Agenda Document Pack - Economic Development and Infrastructure Services Committee - 29/04/2025
Moray Council · 29 April 2025
Back to Economic Development and Infrastructure Services Committee — 29 April 2025 and its agenda
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Economic Development and Infrastructure Services Committee Tuesday, 29 April 2025 NOTICE IS HEREBY GIVEN that a Meeting of the Economic Development and Infrastructure Services Committee is to be held at Council Chambers, Council Office, High Street, Elgin, IV30 1BX on Tuesday, 29 April 2025 at 09:30. BUSINESS 1. Sederunt 2. Declaration of Group Decisions and Members Interests * 3. Resolution Consider, and if so decide, adopt the following resolution: "That under Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting for Items 18 and 19 of business on the grounds that it involves the likely disclosure of exempt information of the class described in the relevant Paragraphs of Part 1 of Schedule 7A of the Act.” 4. Minute of meeting dated 4 February 2025 7 - 10 5. Written Questions ** 6. A941 Petition Briefing Report Report by the Depute Chief Executive (Economy, Environment and Finance) 11 - 22 7. Environmental Protection Capital and Revenue Budgets Report by the Depute Chief Executive (Economy, Environment and Finance) 23 - 32 Page 1
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8. Environmental and Commercial Services and Economic Development Capital and Revenue Budget Monitoring Report by the Depute Chief Executive (Economy, Environment and Finance) 33 - 52 9. Roads Maintenance Revenue and Capital Budget 2025-26 Report by the Depute Chief Executive (Economy, Environment and Finance) 53 - 64 10. Transportation Capital and Revenue Budgets Report by the Depute Chief Executive (Economy, Environment and Finance) 65 - 74 11. Flood Risk Management and Bridges Capital and Revenue Budgets 2025-2026 Report by the Depute Chief Executive (Economy, Environment and Finance) 75 - 84 12. Burial and Cremation (Scotland) Act 2016 Report by the Depute Chief Executive (Economy, Environment and Finance) 85 - 92 13. Disabled Parking Review Report by the Depute Chief Executive (Economy, Environment and Finance) 93 - 110 14. Roads Asset Management Planning Report by the Depute Chief Executive (Economy, Environment and Finance) 111 - 120 15. North of Scotland Electric Vehicle Charging Infrastructure Partnership Report by the Depute Chief Executive (Economy, Environment and Finance) 121 - 154 16. Berthing Policy - Leisure Report by the Depute Chief Executive (Economy, Environment and Finance) 155 - 166 17. Information Reports - if called in Page 2
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Item(s) which the Committee may wish to consider with the Press and Public excluded 18. West Beach Car Park Lossiemouth [Para 6 and 9] • 6. Information relating to the financial or business affairs of any particular person(s); • 9. Information on terms proposed or to be proposed by or to the Authority; 19. Review of Industrial Estate Report - [Para 8 and 9] • 8 & 9. Information on proposed terms and/or expenditure to be incurred by the Authority; Information Reports - Not for Discussion at this Meeting Any member wishing to call in a noting or information report from one meeting shall give notice to Committee Services at least 48 hours before the meeting for which the report is published. The Notice shall be countersigned by one other elected member and shall explain the reason for call in including any action sought. Information Report - List of Property Transactions Concluded Under Delegated Powers Information Report 167 - 178 Watching the Meeting You can watch the webcast live by going to: http://www.moray.gov.uk/moray_standard/page_43661.html Webcasts are available to view for 1 year following the meeting. You can also attend the meeting in person. If you wish to attend in person, please come to the High Street entrance door and a member of staff will let you into the Chamber. Page 3
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Summary of Economic Development and Infrastructure Services Committee functions: Roads Authority; Lighting Authority, Reservoirs Act 1975, Public Passenger Transport; Flood Prevention; Twinning; Piers and Harbours and Coast Protection; Industrial and Commercial Development; Environmental Protection; Burial Grounds; Assistance to Industry or Commerce; Public Conveniences; Council Transportation; Catering & Cleaning; Land Reform (Scotland) Act 2003; Countryside Amenities; Tourism, monitoring funding from European Programmes, youth training and employment creation scheme and provide Architectural, Quantity Surveying, Maintenance and Allied Property Services. Page 4
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GUIDANCE NOTES * Declaration of Group Decisions and Members Interests - The Chair of the meeting shall seek declarations from any individual or political group at the beginning of a meeting whether any prior decision has been reached on how the individual or members of the group will vote on any item(s) of business on the Agenda, and if so on which item(s). A prior decision shall be one that the individual or the group deems to be mandatory on the individual or the group members such that the individual or the group members will be subject to sanctions should they not vote in accordance with the prior decision. Any such prior decisions will be recorded in the Minute of the meeting. ** Written Questions - Any Member can put one written question about any relevant and competent business within the specified remits not already on the agenda, to the Chair provided it is received by the Proper Officer or Committee Services by 12 noon two working days prior to the day of the meeting. A copy of any written answer provided by the Chair will be published on the Council’s committee management system by 4pm the day before the meeting. The Member who has put the question may, after the answer has been published, ask one supplementary question directly related to the subject matter at the meeting, but no discussion will be allowed. No supplementary question can be put or answered more than 10 minutes after the Council has started on the relevant item of business, except with the consent of the Chair. If a Member does not have the opportunity to put a supplementary question because no time remains, then he or she can submit it in writing to the Proper Officer who will arrange for a written answer to be provided within 7 working days. Page 5
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MORAY COUNCIL Economic Development and Infrastructure Services Committee SEDERUNT Councillor Marc Macrae (Chair) Councillor Amber Dunbar (Depute Chair) Councillor Tracy Colyer (Member) Councillor John Cowe (Member) Councillor John Divers (Member) Councillor Jérémie Fernandes (Member) Councillor David Gordon (Member) Councillor Juli Harris (Member) Councillor Sandy Keith (Member) Councillor Elaine Kirby (Member) Councillor Paul McBain (Member) Councillor Shona Morrison (Member) Councillor John Stuart (Member) Councillor Draeyk van der Horn (Member) Councillor Sonya Warren (Member) Clerk Name: Lissa Rowan Clerk Telephone: 07765 741754 Clerk Email: committee.services@moray.gov.uk Page 6
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MORAY COUNCIL Minute of Meeting of the Economic Development and Infrastructure Services Committee Tuesday, 4 February 2025 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor Peter Bloomfield, Councillor John Divers, Councillor Amber Dunbar, Councillor Jérémie Fernandes, Councillor David Gordon, Councillor Juli Harris, Councillor Sandy Keith, Councillor Marc Macrae, Councillor Paul McBain, Councillor Shona Morrison, Councillor John Stuart, Councillor Draeyk van der Horn, Councillor Sonya Warren APOLOGIES Councillor John Cowe IN ATTENDANCE Depute Chief Executive (Economy, Environment and Finance); Head of Environmental and Commercial Services: Acting Head of Economic Growth and Development: Legal Services Manager; Paul Wolverson, Service Manager; Business Manager/Community Wealth Building Officer and Caroline O'Connor, Committee Services Officer. ALSO IN ATTENDANCE Councillor Neil Cameron, Councillor Elaine Kirby, Councillor Bridget Mustard, Councillor Derek Ross 1. Chair Councillor Macrae, being Chair of the Economic Development and Infrastructure Services Committee, chaired the meeting. 2. Declaration of Group Decisions and Members Interests * In terms of Standing Orders 21 and 23 of the Councillors’ Code of Conduct, there were no declarations from Group Leaders or Spokespersons in regard to any prior decisions taken on how Members will vote on any item on the agenda or any declarations of Member’s interests in respect of any item on the agenda. 3. Minute of meeting dated 12 November 2024 The Minute of the meeting of the Economic Development and Infrastructure Services Committee dated 12 November 2024 was submitted and approved. 4. Written Questions The meeting noted the following written question submitted by Councillor Fernandes and the Council's response thereto: Item 4. Page 7
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St Giles Business Relocation Support Can officers provide an update on how many businesses previously based in the St Giles Centre have indicated they want to stay in Elgin? Has any funding been identified or made available to help with their relocation costs? RESPONSE It is our understanding that 11 businesses are hoping to stay in Elgin. £250,000 of UK Shared Prosperity funding (UKSPF) has been set aside to provide a grant scheme to support businesses directly impacted by the closure of the St. Giles Centre in Elgin. The scheme is designed to encourage businesses to remain in Elgin. Town centre and grants are available to support relocation, refurbishment, and operational adjustments. This initiative was developed by the Multi-Agency Emergency Task Force, which was formed in response to the closure announcement on 8th January. The Moray Economic Partnership approved the scheme under the Communities and Place theme, which supports town centre regeneration. Moray Council will administer the grants. 5. Marine Safety and Operational Summary of 2024-2025 Quarter 1 - Quarter 3 The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) informing the Committee on matters of Marine Safety and compliance with the Port Marine Safety Code for the year 2024/25 quarters 1 to 3. Following lengthy consideration the Committee unanimously agreed to:- (i) note the safety performance as set out in the report, fulfilling their function as Duty Holder under the Port Marine Safety Code (PMSC); (ii) note the findings of the PMSC Audit carried out by the Designated Person (Marex Marine); and (iii) approve the review of the Harbours Safety Management System, fulfilling their function as Duty Holder under the Port Marine Safety System. 6. Overnight Stays By Campervans and Motorhomes The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) informing Committee of the current position regarding overnight stays for campervans and motorhomes on Council owned land, and seeking approval to consult with local communities on how overnight parking should be formally managed and the suggested roadmap for progressing this issue. With reference to paragraph 9.2 the Service Manager advised that since the report had been written, Planning had advised that planning permission was not required given the small scale of the scheme. Therefore any references to costs or timescales in relation to planning permission were no longer applicable. On the invitation of the Chair, Councillor Ross stated concerns relating to a number of issues received from representations by his constituents. Item 4. Page 8
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During the course of discussion Councillor van der Horn raised concerns relating to there being insufficient information on the consultation process, how the scheme would be policed and concerns relating to the list of sites to be considered and moved recommendations (ii) to (iv) be deleted. This was seconded by Councillor Keith. In response the Head of Environmental and Commercial Services advised the consultation process would highlight any concerns, include suggestions from the public as to other potential locations and was necessary to inform any decision the Committee was to take on a proposed policy. As an amendment and following on from the concerns raised by Councillor van der Horn, Councillor Gordon moved to add the word “provisional” to recommendation (ii) to ensure there was clarity that it was a provisional list of sites. Furthermore Councillor Gordon, noting Stage 2 was missing from the roadmap referenced at paragraph 13.1, moved to add a new Stage 2 with the action being for a Members Briefing to be held to help shape the policy to be considered before the results of the consultation are reported back to Committee as detailed in Stage 3. This was seconded by Councillor Dunbar. On a division there voted:- For the Motion (6) Councillors van der Horn, Keith, Fernandes, Harris, Morrison, Warren For the Amendment (7) Councillors Gordon, Dunbar, Bloomfield, Divers, Macrae, McBain, Stuart Abstentions (0) Accordingly, the Amendment became the finding of the Committee and it was agreed to:- (i) note the background information relating to overnight stays by campervans and motorhomes; (ii) approve the provisional list of sites at paragraph 11.2 to be considered as a designated car park for overnight stays for campervans and motorhomes; (iii) approve that a consultation exercise is undertaken with local communities to obtain information on how local communities feel overnight stays should be managed; (iv) approve that the findings of the consultation are presented to a future meeting of this Committee for member to consider how overnight stays should formally be managed in Moray on Council owned land; and (v) approve the suggested roadmap for progressing an overnight stays scheme with the addition of a new Stage 2 for a Members Briefing to be held before the results of the consultation are reported back to this Committee. 7. Update on the Use of Glyphosate Item 4. Page 9
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The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) informing Committee of the current position with regards the legal use of glyphosate and providing an update on the Council's pathway to ceasing the use of glyphosate. During discussion Councillor van der Horn raised concerns relating to the lack of engagement with appropriate networks, summaries in paragraph 7.7 which could be misconstrued, no breakdown of the costs in relation to commissioning of an external provider and lack of cost comparisons for alternatives. He moved to pursue option 2 in recommendation (ii) and that recommendation (iv)(b) be approved with the addition of the words “and investigating whether this cost of delivery could be in-part offset with network partnerships working in collaboration”. This was seconded by Councillor Harris. As an amendment Councillor Dunbar moved to pursue option 1 in recommendation (ii), approval of recommendation (iii) and removal of recommendation (iv). This was seconded by Councillor Bloomfield. On a division there voted:- For the Motion (6) Councillors van der Horn, Harris, Fernandes, Morrison, Stuart and Warren For the Amendment (7) Councillors Dunbar, Bloomfield, Divers, Gordon, Keith, Macrae and McBain Abstentions (0) Accordingly, the Amendment became the finding of the Committee and it was agreed:- (i) to note the contents and wider context of the report; (ii) to pursue option 1 at para 9.4; and (iii) as there is no clarity on the duration of the UK licence which may not be extended in line with the EU position leading to repeated annual reports to council, that officers monitor the position and that, should a ban be introduced within 3 years, authority is delegated to the Head of Environmental & Commercial Services to take the necessary steps (including the outsourcing of preparatory work) for the Council to be compliant with a ban, noting that this will create a budget pressure. 8. Supplier Development Programme Membership The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) inviting the Committee to review membership of the Supplier Development Programme. Following consideration the Committee unanimously agreed to approve the withdrawal of the Supplier Development Programme full membership for 2025/26 onwards. Item 4. Page 10
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Report to: Economic Development and Infrastructure Services Committee Meeting Date: 29 April 2025 Report by: Depute Chief Executive (Economy, Environment and Finance) Report No: ECS018/25/EP Author: Elaine Penny Contact Email: elaine.penny@moray.gov.uk Subject: Briefing Report: PE2025-001 – Elgin – Lossie Safety Spine 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to consider the recently submitted Petition PE2025-001 in relation to the Elgin – Lossie Safety Spine. 1.2 This report is submitted to Committee in terms of Section III (A) (5) of the Council’s Scheme of Administration relating to the consideration of petitions relative to the Committee’s matters. 2. SUMMARY 2.1 Petition PE2025-001 was received from Luke Stevenson on 17 March 2025 and is set out at Appendix 1. 2.2 Summary of Petition Request Implement new safety infrastructure in the form of: • no overtaking lines along key areas of the road/junctions; • new solar cats’ eyes to increase lane visibility; • street lighting along the path that will directly benefit pedestrians, cyclists, and road users; • additionally a filter lane on the A941 turning left to the B9135 to improve vision and field of view for road users joining the main road; • Furthermore, a consideration could be made to reduce the speed limit of the road. Item 6. Page 11
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3. RECOMMENDATIONS 3.1 It is recommended that Committee: i) consider the report and petition set out in Appendix 1; and ii) agree one of the options below: • direct that the petition (in whole or part) proceed to a full hearing, at the next available date of that service committee, another appropriate service committee or full council, at which a further report will be presented by officers detailing the full background to the petition and addressing any issues of particular interest to members; • reject the petition (in whole/part) stating reason; • for simple issues instruct immediate action by the council without any further hearing or report; • pass the petition to the relevant Depute Chief Executive and chairperson to look into, with or without any specific direction as to action. Elaine Penny Engineer (Traffic) 4. PETITION DETAILS 4.1 Title of Petition: Elgin – Lossie Safety Spine 4.2 Petitioner: Luke Stevenson 4.3 Petition Statement: We, the undersigned, call upon the local authorities and transport agencies to prioritise the safety of all road users on the A941 and B9135 between Elgin and Lossiemouth. Implementing new safety infrastructure in the form of; no overtaking lines along key areas of the road/junctions, new solar cats’ eyes to increase lane visibility, street lighting along the path that will directly benefit pedestrians, cyclists, and road users, additionally a filter lane on the A941 turning left to the B9135 to improve vision and field of view for road users joining the main road. Furthermore, a consideration could be made to reduce the speed limit of the road. Such measures, alongside enhanced signage, reflective markers, and regular maintenance, will protect all road users, including cyclists and pedestrians, and align with Moray’s commitment to public safety. The A941 is a critical route for residents, commuters, and visitors, yet it has become increasingly hazardous due to the growing volume of traffic, speeding, and adverse weather conditions common in the Moray region. The lack of adequate road separation contributes to collisions, endangering lives and causing distress to families and communities. Item 6. Page 12
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Road safety is not a luxury but a necessity. By investing in these improvements, we can reduce accidents, save lives, and ensure the A941 remains a safe and reliable link between Elgin and Lossiemouth. 4.4 Action taken to resolve issues of concern before submitting the petition: NESCAMP (North East Safety Camera Partnership) regularly carries out speed checks on the A941 between Lossiemouth and Rothes. Roads Policing (RP) units also carry out regular speed check on both the A941 and the B9135 as there have previously been complaints from Muirton residents of speeding on the B9135. Officers within the Community Policing Teams (CPT) are also trained in the use of speed detection equipment, they are permitted to conduct speed checks within the built-up areas only, speed checks in national speed limit area falls to RP. That is not to say that CPT units don’t patrol the A941 and B9135, they do, on a daily basis. Any driving offences, for examples careless driving, drink/drug driving, vehicle defect etc are dealt with by both CPT and RP officers. The A941 is a priority patrol route for RP officers along with other routes in Moray /Aberdeen-shire area. This means that RP officers will patrol the route at least on a weekly basis, however in the case of the A941 and its proximity to the RP base in Elgin there are RP vehicles on the route on a daily basis. During specific campaign periods RP will run stop checks on the A941 to aid in the detection of drink/drug driving offences and most recently to carry out winter road safety checks. 5. BACKGROUND 5.1 The FOI response FOI 24-3159 from Police Scotland to the request for road accident data for the A941 and the B9135 is attached at Appendix 2. The response states that there are no collisions recorded on the B9135 during 2024 and in the initial FOI response there were 17 Collisions recorded for the A941. These figures were queried by the Council, and it became apparent that there had been an error in compiling the data. The FOI has subsequently been updated to 9 collisions, involving 17 vehicles, resulting in 15 casualties. This is for the whole of the A941 from its junction with the A97 at Rhynie in Aberdeenshire, through the Cabrach to Dufftown, Craigellachie, Rothes and Elgin to Lossiemouth. All incidents happened in areas where the national speed limit applies. 5.2 The number of these accidents which happened on the A941 between Elgin and Lossiemouth was 3, involving 8 vehicles and 5 casualties, of which 3 people were killed. 5.3 The community has reported that drivers feel uncomfortable exiting the B9135 turning right. There is also a perception of high speeds between Spynie Palace and Lossiemouth. The number of pedestrians walking straight on into Lossiemouth rather than using the cycletrack gives cause for concern due to the overgrown verge and high traffic speeds especially in the hours of darkness. 5.4 The main causes of the 3 collisions recorded were • Ineffective observation • Driver/rider being aggressive, dangerous or reckless Item 6. Page 13
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• Affected by drugs or alcohol • Inexperienced driver/rider 5.5 None of the 3 recorded collisions suggest that the road layout specifically was a factor in them. 5.6 The Moray Road Safety Plan to 2030 highlights the A941 from Lossiemouth to the Cabrach as the council road in Moray with the highest urban and rural accident rates (casualties/km per annum). The road safety capital funding and the Scottish Government Road Safety Improvement fund grant are available to carry out road accident analysis on an annual basis and otherwise as identified and to use this information to carry out effective and appropriate AIP engineering measures at identified locations. We have also committed to concentrate resources on reducing the number and severity of rural accidents, particularly those associated with speed. 5.7 Traditionally, road accident investigations on a specific section of road consider a 3 or 5 year time period. At this location the data reviewed has considered a 10 year period. Over that time there have been 16 recorded collisions, involving 32 vehicles, resulting in 23 casualties. 5 of those people died on this road during this period. 4 incidents have been at the junction of the A941/B9135. 6. RECOMMENDATIONS / IMPLICATIONS OF CARRYING OUT REQUESTED ACTIONS 6.1 The response to each of the requests are: No overtaking lines are only permitted by the regulations where the visibility for drivers falls below a specified distance. That distance is achieved and indeed exceeded for the B9135 junction and for overtaking opportunities between Spynie Palace bend and the hill crest at the former Sunbank Quarry. Therefore no amendments can be made to the current centreline in terms of preventing overtaking. Additionally, if double white lines were introduced on the whole length of the road between Elgin and Lossiemouth, then this reduces the impact of the locations on the sections where the no overtaking lines are required, leading to risky behaviours in these locations. 6.2 New cats’ eyes may be considered as part of upgraded lining works which are planned for 2025/26 or in the future, subject to funding availability. 6.3 Street lighting on a rural road can increase light pollution and there are economic and environmental costs of providing the lighting. It can also have a negative effect as driver’s eyes adjust to no lighting on the sections of road immediately outwith the lit area, which is where most collisions have taken place over the past 10 years. On balance it is not considered an appropriate solution for this location. 6.4 The use of filter lanes in similar junctions has been gradually removed over the years due to confusion for right turning drivers and what the driver behind is doing. Having one vehicle to deal with at a time in the decision-making process is preferred. Visibility meets and indeed exceeds the requirement for this location. Turning traffic also slows following traffic, increasing awareness of the junction and helps with overall speed management in the area. Item 6. Page 14
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6.5 The Speed management review, currently being undertaken by Transport Scotland may well introduce 50mph speed limits on single carriageway roads in Scotland. Introducing that limit here at this stage pre-empts the outcome of this review. 7. PETITIONS PROCESS 7.1 In terms of the process for considering petitions this is the preliminary hearing and the Committee may decide as follows:- • Direct that the petition (in whole or part) proceed to a full hearing, at the next available date of that service committee, another appropriate service committee or full council, at which a further report will be presented by officers detailing the full background to the petition and addressing any issues of particular interest to members; • Reject the petition (in whole/part) stating reason; • For simple issues instruct immediate action by the council without any further hearing or report; • Pass the petition to the relevant director and chairperson to look into, with or without any specific direction as to action. 8. CONSIDERATIONS AND FINANCIAL IMPLICATIONS 8.1 The Council welcome the interest of the signatories. 8.2 There is an ongoing programme of upgrading lining and cats eyes on the main roads in Moray. This will be rolled out to the A941 in sections as part of the route action plan. These works are budget dependent and there is a Capital allocation for Road Safety Schemes and there is also the Transport Scotland grant allocation from the Road Safety Improvement fund. Schemes for implementation during 2025/26 have still to be finalised, but the A941 work has been prioritised. 9. CONCLUSIONS 9.1 There is a clear concern from the community about Road Safety on the A941 and B9135 between Elgin and Lossiemouth. It is prioritised within the council’s works programme for 2025/26 however the evidence on the type of interventions suggested show that they are mostly inappropriate. Item 6. Page 15
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Appendix 1 Item 6. Page 16
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OFFICIAL scotland.police.uk @PoliceScotland PoliceScotland OFFICIAL Freedom of Information Response Our reference: FOI 24-3159 Responded to: 27 March 2025 Your recent request for information is replicated below, together with our response. I am writing to request information under the Freedom of Information (Scotland) Act 2002. The purpose of this request is to obtain road traffic accident data for the A941 and B9135 roads to inform and support efforts to improve road safety in these areas. Specifically, I would like to request the following information for the period from 01 January 2024 to the present date: 1. The total number of road traffic accidents/collisions reported on the A941 and B9135. I can confirm that during the period 01st January 2024 – 31st December 2024, there has been a total of 9 road traffic collisions (RTC) reported to have taken place on the A941. Regarding the number of RTC on B9135 during the same period, I can confirm the information sought is not held by Police Scotland and section 17 of the Act therefore applies. By way of explanation, there are no records of RTC taken place on the B9135, during the time frame requested, however, it should be noted that Ordnance Survey polygons overlap at the junction of these two roads. One accident was returned in both datasets due to the overlap. As this accident reports the First Road Class as A941, it was included in the data provided for the A941. Please note that a reportable collision is defined at section 170 of the Road Traffic Act 1988 and describes the legal responsibility on those drivers involved to report the matter to the police. Where those involved exchange personal details, there is no legal requirement to report a collision to the police, and this applies particularly to non-injury collisions. Item 6. Page 19
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OFFICIAL scotland.police.uk @PoliceScotland PoliceScotland OFFICIAL As such, there may have been other collisions at the location specified in your request, which were not reported to Police Scotland, or which were reported, but did not require a collision report to be created. Any such incidents will therefore not be included within the data. 2. The total number of fatalities resulting from road traffic accidents on these roads. There is a total of 5 fatalities from the 9 RTCs mentioned above. 3. Any contributory factors or conditions reported in connection with these incidents (e.g., weather conditions, driver behaviour, road conditions). Of the 9 recorded RTCs I can advise the following conditions are noted: Lighting conditions: 4 x Darkness with no street lighting 5 x Daylight with streetlights on Weather conditions: 7 x Fine no high winds 1 x Raining no high winds 1 x other Road surface conditions: 5 x wet/ damp 4 x Dry If you require any further assistance, please contact us quoting the reference above. You can request a review of this response within the next 40 working days by email or by letter (Information Management - FOI, Police Scotland, Clyde Gateway, 2 French Street, Dalmarnock, G40 4EH). Requests must include the reason for your dissatisfaction. Item 6. Page 20
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OFFICIAL scotland.police.uk @PoliceScotland PoliceScotland OFFICIAL If you remain dissatisfied following our review response, you can appeal to the Office of the Scottish Information Commissioner (OSIC) within 6 months - online, by email or by letter (OSIC, Kinburn Castle, Doubledykes Road, St Andrews, KY16 9DS). Following an OSIC appeal, you can appeal to the Court of Session on a point of law only. This response will be added to our Disclosure Log in seven days' time. Every effort has been taken to ensure our response is as accessible as possible. If you require this response to be provided in an alternative format, please let us know. Item 6. Page 21
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Report to: Economic Development and Infrastructure Services Committee Meeting Date: 29 April 2025 Report by: Depute Chief Executive (Economy, Environment and Finance) Report No: ECS007/25/PW Author: Paul Wolverson Contact Email: paul.wolverson@moray.gov.uk Subject: Environmental Protection Capital and Revenue Budgets 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to approve the plans to deliver the capital and revenue programme in Environmental Protection in 2025/26. 1.2 This report is submitted to Committee in terms of Section III (F) (34) of the Council's Scheme of Administration relating to the provision, development and monitoring of the Council’s Economic Development and Infrastructure Services. 2. SUMMARY 2.1 The revenue budgets support the delivery of the business as usual activities of the waste, open spaces, catering and facilities services. 2.2 The capital budgets for 2025/26 with regards waste management will be used to support the capping of the landfill site and the provision of the wheeled bins for domestic and commercial premises. 2.3 The capital budgets for 2025/26 with regards open spaces will be used to support the construction of a new cemetery in Elgin, as well as improvements in play areas. 2.4 The capital budgets for 2025/26 for facilities management will be used on an emerging basis to replace any broken and damaged equipment. Item 7. Page 23
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2.5 The report asks Members to approve the proposed revenue and capital spend within Environmental Protection. 3. RECOMMENDATIONS 3.1 It is recommended that Committee: i) approve the plans to deliver the capital programme for 2025/26 as contained in this report; ii) grant delegated authority to the Service Manager (Open Space, Waste Management, Catering & Facilities) to proceed with necessary maintenance works and prioritise the works in accordance with any budgetary restrictions; iii) delegate authority to the Head of Environmental and Commercial Services to apply for grants in support of the areas of work identified in sections 5; and iv) note the potential limitations and implications of the capital allocation for 2025/26 with regards improvements works in the Councils recycling centres, cemeteries and parks and open spaces. Paul Wolverson Service Manager 4. BACKGROUND AND CONTEXT 4.1 The Environmental Protection team delivers the council services and duties in relation to waste and recycling, open spaces, school catering and facilities management. 4.2 The revenue budgets fund the business as usual activities for the different service areas. This includes: • Waste and recycling collections. • Provision of Household Waste and Recycling Centres. • Littering picking and litterbin emptying. • Street sweeping. • Maintenance of the Councils Parks and Open Spaces. • Highway verge grass cutting. • Cemetery provision and management, including a burial service. • Preparation and provision of school meals across the Councils school estate. • Building cleaning and Janitorial service across the Councils assets. Item 7. Page 24
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4.3 This report sets out plans how the respective teams within Environmental Protection will deliver the services and duties in line with the approved capital budgets for the financial year 2025/26. 5. PROPOSALS 5.1 The proposed capital plan for waste and recycling services for 2025/26 is shown below. Capital Project Cost Capital Classification Dallachy Landfill site £1,000,000 Named Project Domestic & Trade Waste Bins £65,000 Core Project Upgrade of containers at recycling centres £23,000 Core Project Total £,1,088,000 5.2 Dallachy Landfill Site From December 2025 the landfilling of biodegradable waste will be banned. In accordance with the imminent ban, final capping at Dallachy Landfill will commence from the end of March 2025. The exercise should be completed by quarter two of 2025/26. The capital funds will support this project. 5.3 Domestic and Trade Waste Bins Developers are recharged for the provision of bins to new build properties. In addition, where bins are provided to commercial customers, or for the garden waste collection scheme, the Council receives an income. It should therefore be noted that some of the capital expenditure cost will be indirectly offset by the income allocated to the revenue budgets. It should also be noted that with the application of a cap that the amount of spend on bins will be reduced in 2025/26. 5.4 Upgrade of containers at recycling centres The Council has a statutory responsibility to provide Household Waste and Recycling Centres (HWRCs). The Council currently provides 5 HWRCs. In addition, the Council provides 22 mini recycling centres located in strategic locations throughout Moray. 5.5 These sites contain skips of varying different types. The skips receive significant usage, and as a result the general wear and tear can render a skip unsafe to use. The capital funds for this project are used to fund replacement, or refurbishment to existing skips, to ensure the Council has adequate provision of skips for the public to dispose of their waste. It should be noted that with the application of a cap, the amount of spend on replacement skips is reduced in 2025/26. This could mean that certain skips do not get replaced and consequently the ability to dispose of certain non-household materials, such as wood or construction waste, may need to be withdrawn from HWRC sites, even if on a temporary basis, in order to utilise skips for other materials. Item 7. Page 25
