Agenda Document Pack - Economic Development and Infrastructure Services Committee - 11/11/2025
Moray Council · 11 November 2025
Back to Economic Development and Infrastructure Services Committee — 11 November 2025 and its agenda
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Economic Development and Infrastructure Services Committee Tuesday, 11 November 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, 11 November 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 Item 12 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 2 September 2025 7 - 12 5. Written Questions ** 6. Flood Risk Management Mid Cycle Report by Executive Director Economy, Enterprise and Operations 13 - 52 7. Overnight Stays by Campervans and Motorhomes Report by Executive Director Economy, Enterprise and Operations 53 - 104 Page 1
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8. Operations and Environment and Growth, Planning and Climate Capital and Revenue Budget Monitoring Report by Executive Director Economy, Enterprise and Operations 105 - 122 9. Performance Report (Environmental and Commercial Services) - Period to September 2025 Report by Executive Director Economy, Enterprise and Operations 123 - 130 10. Performance Report (Economic Growth and Development) - Period to September 2025 Report by Executive Director Economy, Enterprise and Operations 131 - 138 11. Blue Badge Disabled Persons Parking Concessions Procedure Report Report by Executive Director Economy, Enterprise and Operations 139 - 202 Item(s) which the Committee may wish to consider with the Press and Public excluded 12. Use of Dorenell Windfarm Funding for Core Path Activities [Para 1] • 1. Information relating to staffing matters; 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 by 12 noon 2 clear working days before the meeting for which the report is published. Please see Standing Order 38 for deadlines. The Notice shall be countersigned by one other elected member and shall explain the reason for call in including any action sought. Active Travel Strategy and Action Plan Report by Executive Director Economy, Enterprise and Operations 203 - 252 Page 2
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Update on Wildflowers in the Landscape Report Report by Executive Director Economy, Enterprise and Operations 253 - 266 Public Bodies Climate Change Report 2024-25 Report by Executive Director Economy, Enterprise and Operations 267 - 272 List of Property Transactions Concluded Under Delegated Powers Report by Executive Director Economy, Enterprise and Operations 273 - 284 Annual Report on Energy Consumption and Expenditure 2024-25 Report by Executive Director Education, Housing and Communities 285 - 296 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. 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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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 5pm three working days prior to the day of the meeting, please see Standing Order 36 for deadlines. A copy of any written answer provided by the Chair will be published on the Council’s committee management system by 12pm the day before the meeting. The Member who has put the question may, after the answer has been published, may 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 4
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MORAY COUNCIL Economic Development and Infrastructure Services Committee SEDERUNT Councillor Marc Macrae (Chair) Councillor Amber Dunbar (Depute Chair) Councillor Peter Bloomfield (Member) Councillor Neil Cameron (Member) 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 Paul McBain (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 5
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MORAY COUNCIL Minute of Meeting of the Economic Development and Infrastructure Services Committee Tuesday, 02 September 2025 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor Peter Bloomfield, Councillor Neil Cameron, Councillor Tracy Colyer, Councillor John Cowe, 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 John Stuart, Councillor Draeyk van der Horn, Councillor Sonya Warren IN ATTENDANCE Executive Director for Economy, Enterprise and Operations, Head of Operations and Environment, Acting Head of Growth, Planning and Climate (Chief Planning Officer), Head of Housing, Property and Communities, Service Manager (Environmental Services), Service Manager (Economy and Enterprise), Service Manager (Property, Estates and Assets), Chief Governance Officer (Monitoring Officer) and Lissa Rowan, Committee Services Officer. 1 Chair Councillor Marc Macrae 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 Minutes of meeting of 17 June 2025 The minute of the meeting of the Economic Development and Infrastructure Services Committee dated 17 June 2025 was submitted and approved. 4 Written Questions The Committee noted that no written questions had been submitted. Item 4. Page 7
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5 Update on Core Path Action Plan 2023-2026 Under reference to paragraph 5 of the Minute of the meeting of this Committee dated 20 June 2023, the meeting had before it a report by the Executive Director for Economy, Enterprise and Operations updating Members on the progress made with regards the Council's Core Path Action Plan 2023-26. Following consideration, the Committee unanimously agreed to approve the: i. update provided; and ii. progress made with regards the core path action plan 2023-2026. 6 Future Falconer Museum, Forres Under reference to paragraph 17 of the Minute of the meeting of the Policy and Resources Committee dated 29 October 2019, the Meeting had before it a report by the Executive Director for Economy, Enterprise and Operations informing the Committee that a new operating model had been identified for the Falconer Museum in Forres and approval was sought to support the transition process. At the invitation of the Chair, the Committee noted a statement from Councillor Robertson regarding the Falconer Museum. Councillor Robertson welcomed the progress made towards reopening the museum and acknowledged that it had been a key issue raised during pre-election engagements. It was highlighted that the Falconer Museum holds significance not only for the local community but also at national and international levels. Councillor Robertson emphasised the importance of museums in supporting mental health and education, particularly considering current pressures on the NHS. Reference was made to recent discussions at COSLA, where the role of culture and sport in preventative health was recognised. Councillor Robertson expressed thanks to Kirsty Conti, Service Manager (Economy and Enterprise) and her team for their work in advancing the project, and also acknowledged the contributions of former trustees Peter Taylor, Peter Grant Peterkin, and Alexander Pollock, as well as the Friends of the Falconer for their continued efforts in maintaining public awareness. It was noted that the museum has been closed since 2019 and is not expected to reopen until 2026, resulting in a generation of primary school children missing the opportunity to visit. The museum’s heritage was described as integral to the identity of Forres, with references to local street names and developments that reflect its legacy. In closing, Councillor Robertson urged the Committee to support the recommendations contained within the report and thanked the Chair for the opportunity to speak. Page 8
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Following consideration, Councillor Bloomfield moved that the Committee agree the recommendations as printed within the report. There being no-one otherwise minded, the Committee unanimously agreed: i. to note the reports produced to guide the re-opening of the Falconer Museum under a new operating model, as set out in Appendix 1 and Appendix 2 of the report; ii. to note that the Business Model includes an Occupation Agreement in Year 1 and Service Level Agreements (SLA) with Moray Council in Year 1 and Years 2-5 using the existing museums annual maintenance budget to provide a diminishing grant to the new operating body year to year; iii. to note there is a community group of skilled individuals ready to form the new operating body and a specialist support network is available; iv. council support for Year 1 of the transition process and ‘in principle’ approval for Years 2-5 as outlined in the Development Plan, as set out in Appendix 2 pages 33- 40 of the report, subject to a further report at end of Year 1; and v. to Stage 1 of the proposed rationalisation of the Moray Museum Service Collections and notes the proposed use of the residual balance of museum annual maintenance budget across Years 2-5. 7 Crown Estate Coastal Community Fund The Meeting had before it a report by the Executive Director for Economy, Enterprise and Operations which provided an update on the Crown Estate Coastal Community Fund. During discussion, Members welcomed the funding opportunity but expressed concern regarding the short timescale for submission of applications, which were required by Friday 17 September, as well as the limited timeframe for completion of works. It was noted that this may present a barrier to some Communities wishing to apply. Further concern was raised in respect of the requirement for two quotes, which may discourage smaller businesses from applying, and it was queried whether micro grants could be considered where only one quote would be sufficient. In addition, Members noted that electronic voting was being used and queried whether alternative, more traditional voting methods would be made available to support older members of the community. The Chair sought the agreement of the Committee for a short adjournment to allow Officers the opportunity to considers these concerns. This was agreed. On resumption of the meeting, the Executive Director for Economy, Enterprise, and Operations highlighted the significant resourcing challenges faced by the team in managing successive years of grant funding, with limited capacity to process multiple years concurrently. It was advised that while there may be scope for one or two exceptions to meeting the deadline, this could not become standard practice due to the impact on the team’s ability to deliver future grant processes. Members were advised to flag any anticipated issues in meeting deadlines, and that full guidance Page 9
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would be issued by 31 January 2026 to support workload planning. With regard to micro grants, the Committee was informed that the minimum grant level would be set at £10,000 and the maximum at £20,000, as smaller grants would result in a higher volume of applications which the team would be unable to process within existing resources. On the matter of quotes and estimates, it was clarified that estimates would be accepted; however, once a grant is awarded, it cannot be increased. Communities would therefore be required to absorb any additional costs should actual expenditure exceed the estimated amount. In relation to participatory budgeting (PB), it was noted that this would be the first time the grant stream would be delivered via PB, using the Moray Engage platform. While Moray Engage is currently operational and being used for play park funding, concerns were raised regarding its capacity to manage the volume of applications and integration with other processes. Should PB prove unfeasible, a Member-Officer Assessment Panel would be convened to assess applications, with membership drawn from coastal communities and in line with legislative and political balance requirements. It was further requested that delegated authority be granted to the Executive Director for Economy, Enterprise and Operations, in consultation with the Chair, to make necessary provisions regarding the voting process to ensure it is fair and inclusive. Following consideration, the Committee unanimously agreed: i. to approve the use of the 2024/25 Crown Estate allocation to administer a Coastal Community Fund Grant Scheme that will deliver coastal community benefit; ii. should PB prove unfeasible, a Member-Officer Assessment Panel would be convened to assess applications, with membership drawn from coastal communities and in line with legislative and political balance requirements; and iii. that delegated authority be granted to the Executive Director for Economy, Enterprise, and Operations, in consultation with the Chair, to make necessary provisions regarding the voting process to ensure it is fair and inclusive. 8 Industrial Portfolio Annual Report 2024-25 Under reference to paragraph 10 of the Minute of the meeting of this Committee dated 3 September 2024, the Meeting had before it a report by the Executive Director for Education, Housing and Communities setting out the annual performance of the Council's Industrial Portfolio in 2024/25. Following consideration, the Committee welcomed the good performance of the Council’s Industrial Portfolio and thereafter unanimously agreed to: i. note the Annual Report for 2024/25; and Page 10
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ii. approve the allocation of the capital expenditure as outlined in paragraph 5.38 of the report. Page 11
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1 Report to: Economic Development and Infrastructure Services Committee Meeting Date: 11 November 2025 Report by: Executive Director Economy, Enterprise and Operations Author: Will Burnish Contact Email: will.burnish@moray.gov.uk Subject: Flood Risk Management Mid Cycle 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to consider and approve the Flood Risk Management plans for the NE Local Plan District and Findhorn Nairn and Speyside Local Plan District. 1.2 This report is submitted to this Committee in terms of Section III (F) (19) of the Council’s Scheme of Administration relating to exercise the functions of the Council under the Flood Risk Management (Scotland) Act 2009. 2. SUMMARY 2.1 Under the Flood Risk Management (Scotland) Act 2009, Moray Council, as Lead Local Authority for the Findhorn, Nairn and Speyside Local Plan District (FNS), is required to publish an Interim Report on delivery of the Flood Risk Management Plan (the Plan) at mid cycle. Moray Council has prepared the Interim Report for Cycle 2 in collaboration with SEPA, Highland Council, Cairngorms National Park Authority, and Forestry Commission Scotland. The report details progress on implementing flood risk measures and is scheduled for publication in December 2025, subject to committee approval. Aberdeenshire Council is responsible for the North East (NE) Local Plan District Interim Report, which is pending due to differing committee cycles. The proposed Committee date for Aberdeenshire Council is 27 November 2025. 2.2 Delivery of Actions in both Districts during Cycle 2 has been constrained by limited capital funding from Scottish Government. Moray Council’s proposed Flood Protection schemes have been delayed and will now be proposed for inclusion in Cycle 3. Item 6. Page 13
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2 2.3 In Cycle 2 Moray Council has focused on maintaining existing flood defences, updating flood models, and completing Scotland’s first Coastal Adaptation Plan. A reassessment of flood risk in Aberlour was also undertaken following flooding in spring 2023. 2.4 Nationally, the implementation of Cycle 2 has been impacted by delays in capital funding from Scottish Government, largely due to ongoing financial commitments from Cycle 1 projects. This has disrupted the sequencing of new schemes and created a backlog of priority Actions. Upon approval, the FNS Interim Report will be published on Moray Council’s website, while updates to the NE Interim Report will be finalised and published by Aberdeenshire Council. 3. RECOMMENDATIONS 3.1 It is recommended that Committee agree: i) the Interim Report for the FNS Local Plan District, under Section 37 of the Flood Risk Management (Scotland) Act 2009; and ii) extracts of the NE Interim Report that relate to the two Potentially Vulnerable Areas (PVAs) in Moray, as drafted by Moray Council. Will Burnish Senior Engineer, Flood Risk Management 4. BACKGROUND AND CONTEXT Flood Risk Management Plans Interim Report 4.1 On 15 November 2022 a meeting of this Committee agreed the Local Flood Risk Management Plans for the NE Local Plan District and the FNS Local Plan District (paragraphs 6 and 7 of the Minute refer). 4.2 Under Section 37 of The Flood Risk Management (Scotland) Act 2009 the Lead Local Authority is required to undertake a review of the Plan and publish a report on the conclusions of the review. This report must include information on the progress that has been made towards implementing the measures identified in the Plan. This review must be undertaken not less than two years or more than 3 years after publishing the Plan, i.e. between December 2024 and December 2025. 4.3 Moray Council is the Lead Local Authority for the FNS Local Plan District and is responsible for publishing the Interim Report for this District. The Interim Report has been drafted in consultation with the partner organisations for this District, which are SEPA, Highland Council, Cairngorm National Park Authority, and Forestry Commission Scotland. A copy of this report is provided in Appendix A. 4.4 If agreed by this Committee it is proposed that the Interim Report for the FNS Local Plan District will be published in December 2025. 4.5 The Interim Report for the NE Local Plan District will be published by Aberdeenshire Council. Differences in committee cycles mean this report is not yet available, however, extracts of the report for the two PVAs in Moray are provided in Appendix B. Page 14
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3 FNS Local Plan District Update 4.6 The delivery of Actions within Cycle 2 has been hindered by the availability of capital funding from Scottish Government for flood alleviation schemes; further details on this issue can be found in paragraphs 4.12 to 4.15 below. The remaining Actions for Moray Council in the Findhorn, Nairn, and Speyside Local Plan District include maintaining existing flood management assets and increasing understanding. Flood Protection Scheme Actions that have not been undertaken due to funding constraints are proposed to be carried forward to Cycle 3. At present there has been no agreement reached on funding flood schemes past 2026. 4.7 In the first three years of the Plan, Moray Council updated its models for major flood alleviation schemes, confirming they still provide the intended level of protection. However, the findings show some vulnerability to climate change, highlighting the need for regular reviews and possible adaptation plans. Significant capital investment was made in 2023–24 for major maintenance of flood schemes within the Local Plan District. 4.8 Moray Council reassessed the risk from flooding of Aberlour following flooding in the spring of 2023. The assessment looked at the impact of new developments built after the Flood Scheme was completed. The assessment concluded that the flood scheme continues to offer its intended level of protection, but the model review raised concerns about altered overland flow near Linn Brae/Chapel Terrace due to development built after the flood scheme was constructed. 4.9 Additionally, Moray Council has completed the first Coastal Adaptation Plan in Scotland, covering all risk areas within Moray. These Plans highlight the triggers at which Moray Council or other responsible bodies may intervene with Actions to help adapt to the changing coastline. These Plans will be reported separately. NE Local Plan District 4.10 The implementation of Actions within Cycle 2 has been impacted by limited access to capital funding from Scottish Government for Flood Protection Schemes; additional information on this matter is provided in paragraphs 4.12 to 4.15 below. The remaining Actions for Moray in the NE Local Plan District focus on maintaining existing flood management assets and enhancing knowledge in this area. Actions related to Flood Protection Schemes that could not be progressed due to funding constraints are proposed to be carried forward into Cycle 3. Funding 4.11 The implementation of Cycle 2 of Scotland’s Flood Risk Management Plans (FRMPs) has been significantly affected by delays in capital funding availability from Scottish Government. A key contributing factor has been the continued financial commitments associated with projects initiated under Cycle 1. Many of these earlier schemes experienced cost escalations and extended delivery timelines, resulting in ongoing liabilities that have constrained the funding available for new projects. 4.12 As a result, capital allocations intended for Cycle 2 have, in part, been redirected to complete or settle outstanding Cycle 1 schemes. This has delayed the progression of new projects and disrupted the intended sequencing of flood risk interventions across the country. Page 15
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4 4.13 Further compounding the issue, confirmation of available budgets for Cycle 2 has not been provided in time to support early-stage procurement and design activity. This has led to a national backlog of priority schemes that remain in development or have been paused pending funding clarity. 4.14 The cumulative effect of these delays is a shortfall in the delivery of Cycle 2 Actions. Coastal Adaptation Plans 4.15 Moray Council has successfully completed the Action to develop a Coastal Adaptation Plan for Kingston. Furthermore, all of the remaining Coastal Adaptation Plans have been finalised, making Moray Council the first in Scotland to achieve this milestone. These Plans highlight the triggers at which Moray Council or other responsible bodies may intervene with Actions to help adapt to the changing coastline. These Plans will be reported separately. 4.16 The Coastal Adaptation Plans will be reviewed in six yearly cycles to coincide with the review of Local Flood Risk Management Plans, the next review will be undertaken in 2027/28. 5. PROPOSALS 5.1 The Findhorn, Nairn, and Speyside Local Plan District Interim Report will be published on the Moray Council’s website after it receives formal approval from this Committee and Highland Council. An official press release will provide extra context for stakeholders and interested parties. As Lead Local Authority, Moray Council is responsible for updating the Scottish Government and SEPA on major developments and sharing relevant information associated with the delivery of the Local Flood Risk Management Plans. 5.2 On approval of the extracts from the NE Interim Report, these extracts will be sent to Aberdeenshire Council. Aberdeenshire Council will then finalise and publish the updated report on their website. This collaborative process should help keep communication clear and maintain transparency throughout. 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 Page 16
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5 Equalities. Social Inclusion and Economic Impact x Climate Change and Biodiversity Impact 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 Flood Risk Management (Scotland) Act 2009, Section 37, the Council, as the Lead Local Authority, must review and publish a report on their findings and make it available for public inspection. Section 39 requires Moray Council to cooperate in reviewing the NE Local Plan District Interim Report so that Aberdeenshire Council, as Lead Authority, can finalise and publish the report. 6.4 Financial There is no additional pressure placed on the council in this updated report. Currently all Flood Protection Schemes progressed by Moray Council are subject to grant funding by Scottish Government. The grant from Scottish Government is 80% of the cost of the scheme and the Council funds the remaining 20%. It should be noted that, due to the absence of a capital grant from the Scottish Government for Cycle 2 schemes, it is now likely that work will not commence on any of these projects, and they will therefore be removed from the capital plan for the next three years. As a result, there is no need to allocate 20% of the funding from within our capital plans. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Page 17
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6 Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments 6.5 Risk Failure to produce a Section 37 Interim Report under the Flood Risk Management (Scotland) Act 2009 would constitute a breach of statutory duty by the Lead Local Authority. This omission would undermine transparency and accountability in flood risk planning, obstruct public access to progress updates, and impair coordination with stakeholders such as SEPA and the Scottish Government. It would also hinder strategic planning for future flood risk cycles and delay the identification of priority actions, potentially increasing vulnerability to climate change and biodiversity loss. 6.6 Staffing There are no staffing implications associated with the recommendations in this report. 6.7 Best Value and Transformation Any significant works identified in the Plan, such as a Flood Protection Scheme, would only be undertaken if best value can be demonstrated through a feasibility study. All significant works undertaken are subject to grant funding from Scottish Government. 6.8 Property There are no property implications associated with the recommendations in this report. 6.9 Information Communications/Technology/Digital There are no ICT implications associated with the recommendations in this report. 6.10 Equalities, Social Inclusion and Economic Impact An Equalities Impact Assessment is not needed because the recommendations in this report do not impact on people. 6.11 Climate Change and Biodiversity Impacts The Flood Risk Management Interim Report for the FNS Local Plan District, as well as the NE Local Plan District, provides a critical assessment of the actions outlined in the current Cycle 2 plan. This report reviews the progress made in implementing measures designed to reduce flood risks aggravated by climate change, while also promoting nature-based solutions. 7. CONSULTATION 7.1 This report has been prepared in consultation with Executive Director Economy, Enterprise and Operations, Head of Operations and Environment, Chief Financial Officer, Service Manager Legal Services, R Geddes-Stewart, Senior HR Adviser, Equal Opportunities Officer and L Rowan, Committee Services Officer and any comments made have been incorporated into the report. Page 18
