliver key Council priorities and initiatives. A progress update on the main activities delivered by the services in respect of the areas of activity delegated to this Policy Board, is detailed below. Updates for Infrastructure, Land and Environment Policy Board 4. Fleet, Roads and Transportation 4.1 Fleet Services 4.1.1 Fleet services provided free Cycle Awareness Training for Renfrewshire staff; this was provided on the 10 May within Underwood Road depot. Cycling Scotland had developed a 1hr workshop specifically designed to support people that drive for Item 2 Page 9 of 118
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business to adopt safer habits on the roads. The workshop promoted increased hazard perception, and increased awareness of vulnerable road users, including those on bikes. In addition to reinforcing the changes in the highway code, it aimed to provide participants with a greater understanding of their driving needs. 4.1.2 The Operational Services LGV drivers are undertaking their Driver Certificate of Professional Competence (DCPC) training. This is being carried out within Underwood Road Depot and involves around 10 drivers per day two days per week. Drivers are required to have 35 hours of training every 5 years but due to the training being face to face this was unable to be progressed during the pandemic. 4.1.3 Fleet services continue to trial the alternative fuel source HVO (Hydrotreated Vegetable Oil), to date there have been no mechanical or reliability issues so the service have now expanded this trial by adding in additional vehicles. HVO is stable, renewable, sustainable, high quality and significantly reduces greenhouse gas emissions. Over 5,000 litres of HVO have been used thus far. Switching to HVO has reduced the associated CO2 emissions for vehicles in the trial by 12.662 tonnes. There is an average variance of £0.50 per litre between the cost of HVO and Diesel. 4.2 Roads & Transportation 4.2.1 Roads Capital Investment Programme The Roads Capital Investment Programme for 2023/24 has commenced. Since April, thirteen carriageways and two footways have been resurfaced. The programme will also include large carriageway patching and surface dressing schemes. 4.2.2 The Drainage Improvements Programme for 2023/24 has also commenced with 20 drainage schemes now complete. 4.2.3 Coal Tar Prior to the 1980’s, tarmac binder materials and surface courses of roads were derived from coal tar which comes from a by-product during the production of coal gas. Coal tar is a carcinogenic material and as such is now classified as a hazardous waste material. Since the 1980’s bitumen has replaced coal tar as the material for use where coal tar would have previously been used. With the changes to waste classification, the Council can no longer sustainably dispose of coal tar where it is identified as an issue and as such has commenced a programme of coal tar testing. We have primarily focused this testing on roads where planned resurfacing works are taking place. There are a few locations where the presence of coal tar has been identified and, as such, these resurfacing schemes have been postponed whilst an alternative approach to dealing with this issue has been developed. Officers have engaged with the commercial market and have identified the use of an innovative solution to recycle the material on site whilst ensuring the road surface received treatment to address the road defects present. We will be trialling this method during next year’s capital programme, with the roads postponed from this year’s programme being treated in this manner. Page 10 of 118
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Our road operations team have also been provided with sampling equipment to ensure the testing can take place when carrying out routine pothole maintenance. Updates will be brought back to future meetings of the Board to highlight progress with this issue. 4.2.4 #YouDecide To date, eight projects have been completed. These have included: Resurfacing the `footpath at Broompark Drive that leads to Inchinnan Primary, Seating installed on pedestrian cycle route on the A8 Greenock Road and access improvements to Glencoats Park. Community consultation surveys were issued in June to determine which items of equipment the public would like to see in the successful park and gym equipment projects. Community engagement is currently on going in Bishopton on roundabout designs. 4.2.5 Road Operations Within Road Operations Team, two employees have successfully passed their Site Management Safety Training Scheme Course. Twelve employees have undertaken tractor and dumper training and sixteen employees have been trained on the use of the roller. This will allow Road Operations to complete a variety of work, which was previously carried out by a contractor, in house. 4.2.6 Roads Statutory Inspection Team The Statutory Team have been inspecting over 60 new developments with 6 sites adopted so far, in this financial year, which includes 1km of roads and footways. From 1 April, a charge for the removal of illegal signage on street furniture was introduced. To date there have been 48 advisory letters and 31 fines issued. The team are now progressing with advisory visits to businesses to encourage the removal of A-frames, which can block pedestrian footways making it difficult for pedestrians to pass safely. Since 1 April, 185 advisory letters have been issued to properties advising them to cut back vegetation which is encroaching on either a road or footway. 4.2.7 Street Lighting and Energy Management From 1 September 2023, the responsibility for the delivery of the streetlighting maintenance function will move from Building Service to the Roads Service. Engagement has taken place with the current workforce to ensure the transition will be as smooth as possible and it is expected that there will be no impact to current service delivery. In addition, the responsibilities for the Energy Management Unit that previously sat within Facilities and Property Services has now moved over to the Climate, Public Protection and Roads Service. Detail of the work undertaken by the team is outlined at section 5.2 of this report. 4.3 Active Travel & Infrastructure Improvement Update 4.3.1 Smarter Choices, Smarter Places Environment, Housing & Infrastructure Services have been successful in their funding applications for Air Quality Improvement and Paths for All. We are working with schools and communities to implement new Active Travel projects as part of the Smarter Choices, Smarter Places funding programme: Page 11 of 118
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Beat the Street This project aims to increase people’s activity levels and improve health. It’s a behavioural change initiative that is focused on a game. During the game, residents record their distance walked/cycled by tapping their ‘Beat the Street’ card on Beat Boxes positioned on lamp posts at various locations. They can view their total distance accumulated online, creating competition whilst rediscovering their local area and it is a game which is suitable for all ages. The game will take place during Autumn 2023 in Renfrew, Erskine, Bishopton, Inchinnan and Langbank. School Active Travel Promotion Up to 20 Primary Schools can engage with a year-long initiative (WOW – Walk to School) that rewards pupils with monthly badges for travelling actively for a set period of days. This is particularly useful to use with schools that report persistent congestion issues. All 50 Primary Schools will receive materials to support a focused Walk to School Week. Living Streets Scotland, charity for everyday walking, will offer support and run additional promotions throughout the year. Not far, Leave the Car Campaign Our BetterPoints initiative in now moving into its second year. The project has reached over 1,110 users across Renfrewshire and allows participants to be rewarded with discounts at local businesses for leaving the car and choosing sustainable travel instead. BetterPoints will continue to support Renfrewshire Council in becoming net-zero by 2030 and to promote healthier, more active lifestyles for local people. Recent campaigns include National Walking Month in May, Bike Week in June and Cycle to Work in August. Scootability This initiative is now continuing into its fourth year where all schools receive the opportunity for their pupils in primary 3 and primary 4 to learn how to safely scoot within their community and to encourage Active Travel to and from school. Newmains, Kirklandneuk and St Anne’s Primary are taking part during the summer months with more to schools enrolling. We have over 550 pupils trained in Scootability, and those schools taking part can apply for funding to have Scooter parking at their school. School Streets This new project allows us to work with all primary schools across Renfrewshire to establish Junior Road Safety Officers where we can run campaigns and fun initiatives with pupils, parents and communities to improve the safety around schools. We want more people to use the car less and to support this, schools will receive resources, materials and recommendations on how they can improve Active Travel and have more people walking, cycling and wheeling to and from school. Various meetings with schools have taken place including St Peters, Langcraigs, Inchinnan, Barsail and Todholm Primary. Smarter Choices for Young People Working with the Council’s Community, Learning and Development team, we are currently putting a new project together to target and engage with young people aged 12 - 25 years to improve travel choices available. An example of this includes continuing working with young people to apply for their National Entitlement Card (NEC) or Young Scot National Entitlement Card (Young Scot NEC) so they can access free bus travel as part of the Young Scot free Bus Pass Programme. Page 12 of 118
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4.3.2 The next phase of the Paisley to Renfrew active travel route including a pedestrian and cycle crossing on Nethergreen Road to Kirklandneuk Primary School have been implemented during the school summer holidays. Repairs to fencing and fly-tipping removal on the ex-rail line section are complete and plans to energise the street lighting on the off-road section are under way in association with Scottish Power. 4.3.3 Work continues in association with Sustrans to improve accessibility to the National Cycle Route Network. An application to extend active travel improvements northwards in Jenny’s Well, parallel with Cartha Crescent, to the footbridge into the ex-BASF housing development has been submitted with news expected in August 2023. This would complement the recently upgraded shared pedestrian and cycle path connecting NCN7 at Hawkhead Road through Jenny’s Well, as well as the installations of bike shelter, bike repair station and accessible path to MUGA in Jenny’s Well. 4.3.4 A public engagement on Bus Partnership funded interventions at the Mill Street/Glasgow Road junction and Gauze Street/Lacy Street junction to promote bus priority will commence in September. The consultation feedback will inform the final design. 4.3.5 At the request of residents and Ward Members, a zebra crossing on Park Road has been converted to a signal-controlled puffin crossing to enhance road safety. 4.3.6 The consultation phase of Southholm Roundabout improvements concluded in June with strong support for two lane approaches for vehicles and pedestrian/cycle connections. Next phase of this feasibility study will be an application to Sustrans funding for detailed design works. 5. Climate Change 5.1 Biodiversity Seeding of eleven additional wildflower areas for 2023 was completed and these areas have flowered. We are currently finalising plans for the autumn maintenance of these areas to reduce nutrients and prepare for the perennial plants to flourish and flower next year. We are reviewing the next tranche of sites and will shortly commence preparation of the next 11 areas in advance of the winter and have these ready for seeding. 5.2 Energy Management 5.2.1 ECO4 Flex The UK Government has introduced a new funding stream to help reduce carbon emissions called ECO4 Flex which supersedes ECO3 Flex, a scheme that Renfrewshire Council was previously signed up to. ECO4 Flex will allow the Council to provide funding to Renfrewshire’s private sector, fuel poor households that do not meet criteria for other schemes, as well as low-income households that are vulnerable to the effects of the cold. The scheme is part of the UK Government Energy Company Obligation and will be advertised in the National Press to maximise the funds uptake. Page 13 of 118
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The qualifying criteria for ECO-Flex, as set by Ofgem, is published on our website in a document called a Statement of Intent. ECO-flex will apply to owner occupier and private rented accommodation. ECO-flex, does not apply to Council Housing or Registered Social Landlords. The table below highlights the savings ECO4 Flex has achieved to date based on annually recurring savings: Financial Year Value of Grant Funding Requested (£) Total Annual Consumption Saving (kW) Total Annual CO2 Saving in Kg Total Annual Cost Saving (£) 2023/24 £627,560 256,412 119,644 £41,385 5.2.2 Local Heat and Energy Efficiency Strategies (LHEES) SWECO Limited have been appointed to assist Renfrewshire Council in delivering the LHEES strategy before the end of 2023. An LHEES Officer has been appointed to deliver the strategy. An internal working group has been formed with key officers from across the Council meeting every 4 weeks to help shape the strategy. A public stakeholder engagement event was undertaken on 28 June 2023 with positive feedback that will feed into the core themes of the strategy. 5.2.3 Energy Advocacy The Energy Advocacy service has been brought in-house. The 4 staff members previously employed by The Wise Group have now been transferred over to Renfrewshire Council and reside across both the Energy Management Unit and Housing. This comes during a cost-of-living crisis and will help residents of all tenure within Renfrewshire. 6. Team Up to Clean Up 6.1 More than 300 new members joined the Team Up to Clean Up Facebook platform in the last 3 months. As such, over 4,650 members regularly engage, and/or volunteer, in supporting local environmental quality. Group engagement remains high with a 160% increase in comments over the same period. This demonstrates the positive impact and growth of the group. 6.2 To demonstrate appreciation of volunteer’s efforts, the most active volunteers were invited to attend a Community Development Volunteer Appreciation event on Monday 5 June. 26 Team Up to Clean Up volunteers attended, receiving a certificate and a small gift. Volunteers were treated to tea, coffee and cake, while entertained with a quiz featuring fun questions and photographs relating to previous group activity and highlights. The event presented an opportunity to thank participants for their efforts and for them to network. Over 40 Team Up to Clean Up T-shirts were distributed at the event. Further opportunities to receive t-shits and Take the Lead merchandise were offered at local sites and a supply has been delivered to local libraries to enable volunteers to pick up at their convenience. Page 14 of 118
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6.3 The Taskforce have a focus on educating local businesses, supporting them to reduce local flytipping where possible. Three commercial incidents have been reported this year outside the Rannoch Road Quarry, a site of significance after appearing on BBC1’s Dispatches. After speaking with the Taskforce, the site owner installed a camera as a preventative measure and agreed to share future evidence obtained with the Team. A Renfrewshire vehicle rental company provided evidence for a witnessed flytipping incident which resulted in the issue of a fixed penalty Notice. 6.4 During a meeting with SEPA (Scottish Environmental Protection Agency), the Taskforce learned of Fixed Monetary Penalties (FMP). This is a unique power to SEPA who can issue fines up to £40,000 for flytipping, avoiding the need for a submission to the Procurator Fiscal. One of the cases being prepared by the Taskforce for submission has been requested by SEPA to take forward. The case relates to a “white van man” operation. SEPA have arranged for a block on all related social media for the individual/company, so they cannot now advertise personally, or as the company name, for business. This will be a useful tool going forward. 6.5 The Take the Lead Campaign has so far secured over 250 Pledges from Renfrewshire dog owners. The Campaign will continue to be promoted through Team up to Clean Up and items for signatories, will be available from local libraries. The Environmental Taskforce further offered branded items to volunteers and those signing the Pledge at various drop-in sessions across the summer. 6.6 The Scottish Government, in partnership with Keep Scotland Beautiful, Zero Waste Scotland and the Scottish Environmental Protection Agency, released an updated National Litter and Flytipping Strategy on 28 June 2023. The strategy aligns future action closely with Scotland’s circular economy and considers the positive impacts upcoming changes in legislation will have in tackling the current throw away culture. The strategy further links pollution, caused by litter and flytipping, in with climate change and biodiversity loss as recognised in the United Nations Making Peace with Nature report. 6.7 The accompanying 2023-24 Action Plan outlines significant actions which will be launched in the next 12 months: Powers to issue fixed penalty notices on the drivers of vehicles from which litter is discarded, Fixed penalty notices issued to householders who fail to take responsibility for their household own waste, Increased fixed penalty notice of £200 to £500 for flytipping, which may increase to £1,000 in future, Working with SEPA to improve their scrutiny and control over applicants for a Waste Carriers License Increased use of digital technologies to detect and disrupt unregistered or rogue waste carriers advertising on online forums, and Powers to seize vehicles involved in flytipping. 6.8 It is anticipated that the Environmental Taskforce will be well placed to enforce these new powers, in particular, the fixed penalty notices. The Team is looking forward to the introduction of these changes and to the benefit’s new resources such as litter hubs and educational tools will have on communities and the Team up to Clean Up Campaign. Page 15 of 118
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6.9 The table below offers some key statistics of the work delivered by the Taskforce over this period: 7. Waste and Recycling Services 7.1 Waste Services have been successful in applying for funding through Material Focus to increase the recycling of Small Waste Electrical and Electronic Equipment (WEEE) across Renfrewshire. This will see collection points installed for Small WEEE within community facilities across Renfrewshire, such as libraries, with the support of colleagues in One Ren. The main aim of this project is to increase access of small WEEE recycling and to divert these materials from household general waste bins. This will be managed by Waste Services and our compliance scheme partner REPIC. The funding also includes a communications campaign to promote the service and it is expected that this will go live in September. 7.2 The Circular Economy (Scotland) Bill was posted on 13 June 2023. The Bill requires Scottish Ministers to introduce measures to help develop a circular economy which will tackle waste and increase reuse and recycling rates. The provisions of the Bill that affect local authorities are as follows: Householder’s duty of care in relation to waste: making it a criminal offence for a householder to breach their existing duty of care under the Environmental Protection Act 1990, in relation to the transfer of waste, and creating a new fixed penalty regime to enforce these duties. Household waste: requiring local authorities to comply with a code of practice on collection and recycling and giving local authorities a package of new responsibilities and powers, including powers for the Scottish Ministers to set recycling targets for local authorities. Littering from vehicles: establishing a new civil penalty regime that will make the keeper of a vehicle liable to pay a civil penalty charge in respect of a littering offence committed from that vehicle. Enforcement powers in respect of certain environmental offences: improving enforcement against fly-tipping and other waste crime through a power allowing the Scottish environment Protection Agency (SEPA) and local authorities to seize vehicles involved in specified waste crime. Action April – 22 June Cumulative from 1 December Proactive visits to identified hotspot areas 602 1281 Number of reports investigated 565 1181 Tonnes of flytipping removed 145 360 Number of sites secured to prevent further flytipping 2 8 Letters to private landowners 31 65 Visits to businesses to ensure Waste Disposal Arrangements in place 35 81 Fixed Penalty Notices Issued 12 47 Page 16 of 118