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5.6 The proposed capital plan for open spaces in 2025/26 is shown below. Capital Project Cost Capital Classification Children’s Play Areas (Parkland) £469,000 Core Project but SG Funded Cemetery Provision in Elgin £2,051,000 Named Project Cemetery Provision in Moray £0 Core Project Parks and Open Spaces Infrastructure £0 Core Project Total budget £2,520,000 5.7 It should be noted that for 2025/26 a £215,000 cap has been applied to capital projects within Open Spaces. Unfortunately, the costs of the Children’s Play Areas (Scottish Government Grant funded) were incorrectly included when calculating the cap. Consequently, an increased level of cap has been applied to Open Spaces. The result is that currently there is no capital budget available for improvements works in cemetery provision in Moray, and Parks and Open Spaces Infrastructure. 5.8 A report will be presented to Council in June 2025 to seek additional funds to address this oversight. However, the capital plan and information within this report has been based on the current approved capital fund of £2,520,000. 5.9 Children’s Play Areas (Parkland) The Council currently receives funding from Scottish Government through the Renewal of Play Parks fund for the improvement/refurbishment to its play areas. The five year funding stream will finish at the end of 2025/26. This money is additional ‘ring fenced’ funds from the Scottish Government for play area improvements and no cap should be applied to this fund. 5.10 Sites are chosen on an annual basis for upgrading. The sites are selected following an annual independent condition survey to ensure the funds are allocated on a priority basis. 5.11 The play areas selected for upgrading/refurbishment for 2025/26 are shown below. The participatory budgeting exercise for the selected projects has already commenced in order to meet the grant spending deadlines. Play Area Works being undertaken Alice Littler Park, Aberlour Play equipment renewal - subject to participatory budgeting estimated £90K Commerce Street, Lossiemouth Play equipment renewal - subject to participatory budgeting- estimated £80K Archiestown Playing Field, Archiestown Play equipment renewal - subject to participatory budgeting- estimated £80K Item 7. Page 26
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Cooper Park, Elgin Contribution to the masterplan park for the site- estimated £100K Miscellaneous repairs, including surfacing As prioritised from the independent annual inspection and routine monthly inspections- estimated £119K 5.12 Prior to this funding stream the Council would approve capital funds on a yearly basis for the improvement to play areas, principally for two parks/play areas per year plus a contingency amount to address emerging urgent issues. Once the current grant funding has finished, the Council will once again need to self-fund any improvements from 2026/27. Due to the increase in the costs of materials and within the supply chain, it is likely that £135,000 currently allocated in the capital plan for future years, will be insufficient to continue with the current strategy of renewing/upgrading two sites per year. 5.13 Cemetery Provision in Elgin The capital funds will be used in support of constructing a new cemetery in Elgin. The budget available for 2025/26, is currently £2,051,000 (£2520K minus £469K-. It should be noted that whilst £2116K was previously approved for Elgin Cemetery, as a named projected, at Full Council on 21 January 2025, the reduction to £2051K has been necessary for the reasons outlined in 5.7). The land has been purchased and at the time of writing the report the tender for the construction works is live with a closing date of 25 April 2025. 5.14 The actual cost of the project will not be known until a tender exercise has been completed. The external consultant who has been working in partnership with the Council to develop the site, has indicated that due to the increase in construction costs, that developing a cemetery to the original proposed specification would significantly exceed the budget available. 5.15 The first phase of the project has therefore been scaled back significantly from the original specification to allow the provision of a cemetery with a life expectancy of 50 years, with the aim of enabling the project to be delivered within the current budget allocation. This still ensures the Council has resilience and provision for a burial site but allows the opportunity to further develop the site in future years as funding becomes available. 5.16 Cemetery Provision in Moray These funds are used to address known low level and emerging issues within the Council cemeteries. However, based on the current capital allocation of £2,520,000 (to deliver the Elgin Cemetery at a reduced cost of £2,051,000 and the Scottish Government ring fenced grant funded improvements of £469,000), there are insufficient funds in the capital allocation for these projects at present in 2025/26. The position may change following a report to Council in June 2025 to address the aforementioned capping issue. Item 7. Page 27
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5.17 The table below provides indicative work that may be undertaken should funds become available with the current 2025/26 capital allocation. Cemetery Proposed Work Elgin Cemetery Wall repair Kinloss Cemetery Wall repair Mortlach Cemetery Pothole repairs Clovenside Cemetery Surfacing repairs Mortlach Cemetery Wall repair 5.18 Parks and Open Spaces Infrastructure The Council provides parks and open spaces across Moray. These sites incur a significant amount of use. A capital allocation is needed to address infrastructure issues, which present a health and safety concern. The funds are used to undertake both planned and emergency works. 5.19 The scope of the works are usually established through public reports or by the Open Spaces Teams. However, given the current circumstances with regards the level of capital funding available, as outlined in paragraph 5.7, it is anticipated at this stage that there will be no funds available in 2025/26 to carry out any improvement works within the parks and open spaces. As previously indicated, this position may change following a report to Council in June 2025. 5.20 The table below provides indicative work that may be undertaken should funds become available with the current 2025/26 capital allocation. Parks and Open Spaces Proposed Work Cooper Park Drainage Cullen Links Car Park Surfacing Repairs Alice Littler Park Pothole Repairs Masters Wood Handrail / Fencing Grant Park Pothole Repairs 5.21 Facilities Management The facilities management section covers the Janitorial, Building Cleaning, Caretaker and facilities functions at HQ/Annexe. The section has a capital allocation of £9K per year (once the cap has been applied). These funds are used to purchase tools and equipment for the services, such as cleaning equipment. The funds are used on an emerging basis rather than a cyclical and planned replacement programme. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: Item 7. Page 28
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SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) X Policy and Legal X Financial X Risk X Staffing X Best Value and Transformation X Property X Information Communications Technology/Digital X Equalities. Social Inclusion and Economic Impact X Climate Change, Biodiversity and Sustainability X 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☒ Improving wellbeing of our population 6.3 Policy and Legal The Council in its capacity as a Burial Authority, under the Burial and Cremation (Scotland) Act 2016, has a statutory duty for the provision of burial grounds within Moray. This responsibility extends to ensuring sites are safe for people to use. Under Section 1 of the Refuse Disposal (Amenity) Act 1978, the council has a statutory duty to provide facilities at which residents of the area may deposit their household waste for disposal. This responsibility extends to ensuring sites are safe for people to use 6.4 Financial External funding of £469,000 has been provided from Scottish Government Renewal of Play Parks Fund. Item 7. Page 29
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One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Dallachy Waste Bins Waste Containers Children’s Play Areas Elgin Cemetery £1,000,000 £65,000 £23,000 £469,000 £2,051,000 2025/26 2025/26 2025/26 2025/26 2025/26 £1,000,000 £65,000 £23,000 £469,000 £2,051,000 Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments 6.5 Risk The risks associated with not approving the proposed capital projects is that external funding streams are not utilised, increased health and safety issues across Council assets and burial capacity in the Elgin area could be compromised within a few years. 6.6 Staffing There are no staffing implications associated with the recommendations in this report as work has been planned in line with budget provision. 6.7 Best Value and Transformation Best value will be achieved through going through the appropriate procurement channels for the works required. 6.8 Property Any implications regarding Property relating to this report pertain to the risk of the deterioration of buildings or infrastructure due to inadequate levels of funding being available to maintain sites. Item 7. Page 30
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6.9 Information Communications/Technology/Digital There are no implications associated with the recommendations. 6.10 Equalities, Social Inclusion and Economic Impact There are no implications associated with the recommendations. 6.11 Climate Change and Biodiversity Impacts There are no climate change implications as a result of this report. Efforts are made to be mindful of the carbon and biodiversity implications and where possible products are sourced as local as possible, and where practicable, are made from recycled materials. 7. CONSULTATION 7.1 This report has been prepared in consultation with the Depute Chief Executive (Economy, Environment and Finance), Head of Environmental and Commercial Services, Chief Financial Officer, Legal Services Manager, Open Spaces Manager, Waste Manager, Human Resources Manager, Equalities Officer and L Rowan, Committee Services Officer and any comments made have been incorporated into the report. 8. BACKGROUND PAPERS 8.1 None. Item 7. Page 31
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Item 7. Page 32
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Report to: Economic Development and Infrastructure Services Committee Meeting Date: 29 April 2025 Report by: Depute Chief Executive (Economy, Environment and Finance) Report No: ECS008/25/NM/NU Author: Nicola Moss Beverly Smith Contact Email: nicola.moss@moray.gov.uk beverly.smith@moray.gov.uk Subject: Environmental and Commercial Services and Economic Growth and Development Services (Economic Development) Revenue and Capital Budget Monitoring to 31 December 2024 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to scrutinise and note the quarter three position of 2024/25 regarding Environmental and Commercial Services and Economic Growth and Development Services (Economic Development) Revenue and Capital budgets. 1.2 This report is submitted to Committee in terms of Section III (A) (2) of the Council’s Scheme of Administration relating to the consideration of Revenue and Capital budgets and long term financial plans. 2. SUMMARY 2.1 This report provides an update on the quarter three budgetary position 2024/2025 and comments on variances for the Revenue and Capital budgets for the period to December 2024 regarding Environmental and Commercial Services and Economic Growth and Development Services (Economic Development). Item 8. Page 33
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3. RECOMMENDATIONS 3.1 It is recommended that Committee scrutinise and note the quarter three budget position for 2024 /2025. Nicola Moss Head of Environmental and Commercial Services Beverly Smith Acting Head of Economic Growth and Development 4. BACKGROUND AND CONTEXT 4.1 The Performance Management Framework 2020 (page 27) requires that progress against Capital and Revenue expenditure and the Capital Plan is reported to the relevant Service Committee. Heads of Service have been tasked with reducing overspends and generally reducing expenditure back in line with budget. Savings and increased charges to the Revenue budget were approved when the budget was set by Moray Council on 28 February 2024 (paragraph 7 of the minute refers). Updates have gone to Moray Council quarterly as part of the full budget monitoring. 5. Q3 BUDGET PERFORMANCE Environmental & Commercial Services Revenue Budget 5.1 The table below shows Environmental and Commercial Services Revenue Budget for 2024 /2025. ANNUAL BUDGET Q3 BUDGET Q3 ACTUAL VARIANCE £000s £000s £000s £000s 29,429 20,961 21,137 -176 Overspend 5.2. Environmental Protection - The table below shows Environmental Protection Revenue Budget information for 2024 /2025. Service Area Annual Budget Q3 Budget Q3 Actual Variance £000s £000s £000s £000s Waste Management 8,744 6,061 5,994 67 Underspend Open Spaces 1,979 1,444 1,379 65 Underspend Item 8. Page 34
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Building Cleaning & Catering 7,816 5,758 5,642 116 Underspend Total 18,539 13,263 13,015 248 Underspend 5.3 Waste Management is made up of the budgets for the waste collection service, waste disposal service and public conveniences. Whilst some budgets are overspent the net position for quarter three is an underspend of £67,202 (1.11%). The underspend is due to a number of factors, including over achievements in income from the sale of waste paper (£53,000) and gas extraction (£83,662) against the budget position. 5.4 The estimated year end out turn for Waste Management is anticipated to be a £97,000 underspend. 5.5 Open Spaces is made up of the budgets for the Burial Service and Lands and Parks. The net position is that Open Spaces budget is currently showing an underspend of £65,676 (5.55%) for the quarter three period. 5.6 Within the Open Spaces budget, the Burial Service budget is currently showing a £88,023 overspend in quarter three, primarily due to an income shortfall against the budget profile. The overall number of interments has increased compared to the same period in the previous year. However, the total number of interments for 2024/2025 is not likely to achieve the numbers calculated, and needed, to be a cost recovery service for 2024/2025. This has been reviewed and addressed when setting the revised burials fees for 2025/2026. 5.7 Whilst some budgets are overspent the net position for the Lands and Parks budget is a £153,700, underspend. This is primarily due to additional income from other Council departments for works on flooding and grass cutting. 5.8 The estimated year end out turn for Open Spaces is anticipated to be an £18,000 overspend. However, this is mainly as a result of under achievements in income, in areas such as the burial service and there is the potential for this to change before year end. 5.9 Building Cleaning and Catering is made up of the Catering and Facilities Management. The budget is showing a £115,923 (2.01%) underspend for quarter three. Underspends of £9,000 and £16,000 on cleaning materials and period poverty within Facilities, as well as over achievements of £90,000 in school meal income within Catering, all contributed towards the final quarter three budgetary position. 5.10 The estimated year end out turn for Building Cleaning and Catering is anticipated to be an £114,000 underspend. 5.11 Savings position at Q3 2024 / 2025 - Environmental Protection Item 8. Page 35
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* Status Red Amber Green -RAG Red Saving not taken and won’t be achieved this year- if slipped into future years details given Amber Saving not taken and uncertain if it will be achieved in full this year Green Saving taken, or will be taken, in full Item 8. Page 36
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Description Revised Amount Posted Balance Status * Reason for balance Approved when 2024/25 budget set £000s £000s £000s Building cleaning HQ -20 20 0 Green Waste Management - Increase charges for garden waste to £50 -308 177 -131 Amber Initial income against subscription levels set too high Open Spaces - Uplift burial charges to full cost recovery -165 0 -165 Amber Saving not achieved as cost recovery model based on too high a level of burials. Revised cost recovery model now in place Open Spaces - Maintain parks of Common Good/Trust land from income from CG/Trusts as far as possible -92 0 -92 Amber This was reduced during the year to take into account expected recharges and reviews Catering – Dynamic Pricing -6 6 0 Green Catering – Withdraw from Food for Life -70 70 0 Green Waste Management - Reduce HWRC opening hours (close 1 weekday) 25 3 22 Amber Part achieved 2024/2025 Balance of £22k to be taken in 2025/ 2026 Lands and Parks - reduce Glyphosate use -8 8 0 Green Energy from Waste reduced gate fee due to Electricity generation (minimum £300k) -150 150 0 Green Item 8. Page 37
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Bakery budget saving part year -2 2 0 Green 5.12 Roads Maintenance & Fleet - The table below shows Roads Maintenance & Fleet Revenue Budget information for 2024 /2025. Service Area Annual Budget Q3 Budget Q3 Actual Variance £000s £000s £000s £000s Roads Maintenance 5,094 3,557 4,102 -545 Overspend Fleet Services -1,839 -1,232 -1,618 386 Underspend Total 3,255 2,325 2,484 -159 Overspend 5.13 5.14 5.15 5.16 5.17 Roads Maintenance is made up of the budgets for general road maintenance works such as pothole repairs, cyclic gully cleaning, footway repairs, grass cutting and ditching repairs. In addition, this budget includes street lighting repairs, electricity costs and the provision of the Councils winter maintenance service. There is currently reported a net overspend of £545,000 within the overall Roads Maintenance revenue budget. There are variances across the different budget lines. Staffing underspends are due to vacancies, which necessitates the use of external contractors at a higher cost to ensure essential and core levels of service are maintained. Winter Maintenance is currently £147,000 over budget to date and this will rise in the final quarter due to the impact of a few weather events of prolonged periods of snow and also the increase of salt prices which is affecting budgets. Expenditure is driven by the weather conditions and implementation of the approved winter plan (which is a requirement on the council). The estimated year out turn for the general roads and street lighting is expected to be complete on budget. However, certain variable costs prevail and include insurance claims and infrastructure maintenance costs due to an increase in emergency/ad hoc repairs. In addition, increased winter maintenance costs linked to weather conditions lead to current forecast overspend of £607,000. Fleet are currently £386,000 under budget. In a similar situation to Roads, there are long term staffing underspends in Fleet due to vacancies. However, following recent success in staff recruitment, will result in more work being undertaken in house and reduce repair works that had been outsourced at higher prices. This is expected to balance off through to reducing overspends on sub-contractors. There are overspends in spare parts, hire of additional vehicles for departments and accident damage are Item 8. Page 38
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5.18 reflected against Fleet expenditure budgets, however Fleet recharge income to departments for ad hoc maintenance work done in the workshop and hire of additional vehicles exceed budget. The estimated out turn is currently projecting a net £200,000 underspend. However, the variance to date (Underspend) is related an over recovery or a low annual budget figure. This over recovery is currently being investigated by Fleet & the finance team to address the imbalance. Underspend may be rectified before the year end should the findings be that there have been over-recoveries. Savings position at Q3 2024 / 2025 – Roads Maintenance and Fleet * Status Red Amber Green RAG Red Saving not taken and won’t be achieved this year- if slipped into future years details given Amber Saving not taken and uncertain if it will be achieved in full this year Green Saving taken, or will be taken, in full Description Revised Amount Posted Balance Status * Reason for balance Approved when 2024/25 budget set £000s £000s £000s Fleet – Lease Specialist Vehicles -76 0 -76 Amber Not achieved for 204/25 and rolled to 2025/26 Roads Maintenance - Reduce street lighting maintenance budget -25 25 0 Green Roads Maintenance - reduce operational staff by 3fte -100 102 2 Green Sponsorship income -10 0 -10 Amber Admin – Remove 1fte -28 31 3 Green 5.19 Consultancy - The table below shows Consultancy Revenue Budget information for 2024 /2025. Service Area Annual Budget Q3 Budget Q3 Actual Variance £000s £000s £000s £000s Consultancy 949 682 716 -34 Item 8. Page 39
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5.20 The Consultancy revenue budget includes Flood Risk Management, Coastal Protection and small bridge maintenance works. The overspend shown above is the result of works progressing faster than initially anticipated and expenditure is projected to remain within budget at year end. 5.21 Transportation- The table below shows the Transportation Revenue Budget information for 2024 /2025. Service Area Annual Budget Q3 Budget Q3 Actual Variance £000s £000s £000s £000s Public Transport Unit 6,238 4,261 4,273 -12 Traffic & Transport Development 668 465 382 83 Marine Services -166 -198 26 -224 Car Parks -680 -442 -359 -83 Total 6,060 4,086 4,322 -263 5.22 The principal negative variances relate to: i) A £155,000 shortfall in car park income. Although this has improved from previous forecasts, risks from the St Giles Centre closure compromise further improvement. ii) £57,000 harbour income – reduced from previous forecasts as work progresses on invoicing backlog from staff absence. iii) £50,000 electricity – relates to new contractual rates at the harbours which cannot be adjusted until the end of the first year, although advice is that a rebate should be realised in 2025/26. 5.23 Within the Public Transport Unit the overall variance was due to a number of small overspends. Budget will be adjusted to reflect this for quarter four. 5.24 5.25 In the Traffic team, income from applications for third parties to undertake works on the public road, including road occupations and closures has been higher than anticipated which has led to an underspend of £83,542. Savings position at Q3 2024 / 2025 – Transportation * Status Red Amber Green RAG Red Saving not taken and won’t be achieved this year- if slipped into future years details given Amber Saving not taken and uncertain if it will be achieved in full this year Item 8. Page 40
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Green Saving taken, or will be taken, in full Description Revised Amount Posted Balance Status * Reason for balance Approved when 2024/25budget set £000s £000s £000s Stop School transport on in Service Days -6 6 0 Green Harbours commercial income -30 30 0 Green Elgin Car Park Review -311 311 0 Green Economic Growth and Development Services Revenue Budget 5.26 Economic Growth and Development Services (Economic Development)- The table below shows the information for 2024 /2025. Service Area Annual Budget Q3 Budget Q3 Actual Variance £000s £000s £000s £000s Economic Development 1,047 1,574 1,569 5 5.27 A variance of £5,000 in Economic Growth and Development is due to small underspends across the service. 5.28 Savings position at Q3 2024 / 2025 – Economic Growth and Development * Status Red Amber Green RAG Red Saving not taken and won’t be achieved this year- if slipped into future years details given Amber Saving not taken and uncertain if it will be achieved in full this year Green Saving taken, or will be taken, in full Item 8. Page 41
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Description Revised Amount Posted Balance Status * Reason for balance Approved when 2024/25 budget set £000 £000 £000 Statutory fees for planning applications - 40 40 0 Green Economic Development - Reduce budget for Business Gateway Advisor by 0.2fte reflecting current level of staffing -11 12 1 Green Environmental Health and Trading Standards - Remove 1 Animal Services Officer post -30 30 0 Green Planning Income 4 4 0 Green Building Standards -24 24 0 Green Building St- enforcement -18 18 0 Green Fair Trading -38 38 0 Green Strategic Planning -33 33 0 Green Environmental Health -12 0 12 Amber Post terminated in December. Will be one off redundancy cost of £27k. Balance of saving to be taken next year Environmental & Commercial Services Capital Budget 5.29 Environmental Protection Capital - The table below shows Environmental Protection Capital Budget information for 2024 /2025. Project Capital Budget 2024/2025 Q3 Forecast Q3 Actual Q3 Variance £000s £000s £000s £000s Item 8. Page 42
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Upgrade Recycling Centres 192 175 11 164 Domestic & Trade Waste Bins 115 28 18 10 Upgrade of containers at recycling centres 30 25 24 1 Gull Proof Bins 11 11 0 11 Dallachy 1,499 (including approved additional funding) 24 24 0 NESS 2,428 34 34 0 Cemetery Provision in Moray 50 20 6 14 Cemetery Provision in Elgin 553 420 341 79 Parks and Open Spaces Infrastructure 41 31 19 12 Children’s Play Areas (Parkland) 362 (including carryover from 23/24) 40 14 26 Facilities Management Equipment 13 13 0 13 Item 8. Page 43
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Total 5,294 821 491 330 underspend 5.30 Upgrade of recycling centres: A total of £11,000 has been spent up to Q3. The spend to date has been on procuring of skips to assist with compliance issues at Household Waste and Recycling Centres for managing Domestic Seating (WUDS) containing Persistent Organic Pollutants (POPs) and replacing a bay at Chanonry Waste Recycling Centre (HWRC). This budget was earmarked for spend on an abatement system to address POPs and to allow shredding of POPs to take place. However, further work is currently being undertaken to understand the alternative options available over the long term to address the disposal of POPs. This may include not having to shred these items. Therefore, procuring an abatement system, which may not be needed long term, at this stage would be considered as unnecessary and abortive spend. Therefore, the likely scenario is that a request will be made to carry forward any underspend into 2025/2026 so the situation can be assessed, and to address the land acquisition and development of an alternative access for the vehicle park at Moycroft (which has been delayed in 2024/25 due to delays on the vendors part). 5.31 Domestic and Trade Waste Bins: A total of £18,000 has been spent up to quarter three on procuring bins for both household and commercial premises. Bins are provided either on the basis of the need for a replacement (damaged or lost), provision for a new build property or for the uptake of the Council’s garden and trade waste service. The budget allocation will be spent by year end. 5.32 Upgrade of containers at recycling centres: The full budget of £24,530 has been spent up to quarter three. The spend to date has been on procuring of replacement skips to at Household Waste and Recycling Centres. 5.33 Gull Proof Bins: Whilst no budget is shown as spent an order has been placed to the full budget allocation. A delivery date of the bins is still to be received. The litter bins will be installed in line with the approved roll out programme. 5.34 Dallachy: There has been £24,043 spent against this budget up to quarter three. On 4 December 2024 Council approved an addition £1 million to added to the original 2024/25 capital budget allocation. The additional funds were to allow the order to be placed for the final capping works, which will commence in April 2025. A link to the committee report is shown here and section 5.14 of that report provides the narrative. It is anticipated that there will be a limited amount of spend of this capital budget for the remainder of 2024/25 with any remaining budget being carried forward into 2025/26 to facilitate the process of the final capping. 5.35 NESS: Whilst the Energy from Waste plant is operational the final costs still need to be determined. A total of £34,000 of capital costs has been incurred up to Q3. The full capital provision also relates to final settlement of the contractual position, and this is subject to current negotiations. Item 8. Page 44
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5.36 Cemetery Provision in Moray: Orders to the value of £44,100 have been placed for the works at Broomhill, and Buckie old. Progress will be made on the other projects in quarter 4, in line with the budgets available. The table below shows the indicative works. Any works not completed in 2024/2025 will be considered for the 2025/2026 programme, if funds allow. Cemeteries Proposed works to be undertaken Broomhill Cemetery Drainage and pothole repairs Buckie Cemetery Pothole repairs Buckie New Cemetery Land drainage works Duffus Cemetery Drainage Kinloss Cemetery Repairs to boundary fence and vegetation management Lossiemouth Cemetery Repairs to entrance surface 5.37 Cemetery provision in Elgin- Elgin Cemetery (new): A total of £341,101 has been spent up to quarter three. The land acquisition has been completed. It is anticipated that the tender for the construction works will be issued in quarter 4 with construction of the new cemetery commencing in the spring/summer 2025/26. Any underspend will need to be carried forward into 2025/2026 to facilitate the completion of the project. 5.38 Parks and Open Space Infrastructure: The capital allocation is used to ensure any emerging infrastructure issues, which present a health and safety concern, can be addressed. The funds are used to undertake both planned and emergency works. £19,440 has been spent up to quarter three with works also planned for quarter four onwards. The table below shows the indicative works. Play Area Works being undertaken Letterfourie, Buckie Upgrading play equipment for ages 0 -12. (Project carried forward from 2023/2024) Miscellaneous repairs, including surfacing As prioritised from the independent annual inspection and routine monthly inspections Hopeman Playing Field, Hopeman Play equipment renewal Randolph Lane, Forres Play equipment renewal Tomnavoulin, Speyside Upgrading play equipment for ages 2 - 5. (Project carried forward from 2023/2024) Letterfourie, Buckie Upgrading play equipment for ages 0 -12. (Project carried forward from 2023/2024) 5.39 There will need to be a carry forward into 2025/2026 of the grant funding earmarked for Hopeman Playing Field and Randolph Lane as the actual delivery of the project will not be until 2025/26. Please note, 2025/2026 will be the last year of the Scottish Item 8. Page 45
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Government funding. The parks identified through the site assessments for requiring an upgrade as part of the 2025/2026 allocation include Alice Littler Park; Archiestown Play Area; Commerce Street, Lossiemouth and Cooper Park, Elgin. 5.40 Facilities Management: The facilities management section covers the Janitorial, Building Cleaning, Caretaker and facilities functions at HQ/Annexe. The section has a capital allocation of £15,000 per year. These funds are used to purchase tools and equipment for the services, such as cleaning equipment. The funds are used on an emerging basis rather than a cyclical and planned replacement programme. There has been no spend so far in 2024/2025. 5.41 Roads Maintenance & Fleet Capital - The table below shows Roads Maintenance & Fleet Capital Budget information for 2024 /2025. Project Capital Budget 2024/2025 Q3 Forecast Q3 Actual Q3 Variance £000s £000s £000s £000s Roads Maintenance 4,270 2,485 2,970 -485 overspend Fleet Services 4,035 926 530 396 underspend Total 8,305 3,411 3,500 -89 overspend 5.42 The Roads Maintenance capital budgets are made up of larger resurfacing works, delivery of annual surface dressing programme, footway improvements and street lighting column replacements. Whilst the figures reported above report a overspend of actual works against forecast in quarter three, it is with confidence that the overall budget will be underspent at year end. 5.43 The estimated out turn underspend is attributed to staff resource issues due to vacancies on our staffing establishment and the few snow events experienced in November, December and January means staff are diverted from planned work activities to winter related duties. 5.44 Fleet Services quarter three actual expenditure was lower than expected for committed expenditure due to a combination of late invoice receipts delayed vehicle deliveries. 5.45 The estimated out turn for Fleet Services is to spend the budget in full. Item 8. Page 46
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5.46 Consultancy Capital - The table below shows Consultancy Capital Budget information for 2024 /2025. Project Capital Budget 2024/2025 Q3 Forecast Q3 Actual Q3 Variance £000s £000s £000s £000s Burghead Harbour 71 71 19 52 Cullen Harbour 55 55 25 30 Findochty Harbour 57 57 49 8 Kingston Beach Re-charge 74 74 0 74 Viewmill Bridge 270 255 255 0 Auchriachan Bridge 327 327 268 59 Blackhills Culvert 163 10 6 4 Cloddach Bridge 2,737 0 0 0 Total 3,754 849 622 227 underspend 5.47 The harbours capital work at Findochty, Burghead and Cullen is now complete with an underspend on this budget of £67,000. This underspend will be used to fund required modifications to the Buckie weighbridge. 5.48 Coastal Protection work at Kingston, which is grant funded by Scottish Government as a case study has been delayed due to licencing issues. This work is now planned to start in Quarter four. Grant funding from the General Capital Grant allocation for coastal protection of £74,000 has been allocated to part fund the work to shore up the B9011 at Findhorn and this work is due to start in January 2025. 5.49 Bridge maintenance works at Viewmill Bridge, Auchriachan Bridge and remedial works at Slateford Bridge are all complete. Tender returns for the replacement of Blackhills Culvert are significantly over the allocated budget and options to enable this project to progress are currently being investigated. An allocation of £2,737k is in the 2024/25 capital plan to part fund the replacement of Cloddach Bridge. This work cannot be progressed until the outcome of a UK Government review on grant funding Item 8. Page 47
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is completed early in 2025. The delay in progressing this project will result in a significant underspend in the Bridge Maintenance budget. 5.50 Transportation Capital - The table below shows Transportation Capital Budget information for 2024 /2025. Project Capital Budget 2024/2025 Q3 Forecast Q3 Actual Q3 Variance £000s £000s £000s £000s ATIF Tier 1 434 286 83 203 ATIF Tier 2 161 n/a 0 0 RSIF 151 n/a 0 0 Road Safety 90 0 6 -6 Disability Adaptations 51 36 23 13 Signs and Road Markings 48 40 0 40 Traffic Signals Replacement 27 3 3 0 Traffic Data Equipment 6 1 1 0 Total 968 366 116 250 Underspend 5.51 Active travel projects funded through the Active Travel Infrastructure Fund (ATIF) Tier 1 for 2024/2025 have been completed on site. However final invoices have yet to be passed. ATIF Tier 2 funding was awarded in November 2024. Work commenced on the Tier 2 funded scheme at Morriston Road in early February and will be completed by the end of the financial year. 5.52 Works have also commenced to utilise the Road Safety Infrastructure Grant which was also awarded in Quarter 3. These works will be partially funded from the Road Safety Capital budget which will be also cover part of the upgrade for the Lesmurdie pedestrian crossing (Para 6 of the minute refers ED&I committee 12 November 2024). 5.53 Works for the Lesmurdie Road pedestrian crossing upgrade (Traffic Signals replacement) started on were completed in January and therefore are not included in Quarter 3 expenditure. Item 8. Page 48