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7 8. BACKGROUND PAPERS 8.1 Report to ED&I Committee 15 November 2022 Page 19
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8 Appendix A: FNS Interim Report Page 20
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9 FINDHORN, NAIRN AND SPEYSIDE Local Flood Risk Management Plan Interirm Report Publish by Moray Council December 2025 Page 21
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Findhorn, Nairn and Speyside Local Flood Risk Management Plan 2022-2028: Interim Report 10 Publication date: December 2025 Contents 1 Background ............................................................................................................ 11 2 How current is the Plan ............................................................................................ 12 3 Significant issues .................................................................................................... 12 4 Other actions .......................................................................................................... 13 5 Next steps ............................................................................................................... 14 6 Conclusions ............................................................................................................ 15 7 Assessment of progress ........................................................................................... 16 Appendix 1: Flood risk management responsibilities in Scotland and the legal requirement for the publication of this Interim Report ............................................................................... 27 Appendix 2: Publication details ....................................................................................... 31 Page 22
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Findhorn, Nairn and Speyside Local Flood Risk Management Plan 2022-2028: Interim Report 11 1 Background The Interim Report is a legal requirement under Section 37of the Flood Risk Management (Scotland) Act 2009 (the Act), which must be published between July 2024 and December 2025. This report includes a review of the Local Flood Risk Management Plan, published in December 2022, and information on the progress that has been made towards implementing the actions identified in the Plan. Further details on flood risk management responsibilities in Scotland and the legal requirement for the publication of this Interim Report can be found in Appendix 1. A copy of the Findhorn, Nairn and Speyside Local Flood Risk Management Plan can be found at Moray Council FRM or A hard copy or the plan can be obtained from Moray Council or Highland Council. Page 23
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Findhorn, Nairn and Speyside Local Flood Risk Management Plan 2022-2028: Interim Report 12 2 How current is the Plan The Plan was published in December 2022 as a supplement to the Flood Risk Management Plan issued by SEPA in December 2022. It outlines how the actions identified in the Strategy will be carried out during the period from 2022 to 2028. Both the Strategy and the Plan are informed by the National Flood Risk Assessment and the designation of Potentially Vulnerable Areas at that time. The Plan continues to be considered appropriate based on the current understanding of flood risk within the Findhorn, Nairn, and Speyside Plan District. 3 Significant issues Based on a progress review of the Plan for Findhorn, Nairn and Speyside, the following key themes and issues have been identified that have or may have an impact on the delivery of actions to manage flood risk. Arrangements planned to deliver the remaining actions are described below. Where these issues have had an impact on the delivery of specific actions or actions across an LPD, this is detailed in the ‘Assessment of the progress of actions’. Funding of New Flood Alleviation Schemes The distribution of capital funding through the local authority general capital grant, including for flood protection schemes, is jointly agreed by Scottish Ministers and COSLA Leaders. The implementation of the 2022 Flood Risk Management Plans (FRMPs) have been significantly affected by capital funding availability through the general capital grant for new flood protection schemes. There is a commitment to fund flood protection schemes from the 2015 FRMPs first and many of these schemes have experienced cost escalations and extended delivery timelines. As a result, there have been no capital allocations through the general capital grant for the development and delivery of new flood protection schemes. This has delayed early-stage procurement and design activity for new flood protection schemes by other Responsible Page 24
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Findhorn, Nairn and Speyside Local Flood Risk Management Plan 2022-2028: Interim Report 13 Authorities and disrupted the intended sequencing of flood risk interventions across the country. There is therefore a backlog of flood protection schemes that remain in development or have been paused pending the availability of capital funding. through the general capital grant. The cumulative effect of these delays is a shortfall in the delivery of the flood protection schemes in the 2022 FRMPs. Flooding across Findhorn, Nairn, Speyside Region: December 2022 – July 2025 • December 2022 – January 2023: Heavy rain and snowmelt triggered surface water flooding in Moray and the Highlands. SEPA issued multiple flood alerts for Findhorn, Nairn, Moray, and Speyside. • May 2023: Intense summer storms caused flooding and property damage in Aberlour due to debris. • 6-9 October 2023: 48 hours of heavy rain across Scotland saw more than 150mm rain fall across the upper River Spey catchment, saturating ground conditions and flooding susceptible areas. Severe flood warnings were issued for Aviemore, high risk locations were evacuated and there was road and rail disruption throughout the area. • 18-21 October 2023 – Storm Babet: Major floods affected roads and properties; widespread warnings were issued. • 31 December 2024 – Hogmanay Flooding: Over 20 flood warnings were active during an amber alert for heavy rain across Highland and Moray. • May 2024: Ongoing rain led to repeated surface water flooding in low-lying areas of Moray, including Elgin and Aberlour. 4 Other actions Moray Council The Council has completed the first Coastal Adaptation Plan in Scotland, covering the coastal areas within Moray. These plans highlight the triggers at which Moray Council or other responsible bodies may intervene with actions to help adapt to the changing coastline. Moray Council also reassessed the risk from flooding of Aberlour following flooding in the spring of 2023. The assessment looked at the impact of new developments post the Flood Scheme being completed. The assessment concluded that the flood scheme continues to Page 25
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Findhorn, Nairn and Speyside Local Flood Risk Management Plan 2022-2028: Interim Report 14 offer its intended level of protection, but the model review raised concerns about altered overland flow near Linn Brae/Chapel Terrace due to development post the flood scheme completion. Highland Council The Council has completed a Regional Coastal Change Adaptation Plan, covering coastal flood and erosion risk areas within the Highlands. This plan is a high-level review, identifying priority sections of coastline for more detailed Local Coastal Change Adaptation Plans in the future, as funding allows. SEPA Over the past four years, SEPA has made significant improvements in the flood forecasting and warning service through its Flood Warning Development Framework 2022–2028. Key achievements include: • Scottish Flood Forecast: A new 3-day public forecast developed with the Met Office, providing earlier and clearer flood risk information. • MyFloodline: A redesigned registration platform that improves public access to flood warnings. • Regional Improvements: Enhanced forecasting systems in the Scottish Borders and Firths of Forth and Tay to support upgraded warning services. • AI Integration: SEPA has also embraced digital transformation and begun exploring the use of Artificial Intelligence to enhance forecasting capabilities. 5 Next steps A Final Report on the Plan will be published between July 2027 and June 2028. This will include an updated assessment of the progress made towards implementing the current actions, a summary of the current measures which were not implemented, with reasons for their non-implementation; and a description of any other measures implemented since the Plan was finalised which the lead authority considers have contributed to the achievement of the flood risk objectives. Page 26
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Findhorn, Nairn and Speyside Local Flood Risk Management Plan 2022-2028: Interim Report 15 6 Conclusions The majority, approximately 83%, of the actions identified in the Plan are expected to be delivered within the timescales set when the plan was published in December 2022. Approximately 8% of the actions identified are delayed but expected to be delivered before the end of cycle 2 in 2028. Approximately 9% of the actions are not expected to be delivered in the cycle and will now be considered for future cycles. In addition to funding availability for Flood Alleviation schemes, delays in implementing actions are generally due to factors that cannot be anticipated over a six-year period, such as funding adjustments and modifications to the scope of work after plans are published. Efforts will continue to be made to complete the outstanding actions as efficiently as possible. Page 27
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Findhorn, Nairn and Speyside Local Flood Risk Management Plan 2022-2028: Interim Report 16 7 Assessment of progress This section sets out an assessment of the progress towards implementing the actions set out in the Plan. There are actions that apply across all of the Findhorn, Nairn and Speyside LPD and actions that are specific to each of the 14 Potentially Vulnerable Areas (as defined under Section 13 of the Act), which are shown below in Figure 1. Figure 1: The Findhorn, Nairn and Speyside LPD with Potentially Vulnerable Areas identified Details of Potentially Vulnerable Areas taken from Findhorn, Nairn and Speyside Flood Risk Management Strategy, SEPA (December 2015) The actions that apply to individual PVAs are shown in Figure 2. The summary progress is shown using the traffic light system, where each item is marked as Red, Amber or Green (RAG) and where: • GREEN – The action has been completed successfully or is progressing as planned. No immediate attention is required. • AMBER – The action is behind schedule or progressing slowly, but it is not critical. Some attention or action is required to get it back on track. • RED – The action is significantly behind schedule or has not started at all. Page 28
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Findhorn, Nairn and Speyside Local Flood Risk Management Plan 2022-2028: Interim Report 17 Page 29
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18 RAG Status Flood study Flood warning maintenance Strategic mapping improvements Adaptation plan Community engagement Community flood alert Data collection Flood defence maintenance Flood risk management review Flood scheme or works implementation Flood scheme or works design Flood study (existing flood defences) Sewer flood risk assessment Surface water management plan Aberlour GREEN GREEN GREEN GREEN Aviemore RED GREEN Dallas GREEN GREEN AMBER Dalwhinnie GREEN Elgin GREEN GREEN GREEN RED RED GREEN GREEN GREEN Forres GREEN GREEN GREEN GREEN AMBER Garmouth GREEN AMBER Hopeman GREEN GREEN GREEN Kingston GREEN AMBER GREEN Kingussie AMBER GREEN Kinloss GREEN GREEN GREEN GREEN Lhanbryde GREEN GREEN GREEN Lossiemouth GREEN GREEN GREEN Muir of Ord Nairn AMBER GREEN GREEN Nethy Bridge RED GREEN Newmill (Nairn) GREEN GREEN Newtonmore GREEN GREEN GREEN Rothes GREEN GREEN GREEN RED RED GREEN Seatown, Lossiemouth GREEN GREEN GREEN RED AMBER GREEN Figure 2: Summary of progress of actions to manage flood risk in the Potentially Vulnerable Areas of the Findhorn, Nairn and Speyside LPD Page 30
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19 Progress with LPD-wide Actions This section sets out an assessment of the progress towards implementing actions that apply across all the Findhorn, Nairn and Speyside LPD over the six-year Plan, which is presented in Figure 3. Action Delivery Lead RAG status - Interim Report Update Awareness raising Moray Council, Highland Council & SEPA GREEN Moray Council has undertaken a number of community events, with particular reference to coastal aspirations and post-flood recovery. We are committed to promoting property flood resilience and have worked in partnership with SEPA, Scottish Water, and the Scottish Flood Forum at these events. The Highland Council continue to engage with Community Resilience Groups, helping them to identify means to reduce flood risk themselves and become better prepared to deal with future flooding. SEPA has delivered a range of awareness-raising activities through targeted campaigns and collaborative partnerships. A key achievement has been the development of a suite of online flood education resources for pupils in P5–P7, designed to help young people build their understanding of flood risk and resilience. We have also refreshed how we communicate our flood warning and information tools to the public, guided by a user-led approach. Our emphasis on accessibility ensures that communities are better equipped to understand their flood risk and take action to build resilience. In addition, SEPA hosted its first-ever national online community event. The event attracted over 65 participants from communities across Scotland, with 96% of attendees reporting that they felt better informed about how their community could prepare for flooding. Data to support climate resilience SEPA AMBER SEPA is undertaking extensive work to upgrade the Hydrometric Network both in terms of infrastructure and technology, including dramatically increasing the number of sites and utility of near live data across numerous users. Page 31
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Findhorn, Nairn and Speyside Local Flood Risk Management Plan 2022-2028: Interim Report 20 A strategic vision and strategy is being developed for Hydrology Monitoring in Scotland to ensure that our service meets future user needs in an effective and efficient way in a changing climate. Emergency plans Moray Council, Highland Council & SEPA GREEN Moray Council continues to provide support as a Category 1 responder. During the first part of the cycle, the Council updated its emergency plan with specific regard to flooding. The Highland Council continues to provide support as a Category 1 responder, updating emergency plans. SEPA plays a central role in Scotland’s Flood Warning Service, working in partnership with local authorities, emergency services, and other responders under the Civil Contingencies Act 2004 to support emergency planning and help protect communities from the impacts of flooding. Flood forecasting SEPA GREEN SEPA delivers the Scottish Flood Forecasting Service in partnership with the Met Office. This service continues to deliver daily outlooks of flood risk and potential impacts for the nation through its 3 day Scottish Flood Forecast for the public and 5 day Flood Guidance Statement for professional partners. Flood Alerts and Warnings are issued by SEPA's flood duty officers when flooding is possible and/or expected. Flood warning development framework SEPA GREEN SEPA published the Flood Warning development Framework for 2022-2028 including a programme of works to maintain and improve SEPA's forecasting and warning services. SEPA has developed a road map for improving surface water forecasting and SEPA now have a surface water forecasting tool that has been developed called PREDICTOR. Further recommendations exist to develop these surface water capabilities. SEPA's partnership with the Met Office continues with the publication of daily 3 day forecasts for the public and 5 day forecasts for professional partners. Future flood risk management planning SEPA AMBER SEPA is currently preparing the Flood Risk Management Plans for the upcoming cycle (2027–2033) in collaboration with key stakeholders. This process includes a formal consultation phase scheduled for 2026. The new plans will introduce key elements of the Scottish Flood Resilience Strategy and align with the objectives of other national frameworks, such as the Scottish National Adaptation Plan. Following the publication of the Scottish Flood Resilience Strategy in 2025, SEPA is embedding its principles and ambitions into a refreshed vision and strategic direction for its flooding services. Moray Council and The Highland Council reaffirms their commitment to supporting SEPA in the development of Flood Risk Management Plans. The Councils will work closely with communities Page 32
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Findhorn, Nairn and Speyside Local Flood Risk Management Plan 2022-2028: Interim Report 21 through consultation on the preparation of Local Flood Risk Management Plans during 2026 and 2027. Guidance development SEPA & Scottish Government AMBER As part of delivering the Scottish Flood Resilience Strategy, SEPA is contributing to the development of a flood advisory service. This includes updating and creating tailored guidance to support flood risk management projects. In collaboration with Scottish Forestry and other UK forestry agencies, Forest Research published the UK Forestry Standard Practice Guide in October 2022. This guide offers practical advice to landowners, land managers, and public authorities on how to design and manage forests and woodlands to help reduce flood risk. Hazard mapping updates SEPA GREEN SEPA has a phased, multi year programme of hazard map updates. Updates to our coastal map for Outer Hebrides, Orkney and North East Scotland were published in November 2023 and South East Scotland is due to be published in 2026. A review of coastal modelling and mapping in South West Scotland will follow. In February 2025 SEPA published a new national flood hazard map for surface water and small watercourses, entirely replacing the previous surface water map release. SEPA is updating its approach to fluvial hazard map updates including user needs analysis, technological and methodological improvements in order to meet the next statutory hazard map update deadline of December 2031. Land use planning Moray Council, Highland Council, SEPA & Scottish Water GREEN SEPA- Following the publication of the Scottish Government’s National Planning Framework 4 (NPF4) in February 2023, SEPA has undertaken a programme of updates to its land use planning guidance on flood risk. This work, carried out in consultation with key stakeholders, has focused on ensuring alignment with Policy 22 in particular. The programme is now largely complete, and planning authorities are progressing with the implementation of NPF4 through the spatial elements of their upcoming local development plans. Moray Council and The Highland Council continue to assess planning applications to ensure compliance with National Planning Framework 4 (NPF4) and to confirm that new developments do not increase flood risk to communities or existing infrastructure. The Councils are also working closely with the Local Development Plan teams to ensure that Strategic Flood Risk Assessments address known risks and support the creation of designated areas within Moray and The Highlands for Making Space for Water. Page 33
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Findhorn, Nairn and Speyside Local Flood Risk Management Plan 2022-2028: Interim Report 22 Maintenance Moray Council, Highland Council & Scottish Water GREEN Moray Council and The Highland Council continue to publish their clearance and repair schedules. These works are based on inspections carried out under the Flood Risk Management (Scotland) Act 2009 and are prioritised according to the risk of flooding that identified issues may present. Natural flood management mapping SEPA GREEN SEPA is developing an improved evidence base for updating natural flood management mapping using the Potentially Vulnerable Areas published in December 2024 and the revised National Flood Risk Assessment data which will be available in March 2026. This will enable a focussed catchment approach to be developed, building on the existing national approach and providing a higher resolution of opportunity mapping. National flood risk assessment SEPA GREEN SEPA is applying updated evidence and methodologies to produce the revised National Flood Risk Assessment, scheduled for publication in December 2025. The underlying data informed the identification of Potentially Vulnerable Areas for the next flood risk management cycle, which were published in December 2024. This evidence base will also shape the objectives and actions set out in the 2027–2033 flood risk management plans, due for release in December 2027. National surface water mapping SEPA GREEN In February 2025 SEPA published a new national flood hazard map for surface water and small watercourses, entirely replacing the previous surface water map release. This new release included publication for the first time of a future flood map, to help users understand the potential impacts of climate change. To accompany the publication a number of improvements were also made to the "Check an area's long term flood risk viewer". Reservoirs SEPA GREEN SEPA continues to develop its assessment of flood risk from dam failure and use these assessments to direct a proportionate regulatory approach to ensure reservoir safety. We are exploring the use of the UK emergency alerts service for issuing warnings in the event of a reservoir emergency. Scottish Flood Defence Asset Database SEPA AMBER SEPA’s ongoing Flood Asset Project is strengthening the quality of evidence and data management on behalf of all flooding partners. This work will deliver an improved national database to replace the outdated original, which is no longer available, enabling more informed decisions on asset location, maintenance, flood warnings, risk management, and land use planning. Self help Moray Council & Highland Council GREEN The Highland Council continue to sign post communities and individuals to sources of help with respect to improving property resilience. Moray Council continues to operate the Property Level Protection (PLP) at-cost scheme and provides support to individuals upon request. Figure 3: Progress with LPD-wide Actions for the Findhorn, Nairn and Speyside LPD Page 34
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Progress with PVA-specific Actions This section sets out an assessment of the progress towards implementing actions that are specific to each of the 14 PVAs as shown in Figure 2. Assessments of the progress of Red and Amber actions within each PVA are presented. Target Area Elgin 392 Action Type Flood scheme or works design 39203 Action Delivery Lead Moray Council RAG Status RED Update This action was subject to funding agreements being in place for Cycle 2 Flood Schemes. At present, there is no indication of when funding will be made available. Therefore, it is unlikely that this action will be completed within the timeframe originally Target Area Elgin 392 Action Type Flood scheme or works implementation 39205 Action Delivery Lead Moray Council RAG Status RED Update This action was subject to funding agreements being in place for Cycle 2 Flood Schemes. At present, there is no indication of when funding will be made available. Therefore, it is unlikely that this action will be completed within the timeframe originally Target Area Garmouth 393 Action Type Adaptation plan 39301 Action Delivery Lead Moray Council RAG Status AMBER Update Coastal adaptatation plans have been written but triggers have not been prioritised, this will start 2025 Target Area Kingussie 395 Action Type Flood study 39501 Action Delivery Lead Highland Council RAG Status AMBER Update Options have been explored to implement erosion reduction measures on the Gynack, however preffered options remain unfeasible. Pitmain Estate have completed work on a flow diversion channel into Loch Gynack which will reduce peak flood flows in the River Target Area Rothes 397 Action Type Flood scheme or works design 39701 Action Delivery Lead Moray Council RAG Status RED Update This action was subject to funding agreements being in place for Cycle 2 Flood Schemes. At present, there is no indication of when funding will be made available. Therefore, it is unlikely that this action will be completed within the timeframe originally Page 35