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7.3 A call for evidence on the Circular Economy Bill was made by the Scottish Parliament’s Net Zero, Energy and Transport Committee. However, due to the timeframe for response, CoSLA will be providing a representation on behalf of local authorities. 7.4 New rules to ensure packaging producers pay for the cost of recycling their packaging are being deferred a year from October 2024 to 2025. Producers have already started to use less packaging and adopt easier to recycle packaging formats, ensuring that costs are not then passed onto households later on. The decision to defer producer payments was taken jointly with the devolved administrations and will provide industry, local authorities and waste management companies with more time to prepare to ensure the success of the scheme, helping make sure it is best designed to deliver on long term recycling goals while supporting households with the immediate challenge of high prices caused by inflation. Producers will pay authorities the full net costs of running efficient and effective kerbside collection services for household packaging waste, Packaging EPR will support Councils to deliver services to agreed standards. It will also act as an incentive to producers to reduce packaging leading to lower volumes of waste to collect and maximise the opportunities for households in the authority area to dispose of packaging waste responsibly. 7.5 The launch of Scotland’s Deposit Return Scheme will be delayed until at least October 2025. Discussion on a UK wide scheme to support business and the internal market act requirements are ongoing and Council will keep involved in discussions through networks and COSLA to understand the implications for Renfrewshire in the years ahead. 7.6 The Garden Waste Permit Scheme has progressed well, each household was provided with an information pack explaining how the system would work, also, the Waste Strategy Team arranged 14 Roadshows around the Renfrewshire area for residents to discuss and ask questions. The scheme has received great support from residents and communities, we have issued over 26,500 permits to households across Renfrewshire and this number continues to grow, this is approaching a 40% uptake across the council area, which is inline with what other councils that implemented similar schemes achieved in the first year, and higher than projected for Renfrewshire in the first year. When introducing the scheme some elected members raised concerns of the possibility of fly tipping, there has been no increase in fly tipping incidents relating to garden waste reported since the scheme was introduced compared to the same time period of last year, with a single figure report received. There has been an increase in garden waste material going through the HWRC’s and a corresponding decrease in garden waste collected from household routes. 7.7 Train the Trainer for the new Roller packer and mobile waste compactors within the HWRC’s has been completed by the manufacturer and training is being rolled out to waste operatives. This new equipment was purchased with circa £370k of funding from the Scottish Governments Recycling Investment Fund and will increase capacity at the HWRCs and reduce the amount of vehicle movements increasing efficiency. 7.8 Also, three members of staff within Environment, Housing and Infrastructure have been successful in their application for a fully funded Business Management degree at Glasgow Caledonian University. Page 17 of 118
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8. StreetScene 8.1 The Grass cutting programme has continued over the summer to complete the cyclical fortnightly grass cutting and we are now on the second cycle of hedge cutting in line with the grass cutting model which is due to be completed, weather dependent, at the end of October. 8.2 Renfrewshire Council has been advised, by Scottish Forestry, of infections in Larch tree stock on Gleniffer Braes. Subsequently, a formal Statutory Plant Health Notice has been served on Renfrewshire Council. There is a legal requirement to remove the 3,500 trees and works are underway to have this competed with no impact on nesting birds. There are significant car park closures/restrictions and road closures/restrictions during works to ensure public safety. 9. Play Parks 9.1 Tenders for the agreed and planned refurbishment of Howwood Park Toddler / Junior, Houston Public Park and Inchinnan Playing Field play areas have been awarded and work will commence slightly later than planned in Autumn 2023. Consultation surveys were completed late June for four play areas to be renewed as part of the #YouDecide project. These are Jenny’s Well, Paisley; South Candren Village Green, Paisley; Glebe Street, Renfrew and Station Road, Langbank. Installation of these sites is estimated to begin late in 2023 / early 2024, on the basis of valid bids being received for all contracts. 9.2 Consultation surveys were completed for a further 6 play areas late June and these are Miller Street, Johnstone; Anne Avenue, Renfrew; Netherhill Road, Paisley; Victory Gardens, Renfrew, Tannahill Crescent, Johnstone and Urquhart Crescent, Renfrew. Renewal specifications were prepared using the results of the consultation surveys and contracts for each of the play areas are currently out to competitive tender. Installation of these sites is estimated to begin late in 2023 / early 2024, on the basis of valid bids being received for all contracts. 9.3 Refurbishment of the Multi Use Games Area (MUGA) at Netherhill Road in Gallowhill is scheduled and should take about 2 – 3 weeks on site to complete. 9.4 Some early works to repair a footbridge at the Durrockstock Park pond were carried out in July. More extensive repairs to the masonry surrounding the pond edge were carried out in July & August. 9.5 Some essential repairs were carried out at Renfrew Skatepark in late May and June and it is anticipated that some further refurbishment will be carried out in Autumn 2023. 10. Cemeteries 10.1 Two further road sections at Hawkhead Cemetery have been upgraded in terms of kerbing, drainage and road surfacing works. The external railings and main entrance gate have been painted. New upgraded seating in the baby garden has been installed. The area has been enhanced further with the planting of new trees and we await the installation of two memorial plaque structures so that loved ones can have the option of a plaque dedicated to their baby. Page 18 of 118
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Implications of this report 1. Financial – As detailed in 4.1.3 the HVO trial comes at an average additional cost of £0.50 per litre. 2. HR and Organisational Development – Training is detailed in sections 4.1.2, 4.2.5, 7.7 & 7.8 of this report. 3. Community/Council Planning – Our Renfrewshire is thriving / Reshaping our place, our economy and our future - the service is actively involved in the Invest in Renfrewshire scheme and investing in road network to support and facilitate economic growth. Creating a sustainable Renfrewshire for all to enjoy - working in partnership with the community to deliver a cleaner Renfrewshire. Promoting and encouraging waste minimisation through reducing, reusing and recycling. Reducing carbon emissions, through LED streetlights and electric and low emission vehicles within the Council fleet. Our Renfrewshire is well - the service encourages use of our parks and open spaces to promote a healthy and active lifestyle. 4. Legal – There is a legal requirement to remove 3,500 Larch trees in Gleniffer Braes. Following the advice provided by Scottish Forestry as mentioned in section 8.2 of this report. 5. Property/Assets – The Council’s roads, fleet and open space infrastructure is maintained and enhanced. 6. Information Technology – None 7. Equality & Human Rights – The recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report. If required following implementation, the actual impact of the recommendations and the mitigating actions will be reviewed and monitored, and the results of the assessment will be published on the Council’s website. 8. Health and Safety – None. 9. Procurement – None. 10. Risk – None. 11. Privacy Impact – None. 12. Cosla Policy Position – None. 13. Climate Risk – The trial of Hydrotreated Vegetable Oil in fleet vehicles has had a positive impact on reducing the climate risk associate with fuel emissions across the vehicles used in the ongoing trial. The reduction in CO2 will continue to be monitored as the trial progresses. The provisions of the Circular Economy (Scotland) Bill published on 13 June 2023 will be considered and closely monitored to determine the impact of these measures on climate risk. Page 19 of 118
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List of Background Papers: None Author: Gordon McNeil, Director of Environment, Housing & Infrastructure Page 20 of 118
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To: Infrastructure, Land and Environment Policy Board On: 30 August 2023 Report by: Director of Finance & Resources, Director of Environment and Infrastructure & Director of Communities and Housing Heading: Revenue and Capital Budget Monitoring as at 23 June 2023 1. Summary of Financial Position 1.1. The projected Revenue outturn as at 31 March 2024 for Infrastructure, Land and Environment is an overspend position of £2.348m (7.6%) against the revised budget for the year. 1.2. The projected Capital outturn as at 31 March 2024 for Infrastructure, Land and Environment is a break-even position. 1.3. This is summarised over the relevant services in the table below and further analysis is provided in the attached appendices. Table 1: Revenue Division Revised Annual Budget Total Projected Outturn Budget Variance (Adv)/Fav Budget Variance £000 £000 £000 % Environment and Infrastructure 30,806 33,154 (2,348) (7.6%) Table 2: Capital Division Revised Annual Budget £000 Total Projected Outturn £000 Budget Variance (Adv)/Fav £000 Budget Variance % Environment and Infrastructure 16,676 16,676 0 0% ___________________________________________________________________ Item 3 Page 21 of 118
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2. Recommendations It is recommended that the Infrastructure, Land and Environment Policy Board: 2.1 Note the projected Revenue outturn position as detailed in Table 1 above; 2.2 Note the projected Capital outturn position as detailed in Table 2 above; and 2.3 Note the Revenue and Capital budget adjustments detailed in sections 4 and 6. ___________________________________________________________________ 3 Revenue 3.1 The Revenue Budget Monitoring report at Appendix 1 identifies a projected annual overspend of £2.348m (7.6% of total budget) for Infrastructure, Land and Environment. Narrative is provided in the Appendices below to provide context and explanation to the budget position for service areas. 3.2 The projected costs for this financial year are based on the financial information available at the time of writing this report, and future projections and outturns may vary depending on the operational and current market conditions. 3.3 The forecast financial overview for the Council being reported to Finance, Resources and Customer Services Board incorporates the overspend position reflected in this report. 3.4 The main reasons for the projected outturn position are indicated below, with the tables showing both the subjective analysis (what the budget is spent on) and the objective analysis (which division is spending the budget). The main drivers are the loss of parking income, as has been the case since the beginning of the pandemic, refuse collection costs that are largely driven by inflationary pressures, absence cover as a result of annual leave and sick leave, and the impact of other inflationary pressures across the services. 3.5 It should also be noted that additional expenditure has been incurred as a result of ongoing tree management work that the Streetscene team is legally obligated to carry out. However, further analysis is required to be undertaken and the detailed report also being presented to this board provides further background information, including the estimated financial costs. 4 Revenue Budget Adjustments 4.1 Since the last report there have been net budget adjustments of £317k, reflecting a number of savings targets for 2023/24 incorporated into the reported position, as well as a drawdown from reserves. Page 22 of 118
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5 Capital 5.1 The Capital Investment Programme 2023/24 to 2027/28 was approved by the Council on 2 March 2023. The approved spend for 2023/24 at that time was £11.868m. 5.2 The Capital Monitoring report at Appendix 2 indicates adjustments in the approved capital programme of £4.808m. This mainly arises from new grant funding for projects including Cycling, Walking & Safer Routes and Strathclyde Passenger Transport and budget carried into 2023/24. 5.3 The projected outturn at 31 March 2024 is to break-even. 5.4 Further detail, including reasons for significant variances, can be found at Appendix 2. 6 Capital Budget Adjustments 6.1 Since the last report, budget adjustments of £4.808m have arisen, which reflect the following changes: o Net budget reprofiled from 2022/23 to 2023/24 £0.721m to reflect updated cash flows for the following projects; Roads Footways £0.374m; Vehicle Replacement Programme £0.124m; Bridge Assessment/Strengthening (£0.133m); Light Columns Replacement £0.053m; Traffic Management £0.061m; Core Pathways & Cycle Network £0.051m; Improvement to Outdoor Access £0.160m; Nature Restoration Fund £0.031m. o Budget increases in 2023/24 £4.087m: Cycle, Walking & Safer Routes - £0.363m for grant awarded from Active Travel Roads and Footways - £0.500m funding from Investment Capital Fund to meet committed costs for 2023/24; Traffic Management £0.300m for capital element of funding approved by Council on 2 March 2023 to support delivery of roads improvements and traffic reduction measures; Public Litter Bin Replacement - £0.090m to reflect funding approved by Council on 2 March 2023 to support first year of public litter bin replacement programme; Renewal of Play Parks - £0.350m for capital element of play park renewals approved by Council on 2 March 2023; Page 23 of 118
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Nature Restoration Fund - £0.199m for Scottish Government Grant award for 2023/24; Strathclyde Passenger Transport - £1.485m for grant funding awarded by Strathclyde Passenger Transport. Roads and Footways - £0.800m brought forward from 2024/2025 to support commitment costs. ___________________________________________________________________ Implications of this report 1. Financial – The projected outturn position for the Infrastructure, Land and Environment Revenue budget is an overspend of £2.348m. The projected outturn position for the Infrastructure, Land and Environment Capital budget is a break-even position. 2. HR and Organisational Development None directly arising from this report. 3. Community/Council Planning None directly arising from this report. 4. Legal None directly arising from this report. 5. Property/Assets Capital projects result in lifecycle improvements and replacements to Roads & footways network and vehicles. 6. Information Technology None directly arising from this report. 7. Equality and Human Rights The recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report because for example it is for noting only. If required following implementation, the actual impact of the recommendations and the mitigating actions will be reviewed and monitored, and the results of the assessment will be published on the Council’s website. 8. Health and Safety None directly arising from this report. 9. Procurement None directly arising from this report. Page 24 of 118
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10. Risk The potential risk that the Council will overspend its approved budgets for the year will be managed at a Council-wide level by the Chief Executive and Directors. 11. Privacy Impact None directly arising from this report. 12. 13. Cosla Policy Position N/a. Climate Risk None directly arising from this report. __________________________________________________________________ List of Background Papers Revenue Budget and Council 2023/24. Council, 2 March 2023 Non Housing Capital Investment Programme, Prudential Framework and Treasury Management Strategy, and Capital Strategy 2023/24 – 2027/28. Council, 2 March 2023. ___________________________________________________________________ Authors: Alastair MacArthur, Director of Finance & Resources and Gordon McNeil, Director of Environment, Housing & Infrastructure Page 25 of 118
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Appendix 1 Objective Summary Approved Annual Budget Budget Adjustments Revised Annual Budget at Period 3 Projected Outturn £000 £000 £000 £000 £000 % Directorate and Service Co‐ordination 1,293 (22) 1,271 1,101 170 13.4% Refuse Collection 5,727 (961) 4,766 5,811 (1,045) (21.9%) Household Waste Recycling Centres 806 130 936 1,019 (83) (8.9%) Refuse Disposal 7,052 (6) 7,046 7,120 (74) (1.1%) Streetscene 6,104 711 6,815 7,137 (322) (4.7%) Sustainability and Place 653 (210) 443 465 (22) (5.0%) Fleet Services (84) 0 (84) 12 (96) (114.3%) Social Transport 1,597 0 1,597 1,565 32 2.0% Roads Operations 3,075 (10) 3,065 3,019 46 1.5% Infrastructure and Assets 1,832 12 1,844 1,876 (32) (1.7%) Transportation & Development 1,028 22 1,050 1,050 0 0.0% Parking of Vehicles (1,128) (53) (1,181) (259) (922) (78.1%) Strathclyde Partnership for Transport Requisition 3,168 70 3,238 3,238 0 0.0% NET EXPENDITURE 31,123 (317) 30,806 33,154 (2,348) (7.6%) RENFREWSHIRE COUNCIL REVENUE BUDGET MONITORING STATEMENT 2023/24 1 April 2023 to 23 June 2023 Budget Variance (Adverse) or Favourable POLICY BOARD : INFRASTRUCTURE, LAND AND ENVIRONMENT Page 26 of 118
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Appendix 1 Objective Heading Key Reasons for Projected Variance Waste Services This reflects the financial position for Refuse Collection, Refuse Disposal and Household Waste Recycling Centres. In the main the overspend relates to increased costs relating to bins, caddies and bin liner supplies. Both Streetscene and Waste Services are currently experiencing high levels of overtime that is likely to continue throughout this financial year. This is due to two additional annual leave days within the pay award, additional public holidays and 2024 being a leap year, (6 extra days). In addition, the LGV driver training referred to in the Operational Performance Report will result in a further 4 days to be covered for drivers. In addition, there has been a reduction in demand for special uplifts, as well as increased tonnage costs despite reduced levels of waste being disposed of, resulting in an overspend on the Clyde Valley Waste contract. However, the market is highly volatile and as a result this will be closely monitored through the remainder of the year. The finance team is working closely with the service to review the current methods of projecting the tonnages for each of the waste streams. Streetscene The current projected overspend within Streetscene largely relates to additional tree management and associated health and safety issues, such as tree inspections and tree health monitoring, including Ash Dieback and Larch infection activities. It should be noted that the level of work with regards to the tree management activities being undertaken has increased significantly and this has been reflected into the revised outturn position. Like other areas within the service, the projected outturn is showing inflationary pressures in other supplies and services. This will be closely monitored through the remainder of the financial year. A report will be present to ILE on 30 August 2023 with regards to Tree Management. Social Transport The service is reflecting a projected underspend mainly as a result of vacancies. However, it should be noted that this will be monitored throughout the remainder of the financial year and any changes will be reported to future boards. Infrastructure and Assets The current forecast reflects a projected overspend as a result reduced construction consent income being offset by a projected over‐recovery in sales, fees and charges. Due to the income generated in sales, fees and charges being of a reactive nature, this is an area that is difficult to predict, however this position will be closely monitored for the remainder of the financial year. Page 27 of 118