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5.54 Finally, whilst orders were placed in late Spring for works funded by the Disability Adaptations and Capital Signs and Road Markings budgets, the works have yet to be undertaken by the Direct Labour Organisation (DLO). It is understood that DLO resources will be directed to complete as many works orders as possible before the end of the financial year. A request for carry over of the unspent capital budgets will be made in June to full Council when the extent of works completed is known. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) Policy and Legal Financial x Risk Staffing Best Value and Transformation Property Information Communications Technology/Digital Equalities. Social Inclusion and Economic Impact Climate Change, Biodiversity and Sustainability 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☐ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☐ Improving wellbeing of our population 6.3 Policy and Legal Item 8. Page 49
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There are no policy or legal implications arising directly from this report. 6.4 Financial The financial implications are highlighted within the report. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments N/A N/A N/A N/A N/A N/A Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments N/A N/A N/A N/A N/A N/A 6.5 Risk Budget managers are aware of their responsibilities for managing budget allocations and approval for variance will be sought from Committee in line with the Financial Regulations. 6.6 Staffing There are no staffing implications arising from this report. 6.7 Best Value and Transformation There are no Best Value and Transformation implications arising from this report. 6.8 Property There are no Property implications arising from this report. 6.9 Information Communications/Technology/Digital There are no Communications/ Technology/Digital arising from this report. 6.10 Equalities, Social Inclusion and Economic Impact There are no equalities implications arising from this report because the report informs the Committee on budget monitoring. Any identified savings proposals referenced in the repot will be subject to individual assessment of impacts where relevant. 6.11 Climate Change and Biodiversity Impacts There are no climate change or Biodiversity impacts arising from this report. Achieving net zero will have significant implications for future planned capital expenditure. 7. CONSULTATION Item 8. Page 50
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7.1 This report has been prepared in consultation with Depute Chief Executive (Economy, Environment and Finance), Head of Environmental and Commercial Services, Head of Economic Growth and Development Services, Chief Financial Officer. Legal Services Manager, Equalities Officer, L Rowan, Committee Services Officer, Human Resource Manager, Environmental and Commercial Services Management Team and Budget Managers. Any comments have been taken into consideration. 8. BACKGROUND PAPERS 8.1 None. Item 8. Page 51
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Report to: Economic Development and Infrastructure Services Committee Meeting Date: 29 April 2025 Report by: Depute Chief Executive (Economy, Environment and Finance) Report No: ECS004/25/MA Author: Mark Atherton Contact Email: mark.atherton@moray.gov.uk Subject: Roads Maintenance Revenue and Capital Budgets 2025/26 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to approve plans for the expenditure of funds allocated from the 2025/26 Revenue and Capital Budgets for Roads Maintenance. 1.2 This report is submitted to Committee in terms of Section III (A) (2) and (F) (16) of the Council’s Scheme of Administration relating to the consideration of Capital and Revenue Budgets and exercising the functions of the Council as Roads Authority. 2. SUMMARY 2.1 This report highlights the allocation of proposed revenue and capital allocation to the various maintenance headings and asset types for 2025/26 and reports the expected outturn position for the Revenue and Capital Budgets within Roads Maintenance for 2024/25. 3. RECOMMENDATIONS 3.1 It is recommended that Committee: i) approve the allocation of funds, from the Revenue and Capital Budget 2025/26, to Roads Maintenance activities, as outlined in Appendix A of this report; Item 9. Page 53
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ii) grant delegated authority to the Roads Maintenance Manager to proceed with necessary roads maintenance works whilst noting that the Roads Maintenance Manager will, as soon as possible, publish a list of schemes which can be funded from the budget provision recommended in this report; and iii) note that the list of schemes will be drawn up in accordance with the principles and objectives detailed in this report, in the Roads Asset Management Plan and in the Capital Plan. Mark Atherton Roads Maintenance Manager 4. BACKGROUND AND CONTEXT 4.1 The Roads (Scotland) Act 1984 places the statutory responsibility for local roads improvement, maintenance and repair with Local Authorities. 4.2 Local Authorities are recommended to adopt the principles of the Well Managed Highway Infrastructure: A Code of Practice and to adapt these as necessary based on consideration of local circumstances and apply them consistently. 4.3 The road network represents the Council’s single largest asset (with a gross replacement cost of almost £1.7 Bn) and therefore regular and adequate maintenance is vital to ensure it does not deteriorate materially or become dangerous, and that considerable past investment is not lost. There is also an increasing understanding of the serious consequences of failure to invest adequately and effectively in maintaining the local road network, in particular the progressive deterioration of safety, reliability, and quality, eventually requiring even greater levels of investment in the future. 4.4 As per the Capital Strategy 2024/25 (paragraph 4.2), approved on the 4 December 2024, it is the Council’s aim to be at the midpoint of the table for road conditions in Scotland. This reduction in standard, from our current position of 5th, will result in additional budget pressures in future years, as it will cost significantly more to maintain a steady state road condition on a deteriorated network. 4.5 The allocation of Capital funds for 2025/26 was approved by Council on 21 January 2025 (paragraph 7 of the Minute refers). Following this approval, work is progressing on preparing the detailed lists of proposed maintenance works, which is envisaged to be completed by 30 April 2025. Key elements of the capital works programme are set out in section 5 below. 4.6 As in previous years, a detailed list of schemes which can be funded from the budget provision indicated within this report will be made available as soon as possible. The proposed information will be supported by a reserve list of schemes and will be circulated to Elected Members and published on the Council’s website. Item 9. Page 54
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4.7 The list of schemes will be compiled utilising the agreed Roads Asset Management Planning process. Officers will consider maintenance options over a longer term to plan for the most appropriate treatment at the most appropriate time rather than automatically fixing the roads which look worst. 4.8 An idea of the extent of the road network and associated assets maintained by Roads Maintenance can be gauged from Table 1 below:- Table 1 – Roads Asset Inventory (as at 14/02/25) (a) LENGTHS A Class roads 157.3 km B Class roads 296.3 km C Class roads 365.5 km Classified roads (A+B+C) 819.1 km Unclassified roads 744.8 km Total road length 1,563.9 km Footways, footpaths & cycle tracks 57.7 km (b) INVENTORY (sample) Street lights 19,091 no Illuminated signs & bollards 1,070 no Vehicle restraint systems 32,997 linm Road Gullies 19,332 no 5. PLANNED WORKS 25/26 – REVENUE & CAPITAL FUNDED 5.1 The revenue funded activities include routine functions of a reactive or environmental nature needed to remove hazards to road users, to prevent deterioration to the fabric of the road and to keep the network clean and attractive. The main activities include smaller reactive carriageway and footpath patching repairs, cyclic gully cleaning and grass cutting of roadside verges. The Revenue budget remains similar to last year as shown in Appendix A. 5.2 A detailed review of our cyclic gully cleaning has recently been undertaken which has highlighted efficiency savings as a result of implementing route optimisation of the cyclic 1 in 5 year clean frequency that was introduced following previous budget pressures. An outcome of the review is that it has been possible to implement a 1 in 3 year cyclic clean. This will lead to less one off reactive cleans being required which are more expensive and less efficient. These new arrangements are in place for the 2025/26 gully clean programme funded from our revenue budget. Item 9. Page 55
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5.3 The capital budgets ensure investment within the road, footpath, drainage and street lighting assets are used to preserve the long term make up of these asset types and involve adopting an asset management approach using robust data to make informed decisions. 5.4 At a meeting of Moray Council on 22 October 2024 (paragraph 9 of the Minute refers) the mechanism for applying the cap on capital, which has been applied to both core programme and named project expenditure was approved. 5.5 The Capital budget allocation to Roads Maintenance has been impacted and reduced in line with caps applied to the revised Capital Plan following full council approval. 5.6 The core Capital budget allocation will primarily be used to fund resurfacing works, edge strengthening works and our annual surface dressing programme. The programme is currently being developed but early indications are that it will include 29 resurfacing schemes (5.63km in length), 50 surface dressing schemes (37km in length) and 11 footway schemes. 5.7 The current Capital budget allocation is significantly outweighed by the number and value of schemes identified within our reserve list of schemes. Therefore, as a way of setting expectations, it should be noted that the council’s ability to repair roads is limited due to available funding, and while road user safety is of upmost concern and general maintenance will be carried out in accordance with policy, it is unlikely that works will be carried out at a rate that road users may expect. 5.8 The most significant scheme to note that will be undertaken during 2025/26, is the third and last phase of the widening works on the C25E (near Duffus). Other schemes for 2025/26 will be developed in the coming weeks with a detailed programme being made available to members before 30 April 2025 (as per para 4.5 and 4.6 above). 5.9 The capital funded works for 2025/26 include a number of ‘named schemes’ that will progress as detailed within Appendix A. The design and construction of these will be led by the Consultancy Section. 5.10 Of these named schemes, the repair of C1H Landslip is anticipated to happen in 2025/26, and works on North High Street, Buckie Retaining Wall are planned to commence in 2025/26 with allowances made in the Capital Plan for completing the work in 2026/27. 5.11 In 2025/26, funding for two of these named schemes, the landslip on the B9016 and the landslip on B9008, is for design investigations only. The construction of these schemes is anticipated to be carried out in 2026/27 and 2027/28, and allowances have been made in the Capital Plan for this. Item 9. Page 56
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5.12 Within Street Lighting, the Capital funding will continue to be used to carry out a column replacement programme with an emphasis placed on replacing design life expired columns, and priority given to replacing the oldest columns first. 5.13 There are currently 6,147 (33%) lighting columns in Moray which are beyond their design life. 5.14 Appendix A includes a summary of the proposed budget allocation for 2025/26 and the estimated outturn expenditure for 2024/25. 6. SUMMARY 2024/25 6.1 Within our revenue budget allocation, the Council is heading for an overspend overall, which can mainly be attributed to a significant overspend on winter maintenance. During the winter season, Moray experienced several notable snow events that resulted in high expenditure due to all resources being deployed to winter activities. For our general maintenance element of this budget (such as patching, lining, street lighting repairs), it is tracking to be on or slightly under budget. 6.2 Detailed information on the number of winter actions and salt used, including comparisons with previous years, is shown in Appendix B. The 2024/25 winter season (up to end of March) highlights a reduction in the number of route actions in comparison to the four previous winters, though the number of days with action was significantly higher. Salt usage is around 500 tonnes less than last year, but still above both the 5 and 10 year averages. Winter outturn expenditure for 2024/25 is around £350k less than in 2023/24 but, as already mentioned in 6.1 above, well in excess of the allocated budget which is based on a mild winter. 6.3 Within the capital budget allocation, an underspend is predicted, which is mainly attributed to lack of resources. 6.4 There are currently vacancies within the technical team and this has an impact on capacity to design the schemes and effectively plan the works. 6.5 In addition, the operational workforce has 14 full time road worker vacancies, from an establishment of 70. These vacancies impact on the service’s ability to deliver all elements of planned works. 6.6 The service is actively looking to fill the above vacancies to allow the successful delivery of the 25/26 works programme, including looking at different advertising channels such as social media and job fairs to increase awareness of the roles available. 6.7 A summary of progress against our roads maintenance related budgets 2024/25 are highlighted in Table 2 below. Item 9. Page 57
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Table 2 – Summary of Schemes (Roads Maintenance) Work Type Status (at 13/03/25):- Ongoing Completed Cancelled / Not Started Grand Total Resurfacing / Recons. 1 57 11 69 Surface Dressing 0 93 16 109 Footway Works 0 35 16 51 Drainage & Other Works 10 26 17 53 Street Lighting Works 15 53 20 88 Grand Total 26 264 80 370 6.8 It is proposed that the majority of the schemes that have not been programmed during 2024/25 will be included within our 2025/26 planned works. However these will be assessed during the programme building exercise and considered along with any other high priority schemes that have come to the attention of the service over the year. 9. SUMMARY OF IMPLICATIONS 9.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) x Policy and Legal x Financial x Risk x Staffing x Best Value and Transformation x Property x Information Communications Technology/Digital x Equalities. Social Inclusion and Economic Impact x Climate Change, Biodiversity and Sustainability x 9.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☒ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. Item 9. Page 58
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b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☒ Empowering and connecting communities. ☐ Improving wellbeing of our population 9.3 Policy and Legal The Council is responsible for the maintenance of 1555km of road network which have been adopted by the Local Authority in terms of the Roads (Scotland) Act 1984. The Act places a duty on the Local Authority to maintain the roads, lighting units and structures so adopted, but does not prescribe the level of maintenance to be delivered. The Well Maintained Highway Infrastructure Code of Practice which identifies good practice and consideration has been taken into consideration. 9.4 Financial A summary of the proposed budget allocation for 2025/26 is detailed within Appendix A. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Roads Maintenance n/a n/a n/a n/a None Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments Roads Maintenance None 9.5 Risk Pressure on general maintenance budgets will increase in terms of reactive maintenance as carriageway conditions deteriorate, as well an increasing asset as new adoptions are made. There is the risk of a budget pressure in relation to winter maintenance. Item 9. Page 59
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9.6 Staffing Staffing vacancies impact on the ability to deliver planned works as set out in the report. 9.7 Best Value and Transformation None. 9.8 Property None. 9.9 Information Communications/Technology/Digital None. 9.10 Equalities, Social Inclusion and Economic Impact None. 9.11 Climate Change and Biodiversity Impacts There are no climate change implications as a result of this report. Whilst efforts are made to be mindful of the carbon implications of roads maintenance there are not yet active measures in place to reduce the carbon impact, outside sustainable and active travel which is reported via Transportation. Any trials of alternative products are being led by research bodies rather than directly by the council. 10. CONSULTATION 10.1 This report has been prepared in consultation with the Depute Chief Executive (Economy, Environment and Finance), Head of Environmental and Commercial Services, Chief Financial Officer, HR Manager, Legal Services Manager, Equal Opportunities Officer and L Rowan, Committee Services Officer and any comments made have been considered and incorporated into the report where appropriate. 11. BACKGROUND PAPERS 11.1 None. Item 9. Page 60
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Appendix A 2024/25 end of year budget * 2024/25 estimated expenditure 2025/26 allocation Capital Budget Carriageway Resurfacing/Recon./Surface Dressing £ 2,691,000 £ 2,980,335 £ 2,241,000 Structural works for timber traffic £ 250,000 £ 1,700 £ - Drainage & Other Works £ 384,000 £ 400,199 £ 200,000 Footways, footpaths & steps £ 231,000 £ 241,595 £ 50,000 Kerb Edge Replacement £ 38,000 £ - £ 50,000 Column Replacement £ 680,000 £ 705,000 £ 522,000 Sub-total => £ 4,274,000 £ 4,328,829 £ 3,063,000 Capital Budget - Named Schemes B9016 Landslip Repair - Studies £ - £ - £ 65,000 C1H Landslip Repair £ - £ - £ 375,000 N. High Street, Buckie - Ret. Wall Repair - Ph1 £ - £ - £ 150,000 B9008 Glenlivet Landslip - Studies £ - £ - £ 100,000 Sub-total => £ - £ - £ 690,000 Revenue Budget (Roads Maintenance) General Maintenance £ 1,979,077 £ 1,896,757 £ 1,979,087 Traffic Works £ 100,105 £ 100,105 £ 100,105 Lighting Maintenance £ 146,500 £ 187,432 £ 96,500 Sub-total => £ 2,225,682 £ 2,184,294 £ 2,175,692 Revenue Budget (Winter & Emergency) Winter Maintenance & Other Emergencies £ 1,875,530 £ 2,360,137 £ 1,780,690 Sub-total => £ 1,875,530 £ 2,360,137 £ 1,780,690 Revenue Budget (Electricity) Lighting £ 535,471 £ 535,471 £ 535,471 Signs £ - £ - £ - Sub-total => £ 535,471 £ 535,471 £ 535,471 Summary Capital Budget Total £ 4,274,000 £ 4,328,829 £ 3,063,000 Capital Budget - Named Schemes Total £ - £ - £ 690,000 Revenue Budget Total £ 4,636,683 £ 5,079,902 £ 4,491,853 Capital and Revenue Total => £ 8,910,683 £ 9,408,731 £ 8,244,853 * slippage and carry forwards figures are included Item 9. Page 61
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Appendix B Item 9. Page 62
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Appendix B Item 9. Page 63
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Report to: Economic Development and Infrastructure Services Committee Meeting Date: 29 April 2025 Report by: Depute Chief Executive (Economy, Environment and Finance) Report No: ECS006/25/NM Author: Nicola Moss Contact Email: nicola.moss@moray.gov.uk Subject: Transportation Capital and Revenue Budgets 2025/26 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to inform the Committee of plans to deliver the capital and revenue programme in Transportation for 2025/26. 1.2 This report is submitted to Committee in terms of Section III (F) (34) of the Council's Scheme of Administration relating to the provision, development and monitoring of the Council’s Economic Development and Infrastructure Services Committee. 2. SUMMARY 2.1 The report sets out the plans for revenue and capital expenditure for the Transportation budget for 2025/26. 3. RECOMMENDATIONS 3.1 It is recommended that Committee: i) approve the plans to deliver the capital and revenue programme for 2025/26 as contained in this report; and Item 10. Page 65
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ii) delegate authority to the Head of Environmental and Commercial Services to apply for grants for the funding areas set out in this report at paras 5.33 and 5.48. Nicola Moss Head of Environmental & Commercial Services 4. BACKGROUND AND CONTEXT 4.1 The Transportation team delivers the council services and duties in relation to public transport, home to school transport, transport development, traffic management, road safety, sustainable and active travel, car parks and harbours, as well as advising and preparing recommendations to members on matters of transport strategy. 4.2 This report sets out plans for each team within Transportation to deliver those services and duties in line with the approved revenue and capital budgets for the financial year 2025/26. 5. PROPOSALS Public Transport Unit 5.1 For information, the 2025/26 revenue budget for the Public Transport Unit is £6,437k. The major element of the budget relates to the statutory provision of home to school transport. The budget is factored to 189 school days, which reflects the projected school calendar for the forthcoming year. The major areas of expenditure are set out below. 5.2 The Council has a statutory duty to provide transport between home and school for eligible pupils travelling to and from their zoned schools. The service was retendered in February 2019 for five years with an option for two additional one year extensions. The final extension has been implemented for 2025/26, and procurement will commence this year for new contractual arrangements from April 2026. 5.3 Home to school transport is provided by a mix of external coach and bus suppliers, taxi companies, bolstered by using the Council’s own fleet. School routes are commissioned to maximise efficiency of vehicle provision in line with the requirements of individual schools. This includes transport for pupils with varying degrees of Additional Support Needs to enhanced provision centres across Moray. 5.4 The budget for this service is £5,424k and provides home to school transport for 2,500 pupils per year. Income of £14K is budgeted in relation to discretionary transport provision, which offers pupils not eligible for free provision access to a seat on a closed contract school bus. 5.5 Infrastructure, Systems and Services - This area of expenditure covers statutory maintenance for roadside passenger shelters and bus stops plus software licensing Item 10. Page 66
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and maintenance fees for the m.connect demand responsive booking system, on bus ticket machines, tablet SIMs and other sundry items. 5.6 Minibus Hires and Social Care Transport - Transport is provided by the Public Transport Unit to a number of projects, day care centres and respite centres for vulnerable social care clients. Costs of this transport are recharged back to the various social care teams and projects across the Council. 5.7 Income is also generated by the hire of Council minibuses to external sources viable under the Section 19 Community Bus Permit scheme. Revenue from this is gradually recovering from the lack of confidence following the Covid pandemic. 5.8 m.connect - This is the budget allocated to m.connect, the council’s bus services which includes a proportion of the overall vehicle and property costs associated with the delivery of public transport. This line also factors in predicted income, an area which has now largely recovered from Covid restrictions and the ensuing lack of confidence. 5.9 Budgeted external income is £303,000, made up of cash and card paid fares, m.connect concessionary fare reimbursement, and the Scottish Government’s mileage based Network Support Grant. Transport Development 5.10 The Transport Development team has a multi-year budget of £250,000 which has been provided for the update of the Elgin Traffic Model and the preparation of a Transport Appraisal required to support the review of the Local Development Plan. Work on the model update commenced in April 2023 and is now complete. Work on the Transport Appraisal has now commenced and there remains £90,000 of budget to complete the Appraisal in time to inform the Proposed Plan. Traffic – Revenue 5.11 The Traffic team has a net revenue budget of £806,825. This covers the statutory duties in relation to road safety, streetworks and road construction consents. The planned expenditure for the team is set out in more detail below. 5.12 The revenue budget includes an anticipated income from service users of £309,698. This comprises £219,008 for processing Temporary Transport Regulation Orders and issuing permits such as Road Opening Permits. £90,690 is budgeted for income relating to Road Construction Consent inspections. 5.13 The budget also includes allowances for licences for Road Traffic Accident software (£8,333) and software for the collection and analysis of traffic count and vehicle speed data (£4,150) from permanent and temporary counter sites across Moray. Accident and traffic data is important information required to enable Transportation’s statutory duties in relation to road safety and the preparation of transport strategies to support the Moray Local Development Plan. Item 10. Page 67
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5.14 The Traffic Team is responsible for a small revenue budget for traffic signals, road signs and road markings to cover their general maintenance and the refresh of road markings as part of an annual programme. The current costs associated with the maintenance and operation of traffic signals is £33k. The allocated budget is only £100k and therefore this makes up a significant proportion of expenditure. 5.15 The remaining revenue budget is used for the general maintenance of road signs, road markings and sundry items such as bollards, cat’s eyes and verge marker posts, which when appropriately maintained all contribute to the safety of road users on rural roads. Over recent years this budget has significantly reduced and is now at a level where there is a ‘wait list’ of works. 5.16 However, for 2025/26 an additional £40k of revenue budget has been provided for road safety. This additional allocation will be used to undertake the highest priority sites where road markings need to be replaced. It should be noted that road markings are unable to be replaced at some junctions as the condition of the road surface is such that the markings will not adhere to the road surface. 5.17 Over the past 10 years there has been a significant number of new roads constructed to serve housing developments, in particular in Elgin and Forres. As part of these new roads, junction markings and road markings associated with traffic calming have been provided. However there has been no corresponding increase in budget to maintain these markings. It is therefore not intended to refresh such road markings within residential areas, unless they are specifically required through Roads Legislation. Traffic - Capital 5.18 The overall net capital budget for Traffic is £247k. This year there is the opportunity to reallocate budgets to different workstreams. The amounts in this report relate to the allocations in the three-year Capital Plan. Project spend will be monitored throughout the year and, where necessary, reallocation may occur to ensure there are sufficient funds to fully deliver projects. 5.19 The Council has a statutory duty to carry out studies of road accidents and “take such measures as appear to the authority to be appropriate to prevent such accidents”. It is proposed to allocate £100k of the £247k to deliver minor road safety interventions in priority areas. 5.20 In 2024 Scottish Government awarded funding from their Road Safety Infrastructure Fund (RSIF) for improvements to the road surface at two bends in the road where there have been a series of non-injury loss of control accidents, on the A98 to the east of Cullen and on the B9011 Victoria Road, Forres. Funding was also provided for A98 for roads markings (centre and edge lines) and cat’s eyes from Arradoul to Fochabers. This funding is in addition to the Council’s capital budget. It is understood that a grant in the region of £175k is to be provided for 25/26, which will be utilised to complete the cat’s eyes on the A98, and to provide verge marker posts and upgraded cat’s eyes, Item 10. Page 68
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and associated re-surfacing, on the A940 Forres to Grantown Road. There may also be the opportunity to carry out other schemes utilising this budget, for example improving the road markings on the A95 to the east of Keith. 5.21 The Council also has a statutory duty to provide disabled parking spaces near the homes of eligible people when they apply. The Council also receives requests for dropped kerbs to assist people with mobility disabilities and parents/carers with pushchairs at places where they need to cross the road. £50k will be utilised by the Traffic team to deliver in the region of 62 parking spaces (average number of requests per year over the past three years) and approximately 15 dropped kerbs. This is a reduction in the number of dropped kerbs which has averaged 25 over the last three years and is a consequence of the reduced capital budget. 5.22 For New Traffic Signs and Road Markings £45k has been allocated to enable the Traffic Team to provide new road signs, markings and the like to react to changes in the road and to support new Traffic Regulation Orders. This year some £15k will be utilised to provide road markings and signage for the consolidated and new waiting restrictions in Lossiemouth, along with the continued provision of new edge markings on rural roads narrower than 5.5 metres, to reduce verge overrun and define the edge of the carriageway during the hours of darkness and periods of weather-related poor visibility. £20k will enable the start of replacing life expired parts at the School 20mph signs across Moray and the purchase of equipment to upgrade 20 permanent traffic counter sites. 5.23 The replacement of life expired traffic signals forms part of the overall capital allocation for the Traffic team. The replacement of the pedestrian crossing at Moray College on Linkwood Road, Elgin will cost in the region of £32k (subject to confirming the costs of civils works). 5.24 Councils are required to provide Transport Scotland with some data and regularly carry out surveys to help respond to concerns raised or to inform design decisions. The collection and analysis of data is also a key part of providing the evidence base for the Local Development Plan. 5.25 For 2025/26 the block grant for Active Travel Infrastructure Fund (ATIF1) has been confirmed as £500,000. In 2024/25 the council did not receive any additional ATIF1 funding which meant that the funding was approximately two-thirds of that which was awarded in 2023/24. This meant that some planned projects and design work had to be deferred. This year the ATIF1 allocation will be used for the Garmouth footway, which was deferred due to the significant reduction in funding, and junction treatments at the A940/Grant Drive in Forres to reinforce priority for pedestrians and cyclists in line with the updated Highway Code. Consultation for these junction treatments was undertaken in early 2025. 5.26 There will also be design work undertaken which will include the next stage for the active travel bridge over the Burn of Buckie. Item 10. Page 69
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5.27 Applications for Scottish Government’s Active Travel Infrastructure Fund for larger construction project and design funding (ATIF2) were submitted in February with awards likely to be made in April 2025. Two applications for construction projects were submitted, a new pedestrian island on Linkwood Road, between Dunkinty and Linkwood Steading, and Phase 1 of the active travel improvements to Coulardbank Road, Lossiemouth. An application for an options appraisal for improving active travel provision at the Morriston Road/Brumley Brae junction and along Morriston Road up to the A941 junction has been submitted. The undertaking of the options appraisal will include consultation with local residents and users of both the primary school and Elgin Academy. 5.28 Behaviour Change funding is now mostly distributed through Regional Transport Partnership People and Place programme. For 25/26 Moray Council is expected to be awarded £356,547 (grant funding letter awaited) for both capital and revenue projects. Projects will include the new Hi-Bike project in Elgin, working with schools and young people as well as the Moray Bothy through our delivery partners Living Streets and Cycling UK. Moray Council will also receive a direct award for active and sustainable transport from Transport Scotland of £106,998.83 (grant funding letter awaited) to compliment the funding from the Regional Transport Partnership and support the delivery of all the promotional activities. Additional funding opportunities will be available throughout the year for the delivery of Bikeability and improvements to the National Cycle Network 1. Applications will be made when these funding streams become available through both Cycling UK and Sustrans. 5.29 In line with the Transportation team’s remit to promote road safety, sustainable and active travel, and public transport, there can be mid-year opportunities to benefit from grant funding to deliver these priorities. The deadlines often preclude submission of a report to the service committee. It is requested that delegated authority is granted to the Head of Environmental and Commercial Services to approve grant funding applications where these are for clear ‘business as usual’ work priorities, and do not require any other unbudgeted expenditure by the council. Car Parks 5.30 The 2025/26 revenue budget for car parks is £(680)k, taking into account budgeted income of £(1,166)k. In 2024/25 income fell short of the budgeted target, and promotional works are to take place in 2025/26 to encourage greater use of the car parks and highlighting value for money season tickets. This maintains the car parks in Moray governed by the car park order and funds the enforcement of the regulations governing the use of the pay and display in Elgin. 5.31 The infrastructure and maintenance of grounds includes the following items: • Guardrails and Barriers • Grounds Maintenance • Gully Emptying • General Maintenance • Patching and Kerbing Item 10. Page 70
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• Roads Markings & Signs • Winter Maintenance • Lighting Maintenance 5.32 The balance of the expenditure in revenue includes employee costs, rent, rates and energy costs, clothing and uniform. 5.33 A refurbishment scheme for Batchen Lane Car Park Level 4 is planned for 2025/26 with a capital budget of £531,000. 5.34 A further budget of £35k per annum from capital is to enable a programme of resurfacing and lighting replacement in surface car parks. The ongoing programme will be based on a prioritised approach for inclusion and approval in future year capital budgets as appropriate. Harbours and Dredging 5.35 The revenue expenditure (excluding staff costs) can be split into categories as follows: Description £ Dredging 95,000 Maintenance and fleet costs 256,000 Inspections & Other Supplies 107,000 Port Marine Safety Code compliance 2500 5.36 Infrastructure Works: amongst other smaller works, the revenue plan for 2025/26 includes: • Ladder repairs / replacement in Portknockie • Repairs to pier and harbour surfaces • Repairs to safety railings and barriers • Monthly maintenance and minor repairs • Servicing of plant and equipment 5.37 Inspections & Surveys: engineering surveys, including underwater work, are carried out periodically by an external contractor to determine the state of the harbour structures. This work is managed by Consultancy in close co-operation with the harbours team. These detailed surveys of the harbour structures are vital to assist in programming capital works effectively and are normally carried out every 2 years. The survey plan for the next 6 years is detailed in the following table. Harbour 2025/26 2026/27 2027/28 2028/29 2029/30 Buckie Boat Dive Burghead Dive Cullen Dive Boat Findochty Boat Dive Hopeman Dive Boat Item 10. Page 71