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Target Area Rothes 0 Action Type Flood scheme or works implementation 39703 Action Delivery Lead Moray Council RAG Status RED Update This action was subject to funding agreements being in place for Cycle 2 Flood Schemes. At present, there is no indication of when funding will be made available. Therefore, it is unlikely that this action will be completed within the timeframe originally Target Area Dallas 421 Action Type Flood study (existing flood defences) 42103 Action Delivery Lead Moray Council RAG Status AMBER Update The project has not yet commenced due to staff resourcing issues. The works are now scheduled for delivery in the 2027–2028 period Target Area Forres 427 Action Type Surface water management plan 42704 Action Delivery Lead Moray Council RAG Status AMBER Update Due to staffing constraints, Moray Council has been unable to progress this project further. It is now planned to be delivered between 2026 and 2027 Target Area Aviemore 396 Action Type Flood study 39601 Action Delivery Lead Highland Council RAG Status RED Update No works undertaken to date. Not identified in the Council capital programme Target Area Nairn 428 Action Type Flood study 42801 Action Delivery Lead Highland Council RAG Status AMBER Update Flood Modelling of the River Nairn and Auldearn Burn has been undertaken. No funding curently available to progress with an Options Appraisal. A Coastal Study has begun for Nairn Beach, with a Dynamic Adaptive Pathway report produced. In collaboration wit Target Area Nethy Bridge 434 Action Type Flood study 43401 Action Delivery Lead Highland Council RAG Status RED Update No works undertaken to date. Not identified in the Council capital programme Page 36
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Target Area Nethy Bridge 434 Action Type Community flood alert 43402 Action Delivery Lead Nethy Bridge Community RAG Status Unknown Update No update provided from Nethy Bridge Community Target Area Kingston 463 Action Type Adaptation plan 46302 Action Delivery Lead Moray Council RAG Status AMBER Update Coastal adaptatation plans have been written but triggers have not been prioritised, this will start 2026 Target Area Seatown, Lossiemouth 9991 Action Type Flood scheme or works design 999101 Action Delivery Lead Moray Council RAG Status AMBER Update No design work has been undertaken. No funding has been secured Target Area Seatown, Lossiemouth 9991 Action Type Flood scheme or works implementation 999102 Action Delivery Lead Moray Council RAG Status RED Update This action was subject to funding agreements being in place for Cycle 2 Flood Schemes. At present, there is no indication of when funding will be made available. Therefore, it is unlikely that this action will be completed within the timeframe originally Page 37
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List of Acronyms and Abbreviations FRM Flood Risk Management ICS Integrated Catchment Study LFRMP Local Flood Risk Management Plan LPD Local Plan District NFM Natural Flood Management PVA Potentially Vulnerable Area Q&S Quality & Standards (Scottish Water) SEPA Scottish Environment Protection Agency SR10/15 Spending Review periods for 2010-2015 and 2016-2021 for Scottish Water capital maintenance expenditure SWMP Surface Water Management Planning TEAMB Tay Estuary and Montrose Basin Page 38
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Appendix 1: Flood risk management responsibilities in Scotland and the legal requirement for the publication of this Interim Report Page 39
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Flood risk management in Scotland The Scottish Ministers, SEPA and responsible authorities must exercise their flood risk related functions with a view to reducing overall flood risk (reference Section 1(1) of the Flood Risk Management (Scotland) Act 2009). Through the preparation of a national flood risk assessment and setting of objectives to reduce the level of flood risk by SEPA, which is published in Flood Risk Management Strategy, and the publication of Local Flood Risk Management Plan’s by ‘lead’ local authorities, which detail how and when the actions agreed to meet these objectives are to be done, SEPA and all responsible authorities must act to manage flood risk in a sustainable way. Flood Risk Management Strategy for Findhorn, Nairn and Speyside Local Flood Risk Management Plan for Findhorn, Nairn and Speyside Legal requirement This document sets out the conclusions of the review of the Local Flood Risk Management Plan (LFRMP) for the Findhorn, Nairn and Speyside LPD as required by Section 37 of the Flood Risk Management (Scotland) Act 2009 (the “Act”). 37 Local flood risk management plans: Interim Report (1) Not earlier than 2 years and not later than 3 years after a local flood risk management plan is finalised, the lead authority must — (a) review the plan, and (b) publish a report on the conclusions of the review including information on the progress that has been made towards implementing the measures identified in the implementation part of the plan. (2) The lead authority must make copies of the report available for public inspection. Page 40
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The Findhorn, Nairn and Speyside LFRMP was published in December 2022, therefore, the Interim Report needs to be published between December 2024 and December 2025. The Interim Report provides a summary of the LFRMP actions (‘measures’) and the proposed delivery timescales. The information on progress will include: • an assessment of the progress towards implementing each of the actions; • reasons for any actions where delivery is not as planned; and • a description of arrangements planned to deliver the remaining actions and to address delayed actions. The Interim Report is published by the ‘lead authority’ as defined by Section 34(9) of the Act in partnership with SEPA and the ‘responsible authorities’, as defined by Section 5 of the Act, will be in the LPD. The approval of the Interim Report will be in accordance with the agreed governance arrangements in the LPD. The responsible authorities for the Findhorn, Nairn and Speyside LPD are: • Moray Council (lead authority) • The Highland Council • Cairngorms National Park • Forestry Commission Scotland • Scottish Water. The lead authority must also publish a Final Report on the LFRMP under Section 38 of the Act between December 2026 and December 2082 (not earlier than 5 years and not later than 6 years from the publication of the Plan). The Final Report will provide an assessment of current actions and a summary of current actions not implemented, with reasons for their non-implementation. The Final Report will also include a description of any other measures implemented, which the lead authority considers have contributed to the achievement of the objectives summarised in the LFRMP. Publication Page 41
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The published Interim Report for the Findhorn, Nairn and Speyside LFRMP will be made available for public inspection, as per Section 37(2) of the Act, via the website of the lead authority, Moray Council: www.moray.gov.uk; search for “Interim Report LFRMP”. Links to the published Interim Report for the Findhorn, Nairn and Speyside LFRMP will also be provided from Scottish Government, SEPA and other responsible authority websites. A hard (paper) copy of the published Interim Report for the Findhorn, Nairn and Speyside LFRMP is also available for public inspection on weekdays between 9am and 5pm at the following location(s): Council access points in Elgin, Forres, Keith and Buckie, Elgin Library and at Highland Council’s offices in Dingwall. Copies of the published Interim Report for the Findhorn, Nairn and Speyside LFRMP may also be available at offices of other responsible authorities. Detailed arrangements for publication of the Interim Report for Findhorn, Nairn and Speyside LFRMP are in Appendix 2. Page 42
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Appendix 2: Publication details Page 43
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Flood Risk Management (Scotland) Act 2009 Publication of Interim Report for the Findhorn, Nairn and Speyside Local Flood Risk Management Plan – Summary of Proposed Communications Activities The following communications activities will be used to publicise and make the Interim Report available: • Upon finalising the Interim Report for the Findhorn, Nairn and Speyside Local FRM Plan, Sections 37(2), 53 and 54 of the Act specifically require Moray Council, as the lead authority, to o Publish an Interim Report on the Findhorn, Nairn and Speyside Local FRM Plan; o Make copies of the Interim Report available for public inspection free of charge and at all reasonable times; o Publicise the arrangements for making it available by means of a notice in the appropriate newspapers (at least one Scottish newspaper and such local newspapers within the LPD as considered appropriate) • The Interim Report for the Findhorn, Nairn and Speyside Local FRM Plan will be published in a hard copy format and a pdf version will also be made available on the Council’s website at Moray Council FRM • Hard copies of the Interim Report for the Findhorn, Nairn and Speyside Local FRM Plan will be held and made available upon request at the Moray Council’s Access points in Elgin, Forres, Keith and Buckie and Elgin Library. The Plan can also be viewed at Highland Council’s offices in Dingwall. • A letter (with a pdf version of the report on DVD) will be sent to SEPA and the Scottish Ministers. • On or before the publication date [to be advised], public notices will be placed in the Press and Journal and The Northern Scott, fulfilling our duties to publicise the Interim Report in accordance with Sections 37, 53 and 54 of the 2009 Act. Page 44
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Appendix B North East Interim Report Extact Page 45
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Date Extract from the North East Interim Report:- Target area name Action_ID Action type General description Delivery Lead RAG status RAG status comment Portgordon 39801 Strategic mapping improvements SEPA will continue to update flood maps based on new information. SEPA GREEN The coastal flood hazard maps for the Outer Hebrides and northeast Scotland were updated and published in November 2023. This action is complete. Portgordon 39802 Sewer flood risk assessment The volume of water that would overwhelm the sewer system and cause flooding from manholes or inside our homes is to be assessed, to support understanding of the performance of the urban drainage network Scottish Water AMBER This action is on course to deliver within Cycle 2, however the programme of studies has been delayed due to data sharing challenges. This is due to a requirement to ensure consistency of assessment by using the same underlying datasets as SEPA's updated pluvial mapping project. Portgordon 39803 Flood defence maintenance The existing flood defences are to be maintained by the asset owner to ensure they are in good condition. Moray Council GREEN We are continuing to deliver this action by maintaining the existing coastal defences Portgordon 39804 Flood warning maintenance The Floodline flood warning service is to be kept operational through maintenance to the existing system and updates being undertaken as required. SEPA GREEN SEPA will continue to maintain the flood warning service. Page 46
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Keith 40401 Flood warning maintenance The Floodline flood warning service is to be kept operational through maintenance to the existing system and updates being undertaken as required. SEPA AMBER SEPA has paused the action to investigate the River Deveron scheme for improvement and/or recalibration, as efforts have focused on advancing flood forecasting and warning systems to improve the resilience of the services we deliver across Scotland. For details on improvements to SEPA’s flood forecasting and warning service, see the 'Other Actions' section. Newmill (Keith) 44401 Flood defence maintenance The existing flood defences are to be maintained by the asset owner to ensure they are in good condition. Moray Council GREEN We are continuing to maintain this flood protection scheme in line with the operation and maintenance manual Newmill (Keith) 44402 Flood warning maintenance The Floodline flood warning service is to be kept operational through maintenance to the existing system and updates being undertaken as required. SEPA AMBER SEPA has paused the action to investigate the River Deveron scheme for improvement and/or recalibration, as efforts have focused on advancing flood forecasting and warning systems to improve the resilience of the services we deliver across Scotland. For details on improvements to SEPA’s flood forecasting and warning service, see the 'Other Actions' section. Page 47
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Buckie and Portessie 45501 Flood scheme or works design The selected preferred approach for managing flood risk is to be designed following the completion of the flood study, including consideration of the long- term impacts of climate change. These can include small scale works or works to improve catchment management. This should guide adaptive planning to allow for the impacts of climate change to be monitored, understood and managed. Moray Council RED This action was subject to funding agreements being in place for Cycle 2 Flood Schemes. At present, there is no indication of when funding will be made available. Therefore, it is unlikely that this action will be completed within the timeframe originally highlighted. Buckie and Portessie 45502 Flood scheme or works implementation The flood scheme/works is to be built following agreement of the design, costs and timescales. Moray Council RED This action was subject to funding agreements being in place for Cycle 2 Flood Schemes. At present, there is no indication of when funding will be made available. Therefore, it is unlikely that this action will be completed within the timeframe originally highlighted. Page 48
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Buckie and Portessie 45503 Flood scheme or works design The selected preferred approach for managing flood risk is to be designed following the completion of the flood study, including consideration of the long- term impacts of climate change. These can include small scale works or works to improve catchment management. This should guide adaptive planning to allow for the impacts of climate change to be monitored, understood and managed. Moray Council RED This action was subject to funding agreements being in place for Cycle 2 Flood Schemes. At present, there is no indication of when funding will be made available. Therefore, it is unlikely that this action will be completed within the timeframe originally highlighted. Buckie and Portessie 45504 Flood scheme or works implementation The flood scheme/works is to be built following agreement of the design, costs and timescales. Moray Council RED This action was subject to funding agreements being in place for Cycle 2 Flood Schemes. At present, there is no indication of when funding will be made available. Therefore, it is unlikely that this action will be completed within the timeframe originally highlighted. Buckie and Portessie 45505 Community engagement Community engagement is to continue to be carried out in the area by the responsible authorities to raise awareness of flood risk. Moray Council GREEN Moray Council has undertaken two community engagement events in this area— one focused on the implementation of the Coastal Adaptation Plan and another on Property Level Protection. We will continue to carry out engagement activities as and when appropriate. Page 49
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Buckie and Portessie 45506 Sewer flood risk assessment The volume of water that would overwhelm the sewer system and cause flooding from manholes or inside our homes is to be assessed, to support understanding of the performance of the urban drainage network Scottish Water AMBER This action is on course to deliver within Cycle 2, however the programme of studies has been delayed due to data sharing challenges. This is due to a requirement to ensure consistency of assessment by using the same underlying datasets as SEPA's updated pluvial mapping project. Buckie and Portessie 45507 Surface water management plan Areas at risk of heavy or prolonged rainfall causing flooding due to water ponding on man-made surfaces or overwhelming the drainage system have been identified. Next steps in managing such water ponding or over-whelmed drainage systems have been identified and should be implemented. The plan is to be reviewed and updated as needed. Moray Council GREEN We will continue to review the Surface Water Management Plans following significant events to determine their ongoing appropriateness. Buckie and Portessie 45508 Strategic mapping improvements SEPA will continue to update flood maps based on new information. SEPA GREEN The coastal flood hazard maps for the Outer Hebrides and northeast Scotland were updated and published in November 2023. This action is complete. Buckie and Portessie 45509 Flood warning maintenance The Floodline flood warning service is to be kept operational through maintenance to the existing system and updates being undertaken as required. SEPA GREEN SEPA will continue to maintain the flood warning service. Page 50
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Report to: Economic Development and Infrastructure Services Committee Meeting Date: 11 November 2025 Report by: Executive Director Economy, Enterprise and Operations Author: Paul Wolverson Contact Email: paul.wolverson@moray.gov.uk Subject: Overnight Stays by Campervans and Motorhomes 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to inform members of the outcome of the public consultation and seek approval on the direction of travel with regards introducing an overnight stay initiative for campervan and motorhomes at designated sites in Moray. 1.2 This report is submitted to Council in terms of Section III (F) (11) of the Council's Scheme of Administration relating to exercising Council functions in relation to Open Spaces and section (28) the promotion of tourism in Moray. 2. SUMMARY 2.1 On 4 February 2025 Members of this committee approved that a public consultation exercise be undertaken with regards the introduction of an overnight stay scheme for campervans and motorhomes at certain designed sites across Moray. 2.2 This reports sets out the results of the public consultation and ask Members to decide on the direction of travel with regards the introduction of an overnight stay scheme. 3. RECOMMENDATIONS – 3.1 The Committee is asked to: i) Consider and note the contents of this report and the outcome of the public consultation ii) Consider the options in section 10 and Approve Option 3, the implementation of a 12 month pilot at Burghead Item 7. Page 53
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iii) Approve that the findings of the pilot are reported back to this committee to assist in the future decision-making process and next steps with regards an overnight stay initiative Author Name: Paul Wolverson Job Title: Service Manager, Environmental Services 4. BACKGROUND AND CONTEXT 4.1 A report was presented to this committee on 4 February 2025 (para 6 of the minute refers) regarding the proposal to introduce an overnight stay initiative for campervan and motorhomes at designated sites across Moray. A link to the report is shown here. 4.2 Committee approved that a public consultation exercise be undertaken to gather the views on the proposal, with the outcome of the consultation being reported to committee to inform the decision-making process, and potential next steps, with regards the initiative. 5. THE PROPOSED SCHEME 5.1 If an overnight scheme were to be introduced, it is proposed that the scheme would follow the principles outlined below: • Overnight parking only • Only self-contained motorhomes/campervans with onboard facilities will be allowed to use the sites • Restricted to one night only • There would be no provision of waste disposal points • Setting up of benches, chairs and awnings would not be permitted • Overnight parking charges of £7 • Overnight hours relate to 6pm to 10am • Restriction on the number of overnight campervan spaces • Signage erected to signpost site users to local waste facilities and campervan sites 5.2 Dependant on the option selected, there will be the ability to review these principles to ensure they remain appropriate. One such opportunity would be as part of evaluating the outcome of a pilot scheme, if that option is selected. 6. PROS AND CONS OF HAVING A SCHEME IN PLACE FOR OVERNIGHT STAYS AT DESIGNATED SITES 6.1 The pros and cons associated with having a scheme in place for overnight stays for campervan and motorhomes are shown in the table below: Pros Cons The responses from the consultation were supportive of introducing a scheme May increase visitor numbers which some residents may not like Would mean the Council has a formal scheme and designated parking for Would restrict the availability of car parking spaces for other site users Page 54
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overnight stays for campervan and motorhomes Would provide tourists with dedicated sites to plan their journeys Potential costs associated with implementing an overnight stay scheme include: signage, white lining Provision of designated overnight parking could attract visitors to an area so boosting the local economy Could increase workload for other Council teams, i.e. setting up Car Parking Orders, Enforcement of non- payments Could generate income for the Council which could be used to support or finance monitoring of the scheme Payment would be by card only so the method of payment would be limited Potential to include designated sites into the Councils current mobile app for making car park payments Might increase demand on services if infrastructure or resources aren’t there to support a new approach - e.g. waste management, maintenance of car parks, toilets, water supply etc Scheme would be limited to only a small number of suitable sites 7. ENFORCEMENT 7.1 It is proposed that if an overnight parking initiative of some sort is introduced, payment will initially be made on a voluntary basis by the user. There will be no enforcement against non-payments. 7.2. In order to be able to take enforcement action against non-payment for parking, a car parking order must be placed on the site. To be able to place a car parking order on a site, there is a formal Car Parking Order consultation and approval process which would need to be undertaken. 7.3 Whilst income would be generated from any enforcement of non-payments from overnight stays, if the primary purpose is to balance community interest and tourism, and payment in the first instance is reliant on goodwill rather than enforcement, it is proposed that seeking car parking orders is a secondary consideration of the scheme, if a scheme or pilot is introduced. 7.4 It should therefore be noted that at this stage, no matter which option is implemented, the current position of not being able to take any enforcement regarding overnight parking, at any Council car park without a car parking order, remains in place, and the reliance of advisory signage is the preferred mechanism to address any issues with non-authorised overnight parking. 8. COST IMPLICATIONS 8.1 As reported in the original report on 4 February 2025 there are associated cost implications with introducing and setting up an overnight scheme at all the proposed locations. The estimated set up costs for an overnight scheme across the sites outlined in the original February report are shown below: Page 55
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Element Cost Signage £9,000 Demarcation of spaces £2000 Total £11,000 8.2 However, if a pilot is introduced at Burghead, the costs can be met within existing budgets, and using existing infrastructure such as the car park payment app. Any income derived from the scheme would be used to off set the cost associated with production and installation of signage, or other associated maintenance costs during the pilot period. 9. SUMMARY OF CONSULTATION RESPONSES 9.1 The public consultation ran from 15 April 2025 to 16 May 2025. A total of 2262 responses were received, with 1096 responses being received from people who indicated that they live in Moray. A copy of the of the results is shown in the Appendix. 9.2 For analysis purposes, the consultation responses were broken down into two categories, these being Moray Resident Responses and the Non-Moray resident responses. The key points to extract from the consultation are as follows: • 74.47% of Moray residents responses and 95.15% of non-resident responses supported the introduction of an overnight stay scheme (question 8) • 87.18% of Moray resident responses and 90.76% of non-resident responses stated that there should be a charge if a scheme is introduced (question 17) • 54.02% of Moray resident responses and 73.88% of non-resident responses indicated that a charge of £7 seems appropriate (question 18) • 68.56% of Moray residents responses and 73.78% of non-resident responses indicated that the proposed overnight period of 6pm to 10am was appropriate (question 20) • 62.32% of Moray residents responses and 50.61% of non-resident responses stated that restricting the overnight stay to one night was appropriate (question 22) • 55.03% of Moray residents and 91.54% of non-resident responses indicated that the introduction of an overnight scheme would encourage them to visit the area (question 27) 10. OPTIONS 10.1 The options considered available are shown below: Option Number Option 1 Do not implement a formal overnight stay scheme 2 Implement the scheme across suitable sites in Moray 3 Implement a 12 month pilot scheme at Station Road car park, Burghead 10.2 The responses from the consultation showed a majority support for the introduction of an overnight stay initiative, though concerns were raised relating to matters such Page 56