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Appendix 1 Parking of Vehicles Off‐street parking charges have been reintroduced for a significant period of time, however on and off street parking income and fine recovery remain significantly lower than pre‐pandemic levels and this is expected to continue for the rest of the financial year. In 2022/23 an under recovery of £1m was incurred, with a similar amount being forecast for 2023/24. Assuming there is no change, the under‐recovery is expected to continue for 2023/24. It should be noted that the position will be closely monitored throughout the year, with an expected drawdown from ringfenced reserves being actioned if required at the end of the financial year to cover any shortfall that may result during 2023/24. Page 28 of 118
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Appendix 1 Subjective Summary Approved Annual Budget Budget Adjustments Revised Annual Budget at Period 3 Projected Outturn £000 £000 £000 £000 £000 % Employees 22,642 319 22,961 23,526 (565) (2.5%) Premises Related 1,023 200 1,223 1,324 (101) (8.3%) Transport Related 5,902 15 5,917 6,147 (230) (3.9%) Supplies and Services 11,965 42 12,007 13,000 (993) (8.3%) Third Party Payments 3,201 70 3,271 3,259 12 0.4% Transfer Payments 108 0 108 148 (40) (37.0%) Support Services 34 0 34 46 (12) (35.3%) Depreciation and Impairment Losses 0 0 0 0 0 0.0% GROSS EXPENDITURE 44,875 646 45,521 47,450 (1,929) (4.2%) Income (13,752) (963) (14,715) (14,296) (419) (2.8%) NET EXPENDITURE 31,123 (317) 30,806 33,154 (2,348) (7.6%) Budget Variance (Adverse) or Favourable RENFREWSHIRE COUNCIL REVENUE BUDGET MONITORING STATEMENT 2023/24 1 April 2023 to 23 June 2023 POLICY BOARD : INFRASTRUCTURE, LAND AND ENVIRONMENT Page 29 of 118
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Appendix 2 Prior Years Approved Budget Revised Projected Expenditure Budget Adjustments Budget Outturn Total Approved Projected to 31/03/2023 2023‐24 in 2023‐24 2023‐24 2023‐24 Budget Outurn Project Title to 31‐Mar‐27 to 31‐Mar‐27 £000 £000 £000 £000 £000 £000 £000 ENVIRONMENT & INFRASTRUCTURE Cycling, Walking & Safer Routes 0 786 363 1,149 1,149 0 0% 1,149 1,149 0 0% Roads/Footways Upgrade Programme 73,464 5,848 1,674 7,522 7,522 0 0% 81,785 81,785 0 0% Vehicle Replacement Programme 0 2,235 124 2,359 2,359 0 0% 2,359 2,359 0 0% Bridge Assessment/Strengthening 0 680 (133) 547 547 0 0% 547 547 0 0% Lighting Columns Replacement 0 1,012 53 1,065 1,065 0 0% 1,065 1,065 0 0% Traffic Management 0 0 361 361 361 0 0% 361 361 0 0% Core pathways & cycle network 85 64 51 115 115 0 0% 200 200 0 0% Parks Improvement Programme 2,237 63 2 65 65 0 0% 2,302 2,302 0 0% Improvements to Outdoor Access and Play Area Programm 1,553 161 160 321 321 0 0% 1,873 1,873 0 0% Multi Pupose Bins 60 20 0 20 20 0 0% 80 80 0 0% Public Litter Bin Replacement Programme 0 0 90 90 90 0 0% 90 90 0 0% Improvements to Cemetery Estate 1,238 305 (2) 303 303 0 0% 1,541 1,541 0 0% Renewal of Play Parks 158 307 350 657 657 0 0% 2,044 2,044 0 0% Nature Restoration Fund 191 387 230 617 617 0 0% 808 808 0 0% Strathclyde Partnership Transport 0 0 1,485 1,485 1,485 0 0% 1,485 1,485 0 0% TOTAL INFRASTRUCTURE, LAND & ENVIRONMENT BOARD 78,986 11,868 4,808 16,676 16,676 0 0% 97,689 97,689 0 0% *Rolling programmes have a prior year year expenditure of £0 as the expenditure is not directly linked from one year to the next as a singular project. Budget Variance (Adverse) or Favourable Budget Variance (Adverse) or Favourable RENFREWSHIRE COUNCIL CAPITAL INVESTMENT STRATEGY ‐ NON‐HOUSING SERVICES 1st April to 23rd June 2023 POLICY BOARD: INFRASTRUCURE, LAND & ENVIRONMENT Current Year 2023‐24 Full Programme ‐ All years Page 30 of 118
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To: INFRASTRUCTURE, LAND AND ENVIRONMENT POLICY BOARD On: 30 August 2023 Report by: DIRECTOR OF ENVIRONMENT, HOUSING & INFRASTRUCTURE Heading: Renfrewshire Council Proactive Tree Management 1. Summary 1.1 This report and attached appendices set out the way the Council will proactively manage its tree assets across Renfrewshire, to provide a safe environment for all residents and visitors to utilise roads, footpaths & cemeteries and enjoy the Councils open spaces. 1.2 The guiding principles that will be followed by officers when managing the Councils natural capital of trees in Council ownership is also laid out within the documentation. 1.3 The Tree Risk Management Strategy (Appendix 1) and the Operational Tree Management Policy (Appendix 2) objectives are to: Create and maintain a safe environment for all residents and visitors Maintain, develop, and increase our natural capital assets as part of the climate change and carbon capture agenda Reduce the risk of tree failure and associated costs to the Council Mitigate the impact of Ash Dieback and Larch Infection and other tree diseases and infections in a systematic way Ensure that requests for tree management are dealt with consistently, proportionately, objectively, and impartially across Renfrewshire. Continue to review and develop policy to respond to emerging local and national requirements 2. Recommendations It is recommended that the Infrastructure, Land and Environment Policy Board: 2.1 Approves the Tree Risk Management Strategy and the Operational Tree Management Policy as attached at Appendices 1 and 2, noting the resulting financial implications; and Item 4 Page 31 of 118
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2.2 Approves the use of unallocated reserves to fund associated 2023/24 costs, with future costs to be incorporated into financial planning proposals from 2024/25 onward. 3. Background 3.1 Renfrewshire Council is responsible for the management of its trees at various sites across the authority. The Health and Safety at Work Act 1974 section 3 places a duty on the Council to ensure the council conducts its undertakings in such a way to, so far as is reasonably practicable, that persons other than themselves are not exposed to risks to their health and safety. The Policy and Management Strategy set out in appendices 1 & 2 support the Council’s proactive management of trees across Renfrewshire. 3.2 Tree infections have entered the UK and spread rapidly over the course of the last few years, as a result of this the Council has and will continue to require identification and removal of infected trees across Renfrewshire. In the past 12 months the Council has been notified by Scottish Forestry of outbreaks of tree diseases and infections within Renfrewshire that the council has a legal obligation to address. Advice from The Tree Council is these will increase in number and in scale across the country and Local Authorities need to be ready to deal with these. The Policy and Management Strategy set out in appendices 1 & 2 are designed to mitigate the impact of Ash Dieback disease and Larch infection in a pragmatic and systematic way. 3.3 Renfrewshire Council has declared a climate emergency, tree planting is crucial in proactively tackling climate change and improving the environment for the generations to come. Trees have a role in offsetting carbon emissions and the Council has an aspiration to increase the number of trees, therefore the replanting policy will replace one with one as a minimum across the authority, assisting in reduction of our carbon footprint. Section 3 of the Policy in appendix 2 outlines the Council’s approach to increase tree planting. 4. Resourcing 4.1 The Council currently employs a Tree and Woodland Supervisor and 5 FTE Arborists; however, it is recognised that the introduction of the Tree Risk Management Strategy and the Operational Tree Management Policy will require additional resources to fulfil all obligations around proactive tree management. 4.2 It is anticipated that the full-year additional cost of the proposed structure will be £650k will be required every year, including contractor costs. In 2023/24, £450k will be incurred if the policy, strategy and resourcing are approved. It is proposed that unallocated reserve balances are used to fund this part-year cost, with the full-year pressure being incorporated into the revenue estimates process for 2024/25. Implications of the Report 1. Financial – It is anticipated that the full-year additional cost of the proposed structure is £650k. It is proposed that unallocated reserve balances are used to fund part-year costs in 2023/24, with the full-year pressure being incorporated into the revenue estimates process for 2024/25. Page 32 of 118
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2. HR & Organisational Development – Business Support to provide required administrative support in line with this statutory duty co in the Act 3. Community/ Council Planning – It is essential to liaise with local communities and to encourage stakeholder involvement. 4. Legal – Legal consideration for Occupiers’ Liability (Scotland) Act 1960, Health & Safety at Work Act 1974 and the Road (Scotland) Act 1984. 5. Property/Assets – Woodlands and areas around properties owned by Renfrewshire Council. 6. Information Technology – Requirement for staff input mapping details of incidence of diseased trees on the council’s Geographic Information System. 7. Equality & Human Rights - The recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report. If required following implementation, the actual impact of the recommendations and the mitigating actions will be reviewed and monitored, and the results of the assessment will be published on the Council’s website 8. Health & Safety – Issue of safety for the road network, paths, woodlands for workers and for members of the public. . 9. Procurement – Potential to use existing frameworks for contractor related assistance. 10. Risk – Reputational risk for council with dangerous trees such as potential road closures and of negative press over ash dieback management and public outrage and/or anxiety. 11. Privacy Impact – none 12. Cosla Policy Position – none 13. Climate Risk - n/a List of Background Papers - Ash-Dieback-Action-Plan-Toolkit-for-Scotland-June-2021 Author: Ken Gray, StreetScene Manager Page 33 of 118
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1 APPENDIX Tree Risk Management Strategy Environment, Housing & Infrastructure August 2023 APPENDIX 1 Page 34 of 118
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Tree Risk Management Strategy 2 Contents 1. Introduction ....................................................................................... 3 2. Scope ................................................................................................. 3 3. Legal Position .................................................................................... 3 4. National Guidance on Tree Risk Management .................................. 3 5. Tree Risk ............................................................................................. 4 6. Tree Management .............................................................................. 5 7. Work Priority ...................................................................................... 5 8. Site Scope .......................................................................................... 6 9. Trees on Private Land ........................................................................ 6 10. Ash Dieback ........................................................................................ 7 11. Larch Infection (phytophthora ramorum) & Infections ..................... 7 Page 35 of 118
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Tree Risk Management Strategy 3 1. Introduction Renfrewshire Council is responsible for the management of its trees at various sites across the authority. The Health and Safety at Work Act 1974 section 3 places a duty on the Council to ensure the council conducts its undertakings in such a way to, so far as is reasonably practicable, that persons other than themselves are not exposed to risks to their health and safety. The Council takes its responsibilities seriously and has developed a tree risk strategy as part of the programme. The strategy seeks to strike a balance between the risks presented by trees and the environmental, social, and economic benefits they provide. 2. Scope This tree risk management strategy will describe how the Council will manage risk from falling trees in land within Council ownership. Privately owned trees fall outside the scope of this strategy. 3. Legal Position The Occupiers Liability (Scotland) Act 1960 places a duty of care on the Council to ensure, as far as is reasonably practicable, that nobody suffers injury, harm, or damage to their property from trees under Council ownership. This Act requires businesses (such as the Council) to ensure that risks to third parties are reduced as far as is reasonably practicable. In addition, the Management of Health and Safety at Work Regulations 1999 require employers to make suitable and sufficient assessment of the risk to the health and safety of persons not in its employment arising out of or in connection with the conduct of the business. By carrying out surveys as part of this tree risk strategy, the Council will be taking appropriate measures in respect of the aforementioned legislation. 4. National Guidance on Tree Risk Management The National Tree Safety Group (NTSG), formed in 2007 developed a nationally recognised approach to tree safety management. The NTSG’s guidance document ‘Common Sense Risk Management of Trees’ provides authoritative and nationally recognised guidance on Page 36 of 118
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Tree Risk Management Strategy 4 best practice in relation to tree risk management and provides the key principles, this guidance underpins the development and production of this document by: Giving practical and comprehensive advice to owners and property managers responsible for trees in diverse locations whether in remote or frequent public access areas. Setting out what tree owners and managers should do to manage their trees for safety in a balanced and proportionate way, and details what is legally required for them to fulfil their duty of care. The NTSG’s guidance states that tree owners should take a balanced and proportionate approach to tree management, covering and three essential aspects: Zoning - evaluating sets in relation to people or property Tree Inspection – assessing for obvious tree defects Managing risk at an acceptable level – identifying, prioritising, and undertaking safety works according to level of risk. The NTSG guidance document was produced by a broad partnership of stakeholder organisations and has been endorsed by the Health and Safety Executive (HSE). 5. Tree Risk Despite the low risk to society in general from tree failures, it is necessary for the duty holder to ensure it is as low as reasonably practicable. The HSE describe the general risk from falling trees resulting in serious injury or death as low and as “broadly acceptable” within the Tolerability of Risk Framework. A balance is therefore required to be struck between the costs and benefits of risk reduction. As a consequence, public perception of tree risk is increased. The duty holder must ensure that no unnecessary tree works are carried out that may reduce tree related benefits and put pressure on limited tree management resource. The routine, proactive surveying of trees outlined within this strategy ensures our response is reasonable and proportionate to the risks that trees pose. Page 37 of 118
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Tree Risk Management Strategy 5 6. Tree Management The approach to managing the Council's tree stock is based on good management practice, and in particular on the guidance produced for the owners and managers of trees by the Health & Safety Executive. Good management practice is not set out in any one text, but the Council will be guided in its approach to achieving the right balance between safety and the conservation of amenity by the document "Common sense risk management of trees", produced in 2012 by the National Tree Safety Group and endorsed by many bodies, including the Health & Safety Executive. Renfrewshire Council aims to works towards a five-year cycle system of Visual Tree Inspections (VTA’s). Proactive routine inspections will enable the council to identify any works to make their trees reasonably safe, with survey data being recorded on the Council’s tree database. Tree inspections will be undertaken by people who are qualified, competent (the relevant skills, knowledge, experience and training) to undertake the Visual Tree Assessment (VTA) method of survey. The Council has a legal duty to ensure that the public can go about their daily business with a reasonable expectation of safety in relation to trees. The Council has limited resources to carry out tree works, so they must be prioritised in a rational and defensible way. This means that safety works – addressing trees that present a known safety risk – will always take priority. High priority works are typically those required on trees displaying defects that unless remedied, could foreseeably fail, resulting in injury to the public or damage to property. The ranking of priorities is inevitably an imperfect business as trees are living organisms and failure rates cannot be predicted with the same accuracy as engineering structures. The availability of appropriately qualified and experienced staff to make judgements is therefore key. 7. Work Priority The Council will prioritise tree work in respect to the individual tree’s health and safety risk. Tree works will normally be completed in safety priority order. Page 38 of 118
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Tree Risk Management Strategy 6 The aim will be to conduct jobs using the following priority system: Urgent – within 24 Hours High – within 4 weeks Medium – within 12 weeks Low – within 26 weeks 8. Site Scope Zoning & Survey Frequency An initial desktop GIS analysis identified areas of Council tree assets. Following this a zoning exercise was carried out, with survey areas categorised into High, Medium and Low risk zones based on site usage (table 3). This prioritises survey areas and contributes to a cost-effective approach to tree survey effort. Table 1: Risk Zones Risk Category Risk Criteria Potential Target Zones Frequency of Inspections High High volumes of vehicle traffic • A Roads excluding special roads (responsibility of Transport Scotland) • Dual carriage ways • Council Trees alongside Railway lines Every 3 Years Areas of high public non motorised use • School grounds • Formal Parks Medium Moderate volumes of traffic • B Roads Every 5 Years Areas of moderate public non motorised public use • Cemeteries • Local Nature Reserves • Secondary Paths • Car Parks • Core Paths Low Low volumes of traffic Rural Roads Reactive Areas of low public use • Rural Footpaths • Council Housing Stock 9. Trees on Private Land This strategy does not include trees on private land therefore the inspection schedule will only cover Renfrewshire Council owned trees. The local authority will record and take Page 39 of 118
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Tree Risk Management Strategy 7 appropriate action where necessary in the event a tree is identified that may cause immediate danger to person or property that is not in our ownership. 10. Ash Dieback Ash Dieback (Hymenoscyphus fraxineus) is now widespread throughout Renfrewshire. It is a chronic fungal disease of Ash trees in which there is currently no effective cure. Many dead and deteriorating Ash trees will need to be removed or made safe in the interests of public safety. The Council conducted a preliminary survey to identify addresses and open space locations of Ash trees within the urban environment. This shortlist of sites will drive an annual seasonal survey to distinguish those Ash which will be most problematic from both an operational and safety perspective. 11. Larch Infection (phytophthora ramorum) & Infections Larch infection (phytophthora ramorum) was first discovered in 2009 and since then has aggressively been spreading throughout the West coast. Statutory Notices are served by Scottish Forestry on the Council to take action with a legal requirement to comply. It is highly likely that outbreaks will become frequent and that mandatory felling will be required in the upcoming years. Areas infected and all Larch trees within a250m control zone require to be felled as part of the legal notice in an attempt to limit spread. Other infections see pathogens affecting tree stock, which also impact tree assets and require proactive intervention. Page 40 of 118