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Portknockie Boat Boat – visual inspection from a vessel Dive – in water inspection 5.38 Port Marine Safety Code: An independent party is engaged as Designated Person to ensure that the council is fully compliant with the Port Marine Safety Code (PMSC). PMSC is the industry guidance document for good practice produced by the Department for Transport and the Maritime and Coastguard Agency. The duty of Designated Person is a prescribed post in the Port Marine Safety Code. 5.39 Dredging: the non-staff budget for dredging costs is £95,000. 5.40 A Capital funded repair of Buckie Pier 1 joints is scheduled for 2025/26. 5.41 Other capital works planned for 2025/26 include design work on Portknockie pontoons and structural works in Burghead and Portknockie, these are detailed in the Flood Risk Management and Structures budget report also presented to this committee. 5.42 In line with the remit to develop the harbours sustainably there can be mid-year opportunities to benefit from grant funding to deliver these priorities. The deadlines often preclude submission of a report to the service committee. It is requested that delegated authority is granted to the Head of Environmental and Commercial Services to approve grant funding applications where these fit with clear ‘business as usual’ work priorities, and do not require any other unbudgeted expenditure by the council. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) x Policy and Legal x Financial x Risk x Staffing x Best Value and Transformation x Property x Information Communications Technology/Digital x Equalities, Social Inclusion and Economic Impact x Climate Change, Biodiversity and Sustainability x Item 10. Page 72
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6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☐ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☐ Improving wellbeing of our population 6.3 Policy and Legal Delegated authority to make grant applications is requested in this report, which is a deviation from the Financial Regulations. The Chief Financial Officer has been consulted and is supportive of this request. 6.4 Financial This report sets out the plans to deliver the revenue and capital budget allocation to Transportation for 2024/25. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments 6.5 Risk The predicted incomes for harbours, traffic and car parks are based on the best available information but may be subject to variation based on external influences. Item 10. Page 73
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6.6 Staffing None. 6.7 Best Value and Transformation None. 6.8 Property None. 6.9 Information Communications/Technology/Digital None. 6.10 Equalities, Social Inclusion and Economic Impact There are no negative equalities, rights or socio-economic issues arising from this report. There are various expenditure items which support equalities, inclusion and rights as well having a socioeconomic benefit, in particular the spend on road safety and public transport. 6.11 Climate Change and Biodiversity Impacts Public Transport, Active and Sustainable Travel all contribute to reducing carbon emissions and promote health & wellbeing. 7. CONSULTATION 7.1 This report has been prepared in consultation with the Depute Chief Executive (Economy, Environment and Finance), Head of Environmental and Commercial Services, Chief Financial Officer, HR Manager, Legal Services Manager, Equal Opportunities Officer and L Rowan, Committee Services Officer and any comments made have been considered and incorporated into the report where appropriate. 8. BACKGROUND PAPERS 8.1 None. Item 10. Page 74
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Report to: Economic Development and Infrastructure Services Committee Meeting Date: 29 April 2025 Report by: Depute Chief Executive (Economy, Environment and Finance) Report No: ECS005/25/DH Author: Debbie Halliday Contact Email: debbie.halliday@moray.gov.uk Subject: Flood Risk Management and Bridges Capital and Revenue Budgets 2025/26 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to approve the proposed 2025/26 Capital and Revenue programme of work for Flood Risk Management and Bridge Maintenance. 1.2 This report is submitted to Committee in terms of III (A) (2) of the Council’s Scheme of Administration relating to the consideration of Capital and Revenue Budgets and long term financial plans. 2. SUMMARY 2.1 Work has been ongoing throughout 2024/25 to deliver the programme of capital and revenue works for Flood Risk Management and Bridge Maintenance. These programmes of work have largely been completed in line with the proposals agreed by this committee on 30 April 2024 (para 17 of the minute refers). However, due to high tender returns there have been some changes to the agreed works, details of which are provided in Section 4 of this report. 2.2 The Flood Risk Management programme of work for 2025/26 includes maintenance of the Council’s flood schemes, works at the Tyock Culvert and Invererne Waterway along with general clearance and repairs. The council will undertake coastal Item 11. Page 75
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protection work at Findhorn, Cullen, and Lossiemouth and works at Millbuies Reservoir. 2.3 The Bridge Maintenance programme of work for 2025/26 includes maintenance works to Newmill Bridge, Tombreckachie Bridge and refurbishment of New Bishopmill Bridge. Works will also be undertaken to replace Sanquhar Loch Footbridge, subject to sufficient funds being available. 3. RECOMMENDATIONS 3.1 It is recommended that Committee: i) agree the Flood Risk Management Schedule of Clearance and Repair for 2025/26; ii) agree the programme of Bridge Maintenance works for 2025/26; and iii) agree to delegate authority to the Head of Environmental and Commercial Services to bid for grant funding that is made available throughout the year. Debbie Halliday Consultancy Manager 4. BACKGROUND AND CONTEXT Flood Risk Management 4.1 The Flood Risk Management (Scotland) Act 2009 (the Act) requires the Council to deliver the Actions within the Local Flood Risk Management Plans for Findhorn, Nairn and Speyside, and North East Local Plan Districts. 4.2 The Act places upon the Council a duty to assess relevant bodies of water (other than canals) in its area, for the purpose of ascertaining whether the condition of any such body of water gives rise to a risk of flooding. Where a water body gives rise to flood risk and the Council considers clearance and repair works would substantially reduce that risk, the Council must prepare a schedule of those works and carry them out. 4.3 During 2024/25 work has been ongoing to deliver the 2024/25 Clearance and Repair Schedule. High priced tender returns and staff shortages resulted in work to repair the Tyock Culvert and undertake a trash screen review being deferred to 2025/26. The budget allowance for this work was used to deliver vegetation clearance on the Tyock Burn and the Lhanbryde Burn. There was no under or overspend on the Flood Risk Management Revenue budget for 2024/2025. 4.4 General maintenance of the Council's flood schemes has continued throughout the year. Officers have started to build flood models for Arradoul and Newmill, with this work expected to be completed in 2025. A section of the Lossiemouth Sea Wall has Item 11. Page 76
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been repaired. The council’s telemetry system has been upgraded, ensuring a resilient flood warning network. 4.5 Due to a significant coastal erosion event in 2024, which undermined the B9011, the planned assessment of coastal defences at Findhorn, Cullen, and Lossiemouth was not undertaken. The capital funding for this work was used to repair the coastal erosion at Findhorn. 4.6 Harbours Maintenance Capital maintenance work for 2024/25 included concrete infill repairs to Burghead Harbour on the South and North Piers, repairs to Findochty Harbour steps and West Pier and Cullen Harbour North Pier. The total cost of this work was £93,000. Bridge Maintenance 4.7 Under the Roads Scotland Act 1984, Moray Council has a duty to manage and maintain the safety of the road network in Moray. Moray Council’s road network includes 378 bridges and 160 retaining walls. 4.8 In 2024/25 the bridges revenue budget funded masonry repairs at Daltulich Bridge, concrete repairs to Upper Knockando Bridge and a partial timber deck beam replacement at Newton Bridge. Timber deck boards were replaced on Findochty Castle Footbridge and broken slabs were replaced at Lossiemouth East Beach footbridge. Investigation trial holes were carried out at Whitehilloch Bridge at the Cabrach and Seatown Bridge in Cullen to inform structural assessments. Tom Mor Cattle Grid on the A939 was removed and reinstated to a standard carriageway. An underbridge unit was required to facilitate Principal Inspections of 13 structures. There is a projected overspend of 2% on the bridge maintenance revenue budget. 4.9 Capital funded bridge refurbishment schemes were completed during 2024-25 at Bridge of Slateford, Auchriachan Bridge, and Viewmill Bridge. Arthur’s Bridge Feasibility Study and structural assessments for Lea Bridge and Poolsflagan were completed this year. Enabling works for the replacement of Sanquhar Loch Bridge are due to be completed by the end of March. Planned maintenance works for New Bishopmill Bridge were deferred to accommodate the planned replacement of Cloddach Bridge. Work to replace Cloddach Bridge is not programmed with grant funding not yet been confirmed by UK Government. Work to replace Blackhills Culvert has been delayed due to higher than anticipated tender returns. Underspends on work to Auchriachan Bridge, Viewmill Bridge and Arthurs Bridge have been used to increase the available budget for this project and the replacement of Blackhills Culvert will be completed in the second quarter of 2025/26. 5. PROPOSALS Flood Risk Management 5.1 The 2025/2026 Flood Risk Management Annual Revenue Budget is £310,000. The budget does not include for damage to assets or any clearance and repairs following a flood event. If an event occurs this will be considered as a budget pressure. Item 11. Page 77
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5.2 The proposed Schedule for Clearance and Repair for 2025/26 is provided in Appendix 1. The Schedule contains recurrent works, minor reactive works as well as planned projects, together with routine survey and monitoring works. The Council’s Asset Management System provides a risk- based approach to identifying potential flooding issues. Reports from other sources continue to inform the production of the Schedule. The Schedule will be published on the Council’s website, subject to agreement by this Committee. 5.3 The Schedule includes the maintenance of the flood schemes in accordance with their Operation and Maintenance Manuals. This covers schemes in Aberlour, Rothes, Elgin, Forres, Dallas, Newmill and Lhanbryde. Key projects for the 2025/26 year are listed below. • Tyock Burn culvert repair. • Trash Screen Review, clearance and repair. • Installation of new telemetry to Findhorn Pump Station. • Invererne Waterway Wall Repair. 5.4 Capital works for 2025/26 will focus on coastal protection and reservoir projects. The coastal protection works will include assessments of existing coastal defences at Findhorn, Cullen, and Lossiemouth and undertaking the design of any works required. The total cost estimate of this work is £95,000, funded by the Coastal Change Adaptation Capital Grant. Design work will be undertaken for an emergency drawdown facility at Millbuies Reservoir, which is a requirement under the Reservoirs (Scotland) Act 2011. A budget of £75,000 is in the 2025/26 capital plan for site investigation and design works at Millbuies Reservoir. 5.5 Harbours Maintenance The Capital Plan for harbours is based on inspections of the condition of the Council’s six harbours and the first three years in the Plan are based on planned asset management arising from the most recent inspections. Capital works for 2025/26 will include work to repair significant scour at Burghead Harbour, refacing of the North Pier wall at Portknockie Harbour and an investigation into movement of the middle pier at Portknockie, at a total estimated cost of £320,000. Work will also be undertaken to repair the joints at Pier 1 at Buckie Harbour with an estimated cost of £220,000. The remaining budget of £196,000 will be used to progress preparatory works for the replacement of the pontoons at Portknockie Harbour. Bridge Maintenance 5.6 The bridge maintenance revenue budget for 2025/26 is £210,000. Planned works will be undertaken at Newmill Bridge and Tombreckachie Bridge at an estimated cost of £60,000. Principal Inspections and Structural Assessments will be undertaken on a number of bridges at a cost of £80,000. £45,000 will be allocated for reactive works such as repairs to non-recoverable traffic collision damage. The remaining budget will be used to undertake minor works. Item 11. Page 78
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5.7 On 2 May 2023 members agreed the Bridge Maintenance Prioritisation Policy, which sets out the criteria on which all future bridge maintenance works will be prioritised (para 12 of the Minute refers). This process is being used to prioritise Revenue and Capital works. A similar prioritisation process is being drafted for Non-Network Structures. 5.8 The agreed capital budget for bridge maintenance, after the 30% cap has been applied is £504,000. The highest priority on the programme of works is refurbishment of New Bishopmill Bridge, which has a cost estimate of £420,000. Replacement of Sanquhar Loch Footbridge is also planned for 2025/26, however, this project will only be progressed if sufficient funds are available on completion of the work at New Bishopmill Bridge. An allocation had been made to facilitate design works for bridges at Sourden and South Arndilly, however, this work is on the reserve list for 2025/26. Grant Funding 5.9 In line with the Consultancy team’s remit to promote Flood Risk Management, Coastal Protection and Bridge Maintenance, there can be mid-year opportunities to benefit from grant funding to deliver these priorities. The deadlines often preclude submission of a report to the service committee. It is requested that delegated authority is granted to the Head of Environmental and Commercial Services to approve grant funding applications where these fit with clear ‘business as usual’ work priorities, and do not require any other unbudgeted expenditure by the council. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) x Policy and Legal x Financial x Risk x Staffing x Best Value and Transformation x Property x Information Communications Technology/Digital x Equalities. Social Inclusion and Economic Impact x Climate Change, Biodiversity and Sustainability x 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. Item 11. Page 79
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a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☒ Build Stronger Greener Vibrant Economy. ☐ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy ☒ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☐ Improving wellbeing of our population 6.3 Policy and Legal The Council has a statutory duty, under the Flood Risk Management (Scotland) Act 2009, to implement the Actions from the Local Flood Risk Management Plans. The Council can do works not included in the Plans that will manage flood risk, provided it does not affect the delivery of those actions in the Plan. Bridge maintenance work is undertaken in accordance with the Council’s duty to maintain a safe road network, under the Roads (Scotland) Act 1984 and in line with the Council’s Bridge Maintenance Prioritisation Policy. 6.4 Financial The proposed Capital and Revenue works as estimated are contained within the Council’s budget for 2025/26. No allowance has been made in the Flood Risk Management budget for dealing with the consequence of exceptional rainfall/flood events. This will be considered as a budget pressure, if such events arise. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Consultancy £674,000 2025/26 £674,000 Agreed Capital funding for Flood Risk Management and Bridge Maintenance Item 11. Page 80
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Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments Consultancy £520,000 2025 Revenue budget for Flood Risk Management and Bridge Maintenance 6.5 Risk There are no risk implications as a result of the recommendations in this report other than to recognise that flooding and coastal issues are unpredictable and the items in the Schedule will be carried out in recognising this uncertainty. 6.6 Staffing There are no staffing implications associated with the recommendations in this report. 6.7 Best Value and Transformation Best value will be achieved by using the most appropriate procurement routes, such as framework agreements where best value has been demonstrated. 6.8 Property There are no property implications associated with the recommendations in this report. 6.9 Information Communications/Technology/Digital There are no communications/technology/digital implications associated with the recommendations in this report. 6.10 Equalities, Social Inclusion and Economic Impact There are no equalities, social inclusion or economic implications associated with the recommendations in this report. 6.11 Climate Change and Biodiversity Impacts During the design and implementation of Flood Risk Management works we aim to increase biodiversity wherever practicable. Where a negative impact on climate change occurs as a result of the work we do we endeavour to mitigate this where possible. This includes sourcing materials from a sustainable source and re-using materials. Item 11. Page 81
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7. CONSULTATION 7.1 This report has been prepared in consultation with Depute Chief Executive (Economy Environment and Finance), Head of Environmental and Commercial Services, Chief Financial Officer, Legal Services Manager, Human Resources Manager, Equal Opportunities Officer and L Rowan, Committee Services Officer and any comments made have been incorporated into the report 8. BACKGROUND PAPERS 8.1 There are no background papers associated with this report. Item 11. Page 82
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APPENDIX 1 Routine Clearance and Maintenance Budget Allocation Kingston - Monitoring Shingle bank/Lein Burn clearance £5,500.00 Tyock Burn - Inspection and Clearance £13,123.64 Elgin FAS - Operation and Maintenance £33,696.00 Burn of Mosset FAS (Chapelton) Operation and Maintenance £8,776.00 Rothes FAS Operation and Maintenance £4,987.32 Aberlour FAS Operation and Maintenance £1,515.00 Minor Reactive Works £8,000.00 Annual Maintenance of Telemetry - Lhanbryde, Forres (Mosset), Rothes FAS £5,810.00 Lhanbryde FAS Operation and Maintenance £2,284.00 Newmill FAS (Phases 1 & 2) - Operation & Maintenance £5,298.00 Millbuies Reservoir Operation and Maintenance £0.00 Findhorn & Pilmuir FAS Asset Management Operation and Maintenance £42,435.00 Dallas FAS Operation and Maintenance £2,711.00 Aerial Photography £4,400.00 Findhorn - Topographic Survey £10,000.00 Portgordon - Seaweed Removal £5,000.00 Grass Cutting Minor Flood Risk £2,506.00 SSEN Cabinet Findhorn Pump station £4,452.00 Routine Clearance and Maintenance Total £160,493.96 Repair projects Budget Allocation Community Engagement £500.00 Tyock Burn Culvert Repairs £75,000.00 SSEN Cabinet Findhorn Pump station (installation of online link/ alarms) £5,000.00 Trash Screen works Aberlour/ Forres/ Lhanbryde/ Keith £20,000.00 Invererne Waterway Wall Repair £45,000.00 Flood Warning Sign Maintenance £4,200.00 Repair Project Total £149,700.00 Revenue Budget Toal £310,193.96 Item 11. Page 83
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Report to: Economic Development and Infrastructure Services Committee Meeting Date: 29 April 2025 Report by: Depute Chief Executive (Economy, Environment and Finance) Report No: ECS009/25/PW Author: Paul Wolverson Contact Email: paul.wolverson@moray.gov.uk Subject: Burial and Cremation (Scotland) Act 2016 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to update and inform Committee of the new statutory requirements on the Council, as a burial authority, in line with the Burial and Cremations (Scotland) Act 2016. 1.2 This report is submitted to Committee in terms of Section III (F) (14) of the Council’s Scheme of Administration relating to providing and maintaining all burial grounds. 2. SUMMARY 2.1 The Burial and Cremation (Scotland) Act 2016 received Assent in 2016. Whilst measures within the act have already been implemented, these primarily related to cremations and crematoriums. 2.2 On 14 November 2024 the Scottish Government laid four key sets of regulations before the Scottish Parliament, marking a significant step in the implementation of the Burial and Cremation (Scotland) Act 2016. On 8 January 2025 the Scottish Government announced the measures within the act which will come into force either from 1 March 2025 or the 1 March 2026. 2.3 The next measures will mandate additional statutory responsibilities on the Council as a burial authority. Item 12. Page 85
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3. RECOMMENDATIONS 3.1 It is recommended that Committee consider and note the: i) contents of the report; and ii) new mandatory responsibilities on the Council as a burial authority. Paul Wolverson Service Manager 4. BACKGROUND AND CONTEXT 4.1 The Burial and Cremation (Scotland) Act 2016 received Assent in 2016. 4.2 On 8 January 2025 the Scottish Government announced the latest measures within the Act which will come into force either from 1 March 2025 or the 1 March 2026 through the following regulations: ▪ The Burial and Cremation (Scotland) Act 2016 (Commencement no. 6) Regulations 2024 (“the Commencement Regulations”); ▪ The Burial and Cremation (Inspection) (Scotland) Regulations 2025 (“the Inspection Regulations”); ▪ The Burial (Management) (Scotland) Regulations 2025 (“the Burial Management Regulations”); ▪ The Burial (Applications and Register)(Scotland) Regulations 2024 (“the Applications and Register Regulations”). 5. REGULATORY REQUIREMENTS 5.1 The change which came immediately into effect from 1 March 2025 related to the introduction and use of statutory burial application forms. The mandatory requirements which will become effective from 1 March 2026 are outlined below. 5.2 The Burial and Cremation (Scotland) Act 2016 (Commencement no. 6) Regulations 2024 have mandated that: • The right of burial is extinguished after 25 years for new lairs purchased from 1 March 2026. Rights can be extended for up to 10 years and multi extensions can be granted. There is a requirement to create and maintain a register of lair right holders. This regulation is setting the foundations for restoration of lairs. Lairs will not be able to be used for at least 100 years following an interment; • The right to erect a headstone is also extinguished in line with the right of burial. Item 12. Page 86
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5.3 The Burial (Management) (Scotland) Regulations 2025 have mandated that burial authorities must: • Prepare and maintain a burial management plan for each cemetery and ensure the cemetery is managed and operated in accordance with the plan. The plan will need to be reviewed every 12 months and will include the following information: o Name and address of each burial ground o Contact details for the burial authority o Identify areas of the cemetery which are accepting burials and their type, i.e. ashes or coffin o Details of the procedures for carrying out burials, i.e. arrangements for making bookings or preparing the lair. o Contingency Plans and procedures for dealing with sudden increase in burials o Procedures for operation and servicing equipment o Procedures for ensuring burial grounds are in good order o Procedures for carrying out scheduled headstone inspections o Contingency plans for service disruption • Requirements regarding headstones, including: o Carrying out scheduled inspection (frequency is not specified) o Powers to make headstones safe o Power to remove unauthorised headstones • Requirement to have adequately trained staff and maintained equipment • Power to designate parts of a burial ground for use by a particular faith 5.4 The Burial (Applications and Register) (Scotland) Regulations 2024 have mandated that burial authorities must: • Retain burial application forms and accompanying documentation for 50 years from the date of the burial. • Hold a burial register for each cemetery. The burial register must be kept indefinitely. 5.5 There is no capacity within the current resources within the burial service to undertake the additional tasks, such as creating management plans and new register processes, needed to ensure compliance with new statutory responsibilities. As a proactive measure, costs for an additional resource were built into the costs of the burial service for 2025/26, as a cost recovery service, to enable compliance to be achieved. 5.6 Future changes that are still to be mandated through regulations are shown in Appendix 1. Item 12. Page 87
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6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) X Policy and Legal X Financial X Risk X Staffing X Best Value and Transformation X Property X Information Communications Technology/Digital X Equalities. Social Inclusion and Economic Impact X Climate Change, Biodiversity and Sustainability X 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☐ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☐ Improving wellbeing of our population 6.3 Policy and Legal Under the Burial and Cremation (Scotland) Act 2016 the Council is classed as a burial authority. As a burial authority that Council is mandated and has a statutory responsibility to comply with the provisions of the Act. 6.4 Financial Any additional resources needed to ensure compliance from 1 March 2026 will be covered through the burial service being a cost recovery service for 2025/26. There Item 12. Page 88
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is the potential that the number of lair sales and interments needed for the service to be cost recovery, is not achieved. In such circumstances there would a financial impact. However, any impact cannot be determined at this stage. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments - - - - - - Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments - - - - - - 6.5 Risk The risk of not complying with the requirements of the Burial and Cremation (Scotland) Act 2016 is that that the Council would be liable for a fine/prosecution. There is the risk that the number of lair sales and interments needed for the service to be cost recovery, is not achieved. 6.6 Staffing At this stage there are no staffing implications associated with the recommendations in this report. Any additional resource implications for 2025/26 have been addressed through the cost recovery model. Any future staffing implications beyond 2025/26 will be reported to committee in due course for consideration. 6.7 Best Value and Transformation The burial service is based on a self-funding cost recovery model. 6.8 Property There are currently no property implications associated with this report. 6.9 Information Communications/Technology/Digital At this stage there are no implications associated with the recommendations. Transitioning to digitisation of the burial service will be further evaluated throughout 2025/26 in line with service improvements, and as a pre-emptive measure with regards future compliance with statutory measures. There is the potential for future cost implications associated with digitisation of the burial service. 6.10 Equalities, Social Inclusion and Economic Impact There are no implications associated with the recommendations. Item 12. Page 89
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6.11 Climate Change and Biodiversity Impacts There are no climate change implications as a result of this report. 7. CONSULTATION 7.1 This report has been prepared in consultation with the Depute Chief Executive (Economy, Environment and Finance), Head of Environmental and Commercial Services, Chief Financial Officer, HR Manager, Legal Services Manager, Open Spaces Manager, Democratic Services Manager, Senior Registrar, Equal Opportunities Officer and L Rowan, Committee Services Officer and any comments made have been considered and incorporated into the report where appropriate. 8. BACKGROUND PAPERS 8.1 None. Item 12. Page 90
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Appendix 1 Other Areas Requiring Further Regulation To Be Enacted Regulation Section of Burial and Cremation (Scotland) Act Measure Impact for Council SSI 2023/145 Partially commenced on that date for the limited purpose of enabling Scottish Ministers to make regulations Section 23 Requirement to keep a private burial register No immediate changes needed pending the passing of further regulations Section 30 Requirement to keep an exhumation register Section 42 Requirement to prepare and maintain for each burial ground a register containing prescribed information of things done by the burial authority in connection to the functions conferred on the burial be sections 32 to 41 Still to be enacted Section 32,33,34,35,36,37,38,39,40,41 Allows for a burial authority to restore the use of a lair under certain circumstances, i.e. no interments have taken place for 100 years in a lair containing human remains, and 50 years where the lair does not contain human remains Sections relate to the various processes that need to be undertaken to extinguish No immediate changes needed pending the passing of further regulations Will allow lairs within cemeteries to be reused and so increase cemetery Item 12. Page 91
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Regulation Section of Burial and Cremation (Scotland) Act Measure Impact for Council the right of burial and burial a restoration register Still to be enacted Section 102 Where a person is required under or by virtue of this Act to keep any information or is required under this act to prepare and maintain a register, the person must keep the information or the register in electronic form No immediate changes needed pending the passing of further regulations. Will require the Council to invest in systems which allow digitisation of the records associated with the burial process Item 12. Page 92
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Report to: Economic Development and Infrastructure Services Committee Meeting Date: 29 April 2025 Report by: Depute Chief Executive (Economy, Environment and Finance) Report No: ECS003/25/JS Author: James Smith Contact Email: james.smith@moray.gov.uk Subject: Disabled Parking Review 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to note the review of disabled parking in Elgin. 1.2 This report is submitted to Committee in terms of Section III (F) (17) of the Council’s Scheme of Administration relating to traffic management. 2. SUMMARY 2.1 A review of disabled parking in Elgin was undertaken as part of the Elgin Parking Strategy and reported to this Committee in December 2018. The Committee requested a further report to be brought back to Committee in 2 years when North Street reopened. The opening of North Street was delayed until late August 2024. A further review has now taken place as requested by Committee. 3. RECOMMENDATIONS 3.1 It is recommended that Committee: i) note the results of the parking survey for Elgin Town Centre; ii) note the amendments to the disabled parking in the town centre as part of the Levelling Up Fund (LUF) project; and Item 13. Page 93
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iii) approve the introduction of new disabled parking spaces on the High Street west of Batchen Street as part of works associated with the Levelling Up Fund Town Centre projects and North Guildry Street, utilising part of the 25/26 budget for Disability Adaptations. James Smith Traffic Engineer 4. BACKGROUND AND CONTEXT 4.1 A strategic approach to parking in Elgin was approved by this Committee on 31 October 2017 (para 7 of the minute refers). This included the revision of charges across Elgin, and the introduction of new pay and display car park locations. Following the conclusion of the statutory process the changes came into effect on 23 May 2018. 4.2 In the report to Committee on 31 October 2017 it was reported that the consultation highlighted dissatisfaction amongst Blue Badge holders about the location of and the design of some of the disabled parking spaces. A further consultation took place to explore these particular concerns. 4.3 A follow up report was considered by this Committee on 4 December 2018 (para 8 of the minute refers). The report made several recommendations for improvement which were mainly taken forward and Committee requested that a further review of disabled parking in Elgin take place in 2 years on completion of the construction works in North Street. 4.4 The building works adjacent to North Street took considerably longer than originally anticipated which in turn has delayed the review of the disabled parking. 4.5 In the autumn of 2024 Transportation officers monitored use of the existing disabled parking spaces over a period of 8 weeks. The surveys were twice weekly on random days and at varying times to determine the level of occupation. A summary of the results of the survey can be viewed in Appendix 1 of this report. Note it is the occupation of the parking spaces which was recorded and not whether the vehicle parked was displaying a ‘Blue Badge’. 4.6 The most popular disabled spaces are on South Street with 83.5% occupancy during the survey and Lossie Green car park was least with no users during the survey periods. In total the public car parks have 75 disabled parking spaces with 36% occupancy during the survey period. On street there are 27 spaces in the town centre with 69% occupancy. The location of car parking spaces for Blue Badge holders in the centre of Elgin is identified in Appendix 2 of this report. 4.7 Prior to the closure of levels 3 – 6 in St Giles multi-storey car park in 2022 there were 13 disabled parking spaces available on level 5 for Blue Badge holders. There were 4 new spaces introduced on level 1 following the 4 December report and a further 7 Item 13. Page 94
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introduced in other town centre car parks. The current number of disabled parking spaces is similar to that in 2018 with an additional 2 on street spaces provided. 4.8 Previous consultation exercises have highlighted concerns that some of the existing disabled spaces on street are on a gradient which can be difficult for some disabled people to use, particularly wheelchair users. These issues relate primarily to Commerce Street. North Street has also been highlighted although the gradient is only slight in this location. 4.9 Transportation officers have previously considered that whilst these spaces on a gradient may not be suitable for all disabled users, the location is prominent and central for Blue Badge holders whose disabilities are not affected by the gradient. The usage percentage suggests that these locations are well used at 70.4% on Commerce Street and 64.1% on North Street. 4.10 As part of the review, officers assessed how the town centre of Elgin fared in relation to other local authorities and towns of similar size as a benchmarking exercise. Four authorities were approached with towns of similar population size and asked how many disabled parking spaces they provide on and off street. Appendix 3 shows the outcome of the request to each authority. It clearly indicates that Elgin has significantly more parking reserved for Blue Badge holders both on and off street compared to the other local authorities. 5. PROPOSALS 5.1 Members will be aware of the LUF projects in the central area of Elgin which have been the subject of previous press releases by the Council (Success for Moray Council Levelling Up Fund bid | Moray Council News). Two of the projects are subject to Road Traffic Regulation Orders which will be subject to public consultation and will seek to change the location of existing disabled parking spaces. 5.2 These projects are the north-south cycle link through Elgin encompassing Moss Street – Commerce Street – Lossie Wynd which proposes to reverse the flow of traffic on Commerce Street and introduce access control measures (rise and fall bollards) to remove unauthorised vehicles from the pedestrianised areas. The revised design will result in the removal of the disabled parking spaces on Commerce Street which are on a steep gradient. The second project affecting disabled parking is the proposal to introduce bollards on Thunderton Place. This will restrict access to the pedestrian area between 11am – 4pm daily with only essential vehicles permitted during the day for deliveries. 5.3 To mitigate for the loss of disabled parking from Commerce Street and the restricted access times on Thunderton Place it is proposed to introduce new disabled parking spaces on High Street to the west of Batchen Street in the areas as shown in Appendix 4. This will reduce the footway width in these areas, which are currently widened, and are used by works vehicles and general parking with Item 13. Page 95