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environmental issues or uptake if payments are voluntary. It is therefore recommended that before any wholesale roll out of an overnight scheme is considered, that a pilot scheme is introduced to allow monitoring and further assessment of both the positive aspects, and the negative, associated with an overnight stay initiative. 10.3 It is proposed that a pilot is run at Station Road car park, Burghead during 2026/27. The site is selected on the following basis: • This site has waste facilities already located nearby at Burghead Harbour. • The costs associated with introducing the trial at Burghead can be met within existing budgets. • Off the 83 responses received from residents who indicated they reside in Burghead, 70% indicated that they support the introduction of a formal overnight stay scheme. • Burghead and Cummingston Community Council have confirmed that they are supportive of a pilot being trialled. 11. REVIEW OF PILOT AND REPORT BACK 11.1 If a pilot is implemented, in order to inform the future direction of an overnight stay initiative it is important to be able to evaluate the successes, any learning and any negative aspects from the pilot. To assist with this process, a series of indicators will be monitored during the period April 2026 to November 2026. This period has been selected as it viewed as the peak period for campervan users, but also, this will allow information to be reported back to committee in time for any decision to be made with regards an overnight stay initiative for the following year (2027/28). 11.2 The following indicators will be included to measure the outcome of the pilot: • Income generated • Number of public complaints received related to the initiative, such as littering, noise, car parking availability, non-compliance with scheme principles. • Number of compliments received regarding the pilot • Any feedback from users • Any feedback from the community • Observational feedback from waste and open spaces teams regarding litter, waste or site maintenance • Observational accounts of the number of campervans on site. There are insufficent resources to undertake this as a dedicated task, so monitoring will only be done by staff when in the area and as part of their routine works. 11.3 Any factors or new indicators that emerge during the pilot period will also be included in the analysis. 11.4 Following the conclusion of the pilot, a further report will be brought to this committee outlining the findings from the pilot exercise. This information can then be used to inform the decision-making process with regards any wider roll out of an overnight initiative. Page 57
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12. SUMMARY OF IMPLICATIONS 12.1 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 and Biodiversity Impact X 12.2 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 12.3 Policy and Legal The report sets out an approach to balance different policy interests regarding building a stronger economy, encouraging tourism, and our approach to places and communities. 12.4 Financial Any financial implications relating to this report are dependent upon the option selected. As set out in the report, if the decision is that a pilot is introduced there will be no budget pressure created as costs can be met from within existing budgets. The income generated from the pilot will be used to contribute to the cost of the signage and /or any associated costs of the pilot . If the scheme is expanded further, then additional funding, as shown in section 8 (cost implications section) will need to be approved by Council. Page 58
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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 12.5 Risk The risk implications arising directly from this report are that the results of the consultation are not unanimous across communities with regards to whether overnight stays are considered acceptable within an area. Without a clear and consistent position on campervan/motorhome overnight stays we will not have a management framework in place to manage this issue and to support communities dealing with the increase in motorhome activity. 12.6 Staffing There are no staffing implications arising directly from this report. Although there could be resource and staffing implications in the future dependant, upon whether a formal policy is adopted, and how this is monitored and managed 12.7 Best Value and Transformation Supporting local tourism in accordance with the views of local resident does meet the criteria for Best Value and Transformation. 12.8 Property There are no material property implications arising from this report. 12.9 Information Communications/Technology/Digital There are no Information Communications/Technology/Digital implications arising from this report. The system used to take and process voluntary payments is an existing system within the Council. 12.10 Equalities, Social Inclusion and Economic Impact Concerns relating to blue badge holders were referenced in the public consultation. Given the sites identified will still provide adequate parking for other users, it is considered that there will not be any equalities or social inclusion impact. The introduction of a formal overnight scheme may encourage tourism and by association improved economic benefits to an area. 12.11 Climate Change and Biodiversity Impacts There are no specific climate change or biodiversity impacts arising from the report Page 59
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13. CONSULTATION 13.1 This report has been prepared in consultation with Executive Director Economy, Enterprise and Operations, Head of Operations and Environment, Chief Financial Officer, Service Manager: Legal Services, Open Spaces Manager, R Geddes-Stewart, Senior HR Adviser, Equal Opportunities Officer, and L Rowan, Committee Services Officer and any comments made have been incorporated into the report. 14. BACKGROUND PAPERS 14.1 Report to ED&I Committee on 4 February 2025 Appendix 1 Page 60
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Report to: Economic Development and Infrastructure Services Committee Meeting Date: 11 November 2025 Report by: Executive Director Economy, Enterprise and Operations Author: Nicola Moss and Beverly Smith Contact Email: nicola.moss@moray.gov.uk beverly.smith@moray.gov.uk Subject: Operations and Environment and Growth, Planning and Climate Capital and Revenue Budget Monitoring to 30 September 2025 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to scrutinise and note the quarter one and quarter two position of 2025/26 regarding Operations and Environment and Growth, Planning and Climate 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 one and quarter two budgetary position 2025/2026 and comments on variances for the Revenue and Capital budgets for the period to 30 September regarding Operations and Environment and Growth, Planning and Climate, Revenue and Capital budgets. 3. RECOMMENDATIONS 3.1 It is recommended that Committee scrutinise and note the quarter one and quarter two budget position for 2025/2026. Nicola Moss, Head of Operations and Environment Item 8. Page 105
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Beverly Smith, Head of Growth, Planning and Climate (Chief Planning Officer) 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. 4.2 Savings and increased charges to the Revenue budget were approved when the budget was set by Moray Council on 26 February 2025 (paragraph 3 of the minute refers). Updates have gone to Moray Council quarterly as part of the full budget monitoring. 5. Q1 and Q2 REVENUE BUDGET PERFORMANCE 5.1 Operations & Environment Quarter 1 results are often impacted by timing issues, and the position at Quarter 2 shows that overall the services are within budget. The detail of Q1 is set out in Appendix 1. 5.2 The table below shows Operations and Environment Revenue Budget position for Q2 2025 / 2026. Service Area ANNUAL BUDGET Q2 BUDGET Q2 ACTUAL+ COMMITTED VARIANCE £000s £000s £000s £000s Environmental Services 19,085 8,972 8,857 115 Roads and Fleet 3,749 1,346 1,258 88 Engineering Design 1,079 544 661 -117 Harbours and Transportation 6606 2750 2599 151 Operations and Environment - Directorate 219 112 108 4 Operations and Environment - Efficiency savings -539 0 0 0 Operations and Environment Admin / Support /H&S 543 286 266 20 Total 30,742 14,010 13,748 261 Underspend Page 106
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5.3 Environmental Services The table below show Environmental Services Revenue Budget information for Q2 2025 /2026. Service Area Annual Budget Q2 Budget Q2 Actual + Committed Variance £000s £000s £000s £000s Waste Management 8,847 4,092 4,036 56 Open Spaces 1,899 887 881 6 Building Cleaning and Catering 8,839 3,993 3,940 53 Total 19,085 8,972 8,857 115 Underspend 5.4 Waste is underspent in quarters 1 and 2 by £57K. Tipping income (£70K overspend), Trade Waste income (£29K overspend) and Green Waste income (£32K overspend) are currently not meeting target. However recycling net income is higher due to a favourable recycling market (£79K underspend) and the income from Dallachy gas is above budget (£10K underspend). Fuel costs are also less than budgeted (£91K underspend) with a contributing factor to this being the cessation of using the BOMAG compactor at Dallachy Landfill. 5.5 Open Spaces are currently achieving a slight underspent of £6,000 over quarters 1 and 2. Income from areas such as burials are currently below target (£87,000 overspend) but this could be due to budget profiling and the situation will be monitored over the remaining quarters. This overspend has been off-set by underspends in other areas such as staffing and property costs over Open Spaces. The impact of dealing with Storm Floris and Amy may also impact on the budgetary position over the remaining quarters with works to address tree damage still on-going. 5.6 Building Catering and Cleaning are currently underspent by £53,000. The underspend over quarters 1 and 2 has been achieved mainly due to favourable income against the budget from the secondary school meals. The situation will continue to be monitored throughout the remaining quarters. 5.7 Savings position at Q2 2025/2026 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 Page 107
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Description Amount Posted Balance Status* Reason for balance Approved when 2025/2026 budget set £000s £000s £000s Waste Management- Dallachy -630 0 -630 Capping undertaken during both Q1/Q2. Review of budgets to follow in Q3 to establish saving figure to be posted. Waste Management – Reduce HWRC (Household Waste Recycling Centre) opening hours (close 1 weekday) -50 -22 -28 Original template suggested a number of sites would close but this proposal was reduced. Full saving will not be met. Waste Management- Close Dallachy HWRC -10 -10 0 N/A Waste Management- Dallachy Closure -30 0 -30 To be reviewed along with £630k above in Q2 Open Spaces – full cost recovery from HRA (housing revenue account) of inspection of play areas -28 -18 -10 £18k taken in Q2. £10k currently being retained. 5.8 Roads Maintenance and Fleet Services The table below shows Roads and Fleet Revenue Budget information for Q2 2025/2026. Service Area Annual Budget Q2 Budget Q2 Actual + Committed Variance £000s £000s £000s £000s Roads Management 5252 1895 2026 -131 Fleet Services -1503 -549 -768 219 Total 3,749 1,346 1,258 88 Underspend 5.9 The projected £131K overspend at Q2 within the roads management budget relates to works that have been identified for repair and show as committed against the budget. Not Page 108
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all of these works will be completed to date and some will be work in progress. This will be closely monitored through Q3 and Q4 to ensure no overspend occurs. 5.10 There is currently a reported £219k over recovery within fleet services. This relates to timing of internal fleet charges against service budgets. The recharges are currently being reviewed to ensure over recovery is accounted for. 5.11 Savings position at Q2 2025/2026 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 Amount Posted Balance Status* Reason for balance Approved when 2025/2026 budget set £000s £000s £000s Roads Management – Roads Maintenance hire out of machinery -50 0 -50 New machine was late arriving due to supply chain issues. Initial Interest from other LA’s has not materialised to date. Fleet – Lease Specialist Vehicles -76 0 -76 It is unlikely that this will achieve savings this financial year but a full review is in progress. Roads Management – Gully Cleaning -50 0 -50 This saving will be achieved 25/26. Roads Management – Street Lighting -50 -42 -8 Small variance, however £42k saving achieved to date. Fleet – Restructure DAR 0 -24 24 N/A 5.12 Design Consultancy The table below shows Design Consultancy Revenue Budget information for Q2 2025/2026. Annual Budget Q2 Budget Q2 Actual + Committed Variance £000s £000s £000s £000s 1,079 544 661 -117 Overspend Page 109
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5.13 The revenue budget for Engineering Design shows a £117k overspend, this principally relates to the rate of recharging staff time to capital, and early spend on infrastructure maintenance. At this stage the team is forecasting a balanced outturn at year end. 5.14 Harbours and Transportation The table below shows Transportation and Harbours Revenue Budget information for Q2 2025/2026. Service Area Annual Budget Q2 Budget Q2 Actual + Committed Variance £000s £000s £000s £000s Harbours and Traffic and Transportation Management 6,606 2,750 2,599 151 Underspend 5.15 There is an overall underspend of £151,000 at the end of Q2 primarily as a result of quarter 1 showing advance income from Harbour operations (film set income) and increased income from road closures, street occupations and internal minibus hires. The spend profile for the remaining quarters will continue to be monitored as within the detail there are some areas where budgets are not being met – including car park income. Growth, Planning and Climate 5.16 Service Area Annual Budget Q2 Budget Q2 Actual + Committed Variance £000s £000s £000s £000s Economy and Enterprise 883 1,016 1,015 1 Strategic Planning and Development 122 (57) (57) 0 Moray Growth Deal 158 84 82 2 Total 1,163 1,043 1,040 3 5.17 The Q1 & Q2 variance in Growth, Planning and Climate consists of a number of minor timing variances with no issues to report. CAPITAL BUDGETS 5.18 Environmental Services Project Capital Budget 2025/26 Q1 Forecast Q1 Actual Q2 Forecast Q2 Actual Q2 Variance Page 110
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£000s £000s £000s £000s £000s £000s Waste Mgt Dallachy Landfill site final capping 1,368 20 20 870 940 -70 Upgrade Recycling Centres (building) 40 12 12 0 0 0 Upgrade Recycling Centres (equipment) 25 25 25 0 0 0 Domestic and Trade Waste Bins 63 -23 -23 17 17 0 NESS Energy from Waste 150 0 0 0 0 0 Project Capital Budget 2025/26 Q1 Forecast Q1 Actual Q2 Forecast Q2 Actual Q2 Variance Open Spaces Cemetery Provision in Elgin 3,334 69 69 1,557 453 1,104 Cemetery Provision in Moray 0 5 5 0 1 -1 Parks and Open Spaces Infrastructure 0 0 0 0 0 0 Children’s Play Areas (Scottish Government funded) 659 3 3 207 203 4 TOTAL 5,639 111 111 2,651 1,614 1,037 5.19 The final capping works at Dallachy were concluded in Q2. Whilst showing an overspend in Q2, the overall works will be within the full year budget. 5.20 The upgrade of the recycling centre relates primarily relates to upgrading the access and vehicle parking at Moycroft. The land has now been purchased, and the waste service is in correspondence with Transportation on the design works for the access. It is currently estimated that construction works will take place in quarter 4 of 2025/26. Page 111
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5.21 New skips have been purchased for the HWRC sites using the available budget. The remaining budget for purchasing domestic and trade bins will be spent in the remaining quarters of 2025/26. 5.22 The construction work for Elgin Cemetery is on track for completion by December 2025. This will allow for a 12 month period for settlement before the cemetery is required for burials (currently projected to be circa quarter 4 of 2026/2027). The underspend in quarter 2 is a combination of delays in billing and value engineering exercises. 5.23 As previously reported to this committee on 29 April 2025, due to the incorrect application of capping at the beginning of the financial year, there is currently no budget allocation for the cemetery provision in Moray or parks and open spaces infrastructure. It is anticipated that this will be addressed by Finance in quarter 3, and there will be a reinstatement of the budget. The budget will then be used, in part, to address the small amount of spend currently showing in the cemeteries budget for quarters 1 and 2. 5.24 The upgrade of the play areas is on track in accordance with the planned scheduled. Further spend will be incurred in quarters 3 and 4 . Whilst orders will be committed in 2025/26, installation timelines will mean that completion of the main play areas scheduled for an upgrade in 2025/26 will be completed in 2026/27. 5.25 Roads Maintenance and Fleet Services Capital Project Capital Budget 2025/ 2026 Q1 Forecast Q1 Actual Q2 Forecast Q2 Actual Q2 Variance £000s £000s £000s £000s £000s £000s Roads Improvements Carriageway resurfacing/ reconstruction / surface dressing 2,465 330 330 1,908 1,661 247 Drainage and other works 270 37 37 15 8 7 Footways 50 9 9 9 19 -10 Street Lighting Street Lighting 522 67 67 154 274 -120 Fleet Vehicle Replacement Programme 2,361 352 352 690 888 -198 MOT Spend to Save 50 50 50 0 -1 1 TOTAL 5,718 845 845 2,776 2,849 -73 Page 112
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5.26 There is a £247k variance against the carriageway resurfacing/reconstruction and surface dressing budget. This variance is attributed to timing of works being completed and claims being progressed through the financial accounts. Programmes of work for the total budget of £2,465m have been developed and communicated and it can be reported with confidence that this budget will be fully spent at end of Q4. 5.27 There is little spend in Q2 against the drainage and other works budget as this relates to drainage/ditching works which are historically completed in the winter months. This is to allow staff resources to focus on completing the resurfacing works during the summer months. 5.28 The footway budget is reporting a £10k overspend at Q2. One of the identified schemes has been completed earlier, in conjunction with a carriageway scheme. It is projected the £50k budget will be spent at the end of Q4. 5.29 The street lighting column replacement budget is reporting an overspend of £120k. The programme has been accelerated to make use of the summer weather. Resources will be diverted onto revenue maintenance repairs and annual testing programme during the winter months. It is not predicted to overspend at year end. 5.30 Design Consultancy Capital (including Harbours Infrastructure) Project Capital Budget 2025/26 Q1 Forecast Q1 Actual Q2 Forecast Q2 Actual Q2 Variance £000s £000s £000s £000s £000s £000s Bridges A941/340 New Bishopmill Bridge 420 4 4 46 5 41 B9015/30 Sourden 0 0 0 0 0 0 U57H/11 South Arndilly 0 0 0 0 0 0 Removal of Footbridges 0 0 0 0 0 0 Blackhills Culvert 335 71 71 19 293 -274 Sanquhar Loch Footbridge 0 0 0 0 0 0 Road Improvements B9016 Landslip Repair 65 0 0 33 3 30 C1H Landslip 345 1 1 100 8 92 Glenlivet 70 0 0 17 18 -1 Page 113
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15 Main St Buckie retaining wall 30 0 0 17 0 17 Buckie North Street Wall 150 0 0 7 37 -30 Landslip Feasibility Studies 23 0 0 0 10 -10 A939 Landslip Creag Chalcaidh Quarry 175 137 137 0 0 0 Flood Risk and Coastal Mgt Coastal Adaption Plan 20 0 0 0 0 0 Coastal Adaption Plan – Real Time Monitoring 102 13 13 53 44 9 Anti Tank Assessment 36 0 0 0 0 0 Project Capital Budget 2025/26 Q1 Forecast Q1 Actual Q2 Forecast Q2 Actual Q2 Variance Lossiemouth Christmas Trees- Phase 2 19 1 1 0 0 0 Development of Simple Assessment Guide 23 1 1 9 10 -1 Cullen Seawall assessment 75 0 0 36 0 36 Millbuies drawdown 75 0 0 1 0 1 Findhorn Coastal Erosion 10 10 10 0 0 0 Harbours Navigation Light Buckie Harbour 125 0 0 125 109 16 West Pier Buckie Harbour 0 0 0 0 0 0 Buckie Weighbridge 22 21 21 1 0 1 Pier 1 joints 124 0 0 13 16 -3 Page 114
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Harbour Capital life expired 243 0 0 109 7 102 Pontoons 33 0 0 0 0 0 Portknockie North Pier Wall 114 0 0 88 100 -12 Portknockie Middle Pier Design 35 0 0 34 12 22 Cullen Viaduct repairs 2 0 0 1 2 -1 Cullen West Pier 49 0 0 0 0 0 TOTAL 2,720 255 255 709 674 35 5.31 Although there is only a small variance across all projects, there is a pressure with Blackhills Culvert being significantly higher than estimated for budget purposes. The timing of other projects is being adjusted along with managing underspends from other schemes in order to deliver a balanced outcome at year end. 5.32 Transportation Capital - The table below shows Transportation Capital Budget information for 2025 /2026. Project Capital Budget 2025/ 2026 Q1 Forecast Q1 Actual Q2 Forecast Q2 Actual Q2 Variance £000s £000s £000s £000s £000s £000s Car Parks Multi-storey car parks 530 2 2 97 412 -315 Car Parks 22 0 0 0 0 0 Traffic Road Safety Provision 70 0 0 30 9 21 Disability Adaptions 40 3 3 12 16 -4 New Road Signs and Markings 45 8 8 20 10 10 Traffic data Collection Equipment 20 5 5 15 0 15 Traffic Signal Replacement 72 0 0 22 14 8 Page 115
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Active Travel Active Travel 500 0 0 145 108 37 TOTAL 1,299 18 18 341 569 228 5.33 Whilst there was no variance at Q1, projected expenditure for quarter 2 and quarter 3 is significantly higher and as expected as capital spend commences on delivery of projects. This spend profile will continue to be monitored throughout the remaining quarters to ensure any variances are minimised. The largest variance in Q2 relates to spend associated with the waterproofing works at Batchen Lane Car Park which has progressed at speed. This will result in lower spend in later quarters as these works represent the majority of the budget available. Other smaller variances relate to adjustment to the spend profile as works are awarded. This will continue to be monitored. Growth, Planning and Climate Capital Budget 5.34 Economy and Enterprise Capital – The table below shows Economy and Enterprise Capital Budget information for 2025/2026 Project Capital Budget 2025/ 2026 Q1 Forecast Q1 Actual Q2 Forecast Q2 Actual Q2 Variance Funded Spend £000s £000s £000s £000s £000s £000s Town Centre Initiative Fund (match funding FCHS) Forres Conservation & Heritage Scheme 304 0 0 0 0 0 PBIF Place Based Investment (match funding for FCHS) 202 0 0 0 0 0 TOTAL 506 0 0 0 0 0 5.35 Forres Conservation & Heritage Scheme (FCHS) is a 5-year delivery programme and no spend is forecast in Q1 and Q2. Capital spend will commence on delivery of projects. Page 116
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5.36 Moray Growth Deal – The table below shows Moray Growth Deal Capital Budget information for Q1 2025/2026. Project Capital Budget 2025/ 2026 Q1 Forecast Q1 Actual Q2 Forecast Q2 Actual Q2 Variance £000s £000s £000s £000s £000s £000s Moray Growth Deal 10,855 1,498 1,498 1,190 1,006 184 5.37 Underspend variance is a result of delays experienced moving the Business Enterprise Hub delivery as this has slipped from Q2 meaning the project was unable to submit a Q2 claim and planned Digital Health expenditure moving between quarters in the financial year. 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. Page 117
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☐ 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 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 Page 118
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will be subject to an individual integrated impact assessment (IIA) to identify any specific 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 7.1 This report has been prepared in consultation with Executive Director Economy, Enterprise and Operations, Head of Operations and Environment, Head of Growth, Planning and Climate (Chief Planning Officer), Chief Financial Officer, Service Manager, Legal Services, Equalities Officer, L Rowan, Committee Services Officer, R Geddes-Stewart, Senior HR Adviser , Operations and Environment Management Team and Budget Managers. Any comments have been taken into consideration. 8. BACKGROUND PAPERS 8.1 None. Page 119
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Appendix 1 Operations & Environment Quarter 1 Revenue Budget Position Service Area Annual Budget Q1 Budget Q1 Actual & Committed Variance £000s £000s £000s £000s Environmental Services 18,853 3,596 3,581 15 Roads and Fleet 3,346 466 1,139 -673 Engineering Design 1,077 298 329 -31 Harbours and Transportation 6,219 1,163 1,014 149 Operations and Environment - Directorate 213 52 50 2 Operations and Environment - Efficiency savings -791 0 0 0 Operations and Environment Admin / Support /H&S 528 144 140 4 Total 29,445 5,719 6,254 -535 Overspend Environmental Services – The table below show Environmental Services Revenue Budget information for Q1 2025 /2026. Service Area Annual Budget Q1 Budget Q1 Actual + Committed Variance £000s £000s £000s £000s Waste Management 8,832 1,198 1,198 0 Open Spaces 1,834 400 392 8 Building Cleaning and Catering 8,187 1,998 1,991 7 Total 18,853 3,596 3,581 15 Underspend Page 120
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Roads and Fleet – The table below shows Roads and Fleet Revenue Budget information for Q1 2025/2026. Service Area Annual Budget Q1 Budget Q1 Actual + Committed Variance £000s £000s £000s £000s Roads Management 5,150 930 1,740 -810 Fleet Services -1,804 - 464 -601 137 Total 3,346 466 1,139 -673 Overspend Engineering Design – The table below shows Engineering Design Revenue Budget information for Q1 2025/2026. Annual Budget Q1 Budget Q1 Actual + Committed Variance £000s £000s £000s £000s 1,077 298 329 -31 Overspend Harbours and Transportation – The table below shows Harbours and Transportation Revenue Budget information for Q1 2025/2026. Service Area Annual Budget Q1 Budget Q1 Actual + Committed Variance £000s £000s £000s £000s Harbours and Traffic and Transportation Management 6,219 1,163 1,015 149 Underspend Page 121