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Tree Risk Management Strategy 8 Environment, Housing & Infrastructure Renfrewshire Council Renfrewshire House Cotton Street Paisley PA1 1BR Page 41 of 118
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1 Operational Tree Policy Environment, Housing & Infrastructure August 2023 APPENDIX 2 Page 42 of 118
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Operational Tree Policy 2 Contents 1. Introduction ....................................................................................... 4 2. Tree Management Operations ........................................................... 4 2.1 Work Priority .......................................................................................... 4 2.2 Reasons for Tree Works ......................................................................... 4 2.3 Tree Inspections .................................................................................... 5 2.4 Emergency Tree Works / Storm Events ................................................. 5 2.5 Dangerous Private Trees ....................................................................... 5 2.6 Managing Tree Diseases ........................................................................ 6 2.7 Ash Dieback (Hymenoscyphus Fraxineus) ............................................ 6 2.8 Phytophthora Ramorum ....................................................................... 6 2.9 Disposal of Arisings ............................................................................... 7 2.10 Cemetery Trees ..................................................................................... 7 2.11 Stump Removal ..................................................................................... 8 2.12 Vandalism of Trees ................................................................................ 8 3. Tree Planting ...................................................................................... 9 3.1 Right Tree, Right Place .......................................................................... 9 3.2 Tree Planting Considerations: ............................................................... 9 3.3 Tree Planting Consultation ................................................................. 10 3.4 Native and Non-Native Trees .............................................................. 10 4. Common Issues Raised .................................................................... 10 Page 43 of 118
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Operational Tree Policy 3 4.1 Tree works Renfrewshire Council will undertake: ............................... 10 4.2 Tree works Renfrewshire Council will generally not undertake: ......... 11 Page 44 of 118
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Operational Tree Policy 4 1. Introduction Renfrewshire’s residents, visitors and businesses benefit from the many economic, social and environmental functions and values that trees and woodlands provide. It is therefore in the interests of all that trees and woodlands are managed to the highest standard to maximise their benefits and minimise the risks and difficulties that they may present to the public. 2. Tree Management Operations 2.1 Work Priority The Council has a Duty of Care to maintain its trees in a safe condition where that is "reasonably practicable”. Proactive tree management enables the Council to utilise its resource to prioritise Health & Safety & Public Liability obligations. A proactive approach minimises reactive issues requiring attendance to provide a better, safer and more efficient tree management service for the wider public. The Council prioritises tree work in respect to the individual tree’s health and safety risk. Tree works will normally be completed in safety priority order. The aim will be to conduct jobs using the following priority system: Urgent – within 24 hours High – within 4 weeks Medium – within 12 weeks Low – within 26 weeks 2.2 Reasons for Tree Works Tree Inspections may result in the requirement for safety related remedial action or felling. Reasoning for works will be recorded on the Council database and associated trees will be marked using the following system: Tree marked with white crosses will be removed Trees marked with orange crosses will be removed due to disease Trees marked with white spots have been marked for pruning Page 45 of 118
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Operational Tree Policy 5 2.3 Tree Inspections Trees in Council ownership will be inspected for safety, on a cycle according to size, targets and condition. Trees will be assessed by competent operatives conducting Visual Tree Assessments (VTA’s). The resulting inspection data will be recorded on the Council’s database. 2.4 Emergency Tree Works / Storm Events In the event of a tree related emergency the Council will aim to attend within 24 hours. In storm events many tree related emergencies can occur in rapid succession. In such instances, available resource will be prioritised to the most serious incidents. Trees may be temporarily made safe dependant on the degree of risk with return visits scheduled for later date. 2.5 Dangerous Private Trees The Council will undertake measures to make safe any unacceptable carriageway risk due to private trees in a dangerous condition, within falling distance of roads/public highway. This follows legislative guidance (Roads Scotland Act 1984) and the Roads Authority has a legal duty to comply. Where works are required to be taken on private trees by Council, as agreed by Council, the Council’s financial sustainability strategy charges for Arboriculture services would apply. The Council does not have the power to compel a private owner to remove a dangerous tree unless it threatens a public road or footpath, nor does it have powers to compel owners to carry out tree work on the basis of light deprivation, encroachment or damage to property. These are matters that require to be resolved through negotiation between private parties or, failing that, by resort to civil legal action. Page 46 of 118
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Operational Tree Policy 6 2.6 Managing Tree Diseases There is an ongoing sharp rise in the amount and frequency of tree related pests, diseases and pathogens within the UK. Identification, monitoring and controlling tree diseases is a fundamental aspect of ensuring a healthy tree stock. Ash Dieback and Larch are highlighted as examples below due to the significant risk and impact that they pose to Renfrewshire’s landscape. 2.7 Ash Dieback (Hymenoscyphus Fraxineus) Ash Dieback is now widespread throughout Renfrewshire. It is a chronic fungal disease of Ash trees in which there is currently no effective cure. Many dead and deteriorating Ash trees will require to be removed or made safe in the interests of public safety. The Council will prioritise the removal of the most dangerous and operationally challenging trees first. 2.8 Phytophthora Ramorum Phytophthora ramorum is a highly destructive water mould that is now present within Renfrewshire, largely affecting Larch tree stock. If an outbreak is confirmed a control zone will be initiated and all host trees within the control zone will be felled to prevent further spread. Public areas may be temporarily closed whilst tree felling works are in operation. Page 47 of 118
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Operational Tree Policy 7 2.9 Disposal of Arisings Where practicable, all arisings (logs, branches etc.) from tree works in high amenity areas will be removed. In woodland and park situations standing deadwood, logs and chippings will be left onsite (when safe to do so) to enhance biodiversity and retain wildlife habitats. In some instances, the Council will leave areas of felled diseased trees in situ. This is a preventative measure to remove the risk associated with transferring infected material or logs. The Council does not permit members of the public to extract logs or timber from Council owned land. Logs or timber left in-situ may be diseased and covered by statutory legislation. Extraction of diseased timber and logs can require movement licences and strict biosecurity protocols with prosecution and substantial fines for breaches to legislation concerning such material. The Council does not permit the use of members of the public using handsaws or chainsaws on Council owned land. 2.10 Cemetery Trees Renfrewshire Council does not permit the planting of trees within its cemeteries without consent. Many of the non-original trees within Renfrewshire Council’s cemeteries have either self- seeded or have been planted by bereaved families often without consultation. The Council will remove self-seeded trees in conflicting locations and will attempt to preserve those that we believe have been planted by lair holders provided they are not causing damage to adjoining lairs. Over recent years there have been outbreaks of disease which had an adverse effect on historic mature trees. In the interest of public safety the council has a plan in place to remove the diseased trees. Page 48 of 118
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Operational Tree Policy 8 It is cost effective, environmentally friendly to preserve and maintain the current mature trees. 2.11 Stump Removal The Council will seek to remove stumps only where practicable and appropriate. In some instances, stumps may be intentionally left to decay. Degraded stumps can provide valuable habitat for a wide variety of species, sustaining life through biodiversity 2.12 Vandalism of Trees Illegal felling or disfiguration of Council trees should be reported to the Police on 101. Prosecution may result in fines relevant to the damage. Page 49 of 118
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Operational Tree Policy 9 3. Tree Planting Renfrewshire Council will endeavour to maintain its tree stock and increase current tree numbers through tree planting. 3.1 Right Tree, Right Place The Council endeavours to follow a Right Tree, Right Place approach. The principle is to consider the opportunities of any proposed planting site. The merits of both native and non-native tree species will be considered to support wildlife and safeguard against potential pests, diseases and the effects of climate change. It is generally recognised that large mature trees boast considerably more benefits than smaller trees. Larger growing trees will be favoured for planting sites that can accommodate such trees to optimise available space and long-term benefits. 3.2 Tree Planting Considerations: When considering tree planting the following factors will be considered: Available space for the tree to grow (both above and below ground) Stature, form, species, cultivar, disease resilience and diversity Site considerations including soil structure, drainage and wind exposure Biodiversity and wildlife interactions Tree stock, planting methods and tree protection requirements Watering and future maintenance requirements When the decision is taken to remove a Council owned tree, the Council will determine whether it is appropriate to replant a tree in the same place or replant close by. Page 50 of 118
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Operational Tree Policy 10 3.3 Tree Planting Consultation The Council will not consult when replacing existing trees removed for safety or disease reasons. Consultation may be undertaken for larger scale new tree planting schemes. 3.4 Native and Non‐Native Trees Renfrewshire Council will not remove a healthy tree because it is perceived as “non- native”. Renfrewshire Council wishes to ensure a diverse and resilient tree stock. It is important to highlight that replanting only native tree species does present long term management risks. Planting supplementary non-native trees is a mitigation measure to minimise the impacts of climate change and potential future disease susceptibility. 4. Common Issues Raised This section of the policy aims to address Renfrewshire Council’s proactive stance in relation to the most common issues that are raised: 4.1 Tree works Renfrewshire Council will undertake: 1. Sight lines The Council will undertake work to a tree in its ownership to maintain clear sight lines (where reasonably feasible) at junctions and access points. 2. Road signs and traffic lights The Council will undertake work to a tree in its ownership to ensure that trees do not unduly obstruct traffic signals and street signs Page 51 of 118
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Operational Tree Policy 11 3. Street lights The Council will undertake appropriate works to clear the illumination zone of street lights as is in line with streetlighting guidance. 4. Clearance over footpaths and roads The Council will undertake work to a Council owned tree to maintain a minimum 2.5 metres height clearance over a footpath or a minimum of 4.5m clearance over a roadside. 5. Root encroachment – Public footpath Where Council owned trees are visibly damaging a public footpath, concerns should be initially directed to the Council to determine a solution. 6. Damage to property In the event that a Council tree is causing damage to a property, a tree officer will attend to conduct an inspection to advise on what course of action is required to mitigate further damage. 4.2 Tree works Renfrewshire Council will generally not undertake: 1. Tree height / size A tree is not dangerous just because it is be considered “too big”, “too tall” or “overgrown”. Renfrewshire council will only conduct height reduction works to alleviate an existing defect in the interests of structurally enhancing and preserving the associated tree. 2. Light Restriction / Views The Council will not prune or remove trees in cases where they cause a reduced amount of light to fall on a property or improve the view from a property. Page 52 of 118
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Operational Tree Policy 12 3. Leaf fall and Debris The Council will not prune or fell a Council owned tree to remove / reduce leaf fall, the nuisance of fruit/berries or nuts, the release of pollen or to reduce honeydew or other sticky substances. 4. Birds / Pests The Council will not prune or fell a Council tree to remove / reduce bird droppings or incidences of perceived pests such as bees, wasps, flies or squirrels. 5. Property The Council will generally not prune or fell a Council owned tree to prevent perceived interference with TV, satellite installation/reception or to remove / reduce interference with telephone wires. Page 53 of 118
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Operational Tree Policy 13 Environment, Housing & Infrastructure Renfrewshire Council Renfrewshire House Cotton Street Paisley PA1 1BR Page 54 of 118
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To: Infrastructure, Land & Environment Policy Board On: 30 August 2023 __________________________________________________________________ Report by: Director of Environment, Housing & Infrastructure __________________________________________________________________ Heading: Outdoor Access and Play Area Improvements 2023- 2026 __________________________________________________________________ 1. Summary 1.1 Reports were submitted to the Infrastructure, Land & Environment Board on 26 May 2021 and 25 August 2021, setting out the planned investment programme to the improvements play areas. In addition, investment in a further 6 planned playparks was agreed at the Board of 24 May 2023 with a further 4 play parks being renewed as part of the #YouDecide project. 1.2 The purpose of this report is to update on progress of the planned investments, as agreed at previous boards and to seek approval for the proposed programme of renewal/refurbishment of playparks from 2024/25 until 2025/26. 1.3 Since 2021 the Council has invested £2,728,000 in the renewal and refurbishment of its play parks with 25 play parks being completed so far, and a further investment of £995,000 planned for 2023/24. A further 10 play parks will be refurbished/renewed in 2023/24. 1.4 The Council has allocated £350,000 capital towards the investment in playparks in 2023/24 with a further £307,000 being granted from the Scottish Governments capital allocation for renewal of play parks. 1.5 The Scottish Government has committed further sums of capital allocation for renewal of play parks of £461,000 for 2024/25 and £768,000 for 2025/26. 1.6 The Nature Restoration Fund for 2023/24 will supplement the open space strategy works with £100,000 being allocated to remove redundant play equipment in Item 5 Page 55 of 118
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unsuitable areas in order to enhance the sites for biodiversity with habitat and species restoration. 1.7 If any future investments are allocated, then the proposed programme of replacement will be accelerated. __________________________________________________________________ 2. Recommendations It is recommended that the Infrastructure, Land & Environment Policy Board: 2.1 Agree the planned programme of works for renewal and refurbishment of play areas and the priorities for investment from 2024/25 and beyond, as detailed in appendix 1 of this report. This will be subject to the current capital allocation of grant continuing from the Scottish Government for 2024-26. 2.2 Agree that officers will have delegated powers to escalate the programme based on need and condition of the remaining play parks and to change the order of replacement based on any unexpected significant failures identified through regular health and safety inspections. 2.3 Agree the play areas which are not suitable for refurbishment, identified in appendix 2 will be removed and the land reinstated for biodiversity and habitat restoration. __________________________________________________________________ 3. Park Investment 3.1 The Council agreed in March 2021, as part of its budget, to invest £1.5 million to support improvements in outdoor access and play areas. A sum of £1.142 million has been committed directly on play park investments and this was supplemented by Scottish Government grants of £158,000 in 2021/22 and £155,000 in 2022/23. 3.2 The previous report set out programmes of work for 2021/22 and 2022/23. The investment has resulted in 13 play areas completely renewed, 1 refurbished and a further 3 currently in Procurement. 3.3 The priorities for investment in 2023/24 have been outlined in appendix 1. 3.4 A number of existing old play areas are not suitable for renewal, either as a result of poor conditions of the surrounding land, being sited in remote locations or having restricted access that can’t easily be improved. It is proposed that these old play areas are restored with £100k of Nature Restoration Funds from the 2023/24 Scottish Government grant allocation. This will allow the removal of any remaining out of date/ end of life play equipment and surfaces and enhance the sites for biodiversity with habitat and species restoration. Page 56 of 118