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very little enforcement by Police Scotland to remove the vehicles. See Appendix 5 providing evidence of the misuse of the footway on a daily basis. These vehicles are in breach of the “No Waiting at Any Time” restrictions currently in place on this section of road. This area is also an ongoing maintenance burden for the roads maintenance team and classed as a “hot spot” in terms of repairs required because of vehicles continually parking on the slabbed area. 5.4 Since 2018 the locations of some businesses which are often visited by Blue Badge holders (e.g. banks, chemists etc) within the town centre have changed. The proposed new spaces have been located as close as possible to the Plainstones, where Blue Badge holders are often seen parking to access those facilities. It is considered that formal parking bays in this location will be welcomed by Blue Badge holders, as indicated by the responses in the Integrated Impact Assessment. It is proposed to locate 4 spaces on the north side and 2 on the south side of the Plainstones. It is also proposed to introduce 2 new on street spaces on North Guildry Street in close proximity to South Street which can also been seen on Appendix 4, which was a location mentioned in the 2018 report. 5.5 The works to provide the proposed new spaces on High Street would require funding as they are not specifically named within the LUF projects at this time. However, their requirement is a consequence of the LUF projects and therefore would be part of the accommodation works. The 2 new spaces on North Guildry Street could be funded from the Disability Adaptations Capital budget 2025/26. 5.6 It is anticipated that the LUF projects will be under construction during 2026. The disabled spaces on North Guildry Street can be introduced summer 2025 if this report is approved. 5.7 The proposals have been discussed with a small number of Blue Badge holders who use the existing town centre spaces including the Chair of Moray Disability Forum. They are all supportive of the alterations, which will result in the number of on-street spaces increasing to 28, and consider the proposed new High Street spaces to be in a prime location for access to the town centre and on a level surface. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) x Policy and Legal x Financial x Risk x Staffing x Item 13. Page 96
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Best Value and Transformation x Property x Information Communications Technology/Digital x Equalities. Social Inclusion and Economic Impact x Climate Change, Biodiversity and Sustainability x 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☒ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following local Outcomes Improvement Plan priorities: ☒ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☒ Empowering and connecting communities. ☒ Improving wellbeing of our population 6.3 Policy and Legal The Council will require to promote an amendment to an existing Road Traffic Regulation Order and follow the necessary legal process. The Order will be made under the Road Traffic Regulation Act 1984. 6.4 Financial The proposals will require funding from the current Disability Adaptations capital budget and through the Levelling Up Fund as works to provide the High Street spaces would be part of the enabling works for the town centre access control measures. Alterations to the existing Traffic Regulation Orders to designate the new spaces will be part of wider changes to the Order as part of the Levelling Up Fund works. This will reduce Legal and advertising costs as any forthcoming changes will be done at the same time. Should the new spaces on the High Street be approved, full designs will be developed which will enable a more accurate cost estimate to be produced. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Item 13. Page 97
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Transportation Disability Adaptations 2025/26 £800 N/A N/A Transportation Levelling Up Fund – Town Centre 2026/27 N/A N/A Initial estimated cost £160k Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments N/A N/A N/A N/A N/A N/A 6.5 Risk A Road Traffic Regulation Order will be required. This may result in objections from interested parties which this Committee may have to consider at a later date if the issues cannot be resolved. 6.6 Staffing None. 6.7 Best Value and Transformation None. 6.8 Property None. 6.9 Information Communications/Technology/Digital None. 6.10 Equalities, Social Inclusion and Economic Impact An Integrated Impact Assessment has been completed in Appendix 6. The proposals make improvements to the parking provision in Elgin for people with disabilities taking account of the various needs within the community and the feedback from previous consultation. Although impacts have been identified they can be mitigated and justified. 6.11 Climate Change and Biodiversity Impacts The proposals will have a neutral impact on climate change and biodiversity. The recommendation changes the location of existing disabled parking spaces rather than creating additional parking places. Furthermore, the benefits to accessibility is seen to outweigh any impacts of encouraging cars into the town centre. Item 13. Page 98
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7. CONSULTATION 7.1 This report has been prepared in consultation with the Depute Chief Executive (Economy, Environment and Finance), Head of Environmental and Commercial Services, Chief Financial Officer, HR Manager, Legal Services Manager, Roads Maintenance Manager, Equal Opportunities Officer and L Rowan, Committee Services Officer and any comments made have been considered and incorporated into the report where appropriate. 8. BACKGROUND PAPERS 8.1 Report to ED&I Committee 31.10.17, Item 7 Report to ED&I Committee 14.12.18, Item 7 Item 13. Page 99
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Appendix 1 Disabled Parking Provision Occupancy for the period 8 October - 30 November 2024 (various days) Occupancy Levels - On Street against Off Street Disabled Parking Car Park / Street On Street No of spaces Time: Spaces used: Time: Spaces used: Time: Spaces used: Time: Spaces used: Time: Spaces used: Time: Spaces used: Time: Spaces used: Time: Spaces used: Time: Spaces used: Time: Spaces used: Time: Spaces used: Time: Spaces used: Time: Spaces used: Time: Spaces used: Time: Spaces used: Total / 15 % Greyfriars Street No 4 1420 2 0950 0 1420 3 1447 2 1150 1 1142 2 1510 2 0940 2 1407 0 1637 1 1447 1 0949 1 1152 2 1412 0 1249 2 1.40 35.0% South Street Yes 2 1425 2 0953 1 1425 2 1500 1 1152 2 1144 2 1512 2 0942 2 1409 0 1638 1 1449 2 0950 2 1154 2 1415 2 1248 2 1.67 83.5% Moray Street No 8 1435 5 0955 0 1430 5 1545 5 1155 6 1145 6 1515 6 0945 4 1428 4 1639 3 1502 6 0953 6 1156 3 1417 6 1244 7 4.80 60.0% Thunderton Place Yes 3 1440 3 1000 2 1430 2 1502 2 1158 4 1152 2 1520 3 0949 3 1431 2 1641 1 1504 3 0955 2 1159 3 1419 2 1253 3 2.47 82.3% Batchen Lane No 7 1450 3 1005 3 1440 3 1506 2 1203 3 1151 4 1525 2 0953 3 1435 2 1645 2 1508 3 0958 7 1202 5 1421 4 1259 5 3.40 48.6% Hall Place No 1 1455 1 1008 0 1430 1 1504 1 1206 0 1147 0 1527 0 0955 0 1438 1 1646 0 1515 0 0956 0 1204 0 1422 0 1255 1 0.33 33.0% South Street No 1 1457 1 1010 0 1445 0 1510 1 1208 0 1156 0 1529 0 0957 0 1440 0 1648 0 1519 0 1000 0 1205 0 1424 0 1301 1 0.20 20.0% Northfield Terrace No 6 1458 1 1015 1 1445 3 1510 2 1210 4 1155 4 1530 1 0958 2 1441 3 1649 0 1521 2 1001 1 1207 2 1427 3 1301 5 2.27 37.8% Batchen Lane Yes 2 1500 2 1018 0 1450 2 1511 1 1212 2 1154 2 1532 1 0959 0 1443 1 1650 1 1522 0 1016 2 1208 1 1428 0 1302 1 1.07 53.5% Ladyhill Road No 5 1505 3 1022 4 1500 4 1515 4 1215 4 1201 2 1535 1 1003 4 1446 1 1653 2 1526 3 1021 2 1211 4 1430 4 1307 3 3.00 60.0% North Street Yes 8 1520 7 1024 2 1500 6 1516 4 1216 4 1200 7 1536 5 1005 4 1447 6 1652 3 1528 4 1023 3 1212 7 1431 8 1306 7 5.13 64.1% Lossie Green No 7 1527 0 1030 1 1510 2 1520 0 1220 1 1205 2 1540 3 1010 0 1451 4 1656 1 1531 0 1025 1 1217 1 1434 2 1310 1 1.27 17.6% Lossie Wynd No 2 1531 0 1032 0 1510 0 1522 0 1223 0 1206 0 1542 0 1011 0 1452 0 1658 0 1532 0 1026 0 1219 0 1436 0 1312 0 0.00 0.0% Cooper Park No 7 1535 5 1035 3 1515 3 1524 3 1225 2 1207 1 1545 2 1013 3 1455 3 1657 0 1535 2 1028 5 1221 1 1438 3 1313 0 2.40 34.3% St Giles No 4 1542 2 1038 1 1525 2 1527 0 1230 1 1212 1 1547 1 1016 1 1459 3 1700 1 1537 1 1030 2 1224 3 1441 2 1315 2 1.53 38.3% North Port No 13 1555 3 1042 8 1530 2 1531 6 1234 6 1216 9 1550 6 1020 6 1510 4 1701 1 1539 4 1035 4 1227 7 1443 4 1317 8 5.20 40.0% HQ Annexe No 10 1600 6 1045 8 1530 4 1533 1 1238 6 1229 4 1553 3 1023 6 1514 4 1703 1 1543 6 1059 4 1229 6 1446 5 1320 1 4.33 43.3% High Street @ Annexe Yes 3 1600 1 1046 2 1530 1 1534 2 1239 2 1228 3 1554 0 1024 3 1515 3 1704 1 1542 1 1100 3 1230 0 1447 3 1321 0 1.67 55.7% High Street @ Farmfoods Yes 2 1603 0 1048 0 1425 1 1457 2 1240 2 1231 1 1556 1 1026 2 1516 2 1705 1 1545 2 1052 2 1231 2 1449 2 1322 2 1.47 73.5% Commerce Street Yes 7 1605 6 1050 6 1425 6 1459 5 1242 5 1232 7 1600 2 1027 4 1410 0 1706 5 1549 6 1054 4 1153 5 1414 3 1249 5 4.93 70.4% Tue 08/10/24Thu 10/10/24Tue 15/10/24 Fri 18/10/24Wed 23/10/24Sat 26/10/24Wed 30/10/24Thu 31/10/24Tue 05/11/24 OccupancyFri 08/11/24 Thu 14/11/24 Fri 15/11/24Wed 20/11/24Wed 27/11/24Sat 30/11/24 Item 13. Page 100
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Appendix 3 Freedom of Information Request Responses from Councils with Towns of similar population size to Elgin Local Authority Total Population (taken from 2022 census) Total BB holders by Council area % BB holder by council area Town Town Population On Street Off Street Additional comments Angus 114,342 6,545 6% Arbroath 23,481 9 6 East Lothian 112,284 6,659 6% Musselburgh 21,695 22 0 We don’t have any off-street disabled spaces but there are disabled spaces in private car parks such as Tesco and restaurants, but we don’t have any info on these. It’s worth noting that we have 90 minutes limited stay parking bays in the town centre, but blue badge holders are exempt from the timed restriction. West Dunbartonshire 88,399 5,269 6% Clydebank 25,620 2 9 West Lothian 181,278 9,275 5% Bathgate 23,600 9 8 Moray 93,293 4,678 5% Elgin 24,640 27 75 On street - South St: 2, Thunderton Pl: 3, Batchen Ln: 2, North St: 8, High St @ Annexe: 3, High St @ Farmfoods: 2 Commerce St: 7 Off street - Greyfriars St: 4, Moray St: 8, Batchen Ln: 7, Hall Pl: 1, South St: 1, Northfield Terr: 6, Ladyhill Rd: 5, Lossie Gr: 7, Lossie Wynd: 2, Cooper Pk: 7, St Giles: 4, North Port: 13, HQ Annexe: 10 Item 13. Page 102
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Appendix 5 Item 13. Page 104
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Appendix 6 INTEGRATED IMPACT ASSESSMENT COVERING • EQUALITIES & SOCIO ECONOMIC DUTIES • HUMAN RIGHTS AND RIGHTS OF THE CHILD DATE UPDATES/EXECUTIVE SUMMARY VERSION DETAILS Insert Date (e.g. 03/10/2023) Add brief notes/highlight which section amended (e.g. first draft of IIA completed and submitted to SFC 25/10/2023 for consideration; noting that further work on Stage 2 will be required). Insert (ShP) Version Info (when details have been agreed) (e.g. 5.0 03/10/2023 11:21 AMcL) 03/03/2025 First draft 05/03/2025 Second draft STAGE 1 - DO I NEED AN INTEGRATED IMPACT ASSESSMENT? Name of policy or proposal: Disabled Parking review Elgin Town Centre. The Environmental Services Committee in 2018 asked for a review of disabled parking when North Street reopened. Is this a Mark X below New activity, programme or policy? Change to an existing activity, programme or policy? X Budget proposal? Duties: tick the boxes you think apply No Maybe Yes Equalities: Will your proposal have an impact on groups with protected characteristics? Consider the impact of your proposal on people and how they access your services and information without barriers. X Socio-economic Not every person/family has access to regular income or savings. Will your proposal have an adverse impact on them X Does your proposal impact on the human rights of people? X Does your proposal impact on the rights of children and young people X Reasoning Item 13. Page 105
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Briefly describe your reasoning for the responses given above: The proposal will alter the location of some disabled parking within the town centre of Elgin. The town centre alterations are being promoted to improve sustainable travel within Elgin and to assist with management of the pedestrian areas. If you have answered “maybe” or “yes” to any of the Stage 1 questions above then proceed to complete the Stage 2 Integrated Impact Assessment questions below. If you have answered “no” to the Stage 1 questions above then provide the details below and submit to [email] Lead Officer for developing the contract Other people involved in the screening (this may be council staff, partners or others i.e. contractor or community) Date Item 13. Page 106
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STAGE 2: INTEGRATED IMPACT ASSESSMENT Brief description of the affected service 1. Describe what the service does: Provides disabled parking spaces, which are both on and off street, to enable Blue Badge holders greater accessibility to park closer to the facilities and shops within Elgin Town Centre. 2. Who are your main stakeholders? Blue Badge holders and/or any carer for those with any disability that meets the criteria for a Blue Badge. 3. What changes as a result of the proposals? Is the service reduced or removed? It is proposed to remove the existing disabled parking spaces from Commerce Street as part of the Levelling Up Fund (LUF) and amend times that disabled parking on Thunderton Place can be accessed. The LUF project is improving sustainable travel links through the town centre which are currently difficult and to control access to pedestrianised areas which will improve the safety of vulnerable road users, including those with mobility or other impairments. Subject to consultation, access to existing pedestrian areas will be managed by raising bollards. These areas are currently badly abused by many drivers creating road safety issues for pedestrians. It is proposed to introduce new disabled parking on the High Street to the west of Batchen Street and at the north end of North Guildry Street. This will replace the 7 existing spaces on Commerce Street with 8 new ones, which will also be available as an alternative to the 3 spaces on Thunderton Place which would have restricted access at certain times of the day. It is recognised this is a reduction however the spaces in Commerce Street were badly misused by able bodied drivers who would go to nearby shops. 4. How will this affect your customers? The proposed new spaces will be on a level carriageway compared to the Commerce Street spaces which are on a slope. They are less likely to be misused as the High Street spaces are very prominent. It is proposed that the High Street spaces will be set back in a layby creating a safer environment for users. Although the location of spaces has changed, the quality of the spaces will mean that they can be used by a wider range of Blue Badge Holders with impaired mobility. 5. Impact on staff providing the service None. 6. Please indicate if these apply to any of the protected characteristics Protected groups Potential impacts and considerations Race Disability Potential impact – will affect those with disabilities as set out in current eligibility criteria for Blue Badge Permits. Carers (for elderly, disabled or minors) Potential impact – will affect carers of those with disabilities, as set out in current eligibility criteria for Blue Badge Permits Sex Pregnancy and maternity (including breastfeeding) Sexual orientation Age (include children, young people, midlife and older people) Potential impact – those with a disability span a range of age groups. Those within the older generation have more mobility issues and the current eligibility criteria for Blue Badge Permits includes parents of those under 3 and children. Religion, and or belief Item 13. Page 107
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Gender reassignment Inequalities arising from socio- economic differences Human rights List of convention rights Describe, where applicable, if and how specific rights are engaged Article 5: Right to liberty and security Article 6: Right to a fair trial Article 8: Right to respect for private and family life, correspondence and the home This includes a right to participate in essential economic, social, cultural and leisure activities. In some circumstances, public authorities may need to help you enjoy your right to a private life, including your ability to participate in society. Article 10: Freedom of expression Article 11: Freedom of assembly and association Article 12: Right to marry Article 14: Prohibition of discrimination (in relation to the convention rights) Article 1 of Protocol 1: Protection of property Article 2 of Protocol 1: Right to education Article 3 of Protocol 1: Right to free elections by secret ballot Children’s Rights and Wellbeing Relevant articles – UNCRC Article 2 – Non discrimination Blue Badge holders include children and carers of children Article 12 – Respect of the views of the child Article 3.1 – Best interest of the child Article 6.2 – Right to survival and development Article 23 - Children with a disability A child with a disability has the right, as far as possible, to independence and to play an active part in the community with support. 7. Evidence. What information have you used to make your assessment? Performance data Usage data as referenced in Committee Report Internal consultation Equalities Officer Consultation with affected groups The proposals have been discussed with three local Blue Badge holders who are in regular contact with Officers from within the Transportation Team. They are generally supportive of the proposals, in line with the reasoning given in the mitigations set out at Section 9 below. The proposals have also been discussed with Irena Paterson, who is the Chair of Moray Disability Form and Vice Convenor of Inclusion Scotland. In a statement she said “I am happy to see the new spaces on High Street to mitigate the loss of Commerce Street because of the slope and constant misuse. I support the alterations.” Item 13. Page 108
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Local statistics A study of existing on and off-street disabled parking space usage has been undertaken and is included as an appendix to this report. Officers also contacted four other local authorities with similar town sizes to Elgin to ascertain the number of disabled parking spaces they provide on / off street. The results are attached as an appendix to the report. It would appear that Elgin has a high number of spaces compared to the other sample authorities. National statistics As Above Other 8. Evidence gaps Do you need additional information in order to complete the information in the previous questions? 9. Mitigating action Can the impact of the proposed policy/activity be mitigated? Please explain Alternative disabled spaces are proposed at the locations to mitigate against the loss of spaces on Commerce Street and restricted access to Thunderton Place. Relocation of existing disabled parking bays, from Commerce Street (on the east side of the High Street pedestrian area) to the west of Batchen street, will: • provide new, more accessible disabled parking bays for all users regardless of their disability or condition in terms of gradient (a more level surface) and size. • spaces will be more prominent with greater visibility, therefore potentially acting as a deterrent and reducing any potential misuse. • increase disabled users and overall pedestrian safety, particularly once the traffic flow change proposed for Commerce Street is in place and the access control measures are operational. • satisfy previous requests from area officers for more accessible spaces within the vicinity. 10. Justification If nothing can be done to reduce the negative impact(s) but the proposed policy/activity must go ahead, what justification is there to continue with the change? While aware the option to relocate the disabled parking bays in the immediate High Street vicinity could have an impact on those with disabilities and / or their carers, the Council would need to consider if it would be justified given the mitigations above. There is no national guidance on the number of disabled parking bays should be provided on-street but the benchmarking shows Elgin already has a higher number relative to the sample of other local authorities. SECTION 3 CONCLUDING THE IIA Concluding the IIA 1. No potential negative impacts on any of the protected groups were found. 2. Some potential negative impacts have been identified. The impacts relate to: X Reducing discrimination, harassment, victimisation or other conduct prohibited under the Equality Act 2010 X Promoting equality of opportunity Item 13. Page 109
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Fostering good relations 3. The proposals interfere with human rights and/or the rights of the child X 4. Negative impacts can be mitigated as outlined in question 9. X 5. The negative impacts cannot be fully mitigated but are justified as outlined in question 10. 6. Further consultation with affected groups is needed. 7. It is advised not to go ahead with the proposals. Decision Set out the rationale for deciding whether or not to proceed with the proposed actions: Date of Decision: Sign off and authorisation: Service Department Policy/activity subject to IIA We have completed the integrated impact assessment for this policy/activity. Name: James Smith Position: Engineer (Transportation) Date: 3rd March 2025 Authorisation by head of service Name: Nicola Moss Position: Head of Environmental and Commercial Services Date: 3rd March 2025 Permission to publish on website - Please return this form to the Equal Opportunities Officer, Chief Executive’s Office. Item 13. Page 110
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Report to: Economic Development and Infrastructure Services Committee Meeting Date: 29 April 2025 Report by: Depute Chief Executive (Economy, Environment and Finance) Report No: ECS010/25/MA Author: Mark Atherton Contact Email: mark.atherton@moray.gov.uk Subject: Roads Asset Management Planning 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to inform the committee of the latest road condition and Roads Asset Management Planning information. 1.2 This report is submitted to Economic Development and Infrastructure Services Committee in terms of Section III (F) 15 of the Council’s Scheme of Administration relating to the function of the Council as Roads Authority. 2. SUMMARY 2.1 This report highlights the current Road Condition Indicator (RCI) and ranking position against other local authorities, as well as providing an update on Roads Asset Management Planning (RAMP). Whilst the overall ranking confirms Moray is in a strong position, being ranked 5th nationally, this should be treated with some caution. 3. RECOMMENDATIONS 3.1 It is recommended that Committee: i) notes the latest Road Condition Indicator (RCI) results for Moray Council; Item 14. Page 111
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ii) agrees that the RCI results continue to be monitored and reported back on an annual basis to this committee; and iii) notes the clear commitment to the use of Road Asset Management Planning in Moray Council. Mark Atherton Roads Maintenance Manager 4. BACKGROUND AND CONTEXT 4.1 The Roads (Scotland) Act 1984 places the statutory responsibility for local roads improvement, maintenance and repair with Local Authorities. 4.2 Local Authorities are recommended to adopt the principles of the Well Managed Highway Infrastructure: A Code of Practice and to adapt these as necessary based on consideration of local circumstances and apply them consistently. 4.3 The road network represents the Council’s single largest asset (with a gross replacement cost of almost £1.7 Bn) and therefore regular and adequate maintenance is vital to ensure it does not deteriorate materially or become dangerous, and that considerable past investment is not lost. There is also an increasing understanding of the serious consequences of failure to invest adequately and effectively in maintaining the local road network, in particular the progressive deterioration of safety, reliability, and quality, eventually requiring even greater levels of investment in the future. 4.4 The network and associated asset liabilities are increasing year on year as new developments are built and adopted. The consequence of this is an increased pressure on available budgets to maintain at an agreed standard without an uplift in corresponding budget. In simple terms, the base allocation needs a similar enhancement if standards are to be maintained. There is budget pressure on the service’s revenue budgets due to the regular increase in the assets that the council is required to maintain. 4.5 It can also be reported that there has been an increase in significant localised landslip failures as a result of unpredictable heavy rain events experienced. The localised landslips do not have a material impact on the council’s RCI score as they generally impact a small section of the road network. However, they do have a very visible and clear impact on connectivity, a negative economic impact on local communities as well as high costs of specialist repairs. These are taken on a prioritised basis for capital budget consideration. 4.6 As per the Capital Strategy 2024/25 (paragraph 4.2), approved on the 4 December 2024, it is the Council’s aim to be at the midpoint of the table for road conditions in Scotland. This reduction in standard, from our current position of 5th, will result in Item 14. Page 112
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additional budget pressures in future years, as it will cost significantly more to maintain a steady state road condition on a network with an increased (worse) RCI. 5. LATEST ROAD CONDITION INDICATOR (RCI) & RANKINGS (2023/25) 5.1 The condition of the council’s road network is monitored via the Scottish Road Maintenance Condition Survey (SRMCS) which is a Scotland-wide machine-based survey, the results of which are used to calculate a Road Condition Indicator (RCI). The RCI provides information about which sections of a network should be considered for planned maintenance soon, which sections should be investigated to determine the optimum time for maintenance and which sections are generally in a good state of repair (these three categories are colloquially known as “red”, “amber”, and “green” lengths). 5.2 It is worth noting how and where these SRMCS surveys are undertaken on the different road classification types throughout Moray and what proportions of the council’s network are surveyed each year. • A class roads - 100% / year (in one direction; alternates direction each year). • B & C class roads - 50% / year (in one direction; alternates each time a length of road is surveyed). • Unclassified roads - 10% / year (in one direction). 5.3 The RCI figure is derived from the surveys carried out over the last 2 years for the classified road network (A, B, C class roads), and over the last 4 years for unclassified roads. The overall RCI figure is therefore derived from a 100% sample of the classified network, and a 40% sample of the unclassified network. 5.4 The RCI in Scotland is the proportion of the network falling within Red and Amber and reported as a % figure. In simple terms, a higher percentage represents a worse road condition. The RCI is reported to Audit Scotland every year as a Statutory Performance Indicator. 5.5 Table 1 below shows the Council’s latest (2023-25) RCI figures and ranking position against other Local Authorities. The table also shows the same details for the previous 4 years. Table 1: RCI (%) and ranking position 5.6 Graphs showing the council’s RCI historical trends as well as its 2023-25 ranking among other Scottish Local Authorities can be found in Appendix A. Item 14. Page 113
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5.7 The ranking shown above is the Council’s position compared to all 32 Local Authorities, where the 1st ranking is the best and the 32nd ranking is the worst. Any movement in ranking may be due to a change in the council’s road condition but can also be due to the road condition in other authorities improving or deteriorating depending upon how they are prioritising investment in their road network. 5.8 It can be noted from Table 1 above that the council’s A Class, C Class and Unclassified roads have deteriorated from last year’s results as their respective RCI scores have all increased. However, Moray’s B Class roads have seen a reduction in RCI of 0.5% which indicates some improvement. 5.9 The whole network RCI score has increased by 1.7%, which indicates that the council’s overall road condition has deteriorated. Appendix A details our score in comparison with other Scottish authorities. 5.10 The scores for the unclassified network are the most unreliable component of the RCI (due to its small sample size – only 40% of the U Class network is considered), however due to the council’s network being almost 50% unclassified, these scores can have a disproportionately positive or negative effect on the whole network RCI. 5.11 Table 2 below shows the Scottish Average RCI over the last 10 years. This shows a general trend of improvement (decreasing RCI) over the first 8 years, then a deterioration (increasing RCI) over the past 2 years. Table 2: Scottish Average RCI (%) 6. SCOTS Backlog and Steady State Report 2023 6.1 Scottish Collaboration of Transport Specialists (SCOTS) routinely publish a Backlog and Steady State Report utilising the results of SRMCS surveys. The last time this published was 2023 surveys, with the previous report being published in 2019. 6.2 According to the report Moray’s backlog figure, which is the estimated cost to treat all sections of road that were classified as red or amber, was £46.469m. This was a decrease from 2019, due to the improvement in Moray’s RCI between the reports. 6.3 Across all Scottish Authorities the backlog figure increased by £2.196bn (16.3%) from the last report, which has primarily been attributed to increases in treatment costs since 2019. 6.4 According to the report Moray’s steady state figure, which is the estimated cost to maintain the network (accounting for annual deterioration) in its current condition for Item 14. Page 114
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ten years, was £11.287m per year. This was a slight reduction from 2019, again due to the council’s improvement in RCI between the reports. 6.5 Across all Scottish Authorities, the steady state figure decreased by £12.1m (3.5%) since 2019. This has been attributed to a general improvement in the road condition across Scotland, which can be evidenced in the improvement in the Scottish Average RCI between reports. 7. ASSET VALUATION 7.1 Utilising SCOTS Road Asset Management Planning (RAMP) tools, officers carry out a valuation across various Environmental & Commercial Services road related assets annually. Below are the results for 2023/24. Table 1 – Roads Asset Value (as at 31/03/23) Asset Group Gross Replacement Cost £'000 Depreciated Replacement Cost £'000 Carriageway £1,259,019 £1,027,532 Footway £110,335 £72,875 Structures £66,076 £48,037 Street Lighting £91,100 £52,949 Street Furniture £19,093 £9,354 Traffic Man. Systems £477 £264 Land £134,454 Total £1,680,555 £1,211,011 *These figures are based on the SCOTS Road Asset Valuation template – part of the RAMP tools. The basis of valuation in the annual accounts is different. 8. MORAY ASSET MANAGEMENT APPROACH 8.1 The Road Maintenance Capital Programme is prepared by utilising an asset management approach. This involves using robust data to make informed decisions about how the council manage and maintain the road network as effectively as possible. 8.2 The benefits of this approach are widely recognised. Both local and national governments have stressed the importance of road asset management in order to deliver some of the required public-sector efficiencies and nearly all roads authorities now either have an asset management plan or are actively working on one. 8.3 Asset management is an approach which focuses on getting the best long-term value for money as opposed to a short-term approach which might prioritise immediate repairs over preventative work to preserve the asset and extend its life. In taking this approach, officers look at the long-term costs and consequences of the choices Item 14. Page 115
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being made. In short, asset management is all about evidence-based decision making. 8.4 This means that Road Maintenance officers will consider maintenance options over a much longer term to plan for the most appropriate treatment at the most appropriate time rather than automatically fixing the roads which look worst. This approach enables the best use of the limited resources available, though this can sometimes cause confusion when the public see the council working on roads that appear to be in better condition than others. 8.5 Maintaining the roads asset at its current condition would require additional investment due to inflation, network growth and normal ongoing deterioration. 9. SUMMARY OF IMPLICATIONS 9.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) x Policy and Legal x Financial x Risk x Staffing x Best Value and Transformation x Property x Information Communications Technology/Digital x Equalities. Social Inclusion and Economic Impact x Climate Change, Biodiversity and Sustainability x 9.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☐ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy Item 14. Page 116
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☐ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☐ Improving wellbeing of our population 9.3 Policy and Legal The Council is responsible for the maintenance of 1564km of road network which have been adopted by the Local Authority in terms of the Roads (Scotland) Act 1984. The Act places a duty on the Local Authority to maintain the roads, lighting units and structures so adopted, but does not prescribe the level of maintenance to be delivered. The Well-managed Highway Infrastructure Code of Practice identifies good practice, and consideration has been given to this advice. 9.4 Financial None arising from this report. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Roads Maintenance n/a n/a n/a n/a No additional one-off costs Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments Roads Maintenance 9.5 Risk Pressure on the Revenue general maintenance budget will increase in terms of reactive maintenance as carriageway conditions deteriorate. This deterioration will also increase the backlog and steady state figure mentioned in Section 6 of this report. 9.6 Staffing None. 9.7 Best Value and Transformation None. Item 14. Page 117
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9.8 Property None. 9.9 Information Communications/Technology/Digital None. 9.10 Equalities, Social Inclusion and Economic Impact None. 9.11 Climate Change and Biodiversity Impacts None. 10. CONSULTATION 10.1 This report has been prepared in consultation with the Depute Chief Executive (Economy, Environment and Finance), Head of Environmental and Commercial Services, Chief Financial Officer, HR Manager, Legal Services Manager, Equal Opportunities Officer and L Rowan, Committee Services Officer and any comments made have been considered and incorporated into the report where appropriate. 11. BACKGROUND PAPERS 11.1 None. Item 14. Page 118
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Appendix A Item 14. Page 119