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Growth, Planning and Climate Quarter 1 Revenue Position The table below shows Revenue Budget information for Q1 2025/2026. Service Area Annual Budget Q1 Budget Q1 Actual + Committed Variance £000s £000s £000s £000s Economy and Enterprise 868 521 514 7 Strategic Planning and Development 13 7 7 0 Moray Growth Deal 162 59 58 1 Total 1,043 587 579 8 Page 122
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Report to: Economic Development and Infrastructure Services Committee Meeting Date: 11 November 2025 Report by: Executive Director Economy, Enterprise and Operations Author: Suzanne Wilson Contact Email: performance@moray.gov.uk Subject: Performance Report (Environmental and Commercial Services) – Period to September 2025 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to scrutinise performance in areas of Service Planning, Service Performance and other related data to the end of September 2025 and note actions being taken to improve performance where required. 1.2 This report is submitted to Committee in terms of Section III (A) (4) of the Council’s Scheme of Administration to monitor performance in accordance with the Council’s Performance Management Framework. 2. SUMMARY 2.1 At the end of September 2025, actions relating to the Environmental and Commercial Services Service Plan for 2025-28 was 78% complete. Progress against Service Plan Priorities and operational Service Performance Indicators is presented in the table and charts below. Item 9. Page 123
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3. RECOMMENDATIONS 3.1 It is recommended that Committee scrutinises and notes performance in areas of Service Planning, Service Performance and other related data to the end of September 2025 and note actions being taken to improve performance where required Suzanne Wilson Research and Information Officer 4. BACKGROUND AND CONTEXT 4.1 Each service plan sets out the planned strategic and service level priorities and outcomes it intends to deliver in the coming year aligning closely with financial planning, corporate and community planning partnership strategic priorities. 4.2 Service Plan actions are weighted to reflect priority ratings. Actions with higher priorities receive greater weightings which contribute more to the overall delivery of the Plan. Progress on Service Plan priorities and outcomes and key areas of operational performance is reported by exception, highlighting successes and giving assurances around the challenges and actions to support. Links to Service Plan Actions, priority ratings and weightings and Performance Indicators can be accessed within the background papers section of this report. 4.3 Complaints are reported in terms of time taken to respond, outcomes and learning points. Links to Complaints tables can be accessed within the background papers section of this report. Page 124
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4.4 Latest Local Government Benchmarking Framework (LGBF) results for 2024/25 are published throughout the year with final refresh of data around June 2026. The full suite can be view via the LGBF Dashboard. Published indicators for this service have been incorporated with the relevant section of this report depending on whether used to evidence progress against strategic, service level or service performance priorities. LGBF indicator targets and RAG status in the backing tables is now based on ranking thresholds aligning with exception reporting. 4.5 The Sustainable Development Statement was approved by the Corporate Committee on 5 November 2024 (para 16 of the Minute refers). The Statement draws out the way in which sustainable development is embedded in the Corporate Plan 2024-29 and wider corporate policies, strategies, and plans with progress being reported through several updates and reports, one of which is quarter 4 performance reporting. Service Plan actions and indicators that underpin the delivery of Sustainable Development Goals are highlighted in the backing table documents and comment where relevant is incorporated in this report. An overview of progress will be presented in the annual Corporate Plan progress update. 5. PROPOSALS Successes – Service Plan Strategic and Service Level Outcomes and operational Service Performance 5.1 Good progress has been made with the Bus Revolution project with all planned milestones complete. Recruitment challenges delayed the launch of the weekend Speyside service (no. 691) however this is now expected to go ahead in October. In addition, work to support future public transport planning is progressing with an evaluation of hidden demand and an AI simulation of scope and costings. (Strategic Level Action ECS25-28 Strat 4.1) 5.2 Following presentation of a business case to ECLT in June, agreement has been reached that a Council owned Pool Car scheme is the most efficient operating model. To increase uptake, internal promotion of the scheme is planned through the staff website and newsletter. Clearer responsibility for the scheme will also be achieved with a restructure of roles within the service. (Service Level Action ECS25-28 Serv 5.3.2) 5.3 Consultation of the Buckie Harbour Masterplan, approved at the meeting of this committee on 17 June 2025 (para 9 of the minute refers), is complete. Running for a period of four weeks, responses from key stakeholders such as the Buckie Harbour Advisory Committee, local businesses and community members and renewable sector representatives, were overwhelmingly positive. As delegated authority is already agreed, publication of this plan will now go ahead alongside the commissioning of the socio-economic impact assessment commencing in October. (Service Level Action ECS25-28 Serv 5.4.1) Page 125
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Challenges and actions to support – Service Plan Strategic and Service Level Outcomes and operational Service Performance 5.4 Due to reporting deadlines, data on passenger journeys for m.connect services is incomplete for quarter 2. While recorded passenger numbers in quarter 1 were below target, it is important to note that targets have recently been revised following the launch of Phase 2 in May to reflect the increased service availability. (Strategic Level PI ECSPT02) 5.5 Competing work demands throughout the first half of 2025/26 have slowed development of the planned Tree Strategy however assessments and proactive works are underway at several parks in Keith, Buckie and Forres. (Service Level Action ECS25-28 Serv 5.1.4) 5.6 Due to challenges around the allocated capital budget, the tender process for construction of the new cemetery at Linkwood Road was delayed. Following a re-evaluation for additional funding, the contract was awarded during quarter 1 and construction of the Cemetery is now underway. With a revised completion date set for December 2025, and a period of ground settlement and site establishment required, new interments are expected to be available from late 2026. (Service Level Action ECS25-28 Serv 5.1.5) 5.7 Progress of the Coastal Adaption Plan is reported at 5% against a due date of December 2025. Initial drafting is complete with plans in place to finalise content during quarter 3, ensuring the agreed deadline is met. (Service Level Action ECS25-28 Serv 5.2.6) 5.8 Improving the efficiency and accuracy of Stores processes will progress out with original completion date of September 2025. A project mandate, covering the required update to the Tranman system, has been shared with ICT as part of the Business System Review process. Work to progress this will continue during the second half of 2025/26. (Service Level Action ECS25-28 Serv 5.3.3) Complaints and MP/MSP Enquiries 5.9 Due to reporting timelines, quarter 2 complaint information is not yet available therefore quarter 1 data is presented. 5.10 A total of forty-six complaints were closed: 44 at Frontline and one at both Investigative and Escalated stages. The average response time for all stages were well within Complaint Handling targets with Frontline complaints closed within 2.91 days, Investigative within 15 days and Escalated within 17. 5.11 21 complaints were Upheld or Part Upheld. 12 related to Household Collections with complaints against staff and mess from refuse lorries most common. Staff have received reminders on customer service best practice and the importance of cleaning vehicles correctly. Page 126
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5.12 Environmental and Commercial Services received twenty-eight MP/MSP Enquiries with twelve concerning Road Safety/Speeding in various locations across Moray. Other common issues were Play Parks, local Bus Services, Road Conditions and Parking. Other Performance (not included in the Service Plan) 5.13 Nothing to report. Case Studies 5.14 Nothing to report. Consultation and Engagement 5.15 A well-attended Levelling Up Fund Active Travel consultation took place in July. Proposals for new Active Travel infrastructure linking the southern part of Elgin to Cooper Park received support although concerns remain around parking, traffic speed and antisocial driving. Feedback received will be used to refine the scheme proposals and has helped identify wider transport concerns and ideas. 5.16 Following confirmation of Scottish Government funding, proposals to introduce 20mph speed limits within settlements across Moray, were published on Moray Engage in August. This engagement page will be kept open for approximately 18 months whilst the temporary traffic orders are in effect. For the promotion of any permanent traffic orders after this date, a public consultation will take place. 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 and Biodiversity Impact X Page 127
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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 The Council has a statutory requirement to publish a range of information that will demonstrate that it is securing best value and assist in comparing performance both over time and between authorities where appropriate. 6.4 Financial None arising from this report. 6.5 Risk None arising from this report. 6.6 Staffing None arising from this report. 6.7 Best Value and Transformation How councils plan for, manage and report on performance is a key area of focus in external audit work, particularly on best value. 6.8 Property None arising from this report. 6.9 Information Communications/Technology/Digital None arising from this report. 6.10 Equalities, Social Inclusion and Economic Impact None arising from this report. Page 128
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6.11 Climate Change and Biodiversity Impacts None arising from this report. 7. CONSULTATION 7.1 This report has been prepared in consultation with the Head of Operations and Environment and relevant Service Managers and any comments made have been incorporated. 8. BACKGROUND PAPERS 8.1 Service Plan Actions Service Plan Performance Indicators Service Performance Indicators Service Complaints Page 129
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Report to: Economic Development and Infrastructure Services Committee Meeting Date: 11 November 2025 Report by: Executive Director Economy, Enterprise and Operations Author: Suzanne Wilson Contact Email: performance@moray.gov. uk Subject: Performance Report (Economic Growth and Development) – Period to September 2025 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to scrutinise performance in areas of Service Planning, Service Performance and other related data to the end of September 2025 and note actions being taken to improve performance where required. 1.2 This report is submitted to Committee in terms of Section III (A) (4) of the Council’s Scheme of Administration to monitor performance in accordance with the Council’s Performance Management Framework. 2. SUMMARY 2.1 At the end of September 2025, the Economic Growth & Development 2025-28 Service Plan was 25% complete. Progress against Service Plan Priorities and Indicators and operational Service Performance Indicators is presented in the table and charts below. Planning-related actions are included in the overall achievement percentage; however, detailed exception reporting of these will be presented to the Planning and Regulatory Services Committee on 16 December 2025. Item 10. Page 131
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3. RECOMMENDATIONS 3.1 It is recommended that Committee scrutinises and notes performance in areas of Service Planning, Service Performance and other related data to the end of September 2025 and note actions being taken to improve performance where required. Suzanne Wilson Research and Information Officer 4. BACKGROUND AND CONTEXT 4.1 Each service plan sets out the planned strategic and service level priorities and outcomes it intends to deliver in the coming year aligning closely with financial planning, corporate and community planning partnership strategic priorities. 4.2 Service Plan actions are weighted to reflect priority ratings. Actions with higher priorities receive greater weightings which contribute more to the overall delivery of the Plan. Progress on Service Plan priorities and outcomes and key areas of operational performance is reported by exception, highlighting successes and giving assurances around the challenges and actions to support. Links to Service Plan Actions, priority ratings and weightings and Performance Indicators can be accessed within the background papers section of this report. 4.3 Complaints are reported in terms of time taken to respond, outcomes and learning points. Links to Complaints tables can be accessed within the background papers section of this report. Page 132
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4.4 Latest Local Government Benchmarking Framework (LGBF) results for 2024/25 are published throughout the year with final refresh of data around June 2026. The full suite can be viewed via the LGBF Dashboard. Published indicators for this service have been incorporated with the relevant section of this report depending on whether used to evidence progress against strategic, service level or service performance priorities. LGBF indicator targets and RAG status in the backing tables is now based on ranking thresholds aligning with exception reporting. 4.5 The Sustainable Development Statement was approved by the Corporate Committee on 5 November 2024 (para 16 of the Minute refers). The Statement draws out the way in which sustainable development is embedded in the Corporate Plan 2024-29 and wider corporate policies, strategies, and plans with progress being reported through several updates and reports, one of which is quarter 4 performance reporting. Service Plan actions and indicators that underpin the delivery of Sustainable Development Goals are highlighted in the backing table documents and comment where relevant is incorporated in this report. An overview of progress will be presented in the annual Corporate Plan progress update. 5. PROPOSALS Successes – Service Plan Strategic and Service Level Outcomes and operational Service Performance 5.1 The pace of Moray Growth Deal activity continues to increase with the target of 7 projects in delivery by the end of this financial year on track. A preferred contractor is in place to lead the redevelopment of Elgin Town Hall; a service provider has been appointed for the Manufacturing Innovation Centre for Moray (MICM) and construction of the EY STEM hub is complete (with fit out due late 2025). 6 of the 8 Deal projects are in delivery, with the seventh (Business Enterprise Hub) at an advanced stage. Work is ongoing with UHI and Robertsons Construction to conclude the development agreement for the South Street site. This will be delayed due to complexities around housing provision on the site. (Strategic Level Action EGD25-28 Strat 4.1) 5.2 The first milestone linked to delivery of the Community Wealth Building Strategy and Action Plan is complete with the launch of the Community Identified Benefits portal. Funded by the UK Shared Prosperity Fund, this portal allows suppliers to support communities to deliver projects and activities. Work is ongoing with legal and procurement to finalise the draft Socio-Economic plan with approaches made to other councils to establish best practice for local business development. (Strategic Level Action EGD25- 28 Strat 4.2) Page 133
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5.3 Three actions relating to Climate Change and Biodiversity are complete. Following approval at Full Council on 27 August 2025 (items 11-12 refers), the updated Routemap to Net Zero has been delivered. Consultation will begin on the draft Biodiversity Strategy while the Just Transition Strategy progresses to the next phase which includes development and shortlisting of bids for the 2026/27 Just Transition Fund. (Service Level Actions EGD25-28 Serv 5.3.1, 5.3.3 and 5.3.4). Challenges and actions to support – Service Plan Strategic and Service Level Outcomes and operational Service Performance 5.4 Work to expand school aged childcare is ongoing. The tender process for provision in Kinloss is complete although work with the Care Inspectorate continues. Pilot schemes in Buckie and Forres also remain in development. Breakfast Club availability however is to increase with 10 schools across Moray receiving a share of £54,000 in Bright Start Funding. (Strategic Level Action EGD25-28 Strat 4.4) 5.5 Target due dates relating to two actions have been extended. An evaluation of the Levelling Up Fund elements of the Elgin City Masterplan has been granted a one-year extension by the UK Government due to the programme of work to be undertaken. This is now expected by March 2028. To reflect some additional work, timelines for developing a Moray Visitor Levy have also been revised. Stage 1 (outline proposals) are now expected by March 2026 with Stage 2 (12-week consultation) by September 2026. (Strategic Level Action EGD25-28 Strat 4.5 and Service Level Action EGD25-28 Serv 5.1.3) 5.6 A newly created indicator to monitor modern and graduate apprenticeships is reported below target. With data cumulative against an annual target of 50, this is expected at this stage and with 24 apprenticeships enrolled at the end of quarter 2, work is on track. (Strategic Level Performance Indicator EGD107) Complaints and MP/MSP Enquiries 5.7 Due to reporting timelines, quarter 2 complaint information is not yet available therefore quarter 1 data is presented. 5.8 During quarter 1, seven complaints were closed: one at Frontline and six at Investigative Stage. Average response times were slightly above Complaint Handling targets, with the Frontline complaints taking 8 days and Investigative complaints taking on average 21.5 days. 5.9 Two complaints were Part Upheld. Staff absence led to delays for one customer while another reported an error with fees. Apologies were provided for both and a reimbursement made in relation to the wrongful charge. 5.10 Economic Growth and Development received 11 MP/MSP Enquiries covering various issues including two relating to Antisocial Behaviour and two relating to Planning. Page 134
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Other Performance (not included in the Service Plan) 5.11 Nothing to report. Case Studies 5.12 Nothing to report. Consultation and Engagement 5.13 The Forres Conservation and Heritage Scheme launched in September with a community open day held at Forres Town Hall. Information on the £1.8 million secured funding and agreed projects was shared along with details of grants and initiatives aimed at preserving Forres’ heritage and improving public spaces and opportunities for learning and community engagement. 5.14 An event aimed at developing the Elgin Regeneration Plan was held in July. Details of UK Government’s Plan for Neighbourhoods was shared with feedback and ideas gathered to help finalise the plan before submission. This event also provided the opportunity to highlight the range of projects being delivered through the Levelling Up Fund and the Moray Growth Deal. 5.15 As part of the roll out of Public Service Improvement Framework (PSIF) self- evaluation sessions, staff from Economic Growth & Regeneration have completed the online PSIF checklist survey; covering areas such as Service Planning, Leadership and Results. Analysis of responses received is ongoing with the next stages of the process to be progressed in quarter 3. 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 and Biodiversity Impact X 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Page 135
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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 has a statutory requirement to publish a range of information that will demonstrate that it is securing best value and assist in comparing performance both over time and between authorities where appropriate. 6.4 Financial None arising from this report. 6.5 Risk None arising from this report. 6.6 Staffing None arising from this report. 6.7 Best Value and Transformation How councils plan for, manage and report on performance is a key area of focus in external audit work, particularly on best value. 6.8 Property None arising from this report. 6.9 Information Communications/Technology/Digital None arising from this report. 6.10 Equalities, Social Inclusion and Economic Impact None arising from this report. 6.11 Climate Change and Biodiversity Impacts Page 136
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None arising from this report. 7. CONSULTATION 7.1 This report has been prepared in consultation with the Head of Growth, Planning & Climate (Chief Planning Officer) and relevant Service Managers and any comments made have been incorporated. 8. BACKGROUND PAPERS 8.1 Service Plan Actions Service Plan Performance Indicators Service Performance Indicators Service Complaints Page 137
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DPIA Version 3.0 Page 1 of 64 Report to: Economic Development and Infrastructure Services Committee Meeting Date: 11 November 2025 Report by: Depute Chief Executive (Economy, Environment and Finance) Author: Garry Macdonald Contact Email: Garry.Macdonald@moray.gov.uk Subject: Blue Badge (Disabled Person’s Parking Concessions) Procedure 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to recommend the Committee consider and adopt the updated Blue Badge (Disabled Person’s Parking Concessions) Procedure. This covers the application for, assessment for, determination of eligibility and costs for a Blue Badge and, administration by the Council of the Blue Badge ‘Scheme’. This is in line with the current criteria set nationally by Transport Scotland and the eligibility criteria relevant to Scotland 1.2 This report is submitted to Committee in terms of Section III (F) (16) of the Council’s Scheme of Administration relating to the exercise of the functions of the Council under the Roads (Scotland) Act 1984 and other relevant legislation (please see the related Blue Badge ‘scheme’ legislation and regulations in Sections 2 and 4 of this report). 2. SUMMARY 2.1 The Blue Badge ‘Scheme’ initially, was the responsibility of the Department for Transport (UK-wide). However, the Blue Badge ‘scheme’ and criteria for a Blue Badge now differ slightly between Scotland and England, with Transport Scotland now setting the criteria for assessment and eligibility nationally, within Scotland. The legislation and regulations relevant to Transport Scotland and, to Blue Badge criteria, eligibility and use in Scotland include, The Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000 (and subsequent Amendment Regulations) the Disabled Persons' Parking Badges (Scotland) Act 2014 and The Disabled Persons (Badges for Motor Vehicles) (Scotland) (EU Exit) Amendment Regulations 2019. Item 11. Page 139
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DPIA Version 3.0 Page 2 of 64 The Blue Badge (Disabled Person’s Parking Concessions) Procedure update reflects the change to a more Scotland-centric approach and criteria since the original procedure was implemented. For example, with reference to the legislation, regulations, assessment and eligibility criteria relevant to Scotland, set by Transport Scotland and, by including terminology specific to the Blue Badge ‘Scheme’ in Scotland. The Blue Badge (Disabled Person’s Parking Concessions) Procedure implements and underpins locally; the national criteria set by Transport Scotland (and which is subject to change from time to time). The procedure describes the process as it is currently in Scotland. Subsequent reviews will reflect any future changes to the framework or criteria made by Transport Scotland. A Short Life Working Group (SLWG) updated the previous procedure, and the attached, updated procedure (Appendix 1) is the result of those meetings and discussions. The SLWG included, the Blue Badge (and Occupational Therapy) Team Manager, an Independent Mobility Assessor (and Occupational Therapist) from the Blue Badge Team, Blue Badge Team Officer, Policy Officer (Children & Families), Community Care Finance Officer and Corporate Finance Officer. Input was also provided by Policy Supervising Manager and the Locality Manager providing delegated authority to the Blue Badge team to administer the ‘scheme’ locally (with support from Transport Scotland where required). The updated procedure was submitted to the Operational Management Team (OMT) for approval and was approved subject to clarifying the ‘scheme of delegation’, and that was clarified with the Locality Manager. The attached, updated procedure (Appendix 1) was approved by our Legal Services Team (Litigation) with one minor change which was implemented. Equalities approved the attached (Appendix 3) Integrated Impact Assessment (IIA) which includes protected characteristics, human rights and rights of the child engaged by the application of the procedure. Data Protection and Information Governance colleagues approved the attached (Appendix 4) Data Protection Impact Assessment (DPIA). 3. RECOMMENDATIONS 3.1 It is recommended that Committee agrees to adopt the updated Blue Badge (Disabled Person’s Parking Concessions) Procedure as attached at APPENDIX 1 subject to the proposed charge for a replacement badge being agreed by Moray Council in accordance with the Council’s process for reviewing charges, as set out in paragraph 5.2. Author Name: Garry Macdonald Job Title: Commissioning & Performance Officer (Adult Care Policies & Procedures) 4. BACKGROUND AND CONTEXT 4.1 The Blue Badge (Disabled Persons Parking Concessions) Scheme was introduced in 1971 under Section 21 of the Chronically Sick and Disabled Persons Act 1970 (“the 1970 Act‟). Page 140