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Implications of this report 1. Financial – Capital funding has been provided by the Council for 2023/24 and the Scottish Government have committed further capital grants for 2023/24, 2024/25 and 2025/26 for play park renewal. Additional Scottish Government capital has been committed for Nature Restoration for 2023/24. 2. HR and Organisational Development – None. 3. Community/Council Planning – Our Renfrewshire is well - the service encourages use of our parks and open spaces to promote a healthy and active lifestyle. It supports communities to have their voice heard and influence the places and services that affect them. Creating a sustainable Renfrewshire for all to enjoy - Developing strong community-based services that respond to local need. This is closely aligned to the ‘sustainable and connected’ priority of the Renfrewshire Community Plan which seeks to ‘listen and respond to the needs of communities, and partners.’ 4. Legal – None. 5. Property/Assets – There will be a significant improvement in Council owned play park assets. 6. Information Technology – None. 7. Equality & Human Rights – The recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report as the proposals recognise individual arrangements that would have to be accommodated due to particular circumstances. If required following implementation, the actual impact of the recommendations and the mitigating actions will be reviewed and monitored, and the results of the assessment will be published on the Council’s website. 8. Health and Safety – None. 9. Procurement – Works will be instructed using the Scotland Excel Frameworks or through a standard Renfrewshire Council tender process. 10. Risk – The programme of works is based on the assumption that the Scottish Government will continue to the pay capital allocation for renewal of play parks from 2023-26 as detailed in the confirmation letter of 31 August 2022. 11. Privacy Impact – None Page 57 of 118
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12. Cosla Policy Position – None 13. Climate Risk – The Council’s green space has a key role to play in supporting the delivery of park improvements and the Council’s ambitious actions to tackle climate change. List of Background Papers: None Author: Karen Anderson, Sustainability, Place and Assets Manager Page 58 of 118
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Appendix 1 Play Park Renewal & Improvement 2021 – 2026 1 Completed Renewal of Play Area Progress from 2021 Ward Play Area 1 Campbell Street, Renfrew 2 Tinto Square, Renfrew 3 East End Park, Paisley 4 Glencoats Park, Paisley 4 Maxwellton Park, Paisley 5 Ben Lawers (Hawkhead Park), Paisley 6 Crags Road, Paisley 6 Neighbourhood Park (Skye Crescent), Paisley 7 Durrockstock Park, Paisley 7 Green Road (Morar Drive), Paisley 8 Dunvegan Avenue, Elderslie 8 Elm Drive / Sycamore Avenue, Johnstone 8 Queens Road, Elderslie 8 Spateston, Johnstone 9 Ellerslie Street, Johnstone 9 Howwood Park, Howwood 9 Kilbarchan Park, Kilbarchan 9 Lochwinnoch Park, Lochwinnoch 9 Sandyflats, Johnstone 10 Ardgryffe, Houston 10 South Mound (Helicopter Park), Houston 11 Churchill Drive, Bishopton 11 Moss Road Park, B.O.W. 12 Barwood Park, Erskine 12 Bargarran, Erskine 12 Park Mains, Parkhill, Erskine 2023/24 Programme Ward Play Area Proposal 1 Anne Avenue (Charles Avenue), Renfrew Renewal 1 Urquhart Crescent, Renfrew Part Renewal / Refurbishment 1 Millburn Way (Glebe Street), Renfrew Renewal (#YouDecide) 2 Victory Gardens, Renfrew Renewal 2 Netherhill Road, Paisley Renewal 4 South Candren Village Green, Paisley Renewal (#YouDecide) 5 Jenny’s Well, Paisley Renewal (#YouDecide) 8 Benston Place (Tannahill Crescent), Johnstone Renewal Page 59 of 118
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Appendix 1 Play Park Renewal & Improvement 2021 – 2026 2 9 Miller Street, Johnstone Renewal 9 Howwood Toddler / Junior, Howwood 2023/24 programme 10 Houston Public Park, Houston 2023/24 programme 11 Station Road, Langbank Renewal (#YouDecide) 12 Inchinnan Playing Fields, Inchinnan 2023/24 programme 2024/25 Programme Ward Play Area Proposal 3 Barshaw Park, Laura’s Playpark, Paisley Renewal 6 Braids Road, Paisley Part Renewal / Part Refurbishment 8 Elm Drive / Maple Drive, Johnstone Renewal 8 Poplar Avenue, Johnstone Renewal 2025/26 Programme Ward Play Area Proposal 1 Robertson Park Original, Renfrew (Castle) Renewal 1 KGV Playing Field, Renfrew Renewal 3 Barshaw BMX Track, Paisley Upgrade (Convert to pump track) 3 McKerrell Street, Paisley Renewal / New Location 4 Ferguslie Gardens Bottom Play Area, Paisley Part Refurbishment 7 Green Road (Morar Drive) – Toddler, Paisley Renewal 7 Braehead Rd, Paisley New Play Area 8 Elderslie West (Old Road), Elderslie Renewal 10 Campbell Street, Johnstone Renewal 10 East Fulton, Linwood New Play Area 11 Lyle Crescent, Bishopton Renewal 11 Stuart Road, Bishopton Renewal 12 Millfield Meadows, Erskine Renewal Page 60 of 118
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Appendix 2 List of Play Parks Proposed for Complete Removal & Land Restoration 2023/24 Proposals to be Funded From the Nature Restoration Fund Ward Play Area Address Proposed Action Potential Future Use 1 Castlehill Orchard Street, Renfrew Complete removal Biodiversity. Feature trees and wildflowers 5 Saucelhill Park Saucelhill Terrace, Paisley Complete removal Biodiversity. Wildflower areas with feature trees. 6 Burnfoot Crescent Burnfoot Crescent, Paisley Complete removal Nature restoration 10 Berl Avenue Berl Avenue, Houston Complete removal Nature restoration 10 Erskinefauld Rd B Erskinefauld Road, Linwood Complete removal Biodiversity landscaped area with seats. 11 Anderson Road Anderson Road, Bishopton Complete removal Nature restoration 12 Balmedie Barhill Road / Rashieglen, Erskine Complete removal Nature restoration 12 Park Winding Park Winding, Erskine Complete removal Biodiversity. Tree planting but not close to houses. Future Proposals to be Considered for Funding Ward Play Area Address Proposed Action Potential Future Use 1 Fulbar Avenue Fulbar Avenue, Renfrew Complete removal Low maintenance Landscaping 1 Robertson Park – Craigielea Rd Craigielea Road, Renfrew Complete removal Nature restoration 7 Waverly Road Waverly Road / Amochrie Road, Paisley Remove play equipment now and re‐purpose area as outdoor gym in future. Outdoor Gym or other teen facility 10 Cowal Drive Cowal Drive, Linwood Complete removal Development proposal which will lead to removal. 11 Camphill Gardens Camphill Gardens, Bishopton NB. Play area in private ownership. Maintained historically but may need to remove if residents unwilling to adopt. Hand over to residents or complete removal. Nature restoration of site depending on outcome of consult with residents. Page 61 of 118
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___________________________________________________________________ To: Infrastructure, Land & Environment Policy Board On: 30 August 2023 _________________________________________________________________________ Report by: Director of Environment, Housing & Infrastructure _________________________________________________________________________ Heading: Noisy Vehicle Exhausts- Council Options for Action _________________________________________________________________________ 1. Summary 1.1 Motion 12 at the Council meeting of 4 May 2023, raised concerns about the increase in road illegal vehicle exhaust systems and excessive exhaust noise, instructing the Director of Environment, Housing & Infrastructure to investigate options to clamp down on this practice and to bring a report to a future meeting of the Infrastructure, Land and Environment Policy Board on proposals to stop this practice. 1.2 This report provides the Board with information relating to the powers currently available to deal with excessive noise from vehicle exhaust systems which are available to Police Scotland and confirms that as the Council has no enforcement responsibility for excessively noisy exhausts there are no proposals for further action in respect of the matter. _________________________________________________________________________ 2. Recommendations It is recommended that the Policy Board 2.1 Notes that the Council has no enforcement remit with regard to excessively noisy vehicle exhaust systems, with the powers resting fully with Police Scotland and that no further actions are proposed in respect of the Motion. _________________________________________________________________________ 3. Enforcement Powers, Testing & Research 3.1 Vehicles, at the time of manufacture, require to comply with noise specifications, monitored during the vehicle life by the MOT process, however given the number of vehicles with after-market/modified exhaust systems, it appears the periodic testing mechanism is not wholly successful in preventing noisy vehicles from being on the road. 3.2 Whilst it is recognised that noise from defective/modified vehicle exhausts does cause annoyance and disturbance, the statutory nuisance provisions under the Environmental Protection Act 1990 specifically excludes road traffic noise from being actionable. Item 6 Page 63 of 118
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3.3 The Environmental Protection Act is the main legislation that the Council has enforcement powers to deal with statutory noise nuisances. There are no other specific pieces of legislation available to the Local Authority to enforce around vehicle exhaust systems, therefore the Council has no Enforcement Powers to take any measures or action to address noise from vehicles and exhaust systems on Renfrewshire’s road network. 3.4 Police Scotland are the appropriate enforcing authority and have powers to address excessive noise from road vehicles on public roads, using provisions within the Road Vehicles (Construction and Use) Regulations 1986, as amended. 3.5 Whilst Police Scotland may not have access to noise measuring equipment they can, and do, take action where officers subjectively consider noise from vehicles to be excessive. Locally, Police Scotland have advised that the legislation currently at their disposal is considered sufficient to deal with any noisy exhaust which is used on a vehicle. 3.6 As Police Scotland are the appropriate enforcing authority and consider they have sufficient legal means to address excessively noisy vehicle exhausts, there are no proposals for the Council to take any action in respect of this matter. 3.7 The Department for Transport, in recognition of this issue nationally, has commissioned research into options for methods and equipment for the detection and enforcement of excessively noisy vehicles. This research is ongoing but appears to be some way off from introducing such measures. Once this research piece has been concluded any implications for Renfrewshire Council will be presented to the Board. _________________________________________________________________________ Implications of the Report 1. Financial - None. 2. HR & Organisational Development - None 3. Community/Council Planning – None 4. Legal – None 5. Property/Assets – None 6. Information Technology – None 7. Equality & Human Rights (a) The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report because for example it is for noting only. If required following implementation, the actual impact of the recommendations and the mitigating actions will be reviewed and monitored, and the results of the assessment will be published on the Council’s website. 8. Health & Safety - None Page 64 of 118
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9. Procurement – None 10. Risk – None 11. Privacy Impact - None 12. Cosla Policy Position – not applicable. 13. Climate Risk – None _________________________________________________________________________ List of Background Papers None _________________________________________________________________________ Author: Gerard Hannah, Head of Climate, Public Protection and Roads Email: gerard.hannah@renfrewshire.gov.uk Page 65 of 118
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To: Infrastructure, Land and Environment Policy Board On: 30 August 2023 Report by: Director of Environment, Housing and Infrastructure Heading: Transport Scotland Act (2019) Update 1. Summary 1.1 The Transport (Scotland) Act 2019, which received royal assent on 15 November 2019, contained a number of key provisions on improvements to transport arrangements in Scotland across a number of distinct key areas, including; Public Transport Provision – There are provisions within the act for local authorities to consider the operation of bus services or investigate franchising models. The Act also allows local transport authorities to form a Bus Services Improvement Partnership (BSIP) with bus operators within their area. Low Emission Zones – Local authorities were provided with the legal basis to allow the introduction and civil enforcement of low emission zones. Pavement Parking – The Act also introduced the statutory framework for a national ban on pavement parking, double parking and parking at dropped kerbs. Workplace Parking Levy – Part 7 of the Act introduced a discretionary workplace parking licensing (WPL) power available to local authorities. It is for each local authority to decide whether they wish to use that power and to shape proposals to suit local circumstances. Smart ticketing – The Act offers provisions to enable the Scottish Ministers to introduce a national technical standard for smart ticketing, aimed at addressing the inconsistent approaches to smart ticketing to date. Item 7 Page 67 of 118
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20mph Zones – Not strictly included in the Transport Scotland Act but a recent funded data gathering exercise by Transport Scotland to assess the feasibility of converting all Scotland’s urban 30mph streets to 20mph. 1.2 Smart ticketing is an area for SPT, and Low Emission zones and the Workplace Parking Levy are not being considered by Renfrewshire Council at this time. 1.3 This report updates Members on the work officers have been progressing on the remaining opportunities afforded by the Act to local authorities on Bus Service provision, the Pavement Parking Ban and 20mph speed limit zones. 1.4 Officers from Environment, Housing and Infrastructure have been involved in a number of these key workstreams as local authorities work to implement the provisions of the Act, where the relevant guidance and associated regulations have been enacted. 1.5 This report provides an overview of progress with each of the topic areas within the Transport (Scotland) Act 2019 and what the relevant next steps are for each area. 2. Recommendations It is recommended that the Infrastructure, Land and Environment Board: 2.1 Notes that regular progress updates will be brought to future meetings of the Infrastructure, Land & Environment Policy Board. 3. Background 3.1 Transport (Scotland) Act 2019, which received royal assent on 15 November 2019, contained a number of key provisions on Low Emission Zones, Bus Services, Smart Ticketing, Pavement Parking and Workplace Parking Levy. Smart ticketing is an area for SPT and Low Emission zones and the Workplace Parking Levy are not being considered by Renfrewshire Council at the current time. This report updates Members on the work officers have been progressing on the remaining opportunities afforded by the Act to local authorities on Bus Service provision, the Pavement Parking Ban and 20mph speed limit zones. 4. Public Transport Provision 4.1 The provisions which are detailed within the Act relating to public transport provision are much longer-term aspirations and cannot be progressed at the current time without appropriate accompanying legislation and guidance to implement the main aspects. 4.2 Whilst the options to consider public ownership and franchising models are positive, there is not enough detail or associated guidance for local authorities to make any progress with these agendas until there is the necessary guidance in place to highlight how this could take place. Page 68 of 118
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4.3 One of the other aspirations is the formalising of partnerships with Bus Operators through Bus Service Improvement Partnerships and the Council has made a positive start in this area with our joint working with the Glasgow City Region Bus Partnership. 4.4 Through this collaboration the Council has been awarded £2million in funding to deliver improvements to bus infrastructure in Paisley Town Centre and details of the planned improvements will be shared with members throughout the Autumn period. 4.5 In addition to these planned improvements the Council’s Leadership Board approved a review of Renfrewshire’s public transport provision, including the role that community transport operators could play in the public transport offering. Officers have conducted a number of visits to community transport operators and have engaged with SPT to conduct analysis of the current public transport network to identify gaps in existing provision. 4.6 Council officers have commenced discussions with the other Glasgow City Region authorities in the initial scoping of what a Bus Service Improvement Partnership (BSIP) would look to deliver. A report will be brought back to a future Board meeting for authorisation to enter into a BSIP should that be the position recommended by officers. 5. Pavement Parking Ban 5.1 Since the introduction of the Act, parking on the pavement has been prohibited. However, secondary legislation to make the prohibition enforceable is still awaited. The first step towards this involves local authorities being given powers to make exemption orders, specifying certain footways to which the pavement parking prohibition does not apply. This is necessary where the demand for on-street parking is high, the roads are narrow and there are no available car parks for private car owners, such as tenement flats in town centre locations. 5.2 A tender for a consultant to assess all of Renfrewshire’s roads for those which may be eligible for exemption from the ban was issued to consultants on Scotland Excel’s framework contract and awarded in early August. The project also makes an estimation of the cost of introducing the necessary traffic order and all its signs, plus the cost of mitigation measures among other things, to alter pavements to maximise the available parking space by best use of the width of the road. The project is expected to last 12 months after which point all of the pavements in Renfrewshire will have been assessed with a view to implementation in 2025. Page 69 of 118
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5.3 The first set of Regulations relating to the Exemption Order Procedure was laid and came into force in December 2022. Ministerial Directions and Pre- Implementation Guidance were also issued to local authorities in December 2022. Transport Scotland and its Parking Standards Advisory Group are now working on Parking Standards Guidance to allow enforcement by local authorities. Discussions are also ongoing between Transport Scotland and COSLA in relation to further future funding for both road assessments and implementation of exemptions. Officers have recently returned a consultation on Enforcement Regulations for Local Authorities with comment on the proposed way in which offences will be defined and Penalty Charge Notices administered. The responses received will help develop the secondary legislation that will underpin the pavement parking prohibitions but Transport Scotland has not released any dates for the publication of this secondary legislation. 6. 20 MPH Zones 6.1 Another project that is complementary to the Transport Scotland Act is Transport Scotland’s proposal to convert all Scotland’s urban 30mph streets to 20mph. Transport Scotland have provided funding for Councils (£75,000 for Renfrewshire) to assess their road network for areas that may be suitable for 20mph zones. To allow Transport Scotland to review an overall national position, the Council returned information in March 2023 identifying areas of our road network where 20mph zones would not be possible. The default position adopted is that 20mph zones should be adopted unless there is a justifiable evidence-based position that suggests otherwise. We await Transport Scotland’s decision on next steps and funding prior to moving forward with implementation plans. 6.2 The Council’s proposal to convert its advisory 20mph speed limits to mandatory ones has passed through its first stage traffic order consultation. Comments have been received and responded to. Before moving to the next step of promoting the public consultation with notices online, in the press and on-street, we await Transport Scotland’s decision on funding to see if this work may benefit from being included in the national effort. Implications of this Report 1. Financial – Capital funding has been provided for infrastructure improvements from Transport Scotland Bus Partnership Funding. Scottish Government have provided funding for the Policy Development of Pavement Parking and 20mph zones. We await news on funding for the implementation aspects of the Pavement Parking Ban and 20mph zones. 2. HR and Organisational Development – none Page 70 of 118