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10-90972594-3\404254-1 Report to: Economic Development and Infrastructure Services Committee Meeting Date: 29 April 2025 Report by: Depute Chief Executive (Economy, Environment and Finance) Report No: ECS015/25/NM Author: Nicola Moss Contact Email: nicola.moss@moray.gov.uk Subject: North of Scotland Electric Vehicle Charging Infrastructure Partnership 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to detail the progress with identifying a preferred bidder for the provision of electric vehicle (EV) chargers and services under the joint Pathfinder project and agree the procurement vehicle to move to conclusion of the procurement process and contract award. 1.2 This report is submitted to Council/Committee in terms of Section II (F) (17) of the Council’s Scheme of Administration relating to traffic and transport management functions. 2. SUMMARY 2.1 This report sets out progress to date in relation to procuring expansion and ongoing management of the EV charging network in Moray, in partnership with neighbouring authorities. It also sets out the procurement route, and seeks approval to use a Special Procurement Vehicle with associated governance to provide the mechanism for finalising procurement and moving to contract award. 3. RECOMMENDATIONS 3.1 It is recommended that Committee: i) Notes the progress made in relation to a strategic partnership approach and funding for electric vehicle charging infrastructure following the Electric Item 15. Page 121
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Vehicle Infrastructure Fund Strategy and Expansion Plan approved by this Committee (para 9 of the minute of 7 February 2023 refers); ii) Delegates Authority to the Head of Environmental & Commercial Services in consultation with the Head of Governance, Strategy & Performance to agree the formation of a Special Procurement Vehicle, Lead Authority Model, in partnership with Aberdeen City, Aberdeenshire and Highland Councils to deliver EV charging infrastructure, with Highland Council as the Lead Authority, governed by a Joint Steering Board; and iii) Notes that existing public electric vehicle charging infrastructure operated by the Council is included in the Special Procurement Vehicle. Nicola Moss Head of Environmental and Commercial Services 4. BACKGROUND AND CONTEXT 4.1 The Council first installed EV charging infrastructure in 2014 and since then the network has grown to just under 30 EV charging units. The installations were primarily funded through the Scottish Government’s Switched on Towns and Cities and Switched on Fleets. 4.2 The Council’s Electric Vehicle Infrastructure Fund Strategy and Expansion Plan, setting out future needs and opportunities was prepared in compliance with Scottish Government requirements and approved by this Committee on 7 February 2023 (para 9 of the minute refers). This strategy set out the parameters to enable future Scottish Government EV Charging funding to be provided via private sector partnerships. 4.3 With respect to wider environmental impacts, the Scottish Government has pledged to end Scotland’s contribution to climate change no later than 2045. All public bodies have a duty to support and work towards this target under the Climate Change (Scotland) Act 2009, as amended by the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019. The existing Charge Point Operator CPS was awarded a Transport Scotland contract to operate all of the services to support the network of chargers across Scotland, this contract is scheduled to end on 31 December 2025 by which time all Councils will need to have appointed a replacement network operator, and this requirement is included in the Private Sector Partner provision. 4.4 Both the Scottish and UK Government have pledged to phase out the need for new petrol and diesel cars and vans. From 2030 the sale of new internal combustion engine (ICE) vehicles will be banned (diesel and petrol) in Scotland with the UK Government ban coming into effect from 2035. 4.5 The Scottish Government’s Vision for Public EV Charging highlights that as EV ownership increases, there will be a move toward a charging network financed and operated by the private sector. In order to transition from the publicly financed and operated network to a private network, private/public sector partnerships will be key to accelerating the expansion of the network. Item 15. Page 122
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4.6 Transport Scotland supported by the Scottish Futures Trust (SFT) approached all Local Authorities in Scotland to help in achieving this transition in the market from ICE (internal combustion engine) to EV, and to ensure that EV chargepoints are accessible to all regardless of their remote, rural or urban location. 4.7 While the Council has delivered a public EV charging network and continued to expand this network, there is a real need to accelerate the delivery of new infrastructure to meet the demand of rising EV ownership and support the Scottish and UK Government’s ambitions to phase out ICE vehicles. As such the Council has been working collaboratively with Aberdeen City, Aberdeenshire and Highland Councils to develop a commercial partnership with the private sector for the delivery of EV charging infrastructure. 4.8 By looking at an Alternative Delivery Model for EV charging infrastructure, it is expected that this collaborative approach will ensure the councils can meet their statutory duty to progress towards and meet Net Zero/carbon reduction targets in line with Scottish Government legislation and deliver change at a pace required to meet demand whilst leveraging private sector funding. 4.9 The initial Pathfinder project was funded by Scottish Government and was coordinated on their behalf by the Scottish Futures Trust. The project will lever in private sector funding to enable an accelerated roll out of EV Charging infrastructure in line with the Scottish Government’s Vision for Scotland’s Electric Vehicle Charging Network. 4.10 The partnership submitted a business case to the Scottish Government as part of the Pathfinder project and was awarded a grant of £6.8m which will be used to grow the EV Charging Infrastructure across the North of Scotland, whilst leveraging private sector investment to ensure the provision of a network covering remote, rural and urban areas, ensuring equitable access for all who live, work and visit the area. 4.11 The Council teams in collaboration explored a range of options including • an in-house developed model which would be council owned • a partnership/Joint Venture (JV) • outsourcing to fully commercial model The conclusion that a partnership under a service concession model was the best way forward was eventually reached following extensive consultation, market research and sourcing independent advice. Drivers for this included; creating a new network owned by the councils and investment by the private sector with fair revenue sharing coming back to council budgets, operated and developed at pace by the private sector. 4.12 Market engagement took the form of a Prior Information Notice (PIN) and distilling the responses and holding supplier interviews, which helped to confirm that this model is fair, equitable, viable and sustainable. Additional feedback from the PIN included that the concession model appeared correct. The model will allow revenue for councils and the approach supports just transition in terms of rural and off street charging. 4.13 During PIN interviews it became evident from multiple suppliers that the opportunity to work across 4 councils, covering a large geographic area was of more interest Item 15. Page 123
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commercially and in terms of efficiency than working with an individual council. Inclusion of the requirement to adopt and maintain existing infrastructure, the opportunity to invest in fleet/depot infrastructure with no council contribution alongside Destination (Gilt-Edged) Sites across the region (classified as destination due to areas of opportunity with high traffic flows but little to no EV charging infrastructure currently) presented a unique opportunity to the private sector. It also enabled the councils to extend the EV network in a consistent manner across the Region 5. PROPOSALS 5.1 After reviewing options, the preferred structure of the Special Procurement Vehicle (SPV) was identified as a Lead Authority model covering the four councils (similar to the earlier Energy from Waste NESS project) with a Service Concession contract supported by site operating leases for all EV locations. This keeps all asset ownership with the councils and at the end of the contract all new public infrastructure also transfers to the councils as a viable network. 5.2 This review also highlighted that this approach did not require the expense or time needed to set up a Shareholder structure but could easily be structured to deliver commercial advantages e.g. rights to profit sharing to the councils. As a vehicle to cover all four councils participation with a clear legal signatory pathway, The Lead Authority structure will be used to enter into agreements. The structure enables all of the councils to have the opportunity to influence the development and the running of the network. Sitting behind this is a structure of collaboration, consultation and involvement which prior to any formal signature process, all will be involved directly in designing future outcomes and agreeing priorities. 5.3 A Joint EV Charger Steering Board has been launched consisting of representatives of each councils Senior leadership team working together to set coming priorities, and to check and sign off on financial revenue payments to Councils under the following model. Share of revenues will be designed as specified in the contract between each party and whilst fixed income will be shared equally (Annual Contract Payments). The rest is dependent upon the asset profile utilisation generating the profitable revenue to determine the split. 5.4 Key objectives as desired outcomes for this opportunity include - • Accessible to All • EV charging infrastructure is available across the region to all • Comprehensive and reliable • Providing a positive customer experience • Commercially Sustainable • Promotion of network development with high customer service • Equitable and Fair • An equitable tariff for everyone regardless of location • Social Value Enhancing • Delivering wider economic, social and environmental benefits • Successful and Ambitious • By being well-designed, secure and easy to use Item 15. Page 124
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All of the above factors form the structure and content for the tender taken to the market. 5.5 The size and scale of this scope defined that a compliant Procurement process had to be followed to identify a successful bidder through the use of the Scottish Procurement Regulations. From the range of options available, and as this is a first to market scalable opportunity, it required defining through Competitive dialogue and developing through Negotiation. 5.6 Through this route extensive dialogue has occurred which helped to shape the format of delivery and reduce any risk of uncertainty on scope between the parties. Participants during Dialogue included the pre-qualification of no more than 4 bidders, with the Councils representatives on commercial, financial, legal and operations. The Council team entered into a dialogue process lasting several months to help build understanding on the detailed requirements desired and the guarantees that will be needed on network delivery, development plans and operating reliability performance. 5.7 The North of Scotland EV Charging Infrastructure partnership was awarded £6.8m from Transport Scotland as part of the Electric Vehicle Infrastructure Fund (EVIF) to invest in the public EV charging network across the region. This is the largest award made from the fund and was made based on the innovative approach being taken to the market for an increased number of public charge points, adoption of the existing assets on to a new back-office system, and the opportunity for our Private Sector Partner to invest in our fleet infrastructure requirements and into our Gilt-Edged sites. 5.8 It is recognised by the Scottish Government that EV Charging cannot continue to be provided and funded by public sector monies so the EVIF was designed to encourage private sector investment. It is expected that a ratio of 60/40 between Councils and the private sector would be possible in respect of investment share for the public infrastructure provision. 5.9 The North of Scotland EV Charging Infrastructure project has been designed that through the delivery of this project the Councils will benefit from a range of new revenues including fixed income Annual Contract Payments (ACP) and two levels of revenue share (profit sharing and with the potential for super profit sharing) over the 20-year agreement. 5.10 There will be a need for a contract management role to be performed to successfully deliver the Councils’ ambition for an extensive network. It is envisaged that a portion of this ACP will contribute to this Contract Management role to ensure successful outcomes and to commit resource to this partnership over the 20 Years. In addition, there may be occasion when external resource from legal, financial and technical advisers may be needed and the ACP could help to fund this requirement. 5.11 Ultimately there is no cost to the Council for joining in this partnership as Pathfinder 1 is grant funded with Private Sector investment and the Councils will also benefit from future investment in depot infrastructure and at Gilt Edged Sites (see Appendix 1). Furthermore the maintenance and operation of all public chargers will be the Item 15. Page 125
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responsibility of the private partner, removing the burden from the Councils to find budgets for the repair of damaged/inoperable charging infrastructure. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) x Policy and Legal x Financial x Risk x Staffing x Best Value and Transformation x Property x Information Communications Technology/Digital x Equalities. Social Inclusion and Economic Impact X x Climate Change, Biodiversity and Sustainability x 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☒ Build Stronger Greener Vibrant Economy. ☐ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following local Outcomes Improvement Plan priorities: ☒ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☐ Improving wellbeing of our population 6.3 Policy and Legal This procurement process has been assisted by Scottish Futures Trust who, on behalf of the Scottish Government, provided us a with a number of templates to guide us including • Approach to the Lead Authority model, • Approach to the EV partnership creation • Approach to the financial modelling Item 15. Page 126
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The Private Sector Partner (PSP) will be procured using the competitive dialogue procedure under the Public Contracts (Scotland) Regulations 2015. The deadline for submissions was 17 February 2025 and 2 bids were received. Highland Council are the sole counterparty to the service contract; however the other Councils will be required to enter into leases/licences in favour of the PSP, necessary to build out the network. Liabilities will be passed down to the other Councils on a basis to be agreed through an Inter Authority Agreement. 6.4 Financial The financial implications of the project are neutral to the council, with some possibility of positive impact in future years through profit share arrangements from the network. The capital funding for the expansion of the charging network is all Scottish Government grant funded. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments 6.5 Risk Delivering this project will encourage more of a move by the public to EVs; it also presents an opportunity for Fleet Infrastructure at no cost to the Council which helps to meet fleet targets to move from ICE vehicles. Delivering this project will help to meet regulatory compliance in respect of Net Zero. The contract has been agreed on the basis of strict SLAs which allow the Council to penalise for any failure in respect of any support. In respect of risks relating to grid capacity the project team has been working with SSEN and have been given assurances that the majority of the sites identified for chargers will have capacity available. 6.6 Staffing There will be workload during the asset transfer period. The proposed contract terms provide funding that can be utilised to resource this transition. 6.7 Best Value and Transformation The project demonstrates active seeking of partnership solutions to demonstrate best value for public money and new ways of working. 6.8 Property New chargers will be sited on council or Common Good owned land. 6.9 Information Communications/Technology/Digital Item 15. Page 127
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None. 6.10 Equalities, Social Inclusion and Economic Impact An Integrated Impact Assessment has been carried out (Appendix 2), the overall impacts are positive, and any negative impacts can be mitigated. 6.11 Climate Change and Biodiversity Impacts The proposals within this report will support the ongoing focus on climate change and the move to Net Zero and carbon reduction by encouraging the move to Net Zero vehicles at a quicker pace than previously possible, through grant funding from Transport Scotland and private sector investment. 7. CONSULTATION 7.1 This report has been prepared in consultation with the Depute Chief Executive (Economy, Environment and Finance), Head of Environmental and Commercial Services, Chief Financial Officer, HR Manager, Legal Services Manager, Equal Opportunities Officer and L Rowan, Committee Services Officer and any comments made have been considered and incorporated into the report where appropriate. 8. BACKGROUND PAPERS 8.1 Report to ED&I 7.2.23 EV Infrastructure Fund Strategy and Expansion Plan and Appendix Item 15. Page 128
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10-90972594-3\404254-1 Error! Unknown document property name. 1 APPENDIX 1 North of Scotland Electric Vehicle Charging Infrastructure Partnership Aberdeen City, Aberdeenshire, The Highland and Moray Councils (Councils) Combined Pathfinder Initiative Briefing Document Item 15. Page 129
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10-90972594-3\404254-1 Error! Unknown document property name. 2 Table of Contents Table of Contents 2 1. Introduction 3 1.1 Background 3 1.2 The Lead Council and Partner Councils 3 1.3 Project Governance 4 1.4 Project Procurement Team 5 1.5 Indicative Project Timetable 5 2. Project Overview Error! Bookmark not defined. 2.1 Vision Error! Bookmark not defined. 2.2 Key Outcomes Error! Bookmark not defined. 2.3 Transport Scotland Grant Offer Conditions 6 3. Requirements for Existing and Pathfinder 1 EVCI 7 3.1 Existing EVCI 7 3.2 Migration of Existing EVCI 7 3.3 Pathfinder 1 8 4. Requirements Relating To Commercial Growth Opportunities 9 4.1 Right of First Refusal to develop Gilt Edged Sites, Depots and other Council Sites 9 4.2 Gilt-Edged Sites 9 4.3 Depots 10 4.4 Other Council Sites 11 5. Key Commercial Terms 12 5.1 Inter- Authority Arrangements 12 5.2 Expected Key Commercial and Contractual Arrangements 12 5.3 Permitted Development Rights 13 6. Dialogue 13 6.1 General Overview and Objective of the Dialogue 13 6.2 Dialogue Meetings 14 6.3 Invitation to Submit Final Tenders 14 6.4 Programme for Award of the Contract 14 Item 15. Page 130
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10-90972594-3\404254-1 Error! Unknown document property name. 3 0. Introduction Background This Briefing document is intended to inform interested parties about the North of Scotland Electric Vehicle Charging Infrastructure (EVCI) project, in particular the following stakeholder groups • Elected Members • Chief Officers • Net Zero/Climate Change/Carbon Reduction teams • Property & Planning officers • Fleet Managers • Other parties interested in EV usage and carbon reduction o Arms Length organisations affiliated with the Councils e.g. Sport Aberdeen o Other internal and external stakeholders e.g. other public sector organisations o Stakeholders involved in specific locations where there is EVCI opportunity The Councils are carrying out this procurement under the competitive dialogue procedure and are now awaiting Final Submissions from the bidders who were qualified through this procurement process. Dialogue was closed on 4th February 2025 and we now await the final offers from bidders on 17th February 2025 and we look forward to a successful outcome and the appointment of a Private Sector Partner (PSP) to help the Councils deliver on their ambitions to offer EV Charging across the North of Scotland for those who live, work and visit, based on identifying the most economically advantageous tender. The Councils then intend to appoint a Preferred Bidder. The Lead Council and Partner Councils After extensive consideration and consultation with stakeholder groups the recommended structure of this has resulted in Highland Council being the Lead Partner in this collaborative project. "We are honoured to lead the Electric Vehicle Infrastructure Fund - Pathfinder Project, a groundbreaking initiative in the North of Scotland. This project exemplifies the power of collaboration, as we work closely with our neighbouring local authorities to create a comprehensive and accessible EV charging network. Our joint efforts are essential in ensuring a just transition, enhancing Community Wealth, achieving Net Zero targets, and driving Economic Development. By addressing the critical need for expanded charging infrastructure, we are removing significant barriers to electric vehicle adoption. This initiative not only reinforces the Highlands' commitment to sustainability but also sets a new standard for regional cooperation. Together, we are paving the way for a greener, more equitable, and connected future across the Highlands and beyond. " Derek Brown Chief Executive The Highland Council The CPSS was involved in such a model previously, this being the NESS project (Aberdeen City Council as lead with Aberdeenshire and Moray Councils as partners) and this is working well as a practical model in respect of being a collaborative group Item 15. Page 131
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10-90972594-3\404254-1 Error! Unknown document property name. 4 which together managed to leverage the market to secure the best commercial model for the Councils. The Highland Council and Partner Councils (Aberdeen City, Aberdeenshire and Moray Councils) have recognised the mutual benefits to be gained from working together. In addition, the collaborative work we are doing has been highly praised by the Scottish Government and Transport Scotland for our approach to work in partnership towards a Service Concession contract form, through a Project Procurement Team, to procure the appointment of a Private Sector Partner (PSP) to deliver a comprehensive and regionally focused EV charging network. The relationship between the Lead Council and the Partner Councils will be governed by a formal Inter-Authority Agreement (IAA). “We're delighted to be partnering with neighbouring authorities on this flagship programme, the first and largest area to go live in Scotland to date. The synergies between Moray Council's own aims and the Pathfinder Project are significant, so this efficient use of resources is welcome. The project’s key objectives of Community Wealth Building; progression of our Net Zero Journey; and Commercial development align with our own corporate objectives. We know one of the most commonly cited barriers to wider electric vehicle use is lack of charging options. We must remove these barriers to push the sustainable climate agenda on and we're excited to be part of this revolutionary project for, not just Moray, but the whole of the North East and Highlands of Scotland.” John W Mundell OBE, Interim Chief Executive, The Moray Council The commitment to and journey towards net zero is a significant challenge for us all, and one that requires leadership and activity at scale and pace. We are proud to come together as a ground-breaking consortium covering Aberdeenshire, Aberdeen City, Moray and Highland Council areas with this significant investment in our EV charging infrastructure across our diverse urban and rural communities. We are looking for a private sector partner to work with us and co-invest alongside us, a partner who has the same ambition and commitment to net zero, and who has the scale, reach and commitment to work with communities across the North of Scotland as we change our approach to travel and connectivity across the area. Jim Savege, Chief Executive, Aberdeenshire Council Project Governance The Councils have formed a two-tier governance structure which mirrors other projects of this scale and size. • The Steering Board with members from all Councils is empowered to take strategic decisions subject to a requirement to seek review at committee in certain circumstances. • The "front Line" Council team has and will continue to represent the Councils’ during Dialogue meetings before contract award and undertake day to day contract management after contract award, including participation in the Contract Management Team. • The PSP will be expected to attend the Contract Management Team meetings under the Contract as well as providing senior level resource to facilitate agreement on issues which the Contract Management Team have been unable to Item 15. Page 132
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10-90972594-3\404254-1 Error! Unknown document property name. 5 resolve, or which are reserved for discussion between the PSP’s senior representative and Councils’ senior representatives. • The development of business cases for Depot development will be handled directly by the relevant Council. Project Procurement Team A dedicated Project Procurement Team was established to deliver this strategic partnership procurement. Led by a representative from C&PSS, internal Council officers representing all 4 Councils alongside external Financial, Legal and Technical advisors to help with compliance, to gain valuable insights to market best practice and to benefit from specialist EVCI experience. Indicative Project Timetable The team has been extremely ambitious and as a result, the North of Scotland Project is the first to market, will be the first to appoint a Commercial Partner and the first to benefit from the EVIF in practice. We have followed a regulated compliance timetable with milestones which was dependent on the chosen procurement route – competitive dialogue - taken to market. We are now close to receiving final bids and carrying out a robust evaluation of the bids based on pre-determined criteria, to lead us to Preferred bidder stage, Contract Award and on to Deployment of Pathfinder 1 and migration of the existing infrastructure estate. It is likely that Contract Award will be formalised in May 2025. 1. EVCI Overview 2. Vision The Councils' Project Vision is to sustain and grow a comprehensive and regionally focussed EV charging network that is reliable, open to all and fairly priced and that will accelerate the region’s transition to Net Zero 2.2 Key Outcomes To deliver the vision, the Councils aim to appoint a PSP to deliver and operate an EVCI network that delivers against the following Council Required Outcomes • Accessible to All • Comprehensive and Reliable 3. Commercially Sustainable 4. Equitable and Fair 5. Social Value Enhancing 6. Successful and Ambitious Full details of what these key outcomes mean are shown within APPENDIX 1. To achieve this EVCI vision, certain key delivery requirements were identified through stakeholder and market engagement and it is envisaged that these requirements would apply for the duration of the Contract of 20 years. 7. To enable EV market evolution to meet the key milestones set by the Scottish Government and UK Governments in respect of the phase out of petrol and diesel engines by 2030. 8. To encourage maximum funding and investment from a commercial partner where the payback period is longer thus having a direct impact on investments and revenue share. Item 15. Page 133
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10-90972594-3\404254-1 Error! Unknown document property name. 6 9. To allow us to develop extensive EVCI which is private sector funded in the main, supplemented by funding as it may become available. 10. To encourage innovation in technology and benefit from advancing ideas as the market develops and new infrastructure options are brought to market 11. To allow the PSP an opportunity for a replacement cycle that still allows Return on Investment/payback for them whilst not penalising the Councils financially through short timescales, whilst benefitting the Councils by the regular planned installation of new chargers Transport Scotland Grant Offer Conditions The Scottish Government announced a fund of £30m available to Scottish Councils under the Electric Vehicle Infrastructure Fund (EVIF), administered by Transport Scotland. The North of Scotland Councils have been awarded an amount of up to £6,480,923 to be made available to the PSP to invest in the development of the Pathfinder 1 Network before 31 March 2028. As a collaborative group, we secured the highest grant award in Scotland and it’s been confirmed that this was due to our collaborative approach, and our innovative market offering, alongside the stakeholder engagement across other public sector organisations to create a market to reduce duplication in public sector spend as well as being market leading. We are first to go to market and Transport Scotland/Scottish Futures Trust have supported us all the way and have commented positively on this ground-breaking approach and are holding this up as an exemplar project. In addition, we have been advising other Councils across Scotland on our approach, and it is expected that others may follow a similar procurement process. Transport Scotland's expected project outcomes from the provision of the Grant Funding include: The leveraging of private sector investment on Pathfinder 1 to help meet the aims of the project – this is a good opportunity for the PSP to rollout their network across the North whilst the Councils benefit from the private sector cash injection to develop at scale and at speed and make it a success for everyone across the North of Scotland The transition of the Existing EVCI from the CPS network back office by no later than December 2025 when CPS is being switched off. To ensure a fair, sustainable and enabling tariff so that no one is disadvantaged due to where they live, work or visit across the North of Scotland Item 15. Page 134
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10-90972594-3\404254-1 Error! Unknown document property name. 7 APPENDIX 3 - Requirements for Existing and Pathfinder 1 EVCI Existing EVCI The Councils currently own a portfolio of publicly funded EVCI, provided by the Scottish Government, which has been in operation for varying durations. Under the Contract this EVCI will be taken over by the PSP. The Existing EVCI are currently managed on the following basis: • Owned by the Councils; • Operated, including management of customer relationships and back-office, under the ChargePlace Scotland brand by SWARCO Smart Charging Limited (“SWARCO”) on behalf of Transport Scotland; and • The Councils are responsible for EVCI maintenance. Maintenance contracts are in place with SWARCO. The Councils expect the PSP to prioritise migrating Existing EVCI post-contract award, integrating it into their back-office system through a comprehensive migration and adoption plan. Migration of Existing EVCI Successful migration of the Existing EVCI will depend on careful planning and execution of a number of different migration workstreams. The Councils therefore require a PSP with strong capability and experience of delivering EVCI migration. Back-Office As stipulated by the Transport Scotland Grant Funding conditions, the migration of the Existing EVCI to the PSP’s back-office system must be completed by December 2025. According to the current timetable, this allows 7 months from contract award for the migration process. However, Bidders will note that CPS recommend 3 months as being the optimum period for migration of Exiting EVCI onto the PSP’s back-office system. The Councils acknowledge that previous migrations of EVCI between back-office systems have encountered technical challenges. Accordingly, developing a robust process to ensure the successful migration of the existing EVCI has been a critical focus. Bidders were requested to include in their Draft Submissions a detailed analysis of the key risks associated with back-office migration and their proposed risk mitigation strategies. This also included any specific actions or information required from SWARCO . SWARCO, under a contract with Transport Scotland, will prepare an Exit Management Plan. To ensure this plan is comprehensive and effective, Bidders had to provide the Councils with detailed information on any actions or information needed from SWARCO and in particular a detailed commentary on the terms of the CPS Network Transition Policy in their Draft Submissions and Final Tenders. Maintenance Existing EVCI are maintained under Council agreed support contracts, which includes SWARCO. The Councils expect responsibility for maintenance of the Existing EVCI to transfer across to the PSP on the same day as the Existing EVCI is migrated across to the PSP Back-office. Programme Item 15. Page 135
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10-90972594-3\404254-1 Error! Unknown document property name. 8 CPS will be responsible for orderly decommissioning the Existing EVCI from their systems and providing the necessary information and data to facilitate a smooth transition. This will involve a carefully managed, phased approach to avoid complications associated with a 'big bang' transition. The Councils envisage a staged migration where Existing EVCI assets are transitioned in small batches. Each batch will be swapped to the new back-office system, tested, and verified before proceeding with the next batch. Both the Councils and Transport Scotland will need to confirm that each of the Existing EVCI units is fully operational and stable before confirming that migration is completed. Current CPS Customer and Management Information It is important to note that no membership or user data will be migrated from the CPS Back Office. The PSP will face complex and potentially challenging technical tasks during this process, and it is recognised that only the PSP can fully identify and manage the associated risks. Transport Scotland will require that SWARCO provides guidance and facilitates the exchange of information to help the PSP assess the Existing EVCI and anticipate potential challenges. Communications Strategy In addition, and with regards to supporting Existing EVCI users during transition, the latest guidance from Transport Scotland concerning customer migration is that a Communications Strategy will be agreed with Transport Scotland, which Transport Scotland will be responsible for implementing in terms of making contact with existing registered charge point customers. A tri-party communications team will be formed comprising the PSP, the Councils' representatives and Transport Scotland to develop this Communications Strategy, draft and approve communications content which Transport Scotland will then send by email to these existing customers to help enable the transition from current CPS to the PSP. Financial The Councils expect that no financial assets or liabilities will transfer upon migration of Existing EVCI. Pathfinder 1 The grant funding available from Transport Scotland is only applicable to delivery of Pathfinder 1 EVCI. The grant funding requires that EVCI must be installed and commissioned by the end of March 2028. Bidders were provided with the EVCI to be delivered under Pathfinder 1, based on a study completed by Urban Foresight looking at future projections for the use of EVs across the North of Scotland. All the Pathfinder 1 EVCI that are not 'on-street' are expected to be installed on land owned by the Councils that shall be made available to the PSP. The Councils will seek to agree an optimised Pathfinder 1 Network with Bidders which will then be contractualised in the Network Deployment Plan. As a minimum, Bidders are required to propose a comprehensive network across the Region that delivers a core public EVCI provision that will meet the needs of communities and ensure that all EV drivers in the Region can travel using an EV without being limited by access to a public EVCI network. A mix of public and private sector funding must be used to install and commission such network. The mix of EVCI must deliver an appropriate: Regional split between the four Administrative Areas; Spread across rural, semi-urban and urban areas; Distribution of locations including hub, off-street and on-street; and Item 15. Page 136
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Power output for the charging requirement.