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DPIA Version 3.0 Page 3 of 64 4.2 The aim of the Blue Badge ‘scheme’ is to help disabled people of any age with severe mobility problems to access goods and services, by allowing them to park close to their destination. The Blue Badge ‘scheme’ is open to eligible disabled people irrespective of whether they are travelling as a driver or as a passenger 4.3 The ‘scheme’ provides a national range of on-street parking concessions to Blue Badge holders. It allows them to park without charge or time limit in otherwise restricted on- street parking environments, and allows them to park on yellow lines for up to three hours, unless a loading ban is in place 5. PROPOSALS 5.1 It is proposed that the updated procedure is adopted so that administration of the Blue Badge ‘scheme’ in Moray is fully compliant with legislation and guidance specific to Scotland and administered locally (in line with Transport Scotland guidance and with their support where necessary). 5.2 The update was predominantly to bring assessment and eligibility for, and administration of the Blue Badge ‘scheme’ in Moray, in line with legislation, regulations and guidance specific to Scotland. However, one material change is that a charge (the maximum charge allowable is £20) will now be made for every replacement badge for a lost or stolen Blue Badge. Previously, there was no charge for the 1st replacement lost or stolen Blue Badge. This change was benchmarked with Aberdeenshire Council. In accordance with the process for agreement of charges, adoption of this procedure will be subject to the proposed charge for a replacement Blue Badge being agreed by Moray Council when other Council charges are reviewed in 2026. 5.3 The proposals support the Strategic Plan for Health & Social Care Wellbeing pledge ‘Help communities to connect and care for each other’ Building resilience ‘We want people to be able to draw on their own personal assets and those in their community …when they experience health and care challenges’. ‘We will continue our work in tackling social isolation and improving mental wellbeing’. ‘We will better understand and address disparity in outcomes based on protected characteristics’. The proposals also support the Physical & Sensory Disability Strategy ‘Everyone in Moray should be able to live as well as possible, as independently as they can and to have every opportunity to fulfil their potential’. ‘Active and equal citizenship – people can participate fully in all aspects of society’. Page 141
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DPIA Version 3.0 Page 4 of 64 ‘Moray is a community where people …have choice and control to meet their individual needs and chosen lifestyle’. 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 and Biodiversity Impact 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 There was a requirement to update the Blue Badge (Disabled Person’s Parking Concessions) Procedure to ensure that administration of the Blue Badge ‘scheme’ locally, reflected the legislation, regulations and guidance specific to Scotland. The previous version related to the previously, wider criteria relevant to the whole of the UK and managed by the Department for Transport (DFT). Page 142
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DPIA Version 3.0 Page 5 of 64 The Blue Badge ‘scheme’ is administered locally with overall management of the ‘scheme’ sitting with Transport Scotland. Transport Scotland requires local authorities to have in place the relevant and appropriate procedures. The requirement to update the procedure was also part of a wider, internal audit that considered all aspects of the Blue Badge process and included recommendations about invoicing (for charges for the provision of a Blue Badge). Those other, wider recommendations were managed and addressed by Community Care Finance and the Blue Badge Team. This report and the related appendices are focussed on the requirement to update the Blue Badge Procedure (Appendix 1). Please see Sections 2 and 4 of this Report for the relevant legislation and regulations that apply to Blue Badge assessment, eligibility and administration. 6.4 Financial None arising from this Report. The only change relating to finance is that the Blue Badge Team will now charge the maximum allowable (£20) for all replacement Blue Badges for a lost or stolen badge. Previously, at the team’s discretion, the charge did not apply to the initial replacement badge, only subsequent replacement badges. This change was benchmarked with Aberdeenshire Council. 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 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 6.5 Risk None arising from this Report. There are no fundamental changes to the procedure or administration of the Blue Badge ‘scheme’. There would be more risk in not updating the procedure. The updates are intended to increase the accuracy of the process and procedure, with respect to the legislation and criteria governing the ‘scheme’ in Scotland and, to take account of the framework and criteria now being set, nationally in Scotland, by Transport Scotland. That is very similar to but has slightly different terms and language than other UK criteria and guidance. 6.6 Staffing None arising from this Report. The Blue Badge Team already carries out all aspects of Blue Badge administration locally (with support from Transport Scotland where required). There are no significant changes to the administration process or the procedure. It is Page 143
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DPIA Version 3.0 Page 6 of 64 envisaged that the updates, to make the procedure and criteria more specific to Scotland, will positively impact on staff with responsibilities for the Blue Badge ‘scheme’ by providing clarity on the procedure in Moray and the criteria relevant to Scotland, rather than slightly different criteria in other parts of the UK. 6.7 Best Value and Transformation No implications identified. 6.8 Property None arising from this Report. 6.9 Information Communications/Technology/Digital The Data Protection Impact Assessment (DPIA) approval process took a bit longer for this area of the business. That was due to the complexities around the platform (provided by Valtech) and associated data sharing and access agreements associated with recording Blue Badge applications and administration. Valtech provide different agreements for different parts of the UK. Data Protection colleagues met with Valtech and the Blue Badge Team to check that the DPIA was complete and provided coverage for all data flows associated with Blue Badge administration (and was covered by appropriate data sharing and access agreements). Following that meeting Data Protection colleagues approved the DPIA. 6.10 Equalities, Social Inclusion and Economic Impact Please see the approved Integrated Impact Assessment (IIA) at Appendix 3. 6.11 Climate Change and Biodiversity Impacts None arising from this Report. 7. CONSULTATION 7.1 This report has been prepared in consultation with the Policy Supervising Manager (Lizette Van Zyl), based on the information provided at the SLWG stage (Chris McLeod – Blue Badge Team Manager, Amanda Lazenby – Independent Mobility Assessor, Catherine Quinn – Community Care Finance Officer, Doreen Sim – Blue Badge & OT Administrator, Lesley Attridge – Locality & OT Manager) and the approval stage (OMT) and Legal Services – Sheekha Saha) and any comments made have been incorporated into the report. 8. BACKGROUND PAPERS 8.1 List any background papers (that are not appendices) here All relevant information is held within the appendices Page 144
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DPIA Version 3.0 Page 7 of 64 Appendices Appendix 1 – Blue Badge (Disabled Person’s Parking Concessions) Procedure Blue Badge (Disabled Persons’ Parking Concessions) Procedure This document is available in different formats and languages on request. Please contact equalities@moray.gov.uk. Version Number: V0.7 Draft Approved by: Council Committee DD/MM/2025 Effective from: Date of Approval Date for Review: 2 Years from implementation (or sooner if required) Owner: BlueBadges@moray.gov.uk, Community Care Finance Team and the Commissioning & Performance Officer (Policies/Procedures) Integrated Impact Assessment (IIA) Approved by Equal Opportunities 05/02/2024 CRWIA Children’s Rights are included in the IIA 05/02/2024 GDPR Compliant Approved 27/04/2025 FOI Compliant As above Version Number History of Amendments Date V0.7 Review and update of the previous Version Appendix/Policy 0.6 Apr 2025 More specific to the criteria in Scotland (Transport Scotland) and divergence from that in England (DfT) Page 145
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DPIA Version 3.0 Page 8 of 64 Contents 1. Introduction to the Blue Badge Scheme ........................................................................... 9 2. Key Information Resources and Regulations .................................................................... 9 3. Related Legislation Policies and Procedures .................................................................. 10 4. The Application Procedure ............................................................................................ 11 4.1 Apply Online ........................................................................................................... 11 4.2 Paper Application ................................................................................................... 12 4.3 Handling Initial Enquiries ........................................................................................ 12 5. Eligibility for a Blue Badge (Individual and Organisational) .............................................. 12 5.1 Eligible Without Further Assessment ....................................................................... 12 5.2 Subject to Further Assessment ............................................................................... 13 6. The Assessment Procedure ............................................................................................. 14 7. Review of Decision ........................................................................................................ 15 8. Badge Issue Fee .............................................................................................................. 15 9. Re-application Process .................................................................................................... 16 10. Replacement Blue Badges ............................................................................................. 16 11. Return of Unexpired Badges .......................................................................................... 17 12. Display of Blue Badges .................................................................................................. 17 13. Power to Inspect the Blue Badge.................................................................................... 17 14. Complaints ................................................................................................................... 17 15. Misuse of the Blue Badge .............................................................................................. 18 16. Equalities and Human Rights ......................................................................................... 18 17. Data Protection and Freedom of Information .................................................................. 19 18. Implementation plan ..................................................................................................... 20 Page 146
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DPIA Version 3.0 Page 9 of 64 1. Introduction to the Blue Badge Scheme The Blue Badge (Disabled Persons’ Parking Concessions ‘scheme’) was introduced in 1971 under Section 21 of the Chronically Sick and Disabled Persons Act 1970 (“the 1970 Act‟). The aim of the scheme is to help disabled people with severe mobility problems to access goods and services, by allowing them to park close to their destination. The scheme is open to eligible disabled people irrespective of whether they are travelling as a driver or as a passenger. The scheme provides a national range of on-street parking concessions to Blue Badge holders. It allows them to park without charge or time limit in otherwise restricted on- street parking environments, and allows them to park on yellow lines for up to three hours, unless a loading ban is in place. Transport Scotland are responsible for the legislation (see Section 3 of this document) which sets out the framework for the scheme nationally and provides support to local authorities to help them deliver it. An overview is available on the Transport Scotland website here and includes some of the criteria Transport Scotland sets around eligibility, fees for badges, use of a badge and parking concessions available nationally. Further information for the public is available on the Scottish Government website here and on the Moray Council website here. Transport Scotland works closely with local authorities to ensure the scheme is delivered consistently and fairly across the country and provides local authorities with a platform to share experiences, pose questions and seek guidance from their peers. Local Authorities are responsible for the day-to-day administration and enforcement of the scheme. They are responsible for determining and implementing administrative, assessment and enforcement procedures which they believe are in accordance with the governing legislation. 2. Key Information Resources and Regulations The following publications relate to the Blue Badge Scheme: • Eligibility for, applying for, using and renewing a Blue Badge – Scot Gov website • "Rights and responsibilities of a Blue Badge holder" which includes the powers of Police officers, traffic wardens, parking attendants and civil enforcement officers to inspect the badge. • ‘Using a Blue Badge in the European Union’ • Using your Blue Badge in Scotland (where you can/can’t park) • V188 Form - Exemption from Vehicle Tax for Disabled People Page 147
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DPIA Version 3.0 Page 10 of 64 • Roads for All: Good Practice Guide for Roads (Transport Scotland) • Blue Badge Scheme (Scotland) - Code of Practice for Local Authorities (staff/admin-facing) The underlying legislation to the Code of Practice:- The Disabled Persons (Blue Badge for Motor Vehicles) (Scotland) Regulations 2000 (legislation.gov.uk) 3. Related Legislation Policies and Procedures Legislation (Human Rights, Equalities, Data Protection & Freedom of Information) • Human Rights Act 1998 • Equality Act 2010 • EU Convention of the Rights of Persons with Disabilities • European Convention of Human Rights • Data Protection Act 2018 and GDPR; • Freedom of Information (Scotland) Act 2002; Primary legislation (Blue Badge) • The disabled person’s parking badge scheme came into operation on 01 December 1971 by way of regulations made under Section 21 of the Chronically Sick and Disabled Persons Act 1970 Secondary legislation made by the Scottish Ministers • The Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000 • The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2002 • The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2007 • The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment (No. 2) Regulations 2011 • The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2018 • The Disabled Persons (Badges for Motor Vehicles) (Scotland) (EU Exit) Amendment Regulations 2019 Page 148
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DPIA Version 3.0 Page 11 of 64 Welfare Reform changes amending the above legislation: • The Welfare Reform (Consequential Amendments) (Scotland) Regulations 2013 Other relevant legislation • Road Traffic Regulation Act 1984 • Regulation of Investigatory Powers (Scotland) Act 2000 • The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (Scotland) Regulations 2002 • Disabled Persons’ Parking Badges Act 2013 • Disabled Persons' Parking Badges (Scotland) Act 2014 Low Emission Zones Scottish Low Emission Zones (LEZs) are being introduced to major Scottish cities. To improve air quality LEZs set an environmental limit on certain city roads, restricting access for the most polluting vehicles. • The Scottish LEZ Exemption System is now live for personal Blue Badge holders to register their vehicles for a LEZ exemption. • The Vehicle Checker is now live on the official LEZ website which allows members of the public to enter their vehicle registration number to check if their vehicle will comply with LEZ standards. • More information on the Blue Badge exemption can be found on the Blue Badge Exemption page of the official LEZ website. Relevant Policies, Procedures, Practical Guidance • Case Recording Procedure • Supervision Policy and Procedure 4. The Application Procedure 4.1 Apply Online Those resident in Scotland can make some (see 4,2 for exceptions) applications online for a new Blue Badge via: https://www.mygov.scot/applgy-blue-badge or via the Moray Council website, Page 149
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DPIA Version 3.0 Page 12 of 64 4.2 Paper Application The paper application can be sourced from the blue badge service at The Annex Moray Council Office, High Street, Elgin, IV30 1BX, by telephoning 01343 563483 or emailing BlueBadges@moray.gov.uk . Please note: ‘Risk in Traffic’ applications and applications by Organisations can only be submitted in paper form. 4.3 Handling Initial Enquiries Initial enquires can be made by phoning the blue badge telephone number: 01343 563483 or by emailing blue badges BlueBadges@moray.gov.uk. This complements information about Blue Badges on the council website, including some Frequently Asked Questions (FAQs) about the Blue Badge Scheme, available on the Moray Council website. 5. Eligibility for a Blue Badge (Individual and Organisational) Applicants can apply on the basis of: Individual 5.1 Eligible Without Further Assessment A badge may be issued without further assessment if the applicant meets the current criteria set out in the Scottish Government website here (see ‘who automatically gets a Blue Badge’) These applicants are required to complete an ‘Automatic Criteria Form’ and submit this along with: • Proof of residency or indicate their consent by ticking the box on the form allowing the Blue Badge team to check residency against the council tax database, or school role for under 16s (note: this is the Local Authority’s responsibility to collect and it is mandatory to have this proof before a badge is awarded. Transport Scotland decides, on a National level, the exact forms of proof required and this is subject to change). • A certified copy of a proof of identity (note: a list of options/documents for providing proof of identity are set out in the notes that are sent along with the application form) Page 150
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DPIA Version 3.0 Page 13 of 64 • A passport style/size photo (passport quality and in colour) with their name printed on the back • Evidence of eligibility under one of the criteria (this is a link to the criteria section of the Scottish Government website) and as stated on the application form. Evidence of the full mobility award must be enclosed or uploaded with the application 5.2 Subject to Further Assessment If the applicant does not automatically qualify, they may still qualify if they meet one or more of the current criteria set out in the Scottish Government website here (see ‘who else could get a Blue Badge’) If none of the criteria apply, the applicant is unlikely to meet the eligibility criteria, therefore will be unlikely to qualify for a Blue Badge. All of the application forms have guidance inside explaining what the applicant needs to enclose as proof of eligibility and identity. Organisational An ‘organisation‟ is defined in legislation as meaning an organisation concerned with the care of disabled persons to which a disabled person’s badge may be issued. Organisational badges will only be issued to organisations which: • Care for and transport disabled people who would meet one or more of the eligibility criteria for an individual blue badge; and • Have a clear need for an organisational badge rather than using the individual blue badges of people it is transporting It is the responsibility of the local authority to come to an eligibility decision. The Blue Badge OT makes the decision. The delegated authority to do so derives from applying Transport Scotland criteria/code of practice and from the local authority, via the Service/Locality Manager working closely with the Blue Badge OT/Blue Badge Service Manager. The eligibility decision is based on local knowledge, the information provided by the organisation in the application form and Transport Scotland criteria. Please note: these applications can only be made in paper form (see section 4.2). The Blue Badge service can be contacted as per the contact details in Sections 4.2/4.3. 6 Page 151
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DPIA Version 3.0 Page 14 of 64 6. The Assessment Procedure All ‘subject to further assessment applications’ will be screened using a national desk-based screening tool by an Occupational Therapist. The Blue Badge OT has delegated authority to make decisions through applying Transport Scotland criteria/code of practice and from the local authority, via the Service/Locality Manager working closely with the Blue Badge OT/Blue Badge Service Manager. The Blue Badge OT carries out Independent Mobility Assessments (IMA) and makes eligibility decisions. Occupational Therapists are dual trained in both physical and mental health. The OT will take into account the information provided by the applicant, any further information sought from the applicant, an Independent Mobility Assessment – in appropriate cases – and Transport Scotland’s criteria. The Local Authority follows Transport Scotland’s advice on the level of skills and training required for Independent Mobility Assessors (IMAs). At this stage applications may be approved (and notified to The Blue Badge Service Manager and Blue Badge Officer), refused or be referred for further assessment It is good practice (2012 independent review) for local authorities to provide scope for an applicant to be referred for certification by an Independent Mobility Assessor, if they are unable to make a clear and robust decision on eligibility using crosschecking or desk-assessment. All of the information required, initially, by the Independent Mobility Assessor is contained in the completed application form. Criteria for eligibility (and proof of residency/identity) is subject to change by Transport Scotland. Independent Mobility Assessments will be offered at an accessible venue with a suitable parking space for the applicant to use. In addition to a potential Independent Mobility Assessment, the applicant may also be given information on other Occupational Therapy and Community Care services that may be of benefit to them. In some cases, they may be signposted/directed to other appropriate services. If alternative formats/languages are required for any information provided, contact the Equal Opportunities Officer at equalopportunities@moray.gov.uk. Where an application is refused, the applicant will be informed (by the Blue Badge OT/Service) in writing of the decision, with the reason for declining the application (noting the reasons for the decision with reference to the Transport for Scotland Criteria). The applicant will also get information about the Review of Decision process (see below). Approved applications are processed in line with Transport Scotland guidance via a UK centralized service for printing, manufacturing and dispatching of Blue Badges. The booklet ‘rights and responsibilities’ is dispatched with the Blue Badge. Item: Page: 16 6 Page 152