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3. Community Planning Our Renfrewshire is thriving / Reshaping our place, our economy and our future – By continuing to support public transport improvements we will continue to facilitate access to employment and economic growth. 4. Legal – none 5. Property/Assets – none 6. Information Technology – none 7. Equality & Human Rights - The recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report. If required following implementation, the actual impact of the recommendations and the mitigating actions will be reviewed and monitored, and the results of the assessment will be published on the Council’s website. 8. Health and Safety – none. 9. Procurement – none. 10. Risk – none. 11. Privacy Impact – none. 12. Climate Risk - Supporting the delivery of public transport infrastructure and striving for in increase in bus patronage will contribute to the Council’s Net Zero ambitions by reducing journeys made by private car. List of Background Papers - none Author Gordon McNeil, Director of Environment, Housing & Infrastructure e-mail: gordon.mcneil@renfrewshire.gov.uk Page 71 of 118
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___________________________________________________________________ To: Infrastructure Land & Environment Policy Board On: 30 August 2023 ___________________________________________________________________ Report by: Chief Executive ___________________________________________________________________ Heading: Dargavel – Land transfer to Renfrewshire Council for new school site ___________________________________________________________________ 1. Summary 1.1 The purpose of this report is to seek approval for draft Heads of Terms between Renfrewshire Council and BAE (landowner) for transfer of two sites at Dargavel Village to the Council for education purposes. 1.2 The sites in question are identified within the report and the draft Heads of Terms are appended for member review. ___________________________________________________________________ 2. Recommendations 2.1 It is recommended that the Infrastructure Land & Environment Policy Board agrees: (i) the draft Heads of Terms appended to this report (Appendix 2); and (ii) to delegate authority to the Head of Economy & Development and Head of Corporate Governance to progress towards exchanging agreed missives with BAE for the formal transfer of the land itemised in this report to Council ownership; _________________________________________________________ Item 8 Page 73 of 118
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3. Background 3.1 The Dargavel Village development has been proposed for some time to make a significant contribution to Renfrewshire’s longer term housing land requirement. The site is the biggest current development site in Renfrewshire and will eventually deliver more than 4,300 homes. The issues arising from underestimated school capacity related to the residential development has been well documented in previous reports to appropriate Boards and full Council. 3.2 Since the issue of lack of school capacity was identified by the Council in late 2022, regular discussions have taken place between BAE and the Council as part of identifying a long-term solution to support the delivery of additional school capacity to meet the long term needs of the Dargavel Village development. It became clear early in this process that a site for a new additional primary school for Dargavel Village would have to be identified to allow the future capacity requirements to be met. This aligns with the School Strategy set out and confirmed by the Council at the Education and Children’s Services Policy board in May 2023. 3.3 The School Strategy also identifies a preference to secure land adjacent to the existing Dargavel Primary school site to provide greater flexibility within the school curtilage. The expanded school site would provide additional flexibility to support adequate social and play space following the expansion of school capacity through the deployment of additional modular classrooms and also allow for the ability to extend the existing Dargavel Primary School (if required) in the longer term. This factor also featured strongly in the discussions with BAE. 3.4 An appraisal has been undertaken to examine potential alternative sites suggested to the Council in the Dargavel / Bishopton area. Criteria applied in the appraisal included: Size of site sufficient to meet scale of school required and allow for complementary sport pitch facilities that would also support wider community use; Accessibility of the site to existing and planned housing to support active travel by pupils through walking, wheeling, scootering and cycling to school as well as supporting ease of access for community use of the facility outwith school hours; Availability of the site being considered; Deliverability of a new school on the site within the desired timescales; 4. Preferred site 4.1 During the above discussions Council officers identified site E1 in the Dargavel Masterplan (see Appendix for specific location) as the preferred site. In addition to providing a strong alignment to the above criteria, identifying this preferred site was also influenced by the need to have an appropriate central location that would allow for the Dargavel residential catchment to be divided in due course into two sustainable catchment areas. Page 74 of 118
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Such masterplan considerations are important not just to support the establishment of sustainable education catchments for both schools, but also to ensure that in the long term the spatial layout of Dargavel Village best supports and works for the needs of the community over the very long term. 4.2 Of the remaining undeveloped sites within the Dargavel Masterplan, site E1 was the optimum option. Spatially, it is also sufficiently distant from the existing Dargavel Primary School to allow for a distinct geographical location which will be important to allow a separate school identify to be created for the second primary school. 4.3 Other sites were suggested (by BAE and members of the community) either within the immediate vicinity of the existing school, outwith and around the periphery of the Dargavel Masterplan and around Bishopton. However, none of these sites were considered to meet the defined criteria as strongly as site E1. 4.4 In terms of having the ability to extend the existing primary school, officers have negotiated that approx. 0.6 hectares (c. 1.5 acres) of site C1 in the Masterplan (immediately adjacent to the east side of the school) will also be transferred to Council ownership. 5. Draft Heads of Terms 5.1 The draft Heads of Terms for the transfer of the two parcels of land from BAE to Renfrewshire Council are appended to this report (Appendix 2). 5.2 In summary, in return for the land transfer of circa. 4 hectares (c. 10 acres) across the two parcels of land at a cost of £1.00 (if asked). BAE will: remediate the sites to the standard required for education development; provide requisite road connections to the site boundary; supply HV power connection to the sites; provide surface water connections to both parcels of land; 5.3 In return officers are recommending the Council will commit to: Agreeing that the capacity of Dargavel Masterplan will be 4,322 homes. Any proposals for development beyond this number would require to be subject to a new planning application which would be considered afresh against the LDP and other relevant considerations [subject to agreement by Council’s Planning Board as appropriate]; Agreeing to reduce the overall number of social rented homes to be provided within the Dargavel Masterplan by 93 units. This change will still result in 243 social rented homes being delivered across the development along with more than 900 lower cost homes for sale as part of the overall Affordable Housing Strategy. This will require the Affordable Housing Strategy (associated with the Section 75) to be amended. Page 75 of 118
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This housing would have accounted for circa 8 acres of land that would have been required to be provided direct by BAE / housebuilders. When combined with the switch of commercial land (see below) this broadly offsets the 10 acres of land released by BAE to the Council for education purposes. Other sites elsewhere in Renfrewshire will be identified to accommodate the 93 social housing units no longer being provided at Dargavel; Offering a guarantee that the 4 current applications for detailed permission by Taylor Wimpey and Persimmon (542 homes total) will be determined by the Council by 15 Sept 2023. These homes are all included within the total capacity referred to above. This is to provide confidence that BAE can close out their agreements with these respective housing developers and guarantee cashflow for BAE’s Dargavel project to allow them to move on with further infrastructure investment and site decontamination works within the Masterplan, which includes delivering accelerated decontamination and infrastructure requirements for the proposed school site; Redesignating the remainder of site C1 from “commercial” to “residential” use; 5.4 The planning issues referred to in this Board report will be picked up in more detail in an update report to the Council’s Planning and Climate Change Policy Board in August 2023. 6. Next Steps 6.1 If Board approve the draft Heads of Terms for this land transaction with BAE, officers will then move forward to agree and exchange missives which (once signed by both parties) will allow the land to formally transfer to Renfrewshire Council’s ownership. 6.2 Members should note that the draft Heads of Terms are the latest version agreed between BAE and Council (dated 4 August 2023). These Heads of Terms will be superseded by the agreed missives (which are legally binding on both parties), which will reflect the latest agreed position. However, it is anticipated that the substance of the agreement will remain as per the appended document. 6.3 Once the land is in the ownership of the Council (estimated Sept 2023) then officers will move to assess the new school site in more detail and begin the groundwork to procure a contractor to design and build the required new school in the requisite timescales to fit the overall programme. Subsequent reports will be brought back to relevant Boards at the appropriate junctures in this process, including procurement contracts, planning applications, etc. ___________________________________________________________________ Page 76 of 118
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Implications of the Report 1. Financial – there are no direct financial implications arising from the land transfer of 2 sites at Dargavel Village from existing landowner, reflecting the £1 if asked terms of the transfer. 2. HR & Organisational Development – there are no direct HR or organisational implications arising from this report. 3. Community Planning – community representatives have been communicated with throughout the negotiation process and the development of the School Strategy for the Dargavel catchment. 4. Legal – the Heads of Terms will form the basis of the drafting of legal missives to support the formal transfer of the land parcels from BAE ownership to the Council and subject to board approval would be progressed and legally concluded under delegated authority by officers. 5. Property/Assets – As per this report. 6. Information Technology – None. 7. Equality & Human Rights The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report because no groups or individuals have any involvement currently at the property. If required following implementation, the actual impact of the recommendations and the mitigating actions will be reviewed and monitored, and the results of the assessment will be published on the Council’s website. 8. Health & Safety – None. 9. Procurement – Not applicable. 10. Risk – securing the land transfer as outlined in the report will provide the Council with suitable available land in Council ownership to support delivery of the identified requirement to expand primary school educational capacity within Dargavel Village. This will remove a major risk and impediment to the Council meeting its statutory obligation to provide adequate education provision within the catchment area and will also enhance the capability of the Council to secure increased flexibility to respond to the long risk associated with future education demand within Dargavel being at the upper end of projected scenarios over the long term. 11. Privacy Impact – Not applicable. 12. Cosla Policy Position – Not applicable. Page 77 of 118
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________________________________________________________ List of Background Papers – Dargavel – Planning Update; Planning and Climate Change Policy Board; 29 August 2023 Dargavel Education Provision; Education and Children’s Services Policy Board; 18 May 2023 ___________________________________________________________________ Author: Alasdair Morrison; Head of Economy & Development; Alasdair.morrison@renfrewshire.gov.uk Tel - 07979 700472 Page 78 of 118
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BAE SYSTEMS PROPRIETARY BAE SYSTEMS PROPRIETARY DRAFT Heads of Terms in respect of the TRANSFER of land at Dargavel Village, Bishopton 4 August 2023 These Heads of Terms are not intended to be legally binding in themselves. 1. Landowner (Seller): BAE Systems (Property Investments) Limited (‘BAE’) 2. Granter's Solicitors: Andrew Hall, Shepherd & Wedderburn, 1 West Regent Street, Glasgow G2 1RW 3. Local Authority (Purchaser): Renfrewshire Council. Renfrewshire House, Cotton Street, Paisley, PA1 1TT (‘Council’). 4. Purchaser’s Solicitors: Margaret Craig, Renfrewshire Council. Margaret.craig- cs@renfrewshire.gov.uk 5. Property: Subject to any changes at paragraph 10 below, land (two parcels) part of subjects registered under title number REN22000 and shown coloured pink on the attached plan(s) [copy to follow], being part of the Dargavel Village site. Parcel 1 – site outlined on Dargavel Masterplan as plot E1 (area 3.44 hectares; 8.5 acres); Parcel 2 – the westerly portion of (forming a broadly rectangle portion) site outlined on Dargavel Masterplan as part of plot C1 area (area 0.6 hectares; 1.5 acres) 6. Purchase Price: £1 (if asked) for each of Parcel 1 and Parcel 2 (for all land transferred as part of this agreement). 7. Transaction: Transfer of the Property by way of missives and disposition. The Property shall be transferred to the Council at the Purchase Price for the purposes of constructing educational buildings and associated outdoor recreational uses. The use will be enforced by a title restriction which will last for 25 years; The transaction to allow for any surplus land within plots (not required for education purposes) to be offered back to BAE once detailed designs have been consented for each parcel; Page 81 of 118
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BAE SYSTEMS PROPRIETARY BAE SYSTEMS PROPRIETARY 8. Dates of Entry: Parcel 1: 28 working days after BAE notify the Council of Completion of the Remediation Works (Date of Entry Parcel 1) Parcel 2: As soon as possible but no later than 30 September 2023 (Date of Entry Parcel 2), giving the Council not less than twenty-eight days’ notice of the Date of Entry Parcel 2; and The Council will be responsible for all costs relating to their occupation including (but not limited to) non-domestic rates, utilities and insurance from the relevant Date of Entry. BAE will have no obligation to insure the Property. 9. Suspensive Conditions: The missives shall be suspensively conditional upon the following conditions (inserted for the benefit of BAE): 1. the Council providing to BAE written confirmation from its Chief Planning Officer (in a form and to the satisfaction of BAE) that: a. the maximum number of units for the development is 4,322; 2. the Council and BAE agreeing and/or acknowledging: a. the process and timescale for amendments to the Dargavel Masterplan (including the additional education provision and amendment at residual land on part of plot C1 from commercial to residential); b. amend S.75 in relation to Primary Healthcare Facility Option 4 to reflect BAE contribution of land plus £1m to NHS to deliver facility; c. add new para 5.16 to existing S.75 to acknowledge land previously transferred by BAE to the Council for the provision of a children’s nursery]; d. amend S.75 and Affordable Housing Strategy to reflect reduction of 93 social rented units in Stage 2 Affordable Housing provision; e. amend para 11.2 of S.75 to change trigger for delivery of Second Phase Park & Ride Facility to “prior to 30 June 2024..” 3. before 31 August 2023, the Council shall deliver to BAE the Council’s strategy for addressing local primary education (‘Primary Education Strategy’), including all mitigation measures planned. 4. by 15 September 2023, the decision notices to be issued for Taylor Wimpey and Persimmon Homes current AMSC applications for Dargavel Village Page 82 of 118
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BAE SYSTEMS PROPRIETARY BAE SYSTEMS PROPRIETARY 10. Prior to missive conclusion: After the date of these Heads of Terms (if not before), BAE shall diligently use its reasonable endeavours to achieve the following: (i) confirm to the local authority the ground condition of the Property by supplying existing information from surveys and site investigations; (ii) satisfy the local authority on the landowner’s title to the Property. During the period when the Council is working on issues (i) –(ii), BAE and the Council shall seek to agree an offer to transfer the Property to reflect the Heads of Terms. Once satisfied with (i)-(ii) BAE and Renfrewshire Council shall enter missives. 11. Remediation BAE has remediated Parcel 2 to an appropriate standard in accordance with the Council approved Remediation Method Statement and received confirmation from the Council that the land contamination planning obligations have been discharged. Parcel 2 will be cleared of all existing arisings, waste material, vegetation and the site will be transferred clear and level to the Council. BAE will remediate Parcel 1 to an appropriate standard in accordance with the Council approved Remediation Method Statement and seek confirmation from the Council that the land contamination planning obligations have been discharged. BAE will provide a Remediation Warranty in respect of the remediation works. In turn and following Date of Entry, the Council will provide an environmental indemnity to BAE. 12. Letter of Reliance A letter of Reliance will be provided relating to the environmental reports as follows: 13. Purchaser’s Works Parcel 1: Delivery of a new primary school for c.800 pupils as defined in the Primary Education Strategy by June 2027 14. Seller’s Works 14.1 Seller's Works for Parcel 1 (i) Remediation of the site as set out in the approved remediation method statement by [22 December 2024]; (ii) Construction of the Western Link Road (Road Construction Consent Ref CC22-03) to base course including services not Page 83 of 118
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BAE SYSTEMS PROPRIETARY BAE SYSTEMS PROPRIETARY covered elsewhere in these Heads of Terms with connection capable of being made live by [15th October 2025]; (iii) HV power connection to the site capable of being made live by [31st March 2026]; and (iv) Surface water connection operational by [30th June 2025]. 14.2 Seller's Works for Parcel 2 There are no Seller's Works for Parcel 2 15. Construction Access 15.1 Access to Parcel 1: for the purposes of undertaking the Purchaser’s Works will be available from [20 December 2024], access shall be taken from the end of Craigton Drive adjacent to the site. It should be noted that the end of Craigton Drive is open to the public and will be used by adjacent housing developers for deliveries and their residents and also BAE's contractor for deliveries during the construction of the Western Link Road 15.2 Access to Parcel 2: for the purposes of undertaking the Purchaser’s Works will be available ss soon as possible but no later than 30 September 2023, access shall be taken from the footway cross over on Arrochar Drive of Craigton Drive. It should be noted that Arrochar Drive is open to the public and will be used by adjacent housing developers for deliveries and their residents and also BAE's contractor for deliveries during the construction of the Western Link Road. 16. Service Connections 16.1 Service Connections for Parcel 1: the following service connections will be available for Parcel 1 as single point of connections and the Council shall not exceed the following service capacities: (i) Power - HV point of connection to the site boundary with a maximum capacity of 710Kva; (ii) Gas - low pressure gas point of connection to the site with a maximum capacity of 880Kwh (peak demand); (iii) Water - 180mm barrier pipe to side, peak demand 1.1 litres / second; (iv) Surface water drainage maximum discharge criteria 1:30 return period [300] l/s 1:200 + climate change [350] l/s (Values approximate and TBC); (v) Foul water maximum peak daily discharge rate 3.7l/s average daily flow 30,500 litres/day; and Page 84 of 118