The Councils’ priorities for the Pathfinder 1 Network are reflected in the weightings
allocated to each of the EV chargepoints. Additional Network Suitability Points are
awarded for EVCI in rural locations and with higher power outputs. Bidders who commit
to delivering in rural locations and higher power outputs will score higher than those
who do not.
Initial work undertaken indicates that the total delivery cost of Pathfinder 1 is estimated
at around £11m. To support the delivery of Pathfinder 1, up to circa £6.48m of Transport
Scotland Grant Funding is available for expenditure incurred by the end of March 2028.
The Councils made available information in relation to grid capacity and potential grid
connection costs through close working with SSEN to help inform an appropriate
approach to the management and allocation of risk in respect of grid connection cost.
The Councils recognise that some sites might become unviable during the contract
period due to various factors such as electrical supply capacity and cost, and the
proximity of new privately funded infrastructure. To address this, the Contract
Management Team will permit the PSP to propose alternative sites within the same
region, of the same type, power output, and rurality for approval. This is intended to give
the PSP flexibility to adapt based on factors that may only emerge after detailed site
assessments are undertaken.
APPENDIX 4 - Requirements Relating To Commercial Growth Opportunities
Right of First Refusal to develop Gilt Edged Sites, Depots and other Council Sites
The Councils wish to work in partnership with the PSP to develop a resilient and robust
EV network across the Region.
Acknowledging the PSP's commitment to developing the North of Scotland Network the
Contract includes a right of first refusal ("ROFR") in relation to the development of EVCI
on GES, depots and other Council owned sites in certain circumstances. Further details
of how the ROFR will apply to the Gilt-Edged Sites, Depots and Other Council Sites is
set out below.
Gilt-Edged Sites
Bidders have the opportunity to commit to install EVCI at some or all of the Gilt-Edged
Sites in their Final Tenders provided they commit to the principle that installation works
are completed by agreed "Planned Commissioning Dates". It is entirely at Bidders'
discretion whether they wish to make any commitments to install EVCI at GES.
All EVCI installed at Gilt Edged Sites will form part of the North of Scotland Network and
will be subject to the same commercial terms (e.g. revenue sharing) as existing and
Pathfinder 1 EVCI.
To match commitments made by Bidders in their Final Tenders, the Councils will not
allow third parties to install EVCI at the Gilt-Edged Sites included in the Network
Deployment Plan, provided the PSP carries out the relevant Site Assessments by no
later than 24 months after the date of the Contract and completes commissioning by no
later than 48 months after the date of the Contract. If Site Assessments and/or
Commissioning have not be completed by the longstop dates, the Councils will be
permitted to allow third parties to install EVCI at those sites. The PSP will retain a ROFR
over other Gilt-Edged Sites in accordance with the same terms which apply to all
Council-owned Sites.
Item 15.
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10-90972594-3\404254-1 Error! Unknown document property name. 10 A feasibility study for a test case GES site has been developed for TECA. As part of their Final Tender, Bidders will be required to respond to this test case by submitting their approach to the development of a GES development plan to optimise the commercial benefits for this site. As an additional test case, the Councils have identified a potential new Gilt-Edged Site at the Corran Ferry in Highland, which serves 270,000 vehicles annually. As part of their Final Tender, Bidders will be required to submit their methodology for evaluating this site and developing a business case. The goal is to establish a standardised approach that can be applied to future GES sites. How new GES will be identified during the life of the contract- This process can occur in one of two ways: 1. Contract Management Team: At the annual Contract anniversary meeting, the Contract Management Team will provide an updated list of potential GES sites for the PSP to consider. This list will be based on a standardised proforma developed during Dialogue. 2. PSP: Alternatively, at the same meeting, the PSP may present its own list of potential GES sites to the Councils, using the agreed-upon proforma. When the PSP identifies several sites, the Contract Management Team will review and assess these lists. They will make a preliminary decision based on the Council's long- term asset plan for the proposed GES locations. If there are no strategic barriers—such as asset disposal plans, major changes in use, restrictions due to site grant funding, conflicts with other local operations, or reputational risks—the proposed GES will advance through the Business Case development stage by the PSP. Initial Gilt-Edged Sites in Final Tenders In developing their proposal for the development of GES as part of their Final Tender, the PSP will have the opportunity to start with a clean slate, exploring all potential avenues for revenue and profit generation. It is important to note that the Councils will not be contributing capital to the development of GES identified in Bidder's Final Tenders. However, in the future there may be circumstances in which the Councils will be able to consider investment if it is demonstrated that Council investment could overcome any barriers to investment and enhance profit-sharing arrangements, benefiting both parties through a shared contribution. The Councils will be expected to utilise their revenue share income for this. What happens if a GES does not or cannot progress- The Councils are not obligated to agree a Business Case for proposed GES if it does not demonstrate value for money for the locations and assets involved. Should the PSP fail to develop the GES in accordance with the Business Case or if the Business Case is rejected on the grounds that the proposal does not represent value for money the Councils will be free to pursue alternative solutions with third parties without further involvement from the PSP. Depots The Councils manage extensive fleets based within Council-owned depot sites distributed across their respective Administrative Areas. Like other Councils across Scotland, the Councils are committed to decarbonising their fleet operations, potentially through electrification. This transition necessitates the assessment, implementation, and operation of charging infrastructure at these depot sites to effectively support electric vehicles. The Councils currently lack access to public grant funding for the capital costs associated with establishing EVCI at depot locations. Consequently, the Councils are Item 15. Page 138
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10-90972594-3\404254-1 Error! Unknown document property name. 11 seeking solutions that do not rely on such funding but include a robust business case and process that can be evaluated for value for money. It is also anticipated that, in addition to serving Council fleet users, the new proposed Depot EVCI will generate additional revenue by offering their services to local private sector fleets through agreements like offtake commitment contracts. The Councils’ expectation is that EVCI installed by the PSP in Depots under this Contract, which cannot be used by the general public, will not be subject to the same commercial terms (e.g. revenue sharing) as public EVCI on the North of Scotland Network. The overall Depot objective for the Councils is that these sites can be developed with no Council or grant investment, that the Business Case sets out a clear lower total cost of provision for fleet mileage compared to present. If, after thorough review and discussion, the Councils is unable to reach an agreement on the Business Case, it reserves the right to explore and pursue alternative solutions independent of the PSP. Other Council Sites In addition to GES, the Councils possess significant other land assets that can be proposed for future EVCI locations, including hubs, roadside stations, or a mix of AC/DC chargers. These developments are expected to proceed without grant or Council investment. The process and approach for these sites will mirror that of GES, allowing either party to propose new locations once per year. Following these proposals, a detailed mini- business case will be developed for consideration and review. If value for money cannot be established and the Council identifies unresolved issues without acceptable solutions from the PSP, these locations will become open to alternative solutions beyond the PSP. An advantage for the PSP is that these locations will be made available at no cost up to the same end date as the Contract and will form part of the North of Scotland EV Network. Item 15. Page 139
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10-90972594-3\404254-1 Error! Unknown document property name. 12 12. Key Commercial Terms 12.0 Inter- Authority Arrangements The Councils have entered into a joint working agreement under section 56 of the Local Government (Scotland) Act 1973, under which the Partner Councils have agreed that their functions in relation to the procurement and the operation of the North of Scotland EV network shall be discharged by the Highland Council as Lead Council. The Lead Council will enter into the Contract with the PSP. The Contract will include an obligation on the Lead Council to procure that the Partner Councils grant any rights over land required in order to allow the PSP to develop the North of Scotland EV network. Expected Key Commercial and Contractual Arrangements In developing the Contract, the Councils have given consideration to the key principles set out in the Top 10 Commercial Considerations for Local Authorities for EV Infrastructure Service Contracts published by Scottish Futures Trust (SFT) in January 2024. However, the Contract has also been developed to deal with the specific requirements for the development of the North of Scotland EV Network. Key commercial terms set out in the Contract include: a. The term of the Contract will be 20 years. b. The PSP shall be entitled to set tariffs for use of the network by the public that are on a commercial basis in line with reasonable market norms. The Contract includes a six monthly market review provision to ensure tariffs are fair and sustainable but with an expectation and acceptance that: (i) public tariffs related to chargers with different power outputs will need to be priced differently; and (ii) users will pay the same tariff for the same charging speed across the whole Region. c. The PSP shall be required to bid-back a profile of ACPs to the Councils to be paid over the term of the Contract to reflect the estimated value of the Contract. These payments are anticipated to be bid back at Final Tender and shall be subject to a floor that is anticipated to be around £100k p.a. per Council in the first year of the Contract (£400k p.a. in total) to cover the Councils’ costs of administering the Contract. This floor is subject to escalation at a fixed rate of 2% per year. No upfront payment or consideration for the transfer of the Existing EVCI is envisaged. It is anticipated that there will be an initial "grace period" whilst the Existing EVCI is being migrated onto the PSP's back-office. The length of the grace period will be discussed as part of the final bid process. d. The Councils shall be entitled to share in the financial success of the Contract, through a revenue sharing mechanism. The revenue share mechanism operates on a cumulative basis so that PSP losses in earlier periods are set off against required sharing of revenue in later periods. The Contract also includes protections in the payment mechanism to avoid overcompensation of the PSP. e. Any payments related to EVCI in Depots that are not accessible to the general public will be kept separate from payments relating to the rest of the public EVCI network and will not be subject to the same revenue sharing arrangements as for public EVCI in the North of Scotland Network. Item 15. Page 140
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10-90972594-3\404254-1 Error! Unknown document property name. 13 f. Payment of Grant Funding to the PSP will be subject to controls to incentivise efficient and timely delivery of commitments under the Contract. Bidders had to note that it is a requirement of the Grant Funding Offer that EVCI installation and commissioning is co-financed by private and public sector investment. To ensure private sector investment is employed the PSP's entitlement to recover Actual Qualifying Expenditure incurred against each relevant milestone is capped at the expected public sector contribution percentage for that milestone. g. The PSP will be subject to contractual KPIs and associated remedies for service delivery and performance (such as the availability of EVCI). h. Bidders are not required to include any GES in their tenders. Any GES not included in the PSP's tenders may be developed at a later stage. However, the PSP will be required to complete site assessments for all GES included in their tenders (Initial Gilt Edged CPI) within 24 months of the date of the Contract. Commissioning of all Initial Gilt Edged CPI should occur no later than 48 months after the date of the Contract. After that date the Councils are permitted to offer the relevant Initial Gilt Edged Sites to third parties for development. i. Under certain circumstances the PSP will be able to amend the Network Deployment Plan following Site Assessments. The process provides the PSP with flexibility in relation to the precise location of EVCI in circumstances where a "Site Assessment Assumption Event" has been identified during the Site Assessment. The PSP will be permitted to change the Network Deployment Plan to cater for the Site Assessment Assumption Event provided after the change the Network Deployment Plan continues to deliver: i. the same Network Profile in terms of rural and power coverage (Network Profile); and ii. a comprehensive network across the Region. j. Any re-profiling of the Grant as a result of a change to the Network Deployment Plan will have to be agreed with Scottish Ministers. k. Termination rights have been included, together with compensation where the Contract is terminated on Authority Default or for convenience. If the contract terminates on grounds of PSP default the Authority will expect to be able to recover its costs as a result of the termination. l. The PSP and the Councils will form a Contract Management Team as the forum for discussion and development of the network. m. The Contract will include provisions allowing for the development of business cases for the rollout of EVCI at the Councils' depots and other Council sites owned by the Council during the Contract. Permitted Development Rights On the Council owed sites that the PSP wishes to develop, the Councils will make these locations available as long as there is no infringement of planning regulations or in cases where each Council is itself reviewing the site for future development/disposal etc. and where a business case is required that this passes approval. 13. Dialogue General Overview and Objective of the Dialogue Item 15. Page 141
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10-90972594-3\404254-1 Error! Unknown document property name. 14 As provided for in the Regulations, the competitive dialogue procedure enables the Councils to engage in Dialogue with each Bidder with the intention of identifying and defining solutions for the delivery of the Project which satisfy the Project Outcomes and requirements. The success of the Project will largely depend on a constructive approach being adopted by both the Bidders and the Councils. The Councils were committed to meaningful Dialogue with Bidders during this period and expected Bidders to make the same commitment. Dialogue Meetings The Councils held an introductory Dialogue meeting followed by three main Dialogue meetings with each Bidder. The three main Dialogue meetings took place after Bidders had submitted their Draft Submissions. Between these sessions, the Councils took part in smaller, more focussed Dialogue meetings aimed at resolving specific issues arising from the main Dialogue meetings. The key objective for the Dialogue was to reach agreement with Bidders on all key aspects of the Bidders’ proposals including establishing the key commercial terms upon which Bidders would be willing to contract, the network deployment plan and to understand all key aspects of a Bidder's solution and deliverability against the Councils' requirements and requirements of the Project prior to the submission of Final Tenders. The aim was to provide confidence and assurance to both Bidders and to the Councils that the Final Tenders will meet the Project Outcomes and requirements. The Councils acknowledge this is a pathfinder project. They therefore expected to work collaboratively with Bidders to better understand current market parameters, expectations and what the market can provide. These discussions influenced the ultimate delivery requirements of the Project as well as the commercial and contractual terms of the Contract. Dialogue sessions were held in person and virtually using Microsoft Teams. The initial dialogue session and the final dialogue session were held in Inverness at Highland Council HQ, the second dialogue session was held in Aberdeen at the offices of Aberdeen City Council HQ and at PWC offices. Invitation to Submit Final Tenders Following completion of Dialogue, the Councils closed Dialogue on 4th February 2025 and issued the ISFT. In the period following selection of the Preferred Bidder, the Councils may negotiate with the Preferred Bidder to confirm financial commitments or other terms contained in its Final Tender, providing such negotiation and finalisation does not involve changes to the essential aspects of the Final Tender or the procurement where such changes are likely to distort competition or cause discrimination. Programme for Award of the Contract The Councils expect to award the Contract in line with the Indicative Project Timetable provided in Section 1.5 above. Item 15. Page 142
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APPENDIX 1 - EVCI Overview Vision Scotland is on a journey to Net Zero with this being a driving force behind policy at both a national and local level. The Councils' Project Vision is to sustain and grow a comprehensive and regionally focussed EV charging network that is reliable, open to all and fairly priced and that will accelerate the region’s transition to Net Zero. Key Outcomes To deliver the vision, the Councils aim to appoint a PSP to deliver and operate an EVCI network that delivers against the following Council Required Outcomes to achieve this vision: • Accessible to All • Comprehensive and Reliable • Commercially Sustainable • Equitable and Fair • Social Value Enhancing • Successful and Ambitious PROJECT OUTCOMES DESCRIPTION Accessible to All By ensuring that: the design, layout, and implementation of EVCI in designated accessible bays adheres to the provisions set out in PAS 1899; locations with a low proportion of off-street parking are prioritised for public EVCI; and EVCI is available across the Region, including in remote or less densely populated areas. Comprehensive & Reliable Provides a positive customer experience for network users across the region by delivering against the KPIs for: charge point reliability; high priority faults; and planned maintenance. Commercially sustainable By offering: A commercial approach that promotes network development and attracts private investment to the Region; A delivery and operational structure with an appropriate allocation of risk and reward to the PSP; and Commercial focus on sustaining high levels of customer service. Equitable & Fair By providing: an equitable tariff for everyone who lives, works and visits the area; and utilising high turnover urban sites to cross subsidise more remote rural locations. Social value enhancing By delivering wider economic, social and environmental benefits: The PSP will be expected to quantify and ultimately deliver against any wider social benefits that they can offer as part of this Contract; and Item 15. Page 143
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whether the siting of EVCI can provide links to more sustainable and active travel options such as train and bus routes. Successful & ambitious By delivering a network that is: Well-designed and easy to use; Secure; and Transparent – in terms of open data standards. Item 15. Page 144
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APPENDIX 2 – EVCI Requirements of the PSP
A summary of the key requirements of the PSP are set out below.
KEY
REQUIREMENT
PSP SCOPE & VALUE ADDED SOUGHT
Requirement 1:
Transition and
Maintain Existing
EVCI Network
The PSP must adopt all existing Council owned EVCI connected
to CPS or currently planned to be connected to it ("Existing
EVCI"). The Existing EVCI shall transfer to the PSP. All Existing
EVCI locations are expected to be served for the duration of the
Contract with removal of Existing EVCI subject to Council
approval.
Under the terms of the Grant Offer, the PSP is not permitted to
replace any EVCI (including Existing EVCI) that have been publicly
funded, earlier than 4 years and 6 months after the date of initial
commissioning unless approved by Transport Scotland.
The PSP shall ensure that consumer experience is fully
considered and managed through the installation of new EVCI
and the transition away from the existing ChargePlace Scotland
back office, including how to enable an appropriate level of
coordination in terms of consumer experience when using the
public EVCI network with other local authorities and private
sector EVCI operators.
The PSP will be obliged to operate and maintain the public
network in line with agreed service KPIs for the duration of the
Contract (e.g. availability, state of repair).
The PSP will be obliged to operate and maintain the private
network for the first 3 years of the contract.
The PSP may charge tariffs on a commercial basis in line with
reasonable market norms and shall be subject to benchmarking
provisions to ensure they are fair and reasonable but with an
expectation and acceptance that: (i) public tariffs related to fast
and rapid chargers would need to be priced differently; and (ii)
users will pay the same tariff for the same charging speed across
the whole Region. It is recognised that this may need to be
implemented in a phased manner.
Once the Contract has ended, the Councils will own the EVCI
asset and provisions for the hand back of assets in good working
order shall apply.
Requirement 2:
Initial Expansion
of Existing
Network
(Pathfinder 1)
The Councils have identified a preferred expansion plan to deliver
their vision for the Project for public EVCI called Pathfinder 1.
Bidders were provided with an Asset Register of EVCI to be
delivered under Pathfinder 1, alongside associated sites owned
by the Councils where each EVCI could be installed (there may be
multiple EVCI on a single site).
All of the Pathfinder 1 EVCI are expected to be installed on land
owned by the Councils that shall be made available to the PSP.
The Councils sought to agree an optimised Pathfinder 1 Network
with Bidders during Dialogue. As a minimum, Bidders will be
Item 15.