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DPIA Version 3.0 Page 15 of 64 7. Review of Decision The Review of Decision process is as follows: Stage 1- If a Review of Decision request is received in writing within 28 days following the guidance format (of required content/new information) as stated in the refusal letter, a Review of Decision may be completed. A review of all documentation/previous assessments is completed and if further assessment such as a mobility assessment is required, the applicant is notified. A senior regulated health professional (Blue Badge Service Manager), as part of the review decision assessment process, considers all information submitted in support of a request for a review of decision. The manager then makes the eligibility decision (the delegated authority to do so comes from applying Transport Scotland criteria/code of practice and from the Local Authority, via the Service/Locality Manager working closely with the Blue Badge OT/Blue Badge Service Manager). Applicants are notified of the decision in writing with reference to the Transport Scotland criteria. Stage 2- Following refusal after an Independent Mobility Assessment, if a Review of Decision request is received in writing within 28 days following the guidance format (of required content/new information) as stated in the refusal letter, a Review of Decision may be completed in line with Transport Scotland criteria and guidance. The Blue Badge Service Manager, as part of the review decision process, considers all information submitted in support of a request for a review of decision and makes an eligibility decision (see part 1 above for information about the delegated authority to do so). Applicants are notified of the decision in writing with the reasons for the decision (with reference to Transport Scotland Criteria). Where an application is unsuccessful, there is no current timescale for an applicant to wait before submitting another application. However, future applications are generally made when the applicant has a material change in their circumstances relevant to Blue Badge applications/eligibility. 8. Badge Issue Fee Blue Badges issued in Moray are currently subject to a fee of £20 (current maximum fee under the regulations), paid before the issue of the Badge. The fee is for the issue of Badges, not an application fee. The fee applies to new Blue Badges, re-applications (renewing) Blue Badges and all replacement Blue Badges (replacements for all lost or stolen Blue Badges) and is the same for 12 month, 18 month, 1, 2 and 3 year Blue Badges. There used to be no fee, at our discretion, for the first replacement of a lost or stolen Blue Badge but this has been changed (see above). Lost or stolen badges should be Page 153
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DPIA Version 3.0 Page 16 of 64 reported to the Blue Badge service telephone number: 01343 563483 or by emailing blue badges BlueBadges@moray.gov.uk. 9. Re-application Process The holder can re-apply by contacting the Blue Badge Service (01343 563483 or BlueBadges@moray.gov.uk). Badge expiry dates are printed on all Blue Badges. Applicants should re-apply in all cases where their Blue Badge is expiring. Re-applications will be treated as a first application and will go through the same application and assessment process as described above. The applicant will be required to include all supporting documentation with their application as outlined in Section 5. For an automatic eligibility, with NFA, up to four weeks processing time is required to ensure continued use of a valid (not an expired) Blue Badge. For a subject to further assessment re-application, the processing time required can be up to a maximum of 16 weeks. The public will be informed of the current processing time on the Council website. Applicants will be able to contact the Blue Badge team who will be able to give an update on the application and an approximate time for processing, if they are able to do so. Individuals need to use a valid Blue Badge when parking in a designated area, so an expired badge should not be used. Individuals cannot have two valid badges so the date will follow on from the last badge’s expiry date. No reminders are issued from the Blue Badge Team in Moray. It is the applicant’s responsibility to apply in a suitable time. The date of expiry is on the Blue Badge itself. 10. Replacement Blue Badges If a Blue Badge is lost or suspected stolen (see Section 8 for possible fee), this must be reported to the Blue Badge service (telephone number: 01343 563483 or by emailing blue badges BlueBadges@moray.gov.uk). The badge holder needs to tell us if it’s lost or stolen or too faded to read. Transport Scotland guidance directs the local authority to update the National Database to show the old badge is no longer eligible. When a holder contacts us for a replacement badge the administrator will go to the Transport Scotland website and order a replacement. The administrator will then note this on Social Work Information Systems. There is a £20 fee for a replacement for all lost or stolen Blue Badges. 6 Page 154
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DPIA Version 3.0 Page 17 of 64 11. Return of Unexpired Badges Unexpired badges are to be returned as soon as possible by the holder (or their authorized representative) when no longer required (for example, after a badge holder passes away or there is a change in material circumstances linked to the badge holder’s eligibility – as described in the ‘terms of use’ of the badge). The badge should be returned to the Blue Badge Service, Moray Council, The Annex, High Street, Elgin, IV30 1BX to mitigate the risk of improper use. 12. Display of Blue Badges When using the parking concessions, the holder must display the badge on the dashboard or facia panel, where it can be clearly read through the front windscreen. If there is no dashboard or facia panel in the vehicle, the holder must still display the badge in a place where it can be clearly read from outside the vehicle. The front of the badge should face upwards. The side showing the photograph should not be visible through the windscreen. The holder must also ensure that the details on the front of the badge remain legible. If they become illegible, through fading or wear and tear, the holder must return the badge to the council (see above for the address) so a new badge can be issued. Displaying a badge that is illegible may result in a parking fine. 13. Power to Inspect the Blue Badge Police officers, traffic wardens, parking attendants and civil enforcement officers have the power to inspect the badge. These people should produce an identity card with their photograph on it to prove they are who they say they are. If any of these people ask to see the badge, the badge holder must show it to them. If the badge holder does not, they could be in breach of the law and could result in a fine up to £1,000. Enforcement officers also have the right to retain the badge, without police presence, if they have reasonable grounds to do so. 14. Complaints The complaints procedure applies when an applicant is unhappy with the way the process has been conducted, rather than being unhappy about the eligibility decision itself (unhappiness with the eligibility decision is dealt with by the Review of Decision process – see Section 7). Where there is dissatisfaction with the way the process has been conducted, please see the above link for information including ‘How to Complain’ and the ‘Model Complaints Handling Procedure MCHP – Implementation Guide’. Page 155
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DPIA Version 3.0 Page 18 of 64 See also information about the Scottish Public Services Ombudsman (stage 3 of the Local Authority Model Complaints Handling Procedure). 15. Misuse of the Blue Badge Any suspected misuse of Blue Badges concerning on street parking should, in line with Transport Scotland guidance, be referred to Police Scotland. Moray Council car park attendants may ask to see the Blue Badge for any car parked in Council Car Park disabled bays. In the first instance, car park attendants will refer misuse of blue badges to the Blue Badge issuing team. When the Blue Badge team is notified of potential misuse, a letter is sent to the badge holder reminding them of their responsibilities and potential consequences of misuse. A spreadsheet is held within the department with badge holders’ details, allowing simple oversight of any repeat incidences of misuse of the badge. Repeat incidences of misuse by the same badge holder will result in a referral to Police Scotland. Misuse issues should also be sent to the Fraud inbox managed by the Local Authority Corporate Investigations Team. Some examples of ‘misuse’ are set out in the rights and responsibilities. An excess charge notice can be levied for cars parked in car park disabled bays without a valid Blue Badge. 16. Equalities and Human Rights Section 149 of the Equality Act 2010 imposes a duty any public body to have due regard, in the exercise of its functions, to the need to: (a) Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act. (b) Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and (c)Foster good relations between persons who share a relevant protected characteristic and persons who do not share it. This is known as the general public sector equality duty. In 2012 the Scottish Government adopted the Equality Act 2010 (Specific Duties) (Scotland) Regulations which laid out a number of statutory duties for public bodies in Scotland. These specific public sector equality duties were designed to assist public bodies in meeting their general duties and they include the duties to: • Where and to the extent required to fulfil the general equality duty, assess the impact of applying a proposed new or revised policy or practice against the needs of the general equality duty. Page 156
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DPIA Version 3.0 Page 19 of 64 • In making the assessment, consider relevant evidence relating to persons who share a protected characteristic (including any evidence received from those persons). • In developing a policy or practice, take account of the results of any assessment in respect of that policy or practice. • Publish, within a reasonable period, the results of any assessment where it decides to apply the policy or practice in question. • Make arrangements to review, and where necessary, revise any policy or practice that it applies in the exercise of its functions. Aligning with this, the development of our policies includes, where applicable, an Integrated Impact Assessment (formerly the Equal Opportunities Impact Assessment). Approved by the Equal Opportunities Officer, the outcomes of the assessment can be requested by emailing equalopportunities@moray.gov.uk. The Human Rights Act 1998 and the rights covered by the Act can be found here https://www.equalityhumanrights.com/en/human-rights/human-rights-act The Human Rights Act 1998 sets out the fundamental rights and freedoms that everyone in the UK is entitled to. It incorporates the rights set out in the European Convention on Human Rights (ECHR) into domestic British law. The Human Rights Act came into force in the UK in October 2000.] The Human Rights covered by the Act can be viewed on the EHRC website here. 17. Data Protection and Freedom of Information Moray Council is committed to protecting personal information in compliance with Data Protection legislation. Further information on Data Protection is available on the Information Management pages of the Council’s website. Data protection legislation, including the Data Protection Act 2018 (DPA) and UK General Data Protection Regulation (UK GDPR), provides a framework to ensure Personal Data is handled properly. The legislation provides individuals with legal rights about the way their information is handled and used, to give them greater control over their personal data. These include: • the right to be informed as to how their personal information is being collected and used • the right of access to their information Page 157
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DPIA Version 3.0 Page 20 of 64 • the right to have their information rectified if it’s factually inaccurate or incomplete • the right to request that, in some circumstances, their information is deleted or to stop using it • the right to restrict how their information is processed in certain circumstances. • the right to object • the right to withdraw freely given consent; the right to data portability and rights in relation to automated decision making and profiling. When personal information is to be collected a privacy notice will be made available to people who use the service to explain how their information may be collected, used, stored, shared and securely disposed of, the legal basis for doing so and what their data subject rights are. As a Local Authority Moray Council is subject to the Freedom of Information (Scotland) Act 2002. This Act gives individuals the right to access information held by the Council. Guidance and information on requests is available on the Council’s website. This Procedure can be made publicly available if requested, unless it is exempt i.e. if it is intended for use of staff only. 18. Implementation plan 1. Title of document Blue Badge (Disabled Persons’ Parking Concessions) Procedure 2. Owner of document BlueBadges@moray.gov.uk. Community Care Finance (with support from Adult and Children & Families Policy Officers) 3. What is it? (e.g. new policy, updated policy, guidance etc.) Updated Procedure 4. Where is it stored? Intranet 5. What is the implementation date/timeframe? Council Committee approval date 6. Dissemination methodology (e.g. Cascade through snr officers and individual services, team meeting approach, Locality approach, Launch event, Focus Groups, Event based approach, 7 min Briefings) Cascade through Service Managers, Team Managers and Senior Social Workers. Highlight at the Practice Governance Board Meetings. Team Managers may want to table the Procedure update at monthly team meetings. Send out to all teams and available on the intranet. 7. Stakeholders (audience), their roles and responsibilities All employees to apply the Procedure to ensure appropriate application of eligibility and assessment for and, administration of the Blue Badge Scheme in Moray. 8. Training Needs Assessment Nature Scope Delivery Format Resource One-off Single Agency X Self-led Met within existing X Ongoing X Multi-agency Facilitated X Resource required Page 158
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DPIA Version 3.0 Page 21 of 64 Details BlueBadges@moray.gov.uk (and Community Care Finance) can advise all teams on the application and administration of the Blue Badge ‘scheme’ and can distribute the updated Procedure to all relevant teams. The updated Procedure may be discussed at Team Meetings. Where necessary/requested, the Social Work Training Team may provide training for staff involved in application and administration of the Blue Badge ‘scheme’. 9. Impact: What would you expect to see as a consequence and where would you look for impact? (e.g. case file reading, recording processes, Focus groups of parents/carers and families, and staff) The consistent application (eligibility, assessment, decision review, re-application, replacement, fees etc.) and administration of the National Blue Badge ‘scheme’ at the local level in Moray. This will be evident from Supervision, Case Recording, Audit, Review & Update of the Procedure. Page 159
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DPIA Version 3.0 Page 22 of 64 Appendix 2 – Procedure Update Summary Revised Procedure Summary Blue Badge (Disabled Persons Parking Concessions) Procedure FAO: the Chief Social Work Officer (CSWO), Operational Management Team (OMT), Policy Supervising Manager and Council Committee Rationale for development or revision The need for an updated Blue Badge (Disabled Person’s Parking Concessions) Procedure arose, partially, out of an Internal Audit of the Blue Badge Process in 2023 and the resulting recommendations within the final report. The Short Life Working Group (SLWG) agreed the final draft of the updated procedure. Litigation (Legal Services) also reviewed the procedure and provided a small amount of feedback. This resulted in one small edit to the updated procedure (and to the complementary Council Committee Report). The intention now is to take the completed draft update (and complementary documents – Integrated Impact Assessment, Data Protection Impact Assessment and Council Committee Report) to the appropriate Council Committee for approval. OMT has reviewed the documents and asked us to clarify one issue around delegated authority. This was clarified and incorporated into the documents. The need for an update also arose from identification that the legislation and guidance referenced in the previous version, related more to the previous process in England/UK. There had been diversification since then, including legislation specific to the ‘scheme’ in Scotland, made by the Scottish Ministers. Transport Scotland had also taken over the management of the ‘scheme’ in Scotland with criteria specific to Scotland (formerly reserved to the UK Department for Transport). The final audit report included a number of other, related, recommendations such as the invoicing process when there is a fee for a Blue Badge. However, this summary focuses specifically on the recommendation to update the Blue Badge (Disabled Person’s Parking Concessions) Procedure and the contents therein. Page 160
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DPIA Version 3.0 Page 23 of 64 A small SLWG (including a Blue Badge Officer, Community Care Finance, Blue Badge Service Manager, Blue Badge Occupational Therapist/Independent Mobility Assessor, Social Workers, Team Managers and Policy Officers from Adult & Children & Families Services) worked on the updated, draft procedure. An Integrated Impact Assessment (formerly an Equality Impact Assessment), including both Human Rights and the Rights of the Child that are engaged by the procedure, was completed, sent to and approved by Equalities. A Data Protection Impact Assessment (DPIA) (due to the data relating to a person’s health and mobility that we share with agencies such as Social Security Scotland) was drafted and shared with colleagues from Data Protection and Information Governance. In this instance the process of approving the DPIA was more complex. This was due to the various existing Data Sharing/Accessing/Processing Agreements and the relevant Department for Transport and Transport Scotland contracts and subcontracts. Once the 3 following data sharing/processing issues were clarified, the DPIA was agreed and approved by Data Protection, • Clarification about an individual’s data that we share with Social Security Scotland • Clarification on our relationship with Valtech (this is related to the data processing in administering Blue Badge applications and, relates to the Data Processing Agreement and Access Agreement between the Local Authority and Valtech. Valtech provides this data processing platform in all UK nations with separate agreements for each nation) • Clarification of whether applications can be completed via GOV.UK. These were clarified in discussion between the Blue Badge Service and Data Protection. The Data Protection Impact Assessment has now been approved. Summary The updated procedure more accurately reflects the current legislation, guidance, terminology and eligibility criteria (a link to up-to-date criteria on the Scottish Government web site has been added) specific to Scotland. There are some small differences when compared to England and the rest of the UK. It also reflects the updated role of Transport Scotland in managing the ‘scheme’ in Scotland, setting criteria specific to Scotland and providing guidance for Local Authorities (who administer the ‘scheme’) in Scotland. Page 161
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DPIA Version 3.0 Page 24 of 64 The updated procedure reflects some changes to current practice and processes including, the current ‘review of decision’ process, how a replacement Blue Badge is processed and, how an initial, physical Blue Badge is produced and sent once an application is approved. It also clarifies the re-application process for Blue Badges that are reaching expiry date. The section on misuse of a Blue Badge has also been updated in line with Transport Scotland guidance. The update also provides information about the latest/more recent changes such as those relating to Low Emission Zones. The update also removes the temporary processes engaged at the time of Covid-19. For example, it removes the temporary process that was in operation at that time in relation to presenting in person for an Independent Mobility Assessment. Intended impact/outcomes The updated procedure meets the relevant recommendation within the Final Report from Internal Audit, for an up-to-date Blue Badge (Disabled Persons Parking Concessions) Procedure for Moray, reflecting current processes in Moray. It also fully reflects the move away from the management of the ‘scheme’ by the UK Department of Transport, with Transport Scotland taking over this role in Scotland nationally. The update accurately reflects the current legislation and guidance specific to the ‘scheme’ in Scotland and, reflects any difference in terminology and eligibility criteria compared to that in the rest of the UK. The update provides staff with accurate information in relation to the current process and procedure in Moray and, the current eligibility criteria nationally in Scotland. This helps to make the process more efficient from the perspective of staff administering the ‘scheme’ and assessing applicants for eligibility. This procedure (similar to Transport Scotland’s Code of Practice for Local Authorities and Criteria) is intended for staff administering the ‘scheme in Moray, rather than being public facing. Information for the public/applicants for a Blue Badge is provided via the application form (and the other guidance/information sent with the form). It is also provided via the Page 162
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DPIA Version 3.0 Page 25 of 64 public facing leaflets, booklets and guidance referenced within the updated procedure (and available to the public online or in booklet/leaflet form). Controversies, challenges or potential risks The update of the procedure will reduce the risk of maladministration of the ‘scheme’. The previous document did not fully reflect the current process in Moray or fully reflect the legislation, guidance, eligibility criteria and management of the ‘scheme’ specific to Scotland. The update does reflect these. By doing so, it will more accurately ensure that Human Rights and the Rights of the Child that are engaged by the procedure are protected. This is described more fully in the Integrated Impact Assessment. This will also ensure those who are eligible in Scotland are able to access and use a Blue Badge. This procedure is a council-wide procedure, rather than being specific to Health & Social Care Moray. Therefore, final approval is being sought through the relevant Committee. Please see the Committee Report. It includes clarification on the ‘scheme of delegation’, the delegated authority to make eligibility decisions on behalf of the council and via Transport Scotland’s Code of Practice and Criteria. The Blue Badge OT/Independent Mobility Assessor and Blue Badge Service Manager make these eligibility decisions based on information from the application, requests for further information and where appropriate, an Independent Mobility Assessment. Delegated authority to make these decisions is via application of the Transport Scotland Code of Practice and Criteria and locally, through the Locality Manager working closely, where required, with the OT service, Blue Badge OT and Blue Badge Service Manager. Author: Garry Macdonald, Commissioning & Performance Officer (Adult Care Policies & Procedures) Date: 27//04/2025 Page 163
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DPIA Version 3.0 Page 26 of 64 Appendix 3 – Integrated Impact Assessment (approved by Equalities) INTEGRATED IMPACT ASSESSMENT COVERING • EQUALITIES & SOCIO ECONOMIC DUTIES • HUMAN RIGHTS AND RIGHTS OF THE CHILD STAGE 1 - DO I NEED AN INTEGRATED IMPACT ASSESSMENT? Name of policy or proposal: Blue Badge (Disabled Persons’ Parking Concessions) Procedure 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: The Blue Badge (Disabled Persons‟ Parking) Scheme was introduced under Section 21 of the Chronically Sick and Disabled Persons Act 1970 (“the 1970 Act‟). The aim of the scheme is to help disabled people (including young children) with severe mobility problems to access goods and services, by allowing them (or those driving them) to park close to their destination. The scheme is open to eligible disabled people irrespective of whether they are travelling as a driver or as a passenger. Page 164
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DPIA Version 3.0 Page 27 of 64 The scheme provides a national range of on-street parking concessions to Blue Badge holders. It allows them (or those driving them) to park without charge or time limit in otherwise restricted on-street parking environments, and allows them to park on yellow lines for up to three hours, unless a loading ban is in place. By it’s very nature and the people it is intended to support, this scheme engages the; • Human Rights Act 1998 • Equality Act 2010 • EU Convention of the Rights of Persons with Disabilities • UN Convention on the Rights of the Child Including General Principles 1 and 2 and… Article 2, Article3, Article 15 and Article 31 • European Convention of Human Rights Article 6 (which includes access to Appeals/Complaints Processes) Article 14 (by way of Article 8) There is, in some cases such as a new badge or the second or subsequent replacement for a lost badge, a £20 one off fee. There is no ongoing or regular socio-economic impact. 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 Procedure Blue Badge Service, Community Care Finance staff with support and input from; Garry Macdonald (Adult Care Policies and Procedures), Children & Families Policy Team, Social Work Teams, Policy Supervising Manager and Chief Social Work Officer. Other people involved in the screening (this may be council staff, partners or others i.e. contractor or community) As above plus, the update is linked to an internal audit (2023) of the Blue Badge Scheme Procedure. Page 165