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BAE SYSTEMS PROPRIETARY BAE SYSTEMS PROPRIETARY (vi) Telecoms: BT and Virgin media ducting taken to the boundary of the site; the Council will be responsible for arranging connections. 16.2 Service Connections for Parcel 2: The following service connections will be available for Parcel 1 as single point of connections and the Council shall not exceed the following service capacities: (i) Power - LV point of connection to the site boundary with a maximum capacity of 120Kva; (ii) Gas - low pressure gas point of connection to the site with a maximum capacity of 1100Kwh (peak demand); (iii) Water - connection to 200mm ductile Iron main in adjacent footway to be made by the Council - peak demand 1.1 litres / second; (iv) Surface water drainage maximum discharge criteria 1:30 return period 75 l/s 1:200 + climate change 102 l/s; (v) Foul water maximum discharge 0.24l/s average daily 6,000 litres/day; and (vi) Telecoms: BT and Virgin media ducting taken to the boundary of the site; the Council will be responsible for arranging connections 17. Costs: Each party to bear its own costs and expenses including Land and Buildings Transaction Tax (as applicable) in the case of the local authority. 18. Non-binding: These Heads of Terms shall not have contractual effect. Page 85 of 118
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___________________________________________________________________ To: Infrastructure, Land & Environment Policy Board On: 30 August 2023 ___________________________________________________________________ Report by: Chief Executive ___________________________________________________________________ Heading: Acquisition of Land – CWWR Layby Berth ___________________________________________________________________ 1. Summary 1.1 This report seeks to obtain the Boards agreement to the acquisition of property, required for the creation of a layby berth, part of the Clyde Waterfront and Renfrew Riverside (CWRR) project. ___________________________________________________________________ 2. Recommendations 2.1 It is recommended that Board: - (i) Agree to acquire the property as shaded pink on the attached Land Interest Plan No.19, subject to the terms and conditions detailed within the body of this report (The “Property”). (iii) grant authority to the Head of Corporate Governance in conjunction with the City Deal & Infrastructure Programme Director to conclude the acquisition of the Property as detailed in this Report. 3. Background 3.1 The Clyde Waterfront and Renfrew Riverside (CWRR) project comprises a new ‘opening’ bridge across the River Clyde; the Renfrew Northern Development Road and new cycle routes, all of which are aimed at providing improved access to development opportunities, employment, education, health and leisure locations. The Project will link the communities of Renfrew, Yoker and Clydebank and will provide improved access to the considerable job opportunities being delivered at the Advanced Manufacturing Innovation District Scotland (AMIDS). Item 9 Page 87 of 118
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AMIDS is already home to the new National Manufacturing Institute for Scotland (NMIS) and the Medicine Manufacturing Innovation Centre (MMIC) and the Council has recently appointed a Development Partner to bring forward the future phases of development. 3.2 Planning consent for the Project was granted by Scottish Ministers on 16th November 2018. 3.3 The Renfrewshire Council (Clyde Waterfront and Renfrew Riverside, City Deal) Compulsory Purchase Order 2018 (“the Order”) was approved by Scottish Ministers and became operative on 4th September 2020. This Order covered the land required within the Council’s boundary for the CWRR project. 3.4 In addition to the land covered by the Order, the CWRR project required to acquire certain land to the north of the River Clyde within both the Glasgow City and West Dunbartonshire Council boundaries. The main requirement focussed on land and rights at Rothesay Dock, Clydebank which were acquired from Clydeport Operations Limited (part of Peel). The acquisition from Clydeport Operations Limited (“Clydeport”), based on the specimen design for the project, was completed on a voluntary basis on 8th February 2019. 4. Current Construction 4.1 Work on the CWRR infrastructure started in December 2022 and to date new roads have been constructed and land prepared for the new river crossing. 4.2 The specimen design included a layby berth, essential for the operation of the bridge, as it provides a facility for ships to tie up, if required, to await the bridge opening to river traffic. The requirement to provide this is part of the Council’s statutory obligations under the s75 Agreement approved by Scottish Ministers. The specimen design has evolved as part of normal design and construction development processes including completion of further ground investigations, requirements from Clydeport regarding future operation of the bridge and layby berth and refinement of design and construction processes. 4.3 The finalised layby berth design approved by Peel is not fully accommodated within the land previously acquired from Clydeport. Additional land and servitude rights over a total area of 1.081 acres (purchase of 0.379 acre and servitude rights over 0.702 acre) are now required. 5. Provisional Terms and Conditions 5.1 The additional land and rights are required to provide a workable layby berth adjacent to new opening bridge. 5.2 The Council has no compulsory purchase powers outwith its boundary; therefore, the required acquisition has to be on a voluntary basis. The following factors impact on the price to be paid: Page 88 of 118
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There is no alternative location for the layby berth, which is an essential component of the new opening bridge. The land and rights must be acquired from Clydeport. The changes to the design have resulted from the natural development of the specimen design and the availability of additional ground condition detail including: o Increased spacing between dolphins, allowing larger vessels to moor more readily and with a greater mooring length. o Amendment to bollard arrangement to make use of the layby berth easier. o Extension of the sheet piled wall, providing additional permanent engineering support for the quay wall. Clydeport’s ability to demand an overage payment. The program delay and resultant increased construction and prolongation costs if the land and rights are not acquired by early September 2023. 5.3 The Council has undertaken extensive discussions with Clydeport regarding the additional land and rights required. Clydeport have maintained a purchase price of £500,000. Clydeport have not provided any valuation justification for this figure and Clydeport confirmed this is simply their overage price. 5.4 The Council’s original purchase of land at Rothesay Dock in 2019 was completed for a price in the region of £150,000/acre and so this sum is in excess of the previous price paid in this area. 5.5 The Council’s original purchase of land from Clydeport covering both north and south of the river was completed for a price in the region of £265,000/acre – this figure being raised above the figure for Rothesay Dock in isolation as the land south of the river was a tenanted investment property producing an income to Clydeport at the time, of @ £300,000 per annum. 5.6 The Council’s Registered Valuer has valued the land at £162,000 ignoring the ‘overage’ situation. 5.7 The Contractor requires to progress the works to the layby berth in early September as this is on the project critical path and it is a statutory requirement that alternative berth be in place prior to the bridge itself becoming operational. Although the price exceeds comparable land values, it is recommended that the acquisition proceeds at a price of £500,000 to avoid additional contract delays and spiralling construction costs which would quickly exceed the ‘overage’ payment of £338,000. ___________________________________________________________________ Page 89 of 118
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Implications of the Report 1. Financial and Legal – Payment of a purchase price of £500,000 which will be funded from project contingency. 2. HR & Organisational Development – Not Applicable. 3. Community/Council Planning – Our Renfrewshire is thriving – The opening bridge will help regenerate the Clyde Waterfront as an attractive riverside and urban area that supports existing and promotes new residential, industrial, commercial, business, retail and leisure opportunities. The project will better link communities and businesses on both sides of the river to a number of key locations including the Clyde Riverside, the Advanced Manufacturing and Innovation District Scotland (AMIDS), Clydebank, Renfrew, Paisley Town Centre and Braehead Centre. The project will help improve the attractiveness of the vacant, derelict and underused sites that offer immense potential for development of new and enhanced commercial, business and housing uses. Improved connections between key educational and health centres would also improve educational and health opportunities for people within the local communities as well as aiding employees to access these major employment centres. Projects outcomes are envisioned to reduce traffic congestion in Renfrew town centre and aid in improving air quality. Reshaping our place, our economy and our future - The completed CWRR infrastructure will provide connectivity and access to new and existing jobs for people in our communities and across the Glasgow City Region. Tackling inequality, ensuring opportunities for all - the employment related community benefit commitments create job opportunities for all but targeted at hard to reach citizens through liaison with Invest in Renfrewshire and similar Glasgow City Region employability services. Creating a sustainable Renfrewshire for all to enjoy - The completed infrastructure will help enable active travel and improve access to public transport links for people in our communities. Working together to improve outcomes - The CWRR project includes works within the boundaries of 3 local authorities: Renfrewshire Council; West Dunbartonshire Council and Glasgow City Council. The Council has worked closely with these other Glasgow City Region Member Authorities and Peel Ports, the Harbour Authority to take the project forward. By linking the communities of Renfrew, Yoker and Clydebank the CWRR project will provide improved connections between key educational and health centres, such as: Queen Elizabeth University Hospital; Golden Jubilee Hospital; West College Scotland (Clydebank and Paisley Campuses) and West of Scotland University. Page 90 of 118
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4. Legal - Disposal of the property as outlined in the body of the report. Best Value duty has been considered and this transaction is compliant. State Aid has been considered and the transfer of this Property is not State Aid. 5. Property/Assets – As per this report. 6. Information Technology – None. 7. Equality & Human Rights - (a) The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report. If required following implementation, the actual impact of the recommendations and the mitigating actions will be reviewed and monitored, and the results of the assessment will be published on the Council’s website. 8. Health & Safety – None. 9. Procurement – None. 10. Risk – The Property is conveyed subject to development conditions to ensure the land is used for outdoor electricity substations. Failure to provide the required land to SPD will lead to lack of supply and the new bridge will not function. 11. Privacy Impact – None. 12. Cosla Policy Position – Not Applicable. 13. Climate Risk – project has been designed based on the climate change parameters applicable at the time. The project has been designed in accordance with PAS 2080 which aims to reduce embedded carbon within the project development. _________________________________________________________ Author: Barbara Walker, City Deal and Infrastructure Programme Director; Email Barbara.walker@renfrewshire.gov.uk Page 91 of 118
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KEY LAND TO BE ACQUIREDPINK SERVITUDE RIGHT TO BE ACQUIREDBLUE Bollards Alpha Centre 1 9 11 18 17 4.9m BollardsMean High Water Springs 25 610 Mean High Water Springs 39 Path Depot 588 Sloping masonry 4.9m 4.9m 4.9m Mean High Water Springs 4.9m 4.9m 21 Church of 266 31 Hall 272 SOUTH DOUGLAS STREET 276 CLYDE STREET Our Holy Redeemer to 1 260 270 to 20 1 5.0m STREET 582 5 GLASGOW ROAD 15 586 6 Posts 590 Newshot 11 to HAMILTON STREET LB Terraces Edmonstone 594 23 10.4m3 Pavilion 17 588a Depot Posts Howcraigs Court 1 MP.75 Yoker Station Holm Park 1 Sub 6.5m 4 El (Football Ground) HAMILTON TERRACE YOKERBURN TERRACE 28 Sta 10 PH MILL ROAD Posts Court 32 9 DOCK 2 588 Garage Factory 13 Court 13 7.0m JOHN KNOX STREET 20 CLYDEHOLM TERRACE Terraces Works 5 423 11 Tk Tank SOUTH ELGIN STREET Tanks Fuel Depot ROAD Rothesay Dock Tank Tk 4.9m PW 412 CLYDE STREET 13 9 Tk 7 11 52 SOUTH BANK STREET 4.9m NORTH BANK PLACE NORTH ELGIN PLACE Garage Mean High Water Springs Shingle 39 4.9m 4.9m 48 2 Tk NAPIER STREET 2 Presby Tk Tk Mean High Water Springs Tk 14 23 1 404 Path 410 Tank El Sub Sta Tk Works SOUTH ELGIN PLACE Tk Terrace 22 12 Sloping masonry Tk GLASGOW Platform 50 NORTH ELGIN STREET MLWS MLW MLW MLW MLW MLW MLW MLWS 600 17 13 11 7 14 20 8 14 Playground El Sub Sta El Sub Sta Playground 485 Co Const, P Const & UA Bdy CCLW Co Const, P Const, PER & UA Bdy Burgh Const Bdy Def Co Const, P Const & UA Bdy Co Const, P Const, PER & UA Bdy Burgh Const Bdy CR Co Const, P Const & UA Bdy Mast (Telecommunication) 6 5 25 39 12 33 41 578 43 Mean High Water Springs MLWS Mean High Water Springs 8 10 4a 50 62 Andrew Court 5.8m 4.9m Mast Def SM Yoker Burn CF Shelter TCB GLASGOW ROAD ROTHESAY DOCK RIVER CLYDE DOCK STREET 0 50 100 m Plot Owners Lessees and Occupiers Area of Acquisition (m2) Acquisition Type Land Use Change from Original LIP 25A Clydeport Operations Limited, 16 Robertson Street, Glasgow, G2 8DS Owner 9,251 Permanent Grassed Area \ Light Vegetation \ Footpath \ River Bank \ River No change 25B Clyde Commercial Diving 58a Clydeford Road Cambuslang Glasgow G72 7JE 173 Permanent Concrete Hardstanding No change 25C Owner 3,643 Permanent River \ River Bank No change 25D Owner 8,187 Servitude (Dredging for Maintenance) River Bed No change 25E Owner 1,733 Servitude (Maintenance) Concrete Hardstanding Plot reduced in size 25F Offshore Workboats Limited Res Associated Limited 5 Royal Exchange Square Glasgow G1 3AH 281 Servitude (Maintenance) Concrete Hardstanding No change 25G Owner 3 Servitude (Maintenance) Grassed Area \ Light Vegetation Reduced plot area due to purchase of 25G1 in 2022 25G1 Owner 2,243 Permanent Grassed Area \ Light Vegetation New plot purchased in 2022 25H Peel Environmental Limited Peel Dome Intu Trafford Centre Manchester M17 8PL 102 Permanent Grassed Area \ Light Vegetation No change 25J Owner 3,025 Permanent River \ River Bank No change 25K Offshore Workboats Limited Res Associated Limited 5 Royal Exchange Square Glasgow G1 3AH No longer required Plot removed Concrete Hardstanding Plot removed 25L Owner 24 Permanent Carriageway No change 25M Owner 634 Permanent River \ River Bank New plot 25N Owner 867 Permanent River \ River Bank New plot 25O Owner 22 Permanent River \ River Bank New plot 25P Owner 722 Permanent River \ River Bank New plot 25Q Owner 27 Permanent Concrete Hardstanding New plot 25R Owner 52 Permanent Concrete Hardstanding New plot 25S Owner 98 Permanent Concrete Hardstanding New plot 25T Owner 104 Permanent Concrete Hardstanding New plot 25U Owner 1717 Permanent River \ River Bank and Concrete Hardstanding New plot 25V Owner 118 Permanent River \ River Bank New plot 10 0 20 30 40 50 60 70 80 90 100 This map is reproduced by permission of Ordnance Survey on behalf of HSMO. © Crown copyright and database right 2015. All rights reserved. Ordnance Survey Licence number 100023417. LIP Plan No.19 (Revised) CLYDE WATERFRONT AND RENFREW RIVERSIDE LAND INTEREST PLAN Page 93 of 118
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___________________________________________________________________ To: Infrastructure, Land & Environment Policy Board On: 30 August 2023 ___________________________________________________________________ Report by: Chief Executive ___________________________________________________________________ Heading: Disposal of Land for Substations – CWWR Bridge Supplies ___________________________________________________________________ 1. Summary 1.1 This report seeks to obtain the Boards agreement to the disposal of property, required for the creation of two electricity substations within the land acquired for the Clyde Waterfront and Renfrew Riverside (CWRR) project. __________________________________________________________________ 2. Recommendations 2.1 It is recommended that Board: - (i) agree to declare the property outlined in red on the attached plans (number 613351422-(1)-002), and (number ESC112516-(1)-002) surplus (The “Property”); (ii) agree to sell the Property to SP Distribution plc (“SPD”), along with servitude rights for appropriate connections, subject to the Head of Economy and Development agreeing their exact location and subject to the terms and conditions detailed within the body of this report; (iii) grant authority to the Head of Corporate Governance in conjunction with the City Deal & Infrastructure Programme Director to conclude the disposal of the Property as detailed in this Report. Item 10 Page 95 of 118
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3. Background 3.1 The Clyde Waterfront and Renfrew Riverside (CWRR) project comprises a new ‘opening’ bridge across the River Clyde; the Renfrew Northern Development Road and new cycle routes, all of which are aimed at providing improved access to development opportunities, employment, education, health and leisure locations. The Project will link the communities of Renfrew, Yoker and Clydebank and will provide improved access to the considerable job opportunities being delivered by the Glasgow Airport Investment Area Project (GAIA), including the national development known as the Advanced Manufacturing Innovation District Scotland (AMIDS). The AMIDS is already home to the new National Manufacturing Institute for Scotland (NMIS) and the Medicine Manufacturing Innovation Centre (MMIC). 3.2 Planning consent for the Project was granted by Scottish Ministers on 16th November 2018. 3.3 The Renfrewshire Council (Clyde Waterfront and Renfrew Riverside, City Deal) Compulsory Purchase Order 2018 was approved by Scottish Ministers and became operative on 4th September 2020. 3.4 The CWRR project provides the infrastructure for: improved traffic flows to and from the GAIA area; removal of potential increased congestion in Renfrew Town Centre; enhanced connectivity of GAIA to Glasgow and West Dunbartonshire - thus increasing its potential for success and increased rate of employment delivery. 3.5 CWRR also opens currently stalled opportunities for residential development sites on the river front, which could house the families attracted by the new employment opportunities at GAIA. 4. Current Construction 4.1 Work on the CWRR infrastructure started in December 2022 and to date new roads have been constructed and land prepared for the new river crossing. 4.2 The new opening bridge will require power supplies on both sides of the river to operate each swinging section of the bridge. 4.3 SPD has identified a suitable location within each of Lobnitz Dock (south of the river) and Rothesay Dock (north of the river) to house the required substations. Both locations are within land acquired by the Council to facilitate the delivery of the CWRR project. Page 96 of 118