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required to propose a comprehensive network across the Region that delivers a core public EVCI provision that will meet the needs of communities and ensure that all EV drivers in the Region can travel using an EV without being limited by access to a public EVCI network. A mix of public and private sector funding must be used to install and commission such network. Bidders who commit to delivering EVCI in rural locations or with higher power outputs will score a higher amount of Network Suitability Points in the evaluation process than those who do not. Initial work undertaken indicates that the total delivery cost of Pathfinder 1 is estimated at around £11m. To support the delivery of Pathfinder 1, up to circa £6.48m of Transport Scotland Grant Funding is available for expenditure incurred by 31 March 2028. The Councils made available information in relation to grid capacity and potential grid connection costs (SSE provided quotes for 570 charging sites) to help with financial modelling. Requirement 3: Value added use of Council assets to maximise commercial opportunities to grow the network and deliver a financial return to the Councils In order to support the sustainable growth, operation and lifecycle replacement of the Existing EVCI and Pathfinder 1 Network and to deliver value to the Councils from effective use of their land assets, the PSP shall be offered a range of opportunities to further develop the network on a commercial basis during the Contract period. This includes: Access to Council Sites including Gilt-Edged Sites Access to Councils’ land for the installation of EVCI beyond the expansion envisaged under Pathfinder 1. This includes a range of strategically important and/or high traffic sites where there is limited or no EVCI but high development potential. These are referred to as Gilt-Edged Sites (GES) and feature high throughput of traffic, longer dwell times or align to wider strategic development plans. Examples of GES locations include the exhibition complex in Aberdeen (TECA), which hosts a range of exhibitions, concerts and conferences and the Old Man of Storr which is one of the tourist/visitor locations owned by the Councils. Council Depot & Fleet Transition The Councils have ambitious plans to transition their vehicle fleets to low/zero emission vehicles. As part of its land holdings, the Councils own a range of fleet depots and office sites which they are willing to make available to the PSP to support the installation of EVCI. The Councils’ combined fleet is significant and has the potential to offer a consistent and predictable level of utilisation and income for the PSP. Item 15. Page 146
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The installation of EVCI to support Pathfinder 2 does not currently have a public funding solution and, subject to the PSP providing a business case, the opportunity exists to explore a privately financed solution with the PSP. The Councils are open to exploring with the PSP opportunities to allow other commercial and public sector bodies an ability to utilise EVCI at the Council Depots when they are not in use (e.g. through a booking system). Wider Opportunities The Councils are open to proposals from the PSP in relation to wider opportunities to maximise revenue in EVCI locations through selling advertising space or similar, new and innovative revenue streams; a range of branding and co-branding opportunities for the installed EVCI Council Value Sharing In exchange for making its assets and services available to the PSP, the Councils wish to share in the financial success of the activities developed by the PSP. This is reflected in the commercial design of the Contract, which includes Annual Contract Payments and revenue sharing. Requirement 4: General Requirements The PSP will be responsible for providing all back-office functionality required to allow the PSP to effectively manage billing, registration and subscription of customers and support of all EVCI and migration of the Existing EVCI from CPS. Reporting on EVCI availability etc. Hand back at the end of the Contract Participation in the Contract Management Team. Business case development for additional sites and Council depots. Requirement 5: Deliver Community Benefits To deliver a wide range of community benefits which may include benefits related to the following themes: Education; employability and skills training. Communities, community groups and community projects. Local Economic Development Measures. Environment. Fair Work. Prompt Payment in the Supply Chain. Access appropriate skills and capacity within the private sector, identifying appropriate opportunities to develop skills and support the creation of high-quality green jobs within the Region. 1. Item 15. Page 147
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To formalise community benefit proposals into a community benefits charter, with potential reimbursement for non-delivery of benefits. Where existing EVCI previously funded by Scottish Ministers are removed from the public EVCI network, and are considered to be within their economic life and fully operational, the PSP should: make the charging equipment available for placement within community spaces where appropriate and viable; make the charging equipment available for use by the wider public sector; or make the charging equipment available for another purpose as agreed by Scottish Ministers. Item 15. Page 148
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Appendix 2 INTEGRATED IMPACT ASSESSMENT COVERING • EQUALITIES & SOCIO ECONOMIC DUTIES • HUMAN RIGHTS AND RIGHTS OF THE CHILD DATE UPDATES/EXECUTIVE SUMMARY VERSION DETAILS Insert Date (e.g. 03/10/2023) Add brief notes/highlight which section amended (e.g. first draft of IIA completed and submitted to SFC 25/10/2023 for consideration; noting that further work on Stage 2 will be required). Insert (ShP) Version Info (when details have been agreed) (e.g. 5.0 03/10/2023 11:21 AMcL) 12/03/2025 First draft IIA to support report to ED&I Committee 29.01.25 for consideration. 21/03/25 EO suggested revisions STAGE 1 - DO I NEED AN INTEGRATED IMPACT ASSESSMENT? Name of policy or proposal: North of Scotland Electric Vehicle Charging Infrastructure – Procurement of Private Sector Partner Is this a Mark X below New activity, programme or policy? Change to an existing activity, programme or policy? X Budget proposal? Duties: tick the boxes you think apply No Maybe Yes Equalities: Will your proposal have an impact on groups with protected characteristics? Consider the impact of your proposal on people and how they access your services and information without barriers. X Socio-economic Not every person/family has access to regular income or savings. Will your proposal have an adverse impact on them X Does your proposal impact on the human rights of people? X Does your proposal impact on the rights of children and young people X Reasoning Briefly describe your reasoning for the responses given above: Users of publicly available EV chargers can include persons with impaired mobility and EV drivers without off street parking at their properties. This group of drivers do not benefit from lower domestic electricity prices and may include persons without a regular income. There is no impact on Human Rights but some impact on the Rights of Children. If you have answered “maybe” or “yes” to any of the Stage 1 questions above then proceed to complete the Stage 2 Integrated Impact Assessment questions below. Item 15. Page 149
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If you have answered “no” to the Stage 1 questions above then provide the details below and submit to [email] Lead Officer for developing the contract Other people involved in the screening (this may be council staff, partners or others i.e. contractor or community) Date Item 15. Page 150
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STAGE 2: INTEGRATED IMPACT ASSESSMENT Brief description of the affected service 1. Describe what the service does: The service provides publicly available EV chargers. The change is in the operation of these chargers which would be by a private party, the determination of which has been the subject of an extensive procurement exercise, of which Moray Council are a partner. Existing EV chargers will continue to be available and the EC charging network will be significantly expanded over the next three years – providing access to a wider population including remote rural areas. 2. Who are your main stakeholders? Members of the public who drive Electric Vehicles. Users of the public realm where new EV chargers may be introduced. 3. What changes as a result of the proposals? Is the service reduced or removed? n/a service will remain and will cover a wider geographical area but will be operated by a private partner. 4. How will this affect your customers? The introduction of EV chargers can cause obstructions to persons with impaired mobility and vision. Customers will interact with private company but will be able to access a wider range of EV chargers, covering a larger geographical area. 5. Impact on staff providing the service None. 6. Please indicate if these apply to any of the protected characteristics Protected groups Potential impacts and considerations Race n/a Disability Potential negative impact - EV chargers can be challenging for persons with impaired mobility to use. Distance travelled for use if don’t have off street parking at home may also have an impact. Carers (for elderly, disabled or minors) Potential impact – carers of young children with disabilities may also be affected Sex n/a Pregnancy and maternity (including breastfeeding) n/a Sexual orientation n/a Age (include children, young people, midlife and older people) n/a Religion, and or belief n/a Gender reassignment n/a Inequalities arising from socio- economic differences Potential negative impact - EV drivers without off-street parking are reliant on publicly available EV chargers and their fees. Disabled groups generally tend to have less disposable income than non-disabled groups which can lead to potential socio-economic issues. Human rights Item 15. Page 151
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List of convention rights Describe, where applicable, if and how specific rights are engaged Article 5: Right to liberty and security n/a Article 6: Right to a fair trial n/a Article 8: Right to respect for private and family life, correspondence and the home n/a Article 10: Freedom of expression n/a Article 11: Freedom of assembly and association n/a Article 12: Right to marry n/a Article 14: Prohibition of discrimination (in relation to the convention rights) n/a Article 1 of Protocol 1: Protection of property n/a Article 2 of Protocol 1: Right to education n/a Article 3 of Protocol 1: Right to free elections by secret ballot n/a Children’s Rights and Wellbeing Relevant articles – UNCRC Article 2 – Non discrimination Respect rights of the child without discrimination irrespective of disability. Potential impact Article 23 – Children with a disability Includes promoting self-reliance, facilitate child’s active participation in community, resources, access to all service required to achieve fullest possible social integration, individual development. Potential impact 7. Evidence. What information have you used to make your assessment? Performance data Internal consultation Consultation with affected groups Local statistics National statistics Other 8. Evidence gaps Do you need additional information in order to complete the information in the previous questions? No 9. Mitigating action Can the impact of the proposed policy/activity be mitigated? Please explain Item 15. Page 152
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The draft contract includes clauses around the provision of accessible EV charging infrastructure which seeks to meet the guidance for new EV Chargers, PAS1899:2022 Electric Vehicles Accessible Charging Specification which sets out best practice for ensuring that the needs of disabled persons are taken into account. This guidance is to be followed by the private partner when providing new, or upgrading existing, EV chargers. to ensure that the needs of persons with mobility and visual impairments are taken into account through the design, siting and provision of the EV charging equipment. The draft contract for the partnership includes clauses which: • seek to ensure that PAS 1889:2022 is followed; and • retain the oversight of the consortium of council’s when it comes to the setting of tariffs and ensuring that new chargers are located equitably across geographical areas. Whilst the network will be operated by a private partner, the consortium of local authorities remains involved in the setting of tariffs and the expansion of the network and will seek to ensure equity across user groups 10. Justification If nothing can be done to reduce the negative impact(s) but the proposed policy/activity must go ahead, what justification is there to continue with the change? The proposed change will provide a wider range of EV chargers, covering a larger geographical area with enhanced accessibility and affordability, dependent on the mitigations in Section 9 above being implemented. Item 15. Page 153
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SECTION 3 CONCLUDING THE IIA Concluding the IIA 1. No potential negative impacts on any of the protected groups were found. 2. Some potential negative impacts have been identified. The impacts relate to: X Reducing discrimination, harassment, victimisation or other conduct prohibited under the Equality Act 2010 X Promoting equality of opportunity Fostering good relations 3. The proposals interfere with human rights and/or the rights of the child X 4. Negative impacts can be mitigated in the proposals as outlined in question 9. X 5. The negative impacts cannot be fully mitigated but are justified as outlined in question 10. 6. Further consultation with affected groups is needed. 7. It is advised not to go ahead with the proposals. Decision – Please set out the rationale for deciding whether or not to proceed with the proposed actions: A decision will be made by ED&I Committee on the 29 April 2025. Should the committee decide to go ahead with the proposal, the procurement process, including the draft contract, has sought to ensure that the needs of persons with protected characteristics are considered and that there is no adverse impact on the identified groups. Date of Decision: 18 March 2025 Sign off and authorisation: Service Transportation Department Economic and Commercial Services Policy/activity subject to IIA We have completed the integrated impact assessment for this policy/activity. Name: Diane Anderson Position: Senior Engineer Transportation Date: 18 March 2025 Authorisation by head of service Name: Nicola Moss Position: Head of Environmental and Commercial Services Date: 28 March 2025 Permission to publish on website - Please return this form to the Equal Opportunities Officer, Chief Executive’s Office. Item 15. Page 154
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Report to: Economic Development and Infrastructure Services Committee Meeting Date: 29 April 2025 Report by: Depute Chief Executive (Economy, Environment and Finance) Report No: ECS011/25/NM Author: Nicola Moss Contact Email: nicola.moss@moray.gov.uk Subject: Berthing Policy – Leisure 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to approve a revised berthing policy as set out at Appendix 1 and described below. 1.2 This report is submitted to Committee in terms of Section III (F) (25) of the Council’s Scheme of Administration relating to the functions of the Council as Statutory Harbour Authority. 2. SUMMARY 2.1 2.2 A Berthing Policy was approved by this committee on 19 October 2021 (para 8 of the Minute refers) and it is requested that after proposed changes and feedback, committee approves a revised Berthing policy. A full copy of the proposed berthing policy is attached as Appendix 1 for full review. The main proposed changes are to provide clarity on powers and process relating to non-payment of fees and timely submission of berthing applications. 3. RECOMMENDATIONS 3.1 It is recommended that Committee approve a revised berthing policy as set out in Appendix 1. Item 16. Page 155
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Nicola Moss Head of Environmental and Commercial Services 4. BACKGROUND AND CONTEXT 4.1 The current version of the Berthing Policy was approved by this Committee on 19 October 2021 (para 8 of the minute refers). It sets out the means by which berths are allocated in the Council’s leisure harbours (Cullen, Findochty, Hopeman and Portknockie) and the terms on which berths are provided. 4.2 Whilst the Council has various powers as harbour authority, mainly contained in the Harbour Order – Grampian Regional Council (Harbours) Order Confirmation Act 1987, and in other legislation, not all relevant powers are clearly expressed to berth holders. This is particularly relevant in relation to non-payment of outstanding dues, where in addition to the Council’s debt management process, there is the power to remove vessels from the harbour and rescind the berth. It is believed that greater clarity on these powers, and the way in which the Council would utilise them when appropriate will be helpful in managing payment of fees. 4.3 There are also some areas that would benefit from clarification, including the requirement for valid insurance to be held at all times, not just at the point of berth renewal. 4.4 The timescales for processing berthing applications has been lengthening in recent years with an increasing number of application forms not being received in a timely manner. Clarifying the consequences of not submitting an application in a timely manner should streamline the berthing renewal at the start of the financial year and ensure that anyone on the waiting list is offered a berth in a timely manner. 5. PROPOSALS 5.1 The proposed changes are shown in Appendix 1 with changes highlighted in yellow, and are summarised as follows: 5.2 Clarifying that where a berth holder fails to submit completed application forms by the deadline the berth will be lost and offered to someone on the waiting list. Also adding that without an allocated berth, any vessel in the harbour is liable to pay the daily rate for berthing. 5.3 Explicitly stating that should a berth holder not make payment of dues in full or have an agreed repayment plan with the council then they lose entitlement to a berth and must remove their vessel from the water. Item 16. Page 156
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5.4 Berth holders must ensure that their insurance is valid for the whole time the vessel is berthed in the harbour. Failure to do so will result in the berth holder being personally responsible for damage to infrastructure and/or other vessels. 5.5 The proposed changes have been consulted with all Harbour User Groups. The feedback from the Harbour User Groups has been supportive. There was one clarification question around insurance, which has been answered directly. There was also a response about timely payment of dues in relation to the addition of the timeline that after 8 months of non-payment with no repayment plan a berth will be rescinded and the vessel must be removed. It should be noted that the debt management process commences well before this point and forfeit of berth is the final step if no other resolution / payment is in place. The wording of the policy has been adjusted to help clarify this. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) x Policy and Legal x Financial x Risk x Staffing x Best Value and Transformation x Property x Information Communications Technology/Digital x Equalities. Social Inclusion and Economic Impact x Climate Change, Biodiversity and Sustainability x 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☐ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following local Outcomes Improvement Plan priorities: Item 16. Page 157
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☐ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☐ Improving wellbeing of our population 6.3 Policy and Legal The Council will issue the Berthing Policy to all boat owners once approved. The berthing policy is in line with underpinning legislation including the Grampian Regional Council (Harbours) Order Confirmation Act 1987. 6.4 Financial There are no direct financial obligation resulting in these amendments to the existing policy. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments N/A N/A N/A N/A N/A N/A Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments N/A N/A N/A N/A N/A N/A 6.5 Risk The proposed changes to the policy are aimed at reducing risk of non-payment of dues. 6.6 Staffing The amendments to this policy will result in improved use of resources within the service. 6.7 Best Value and Transformation The amendments to this policy demonstrates best value to the service. 6.8 Property None. 6.9 Information Communications/Technology/Digital The amendments to this policy improve communication with boat owners. 6.10 Equalities, Social Inclusion and Economic Impact None. Item 16. Page 158
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6.11 Climate Change and Biodiversity Impacts None. 7. CONSULTATION 7.1 This report has been prepared in consultation with the Depute Chief Executive (Economy, Environment and Finance), Head of Environmental and Commercial Services, Chief Financial Officer, HR Manager, Legal Services Manager, Equal Opportunities Officer and L Rowan, Committee Services Officer and any comments made have been considered and incorporated into the report where appropriate. 8. BACKGROUND PAPERS 8.1 Report to ED&I Committee 19.10.21 Appendix 1 Appendix 2 Item 16. Page 159
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APPENDIX 1 Moray Council Harbour Berthing Policy v.4.0 updated xxxx 2025 Harbours Berthing Policy This policy applies to all vessels to be berthed at Cullen, Findochty, Hopeman and Portknockie Harbours. It also applies to recreational and creel boats (1) at Buckie and Burghead harbours. 1. How to apply for a berth 1.1 Berths are issued annually from 1 April to 31 March the following year. Berth-holders need to renew their berth by applying for a renewal each year and submitting their application by the published deadline. Failure to submit completed application will result in the berth-holder losing their berth and the berth being offered to someone on the waiting list. 1.2 In addition, if a vessel is berthed in a harbour but no application form has been received by the published deadline then the vessel is liable to the published daily rate. 1.3 New applications for berths will be allocated at each harbour on a first come, first served basis for the type of berth applied for. The harbourmaster will keep a waiting list where the number of applications exceeds the number of berths available. 1.4 Berths are categorised as follows: • Pontoon Item 16. Page 160
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• Wall / loose mooring - all other moorings that are not classified as pontoon • Hardstanding (subject to land availability at the harbour, and includes slipway rights) 1.5 Berthing application forms are available from Buckie Harbour office, and from moray.gov.uk/harbours 1.6 Information on the annual berthing charges is available at Buckie Harbour office, and from moray.gov.uk/harbours- 1.7 A berth is allocated subject to the payment of the published berthing fee and confirmation of appropriate insurance as detailed below. 1.8 A berth is allocated to an individual boat owner, or to joint boat owners, however, there must be a single named contact who is liable for all charges and compliance with the berthing policy. Joint ownership shall be demonstrated by the inclusion of all joint owners on the vessel insurance documents. The single named contact can only be transferred to another person who has been declared as a joint owner (and included on the vessel insurance documents) for no less than 4 consecutive years. 1.9 Allocation of berths is the responsibility of the harbourmaster. 1.10 If a suitable berth is offered to someone on a waiting list and rejected without reasonable justification, the applicant will be moved to the bottom of the waiting list. If the applicant rejects two further offers of a suitable berth, then they will be removed from the waiting list. 1.11 Any person on a waiting list must ensure that their contact telephone number/email addresses recorded at the harbour office are kept up to date. If the harbour cannot make contact using the details provided above, the individual will be removed from the waiting list. (1) A creel boat is defined as any boat from which fishing is carried out with creels. Licensed creel boats less than 10 Metres in length are charged at recreational vessel rates plus 2% of catch value. Item 16. Page 161
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2. Berthing Charges 2.1 Berths are charged annually from 1 April to 31 March the following year. Part year divisions are not permitted. 2.2 Visitor berthing is charged at the published daily rate. A Rover ticket, valid for seven days, is available providing a small discount to daily rate. Contact Buckie Harbour Office for details. 2.3 The charges are reviewed annually and are published at Buckie Harbour office, and on moray.gov.uk/harbours 2.4 Annual berth holders may use another Moray harbour for up to 48 hours in any 120- hour period, subject to there being an available berth. 2.5 Outstanding berthing dues shall be paid in full in accordance with the terms of the invoice. The Council’s debt management arrangements will be applicable to outstanding dues. In addition, where berthing dues remain outstanding after 8 months with no agreed repayment agreement, the boat owner will no longer be deemed to have a berth and will be required to remove their vessel from the harbour. 3. Berth Allocation 3.1 Each vessel will be allocated a specific berth by the harbourmaster, subject to the following restrictions. Further guidance can be sought from the Harbourmaster. • No boat length on pontoons shall exceed the designated berth dimensions as per the harbour plan and Pontoon manufacturer’s guidance. • No boat beam including fenders shall exceed the space available within the berth.(2) • Boat dimensions are measured as Length Overall (LOA) (3), maximum beam and maximum draft. Item 16. Page 162
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• Guidance on wall mooring restrictions should be discussed with the Harbourmaster as they are berth specific. 3.2 A list of vessels and their allocated berths will be maintained by the harbourmaster and published at each harbour, and on moray.gov.uk/harbours 3.3 A berth holder who wishes to change their berth type may do so, subject to confirmation that there is a suitable alternative berth available, and by payment/ refund of the difference in the annual berthing charge. 3.4 At Buckie and Burghead harbours priority is given to full time licensed fishing boats. 3.5 Recreational craft will be allocated berths subject to the harbourmaster confirming that a recreational berth would be available for the full year. Allocation of a recreational berth at Buckie or Burghead in any given year does not guarantee its availability the following year. 3.6 If a berth holder replaces their vessel, they may continue to occupy the berth subject to the harbourmaster confirming that the berth is appropriate for the new vessel’s size. This will be based on pontoon manufacturer’s guidance and overall safe management of the harbour. The proposed change must be requested and confirmed in writing, prior to purchase of the new vessel. If no written application is received and the berth is not appropriate for the new vessel, an alternative berth will be allocated if available and suitable. If no suitable alternative berth is available, then the berth must be surrendered and an application made to be on the waiting list for a suitable berth within the harbour. 3.7 Where a berth is allocated but remains unoccupied or the boat remains unused for a full 12 months, (in the reasonable opinion of the harbourmaster), then a surcharge of 100% of the applicable annual fee will be made. 3.8 A berth is allocated to the person(s) who applied and paid for the berth, not to the vessel. As such, sale or transfer of a vessel does not entitle the new owner to a berth. Any new owner of a vessel must apply separately for a berth. 3.9 A berth holder who occupies a berth without the consent of the harbourmaster (i.e. a berth not allocated for their vessel) will be charged the day rate for the period their Item 16. Page 163
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vessel is in an un-approved berth, irrespective of whether they have paid the annual berthing charge. 3.10 If any vessel in a harbour berth is unseaworthy, the harbourmaster will require the owner to remove it from the harbour. If this request is not complied with, the vessel may be removed and if necessary, disposed of by the Council and the costs of removal/disposal recovered from the owner. (2) For a 2 vessel space between pontoons, one half of the available space, for a 3 vessel space, one third of the available space, etc. (3) Length overall is measured from the tip of the bow in a straight line to the stern of the vessel. Bowsprits; rudders; outboard motors and motor brackets; handles; and other fittings, attachments, and extensions are not included in the measurement. 4. Pontoons 4.1 The alteration or addition of fixings to pontoons, including fenders is not permitted. 4.2 All fenders are to be attached to the boats only wherever possible. 4.3 When vessel design and berthing practise limits the ability to put fenders on vessel, and after consultation with Harbourmaster and their consent given, suitable fendering approved by harbourmaster that will not damage the pontoon structure may be used to safely berth. 5 Visitor Berths 5.1 The harbourmaster will maintain an appropriate number of visitor berths in each harbour. 5.2 The maximum stay at any visitor berth is seven consecutive days. 5.3 Visitor berths will be allocated on a first come, first served basis, and are charged at the daily rate. Item 16. Page 164
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5.4 Any visiting vessel should contact Buckie Harbour office, or apply online at moray.gov.uk/harbours- 5.5 Daily and Rover tickets are available to purchase online. 6. Insurance 6.1 The berth holder, as vessel owner, must have valid insurance for the vessel covering the whole of the berthing period, including third party liability insurance with an indemnity of not less than £5 million per incident. Where the berth holder, as vessel owner, has paid crew members they must also have employers’ liability insurance. Copies of the insurance certificates and policies must be provided to Moray Council on request, including when applying for a berth. Failure to hold valid insurance will result in the berth holder being personally responsible for damage incurred by their vessel. 6.2 The above insurance policies do not remove the berth holder and vessel owner’s responsibilities under the Harbour Order, the Harbour Byelaws, or any other duties to ensure competence and safe working conditions. 7. General Conditions 7.1 All reasonable instructions of the harbourmaster must be complied with, in line with the Grampian Regional Council (Harbours) Order Confirmation Act 1987 and the Grampian Regional Council Harbours Byelaws 1991. 7.2 Vessels and trailers must be clearly marked with the vessel name. 7.3 Adequate moorings must be provided and maintained by the berth holder. As general advice, cordage with equivalent strength to 16mm polypropylene should be used for small craft. 7.4 Vessels moored against a pier must be well fendered with bow and stern ropes attached to mooring rings. Ropes should not be attached to stanchions, ladders, Item 16. Page 165
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ladder-fixing points, or other boats. It is the responsibility of the berth holder to ensure appropriate mooring and fendering. 7.5 Pumping of bilges in the harbour is strictly forbidden. 7.6 All vessels with outboard motors shall have their propellers covered when the vessel is moored. 7.7 It is the responsibility of the berth holder to clear and mitigate any spillages, on land or in the water. If the Council is required to clean up any spillages the full cost will be recovered from the berth holder. 7.8 Piers, Pontoons and entrances should be kept clear of obstructions at all times. 7.9 Fishing nets and other associated equipment may only be stored in designated areas with the approval of the Harbourmaster and should be clearly marked / tagged with the owner’s details. Unauthorised equipment will be removed and disposed of by the Council and the costs of removal/disposal recovered from the owner. 7.10 The harbourmaster shall be given at least 14 days’ notice of the intention to use a crane to lift vessels in / out of the water. The details of the company / equipment being used must be supplied to the harbourmaster. All relevant risk assessments and operating instructions must be complied with. If a berth holder needs to crane a vessel in / out with less than 14 days’ notice, the harbourmaster’s consent should be sought on a case-by-case basis. 8. Dispute Arrangements 8.1 If a dispute arises between a berth holder and the harbourmaster, the berth holder may write to the Council’s Head of Environmental & Commercial Services giving full details of the dispute. 8.2 The Head of Environmental & Commercial Services will review the information, and their final decision shall be binding. Item 16. Page 166
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Report to: Economic Development and Infrastructure Services Committee Meeting Date: 29 April 2025 Report by: Depute Chief Executive (Economy, Environment and Finance) Report No: HPS001/25/IW Author: Ian Walker, Asset Manager (Commercial Buildings) Contact Email: ian.walker@moray.gov.uk Subject: INFORMATION REPORT - LIST OF PROPERTY TRANSACTIONS CONCLUDED UNDER DELEGATED POWERS 1. PURPOSE ☐ For Decision ☒ For Information 1.1 This report is submitted to the Economic Development and Infrastructure Services Committee in terms of Section III F (5) of the Council’s Scheme of Administration relating to industrial and commercial development. 2. SUMMARY 2.1 The purpose of this report is to inform the Committee of property transactions which have been dealt with under delegated powers. 3. RECOMMENDATIONS 3.1 It is recommended that Committee notes the 8 rent reviews, 1 servitude, 5 leases, 1 property disposal and 1 sale of ground as set out in section 5 of this report. Ian Walker Asset Manager (Commercial Buildings) Page 167
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4. BACKGROUND AND CONTEXT 4.1 In terms of the Council’s Scheme of Delegation, the Head of Housing and Property has delegated authority to conduct rent reviews and fix new rents. 4.2 In terms of the Council’s Scheme of Delegation, the Head of Housing and Property has delegated authority to grant wayleaves or servitudes over Council owned property. 4.3 In terms of the Council’s Scheme of Delegation, the Head of Housing and Property has delegated authority to grant leases, licenses or other occupation agreements of land and buildings for 25 years or less duration where the initial rent does not exceed £35,000 per annum and sites on long term building leases of up to 125 years duration where the initial rent does not exceed £35,000 per annum. 4.4 In terms of the Council’s Scheme of Delegation, the Head of Housing and Property has delegated authority to accept the highest offer received for surplus heritable property provided that the highest offer received is for a sum no less than the price at which the property has been offered for sale on the open market. 4.5 In terms of the Council’s Scheme of Delegation, the Head of Housing and Property has delegated authority to approve the sale of Council property where the purchase price does not exceed £30,000, subject to liaison with appropriate officials of the Council, and the ward members. 5. PROPOSALS 5.1 APPENDIX 1 – rent reviews 5.2 APPENDIX II – servitudes and wayleaves 5.3 APPENDIX III – leases 5.4 APPENDIX IV – property disposals 5.5 APPENDIX V – sales of ground 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) ✓ Policy and Legal ✓ Page 168
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Financial ✓ Risk ✓ Staffing ✓ Best Value and Transformation ✓ Property ✓ Information Communications Technology/Digital ✓ Equalities. Social Inclusion and Economic Impact ✓ Climate Change, Biodiversity and Sustainability ✓ 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☒ Build Stronger Greener Vibrant Economy. ☐ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following local Outcomes Improvement Plan priorities: ☒ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☐ Improving wellbeing of our population 6.3 Policy and Legal None. 6.4 Financial The transactions detailed in APPENDICES I, II, III, IV and V will generate an income to the Council. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Page 169
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Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments 6.5 Risk None. 6.6 Staffing None. 6.7 Best Value and Transformation None. 6.8 Property None. 6.9 Information Communications/Technology/Digital None. 6.10 Equalities, Social Inclusion and Economic Impact None. 6.11 Climate Change and Biodiversity Impacts None. 7. CONSULTATION 7.1 None. 8. BACKGROUND PAPERS 8.1 None. Page 170
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APPENDIX I REPORT TO THE ECONOMIC DEVELOPMENT AND INFRASTRUCTURE SERVICES COMMITTEE ON 29 APRIL 2025 LIST OF RENT REVIEWS OF BUILDINGS AND SITES - SUBMITTED FOR NOTING 1. Ref No. 2. Valuer’s Ints. 1. Address 2. Tenant 1. Building (m²) 2. Site (Ha) 1. Date of Entry 2. Review Period Interval 1. Previous Rent 2. New Rent Remarks 1. EL/5/110 2. ALBU 1. 5 Parade Spur South, Elgin 2. Frank Norrie Ralph 1. - 2. 0.02Ha 1. 14/1/85 2. 5 years 1. £600 p.a. 2. £700 p.a. Permitted Use: Site with workshop constructed and yard. 1. FR/1/201 2. AGREIG 1. 7 West Road, Forres 2. MRD Design Floors Ltd 1. 199sqm 2. 0.05Ha 1. 1/8/21 2. 3 years 1. £15,000 p.a. 2. £16,700 p.a. Permitted Use: Storage of materials in association with tenants flooring business. 1. FR/1/212 2. AGREIG 1. 7 Greshop Road, Forres 2. ReBoot (Moray Computer Recycling) Ltd 1. 75sqm 2. 0.03Ha 1. 31/3/07 2. 3 years 1. £6,450 p.a. 2. £7,300 p.a. Permitted Use: Storage of IT equipment and for training purposes in connection with tenant’s business. 1. FR/1/211 2. AGREIG 1. 8 Greshop Road, Forres 2. ReBoot Trading (Moray) Ltd 1. 75sqm 2. - 1. 1/10/03 2. 3 years 1. £6,100 p.a. 2. £6,750 p.a. Permitted Use: Recycling of computers. Page 171
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1. EL/5/113 2. SADEWO 1. 10 Perimeter Road, Elgin 2. Robertson Group Ltd 1. - 2. 1.45Ha 1. 14/9/83 2. 5 years 1. £22,800 p.a. 2. £28,000 p.a. Permitted Use: Site occupied by Robertsons as an office headquarters and storage facility. 1. FR/1/203 2. AGREIG 1. 9 West Road, Forres 2. Education (Libraries) 1. 202.5sqm 2. 0.04Ha 1. 18/8/03 2. 3 years 1. £16,250 p.a. 2. £18,950 p.a. Permitted Use: Archive storage. 1. FR/2/204 2. AGREIG 1. 3 Greshop Road, Forres 2. ScrubVac Cleaning Equipment Ltd 1. 102sqm 2. 0.05Ha 1. 21/12/12 2. 3 years 1. £9,250 p.a. 2. £10,550 p.a. Permitted Use: Supply and service of floor cleaning equipment. 1. EL/5/122 2. SADEWO 1. 8 Pinefield Parade, Elgin 2. Cathedral Windows 1. - 2. 0.042Ha 1. 27/12/84 2. 5 years 1. £1,620 p.a. 2. £1,860 p.a. Permitted Use: Site occupied by Cathedral as general industrial. Page 172
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APPENDIX II REPORT TO THE ECONOMIC DEVELOPMENT AND INFRASTRUCTURE SERVICES COMMITTEE ON 29 APRIL 2025 GRANT OF SERVITUDES AND WAYLEAVES Officer Intls File Ref Address Description Price Comments CQ Wayleaves/ Electric Lands at Perimeter Road, Elgin, IV30 6AG Low Voltage underground cable link Wayleave £85.20 Wayleave granted to SSE for Low Voltage connection. Page 173
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APPENDIX III REPORT TO THE ECONOMIC DEVELOPMENT AND INFRASTRUCTURE SERVICES COMMITTEE ON 29 APRIL 2025 LIST OF LEASES OF BUILDINGS AND SITES – SUBMITTED FOR NOTING 1. Reference No. 2. Officer’s Ints 1. Address 2. Tenant 1. Building (m²) 2. Site (Ha) 1. Date of Entry 2. Review Period Rent (per annum) Remarks 1. KE/1/221 2. ALBU 1. Unit 1, 4 Westerton Road South, Keith 2. Mrs Laura Low 1. 25sqm 2. 0.003Ha 1. 19/12/24 2. 3 years £3,150 Permitted Use: Hairdressers. 1. HN/750/28 2. ALBU 1. Store 9 Hopeman Harbour, Hopeman 2. Mr C & Mrs Nia Morrison 1. 16.4sqm 2. 0.003Ha 1. 1/3/25 2. 3 years £1,000 Permitted Use: Storage of water sport equipment. 1. EL/1/213 2. SOAND 1. 4 Chanonry Road North, Elgin 2. John Milne 1. 70sqm 2. - 1. 1/1/25 2. 3 years £10,500 Permitted Use: Garage and workshop for motor vehicle fleet. 1. LO/1/212 2. SOAND 1. Unit 12 Coulardbank Industrial Estate, Lossiemouth 2. Reesink UK Ltd 1. 77sqm 2. 3.08Ha 1. 3/2/25 2. 3 years £7,900 p.a. Permitted Use: Storage and workshop for golf course maintenance plant and machinery. Page 174
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1. LH/1/203 2. AGREIG 1. Unit 3 Lhanbryde Industrial Estate, Lhanbryde 2. Mr Gustavo Pereira 1. 46.5sqm 2. 0.01Ha 1. 10/2/25 2. 3 years £4,800 p.a. Permitted Use: Garage and workshop for motor vehicles. Page 175
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APPENDIX IV REPORT TO THE ECONOMIC DEVELOPMENT AND INFRASTRUCTURE SERVICES COMMITTEE ON 29 APRIL 2025 LIST OF PROPERTY DISPOSALS - SUBMITTED FOR NOTING Officer Initials Address Description Purchaser 1. Asking Price 2. Highest Offer Declared Surplus Comments SOAND Public Convenience Leys Road Forres IV36 1DS Former public convenience – part brick, part harled finish, flat felt roof with timber fascia. Ray’s Opportunities SCO45561 1. Reasonable offers 2. £36,000 27/9/2018 Charitable organisation has purchased. Page 176
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APPENDIX V REPORT TO THE ECONOMIC DEVELOPMENT AND INFRASTRUCTURE SERVICES COMMITTEE ON 29 APRIL 2025 LIST OF SALES OF GROUND TO ADJOINING PROPRIETORS – SUBMITTED FOR NOTING Description Address Purchaser Price Comments Sale of 162sqm of amenity ground 2 Duke Street Portgordon AB56 5RH Mrs Audrey Murray £3,760 Planning consent in place, including relocation of public path and provision of new footway. Planning Ref: 23/01062/APP Estates Ref: CQ Page 177
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