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5. Provisional Terms and Conditions 5.1 This new electricity substations are required to provide power to the new opening bridge. 5.2 The Council will sell the land shown outlined in red extending to 25 square metres or thereby at each location, together with servitude rights over the areas shaded blue, on the attached plans, for a price of £1 each. The Servitude rights granted will be subject to the normal commercial terms of making good etc. 5.3 The land sale will be subject to the following ground burdens: • The Property will be used as an outdoor electricity substation with underground cables connecting thereto as described in the missives; 5.4 The Council will include the following restrictions on the land adjacent to the Property, in order to protect the SPD equipment: • No buildings or permanent fixtures shall be erected within a lateral distance of 2m on either side of the proposed underground cables, with the exception of street furniture required for the safe operation of the cycleway/footway and/or the road, including, but not limited to, lighting columns, fences and guard rails: • No trees or deep-rooted shrubs shall be permitted to be grown within a lateral distance of 2m on either side of the proposed underground cables. 5.5 In the event that the new outdoor electricity substations are required to be constructed in advance of the completion of the new access roads leading to the sites, the Council shall grant sufficient temporary rights of access for vehicles etc for the construction of the substations together with the installation of the associated underground cables from the public road to the Property. _________________________________________________________________________ Implications of the Report 1. Financial and Legal – The Council has a valuation report from an internal registered valuer and the land could reasonably be sold for between £127,000 - £150,000 per acre, as part of a larger disposal. This would value each 25 square metres (0.006 acre) to be transferred to SPD currently at circa £762 - £900. Section 74(2A) of the Local Government (Scotland) Act 1973 (“the 1973 Act”) permits the Council to dispose of land for less than the best consideration where either the best consideration that can reasonably be obtained is less than the threshold amount (£10,000), or the difference between that consideration and the proposed consideration is less than the marginal amount (25% of the best consideration). In this instance the Authority is satisfied the disposal is reasonable as the best consideration is well below the £10,000 threshold. The benefits to Renfrewshire and its residents of attracting occupiers to the AMIDS site includes the high-quality jobs and training in manufacturing skills that will be created and thereafter, high quality businesses and investment will be attracted to the Page 97 of 118
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surrounding location thereby creating further high-quality jobs. The Council’s position is also protected by the use restrictions and provisions detailed at clause 5.3 above. 2. HR & Organisational Development – Not Applicable. 3. Community/Council Planning – • Our Renfrewshire is thriving – The opening bridge will help regenerate the Clyde Waterfront as an attractive riverside and urban area that supports existing and promotes new residential, industrial, commercial, business, retail and leisure opportunities. The project will better link communities and businesses on both sides of the river to a number of key locations including the Clyde Riverside, the Advanced Manufacturing and Innovation District Scotland (AMIDS), Clydebank, Renfrew, Paisley Town Centre and Braehead Centre. The project will help improve the attractiveness of the vacant, derelict and underused sites that offer immense potential for development of new and enhanced commercial, business and housing uses. Improved connections between key educational and health centres would also improve educational and health opportunities for people within the local communities as well as aiding employees to access these major employment centres. Projects outcomes are envisioned to reduce traffic congestion in Renfrew town centre and aid in improving air quality. • Reshaping our place, our economy and our future - The completed CWRR infrastructure will provide connectivity and access to new and existing jobs for people in our communities and across the Glasgow City Region. • Tackling inequality, ensuring opportunities for all - the employment related community benefit commitments create job opportunities for all but targeted at hard to reach citizens through liaison with Invest in Renfrewshire and similar Glasgow City Region employability services. • Creating a sustainable Renfrewshire for all to enjoy - The completed CWRR infrastructure will help enable active travel and improve access to public transport links for people in our communities. • Working together to improve outcomes - The CWRR project includes works within the boundaries of 3 local authorities: Renfrewshire Council; West Dunbartonshire Council and Glasgow City Council. The Council has worked closely with these other Glasgow City Region Member Authorities and Peel Ports, the Harbour Authority to take the project forward. By linking the communities of Renfrew, Yoker and Clydebank the CWRR project will provide improved connections between key educational and health centres, such as: Queen Elizabeth University Hospital; Golden Jubilee Hospital; West College Scotland (Clydebank and Paisley Campuses) and West of Scotland University. Page 98 of 118
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4. Legal - Disposal of the property as outlined in the body of the report. Best Value duty has been considered and this transaction is compliant. State Aid has been considered and the transfer of this Property is not State Aid. 5. Property/Assets – As per this report 6. Information Technology – None. 7. Equality & Human Rights - (a) The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report. If required following implementation, the actual impact of the recommendations and the mitigating actions will be reviewed and monitored, and the results of the assessment will be published on the Council’s website. 8. Health & Safety – None. 9. Procurement – None. 10. Risk – The Property is conveyed subject to development conditions to ensure the land is used for outdoor electricity substations. Failure to provide the required land to SPD will lead to lack of supply and the new bridge will not function. 11. Privacy Impact – None. 12. Cosla Policy Position – Not Applicable. 13. Climate Risk – project has been designed based on the climate change parameters applicable at the time. The project has been designed in accordance with PAS 2080 which aims to reduce embedded carbon within the project development. _________________________________________________________ Author: Barbara Walker, City Deal and Infrastructure Programme Director; Email Barbara.walker@renfrewshire.gov.uk Page 99 of 118
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4.0m SM 4.3m Sinks )isKHUs5RDG 4.3m 4.m 4.3m &DU%UHDkHUs <DUG 4.0m SM 4.3m Sinks )isKHUs 5RDG 4.0m )isKHUs5RDG 4.3m 4.m 4.3m 7Dnk 'HSRW (OSXESWD 3 1(,/S75((7 &DU%UHDkHUs <DUG 'UJ.1R. 5HY. SWDWXs $3 &KHFk G'UDZn5HY 'DWH $SSU G 7iWOH 3URMHFW$SSU G 'DWHSFDOH'UDZn &KHFk G SFRWWisK3RZHU5HIHUHnFH &OiHnW &/<'(%5,'*(S287+M($'2:S,'( S75((75(1)5(:3$4S3 S8%S7$7,21 $48,S,7,21 $&48,S,7,21 (S&
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00 %(S& SEE SUBSTATION DETAIL SUBSTATION DETAIL SCALE 1:250 0m 25m 50m 75m 100m Scale - 1:1250 Page 100 of 118
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1 Fishers Road 4.0m 4.3m 4.5m 4.3m Tank Depot El Sub Sta 3 NEIL STREET Car Breakers Yard 5/1 4.0m SM 4.3m Sinks 1 Fishers Road 4.0m Fishers Road 4.3m 4.5m 4.3m Tank Depot El Sub Sta 3 NEIL STREET Car Breakers Yard 5/1 Drg. No. Rev. Status A3 Check'dDrawnRev Date Appr'd Title ProjectAppr'd DateScaleDrawn Check'd ScottishPower Reference: Client CLYDE BRIDGE SOUTH, MEADOWSIDE STREET, RENFREW, PA4 8SP SUBSTATION AQUISITION ACQUISITION ESC112516-(1)-002-01ESC112516 0m 25m 50m 75m 100m Scale - 1:1250 Page 101 of 118
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4.9m 4.9m 4.9m Def 5.8m 4.9m MHWS 582 Factory Mast Drg. No. Rev. Status A3 Check'dDrawnRev Date Appr'd Title ProjectAppr'd DateScaleDrawn Check'd ScottishPower Reference: Client CLYDE BRIDGE NORTH, DOCK STREET CLYDEBANK, G81 1LX SUBSTATION $&48,6,7,21 $&48,6,7,21 617554751-(1)-002-02 A617554751 SEE SUBSTATION DETAIL SUBSTATION DETAIL SCALE 1:250 0m 20m 40m 60m 80m Scale - 1:1000 Page 102 of 118
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___________________________________________________________________ To: Infrastructure, Land & Environment Policy Board On: 30 August 2023 ___________________________________________________________________ Report by: Chief Executive ___________________________________________________________________ Heading: Telecommunications Mast – Craigendhill, Erskine ___________________________________________________________________ 1. Summary 1.1 This report advises the Board on the provisional terms and conditions agreed for a new ground lease at Craigendhill, Erskine. 2. Recommendations 2.1 It is recommended that the Board: 2.2 Authorise the Head of Corporate Governance in conjunction with the Head of Economy and Development to conclude a new ground lease at Craigendhill, Erskine based on the terms and conditions detailed in this report. _________________________________________________________ 3. Background 3.1 EE Limited have been Council tenants at Craigendhill, Erskine, since 1994 and operate a mobile telecommunications network from a mast they have installed on site. The ground lease is now running on a year-to-year basis at a current annual rental of £4,663.00. 3.2 The Electronic Communications Code (the Code) governs the rights of telecommunications operators, and was originally included within the Communications Act 2003. The Code was updated as part of the Digital Economy Act 2017. The main effect this has for the Council as a site provider is that financially, the income to be received will be reduced. Item 11 Page 103 of 118
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Site providers will continue to receive some consideration and compensation, however this will no longer be in the form of an annual rental based on market value. The new Code has been in operation since December 2017 and since then, a number of Lands Tribunal decisions have established the basis for negotiating new lease agreements. 3.3 Board should also note that income from ground lease agreements is lower than leases atop multi-storey buildings. This is due to the investment required by telecommunications companies in providing a mast and infrastructure necessary to operate from a ground site. Rooftop sites naturally have the requisite height, power etc. as standard. Also ground sites are generally easily accessible and don’t attract compensation for providing access. 3.4 With the benefit of recent case law, discussions have taken place with representatives of EE Limited, and the following main terms and conditions have been provisionally agreed. 4. Proposed terms and conditions of lease 4.1 The existing lease shall be renounced at a mutually agreed date between both parties. This date shall also be the date of entry in the new lease. 4.2 The new lease shall be for a period of 10 years. 4.3 The new annual rent shall be £1,000.00. 4.4 The use shall continue as telecommunications mast only. 4.5 The tenant shall meet the Council’s reasonable legal and professional expenses incurred in concluding the new lease, capped at £3,500 in total. 4.6 All rent arrears, if any, shall be paid in full prior to concluding any new lease. 4.7 Note that the new lease must be concluded within 6 months from the date of this Board otherwise revised terms and conditions will be renegotiated. 4.8 Any other reasonable terms and conditions considered necessary by the Head of Corporate Governance and the Head of Economy & Development to protect the Council’s interest. ___________________________________________________________________ Implications of the Report 1. Financial – Annual income of £1,000 to be received. 2. HR & Organisational Development – None. 3. Community Planning – Jobs and the Economy – Existing telecommunications service will be maintained. Page 104 of 118
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4. Legal – New lease required. 5. Property/Assets – As per report 6. Information Technology – None. 7. Equality & Human Rights (a) The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report. Required following implementation, the actual impact of the recommendations and the mitigating actions will be reviewed and monitored, and the results of the assessment will be published on the Council’s website. 8. Health & Safety – None. 9. Procurement – None. 10. Risk – None. 11. Privacy Impact – None. 12. Cosla Policy Position – Not Applicable. _________________________________________________________ List of Background Papers (a) Not Applicable. ___________________________________________________________________ Author: andrew.smith@renfrewshire.gov.uk Page 105 of 118
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___________________________________________________________________ To: Infrastructure, Land & Environment Policy Board On: 30 August 2023 ___________________________________________________________________ Report by: Chief Executive ___________________________________________________________________ Heading: Alteration to Lease, KLAS Care (CIC), Gilmartin Road, LINWOOD ___________________________________________________________________ 1. Summary 1.1 This report advises the board on proposed changes to the existing lease to KLAS Care CIC to facilitate the development of a further building on site. ___________________________________________________________________ 2. Recommendations 2.1 It is recommended that the Board: 2.2 Authorise the Head of Corporate Governance in conjunction with the Head of Economy and Development to vary the existing lease to KLAS Care to facilitate the development of a further building on their leased area on the basis of the terms and conditions outlined in this report. _________________________________________________________ 3. Background 3.1 KLAS Care CIC (SC482117) were granted a lease of the former janitor’s house at East Fulton Primary School, Gilmartin Road, Linwood PA3 3SG following Board approval in March 2016. 3.2 The lease commenced on 31 January 2017 and was originally for a period of 15 years, extended to 25 years later in 2017. Expiry is due on 30 January 2042. There are break options for both parties as at 31 January in each of the years 2022, 2026, 2032 and 2037. The rent agreed is at a concessionary level and increases by 10% annually. Item 12 Page 109 of 118
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3.3 KLAS Care wish to add a further building on the leased area to provide a ‘wellbeing hub’ for children in their care. They have secured significant funding to construct the building. The construction has commenced without formal consent from Renfrewshire Council as landlord. The necessary planning consent and building warrants are in place. 4 Proposed Alterations to the Lease 4.1 The current lease does not permit the building of new or additional buildings. 4.2 It is proposed the wording of the lease be changed to permit additional building on the site subject to Landlord’s consent, and on such terms and conditions as the Head of Corporate Governance and Head of Economy and Development shall consider appropriate in that connection. All other terms to remain as they are. 4.3 Tenant to cover any Landlord’s legal costs and outgoings incurred. ___________________________________________________________________ Implications of the Report 1. Financial – None. 2. HR & Organisational Development – None. 3. Community Planning – Children and Young People – Extra childcare provision. 4. Legal – Alterations to lease will be required. 5. Property/Assets – As per report. 6. Information Technology – None. 7. Equality & Human Rights (a) The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report. If required following implementation, the actual impact of the recommendations and the mitigating actions will be reviewed and monitored, and the results of the assessment will be published on the Council’s website. 8. Health & Safety – None. 9. Procurement - None. 10. Risk – None. Page 110 of 118
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11. Privacy Impact – None. 12. Cosla Policy Position – Not Applicable. _________________________________________________________ List of Background Papers (a) Not Applicable. ___________________________________________________________________ Author: Aileen Johnston, Principal Estates Surveyor, aileen.johnston@renfrewshire.gov.uk Page 111 of 118
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___________________________________________________________________ To: Infrastructure, Land & Environment Policy Board On: 30 August 2023 ___________________________________________________________________ Report by: Chief Executive ___________________________________________________________________ Heading: Lease Renewals (Renfrewshire Council as Tenant), Tannahill Centre, Blackstoun Road, Ferguslie, Paisley. ___________________________________________________________________ 1. Summary 1.1 Renfrewshire Council is the tenant of The New Tannahill Centre Limited in two premises at the Tannahill Centre. The purpose of this report is to seek approval for a three month extension to these leases on existing terms to facilitate negotiation of terms for a longer lease renewal. ___________________________________________________________________ 2. Recommendations It is recommended that the Board: 2.1 Agree to the three month extension of the two leases on existing terms. _________________________________________________________ 3. Background 3.1 Renfrewshire Council has two leases at The Tannahill Centre, Blackstoun Road, Ferguslie, Paisley from landlord The New Tannahill Centre Limited. These are premises for Ferguslie pre-five Nursery and Ferguslie Library. 3.2 The lease for both premises commenced on 30 October 2014 running until 29 October 2022. They have continued on tacit relocation (rolled over) since then. The current rent for the library is £22,374 and for the nursery £31,931. 3.3 The landlord served a notice to quit on 20 July 2023 which will have the effect of ending the leases on 29 October 2023. Renfrewshire Council must agree new lease terms with the landlord to remain in the premises. Item 13 Page 115 of 118
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This timescale would not allow time for negotiation in advance presenting agreed terms to the relevant ILE Board. 3.4 Both the nursery and the library services have been consulted and wish to remain in the Tannahill Centre, so terms are to be negotiated with the landlord. 3.5 Due to the timing of the notice to quit and the termination date, a three month extension to the leases, on existing terms, has been offered by the landlord in order to accommodate Renfrewshire Council board cycles and allow for negotiation of terms. ___________________________________________________________________ Implications of the Report 1. Financial - None 2. HR & Organisational Development - None 3. Community Planning – Children and Young People – Continued childcare provision. 4. Legal – Alterations to lease will be required. 5. Property/Assets – As per report. 6. Information Technology – None. 7. Equality & Human Rights (a) The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report. If required following implementation, the actual impact of the recommendations and the mitigating actions will be reviewed and monitored, and the results of the assessment will be published on the Council’s website. 8. Health & Safety - None 9. Procurement - None. 10. Risk - None 11. Privacy Impact - None 12. Cosla Policy Position – Not Applicable. _________________________________________________________ List of Background Papers (a) Not Applicable. Page 116 of 118
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___________________________________________________________________ Author: Aileen Johnston, Principal Estates Surveyor, aileen.johnston@renfrewshire.gov.uk Page 117 of 118
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