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DPIA Version 3.0 Page 28 of 64 Date 25/01/2024 STAGE 2: INTEGRATED IMPACT ASSESSMENT Brief description of the affected service 1. Describe what the service does: This Procedure and the administration of it, ensures that Blue Badges are provided to those who are eligible and seeks to ensure that Blue Badges are used appropriately. It does so by setting out the application process, eligibility criteria (both, without further assessment and with further assessment of eligibility/mobility), how the further assessment works (including Independent Mobility Assessments) and who conducts it, appeals process/complaints procedure, renewal and replacement of badges, display of badges, misuse of badges, power to inspect badges (and who by). Ensures that the administration of the Blue Badge Scheme is aligned with current Legislation, Regulations, Guidance and Codes of Practice; • Section 21 of the Chronically Sick and Disabled Persons Act 1970 • The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (Scotland) Regulations 2002 • The Disabled Persons (Badges for Motor Vehicles) (Scotland) Regulations 2000 • Disabled Persons' Parking Badges (Scotland) Act 2014 • The Disabled Persons (Badges for Motor Vehicles) (Scotland) Amendment Regulations 2018 • The Disabled Persons (Badges for Motor Vehicles) (Scotland) (EU Exit) Amendment Regulations 2019 • Blue Badge Scheme (Scotland) - Code of Practice for Local Authorities It also provides access to further information about the Blue Badge Scheme to aid understanding of it: • Can I get a Blue Badge? leaflet • Rights and responsibilities of a Blue Badge holder • Using a Blue Badge in the European Union • Using your Blue Badge in Scotland (where you can/can’t park) • V188 Form - Exemption from Vehicle Tax for Disabled People • Department for Transport's “Inclusive Mobility” Guide (Section 8 is on Car Parking) Page 166
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DPIA Version 3.0 Page 29 of 64 2. Who are your main stakeholders? ● Adults in the local council area who have physical or mental health disability or mobility issues ● Children, including young children in the local area who may have physical or mental health disability or mobility issues ● Families, friends, unpaid carers and others who may be driving a passenger who may be eligible for a Blue Badge ● Organisations in the local area who may be supporting adults and children who would otherwise be eligible for a Blue Badge, but who are provided with Blue Badge eligible transport by such organisations ● Moray Council Teams including Community Care Finance, Adult and Children and Families Social Work Teams, Team Managers and Support Staff ● External, commissioned service providers and independent sector organisations (as in point 4 for example) 3. What changes as a result of the proposals? Is the service reduced or removed? There are no material or significant changes regarding eligibility and no reduction or removal of services/support as a result of this update. This is an update to the Blue Badge Scheme Procedure itself to ensure that eligibility and administration are in line with current legislation, regulations, guidance and code of practice. This is also a requirement from the Internal Audit process. 4. How will this affect your customers? The ultimate intention remains the same, where appropriate, Blue Badge parking concessions will be available for adults and children who have physical or mental health disability or mobility issues that make them eligible. That is whether they are driving themselves or they are passengers being driven by family, unpaid carers or organisations supporting them, including by provision of appropriate transportation. As before, the Procedure also provides access to information that enables appropriate use of the Blue Badge and information about misuse of the Blue Badge as well as information about appeals and complaints should ineligibility be assessed for some people. We monitor the application of and outcomes from the Procedure through; ● Blue Badge service at The Annex Moray Council Office, High Street, Elgin, IV30 1BX, 01343 563483, Blue.Badges@moray.gov.uk who are responsible for the processing and administration of applications, referring for assessment, providing Blue Badges, taking return of Blue Badges and processing renewals or Replacements (and recording of/processing of lost or stolen Badges). ● Information Systems Reports/Data (linked to assessments and eligibility for Blue Badges) Page 167
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DPIA Version 3.0 Page 30 of 64 ● Community Care Finance administration of the payments for new, renewal and replacement of Blue Badges (where a fee is appropriate) and recording and reporting to Corporate Services any misuse issues relating to the use of a Blue Badge 5. Impact on staff providing the service No major changes – the eligibility and administration process involves no significant changes as a result of this update. 6. Please indicate if these apply to any of the protected characteristics Protected groups Potential impacts and considerations Race Disability Applicants for a Blue Badge are likely to have a physical or mental health disability or mobility issue that they think makes them eligible for parking concessions. However only some applicants will be eligible without further assessment (for example, in receipt of the mobility component, with enough points via assessment, of DLA, PIP or ADP benefits). In Scotland new applicants apply for ADP and those in receipt of PIP are being transferred across to ADP. Of those who require further assessment, including an Independent Mobility Assessment, not all will ultimately be eligible, but they may still have physical or mental health disability or mobility issue. Carers (for elderly, disabled or minors) Unpaid carers (as well as family) may be involved in driving an adult or child who is or may be eligible for a Blue Badge Sex Pregnancy and maternity (including breastfeeding) Sexual orientation Age (include children, young people, midlife and older people) Blue Badge parking concessions are available to people of all ages if they have a physical or mental health disability or mobility issue that makes them eligible for a Blue Badge Religion, and or belief Gender reassignment Inequalities arising from socio- economic differences Page 168
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DPIA Version 3.0 Page 31 of 64 Human rights List of convention rights Describe, where applicable, if and how specific rights are engaged Article 5: Right to liberty and security Not engaged Article 6: Right to a fair trial This applies to the rights of the adult/child or their authorised representative to appeal a decision about eligibility for a Blue Badge via the established Appeal Panel process, or to make a complaint (i.e. about staff practice or conduct through the complaints procedure that is compliant with the Model Complaints Handling Procedure for Local Authorities) Article 8: Right to respect for private and family life, correspondence and the home May be engaged if a Blue Badge parking concession enables someone with a physical or mental health disability or mobility issue, to be at a place where they are able to conduct their private business and/or maintain contact with family and friends. Article 10: Freedom of expression Not engaged Article 11: Freedom of assembly and association May be linked to Article 8 and association with friends, family and other entities/groups in their community Article 12: Right to marry Not engaged (no pun intended) Article 14: Prohibition of discrimination (in relation to the convention rights) Related to and in conjunction with Articles 8 and 11 Article 1 of Protocol 1: Protection of property Not engaged Article 2 of Protocol 1: Right to education Could potentially be engaged if a parking concession was necessary to attend a place of education in person Article 3 of Protocol 1: Right to free elections by secret ballot Not engaged Children’s Rights and Wellbeing Relevant articles – UNCRC Article 2 – Non discrimination This would be engaged on the grounds of physical and mental health disability or mobility issues – and access to Blue Badge parking concessions so as not to discriminate against or prevent a child (and those driving them such as a parent) to go about their life with dignity and Page 169
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DPIA Version 3.0 Page 32 of 64 respect, to access activities, access crucial services important to their wellbeing and conduct their private business etc. Article 12 – Respect of the views of the child Not necessarily engaged Article 3.1 – Best interest of the child May be linked to Article 2 i.e. similar activities may be in the child’s best interests and accessible via Blue Badge parking concessions Article 6.2 – Right to survival and development Not necessarily engaged however, some activities accessible via parking concessions may support the child’s development 7. Evidence. What information have you used to make your assessment? Performance data Internal consultation With Community Care Finance Manager and Community Care Finance Officers, Blue Badge Service Officers and Blue Badge OT/ Service Manager, Children and Families Policy Team and Children & Families Staff and Team Managers, Litigation/Legal Services, Policy Supervising Manager, Head of Service Consultation with affected groups Local statistics National statistics Other Considering the relevant Legislation, Regulations, Guidance and Codes of Practice as set out above in stages 1 and 2 8. Evidence gaps Do you need additional information in order to complete the information in the previous questions? No. There is no significant change to eligibility or administration of the Blue Badge Scheme. It is an update of the Policy. 9. Mitigating action Can the impact of the proposed policy/activity be mitigated? Please explain See sections 1 and 4 for an explanation of what the Procedure does and the outcomes sought through its application. Page 170
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DPIA Version 3.0 Page 33 of 64 Of those people who require further assessment, including an Independent Mobility Assessment, not all will ultimately be eligible, but they may still have physical or mental health disability or mobility issue. To ensure that everyone is assessed appropriately, where it is required, an Independent Mobility Assessment (IMA) is carried out by an Occupational Therapist, trained in conducting IMAs for Blue Badge eligibility, in line with established standards for assessment. Where there is an appeal against ineligibility, a further IMA will be conducted in appropriate cases (assessed as required by the OT) and in some cases the further IMA will be with a specialist, where there is a mental health disability/mobility issue. There is an established Appeals process and Appeals Panel (including OT and legal participation) for appeals in relation to eligibility. In terms of staff practice and conduct, applicants also have access to the established complaints procedure which is complaint with the Model Complaints Handling Procedures for Local Authorities. For those people who are ineligible but who may have a need for other support for disability and mobility issues, they will be signposted to other services and support including ‘universal services’ such as advice, information, assessment of care needs, appropriate/relevant independent support organisations etc. They will also be signposted to appropriate and relevant benefits information and advice. 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? See section 9 for mitigating factors. The update is also a requirement of an internal audit. 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 Page 171
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DPIA Version 3.0 Page 34 of 64 Particularly to people who may have a physical or mental health disability or mobility issue and who are assessed as ineligible for a Blue Badge and parking concessions. Please see section 9 for mitigations that may be appropriate to each individual and which they will be signposted/referred to or supported with. Reducing discrimination, harassment, victimisation or other conduct prohibited under the Equality Act 2010 Disability – see section 6 X Promoting equality of opportunity See section 6 and the link to protection of human rights X Fostering good relations 3. The proposals interfere with human rights and/or the rights of the child The Proposals are intended to protect the rights of the child 4. Negative impacts can be mitigated; the proposals are outlined in question 9 5. The negative impacts cannot be fully mitigated but are justified as outlined in question 9 X 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: There is a requirement to update the Blue Badge Scheme Procedure based on both the need for periodic review and the internal audit of the process. This is to ensure that eligibility to and administration of the Blue Badge Scheme is aligned with the most recent legislation, regulations, guidance, code of practice and current internal practice/processes. The ultimate intention remains the same, where appropriate, to make available to adults and children who are eligible, Blue Badge Scheme parking concessions to mitigate physical and mental health disability or mobility issues, to ensure they are not discriminated against because of disability and to protect their human rights. To encourage appropriate use of the Blue Badge and discourage inappropriate use. To enable access to relevant appeals and complaints procedures as discussed earlier. Page 172
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DPIA Version 3.0 Page 35 of 64 In meeting those requirements, we have set out in Section 9 the mitigating actions that underpin the application of the Procedure and mitigate as far as possible the potential negative impacts of the Procedure. Date of Decision: 25/01/2024 Sign off and authorisation: Service Health and Social Care Moray Department Moray Council, Children and Families and Adult Social Work, Community Care Finance and Blue Badge Service. Policy/activity subject to IIA Blue Badge Scheme (Disabled Peoples’ Parking Concessions) Procedure We have completed the integrated impact assessment for this policy/activity. Name: Garry Macdonald Position: Commissioning & Performance Officer (Adult Social Care Policies and procedures) Date: 25/01/2024 Authorisation by head of service Name: Position: Date: Permission to publish on website – yes Please return this form to the Equal Opportunities Officer, Chief Executive’s Office. Page 173
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DPIA Version 3.0 Page 36 of 64 Appendix 4 – Data Protection Impact Assessment (approved by the Data Protection Team) Information Assurance Group Data Protection Impact Assessment (DPIA) on: Blue Badge (Disabled Persons’ Parking Concessions) Procedure Link to Product Website <INSERT LINK TO PRODUCT WEBSITE HERE> Link to Product Privacy Policy Privacy Notice Adult Social Care Case Management v1.1.pdf A new privacy notice, specific to the Blue Badge scheme, will be completed by Data Protection/Blue Badge Service Author Garry Macdonald Commissioning and Performance Officer Adult Social Work Version Draft Version 0.1 Date 27/04/2025 Page 174
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DPIA Version 3.0 Page 37 of 64 A DPIA is a tool designed to identify and minimise the data protection risks of a project or process. They are required for any processes that are likely to result in a high risk to individuals and will assist the Council in adopting a ‘privacy by design’ culture. For more information, please see Appendix A. To identify whether you need to carry out a DPIA, please complete the question below and the initial screening questions, these will indicate if any further steps in the DPIA are required. NOTE for Education/Schools: Schools and Early Learning Centres should contact LearnTech@moray.gov.uk before starting a DPIA to avoid duplication of work, as another school may have already completed/be in the process of completing a DPIA since more than one school may require access to websites and applications. Page 175
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DPIA Version 3.0 Page 38 of 64 Step 1: Description of the project/resource Provide a brief description of the project, and, explain the aims and benefits. Where suitable, please link or refer to documents such as a project proposal, host site etc. If the DPIA relates to a resource, please describe what the resource/system will do, how it will be used and who will require access. Please also describe how the resource will be accessed. The draft Blue Badge Procedure does not constitute a new process or procedure, it is an update to the current Procedure and contains some changes to ensure it is up-to-date and Scotland-centric (as the Scheme requirements/criteria are set by Transport Scotland rather than the Department for Transport. The requirement to make some changes resulted from an Internal Audit with a completion date at the end of April 2024. The Audit recommendations are wider than the Procedure update, such as updating/clarifying the invoicing process, however, this DPIA is concerned with the update of the Procedure. The Blue Badge (Disabled Persons Parking Scheme) was introduced in 1971 under Section 21 of the Chronically Sick and Disabled Persons Act 1970 (“the 1970 Act‟). The aim of the scheme is to help disabled people of any age with severe mobility problems to access goods and services, by allowing them to park close to their destination. The scheme is open to eligible disabled people irrespective of whether they are travelling as a driver or as a passenger. The scheme provides a national range of on-street parking concessions to Blue Badge holders. It allows them to park without charge or time limit in otherwise restricted on- street parking environments and allows them to park on yellow lines for up to three hours, unless a loading ban is in place. The Procedure sets out the relevant legislation, regulations and criteria (set by Transport Scotland) governing assessment for, eligibility to and use of Blue Badges for both individuals and for organisations providing transport for people who would be eligible for a Blue Badge. The Procedure also sets out the application process, eligibility criteria both without further assessment (i.e. in receipt of the enhanced rate mobility element of Adult or Child Disability Payment) and with further assessment by an Independent Mobility Assessor (IMA) in relation to the person’s mobility/disability if the person is not automatically eligible. It also covers renewals; replacement badges, any charges for a new badge or a second or subsequent replacement badge and the appeals process. Some of these functions are, in essence, legal obligations of the local authority. In order to fulfil them, employees of the department collect information from children and adults (or their authorised representatives or parents), employees and other/partner organisations. Data gathering, recordkeeping, and analysing information are fundamental for the Page 176
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DPIA Version 3.0 Page 39 of 64 provision of support, be that directly through working with adults and children or indirectly by commissioning services and improving the quality of service. The variation of the existing procedure relates more to ensuring that the process is accurate, up-to-date and is Scotland-centric. This is due to Transport Scotland now leading on this and setting criteria, as opposed to the Department for Transport (UK) doing so. There is different terminology and some differences in criteria between England and Scotland when it comes to assessment and eligibility. However, it is clearer now that a reasonably significant number of people (in the thousands) will apply for and be in receipt of a Blue Badge. In administering the scheme and determining eligibility, this will involve the Council sharing sensitive health information with, for example, benefits agencies. Therefore, the risk appears to be significant and, in my view, this change to the Procedure would be subject to a full DPIA. Step 2: Screening Questions There are two sets of screening questions, they will signpost whether a full, brief or no DPIA is required. Set A (directs to Full DPIA) Does the project involve any of the following? Yes (tick) No (tick) 1) Evaluation or scoring, profiling and predicting - Especially from aspects concerning the data subject’s economic situation, health, personal preferences, interests, reliability, behaviour, location or movements. In this case, some further assessment of health/mobility by an IMA to determine eligibility for a Blue Badge √ 2) Automated decision making - Any processing of personal data that has zero human involvement. E.g. an online HR recruitment test in which the data subject completes a series of multiple choice questions which automatically determine whether the subject proceeds to the next stage of the recruitment process or not. √ 3) Systematic monitoring - Processing used to observe, monitor or control data subjects. E.g., CCTV in a public area. Includes any monitoring in circumstances where the subject may not be aware that their data is being collected. √ Page 177
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DPIA Version 3.0 Page 40 of 64 4) Data processed on a large scale You should consider: A) The number of data subjects involved in the process B) The volume and range of personal data involved C) How long will the processing activity be in place for (e.g. will this affect data subjects on an indefinite basis or over many years?) D) The geographical extent of the processing activity (consider this in combination with other factors – e.g. if Moray-wide is it collecting data from a significant proportion of the people within Moray?) A significant amount of data subjects, sensitive health data and potentially data sharing over a number of decades for some individuals. √ 5) Re-using old dataset(s) for a new, completely different purpose from which it was first intended - An example of this would be using a database of unsuccessful applicants for a job as the basis for a mailing list advertising a ‘job club’ or similar employment help scheme. The data subject provided their information in order to apply for the job only: it should only be used and retained for this purpose alone. - However, using information collected as part of the housing benefit assessment to verify eligibility for another entitlement is a reasonable enough expectation and so is not a “completely different purpose”. There is a question in Screening Questions Set B for these types of instances. - Includes combining two data sets previously used for different purposes and/or originating from different controllers √ 6) Data primarily concerning vulnerable data subjects - Note that this is distinct from the earlier question on sensitive data in general. This is concerned with who the data subject is about rather than what the data is. - This includes any vulnerable groups of people (e.g. the elderly, asylum seekers, patients etc.) and children in general. It also includes areas where the imbalance of power between the Council and the data subject can be seen as greater and thus leave them ‘vulnerable’ by being unable to consent to or oppose the process. For example, it would be difficult for an employee to oppose personal data being processed for HR reasons. √ Page 178
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DPIA Version 3.0 Page 41 of 64 If the answer to any of these questions is “Yes”, a full DPIA should be carried out. If the answer to none of these questions is “Yes”, complete Set B Eligibility to a Blue Badge (for example, issues with mobility/disability), in my view, would not necessarily equate to someone being a ‘vulnerable’ person. 7) Applying novel/innovative technologies - E.g. facial recognition software, biometric technology, other novel ways of collecting personal data. - This does not include collecting information through a different medium, such as online rather than by using paper forms. √ 8) Sharing data outside of the United Kingdom (UK)/European Union(EU)/European Economic Area (EEA) - Note that this may include third party services based outside of the UK/EU/EEA. For example, if you are using a system run by a Russian company it is possible that the personal data you enter into the system is held on their Russian-based servers. - This does not include instances where you are sharing a data subject’s own personal data with themselves. √ 9) When the processing in itself prevents data subjects from exercising a right or using a service or a contract - This includes processing performed in a public area that people passing by cannot avoid, or processing that aims at allowing, modifying or refusing data subjects’ access to a service or entry into a contract. An example of this is a bank screening its customers against a credit reference database in order to decide whether to offer them a loan or not. Another example would be if the Council banned a service user from a certain building, but also ran a consultation that could only be accessed by visiting that building. √ Page 179
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Set B (directs to Brief DPIA) If the answer to any of these questions is “Yes”, a brief DPIA should be carried out. Does the project involve any of the following? Yes (tick) No (tick) 1) Sensitive data - This includes data regarding: (a.) Racial or ethnic origin (b.) Political opinions (c.) Religious or philosophical beliefs (d.) Trade union membership (e.) Genetic and/or biometric data for the purpose of uniquely identifying a person (f.) Data concerning a person's health (g.) Data concerning a person's sex life or sexual orientation (h.) Data relating to criminal convictions and offences or related security measures (f) data concerning a person’s health √ 2) A new collection of personal information - For example, collecting information about individuals’ locations or for a new ‘opt-in’ process, mailing list or similar. √ 3) Re-using old dataset(s) for a new purpose, but one which is related to the purpose for which the data was first gathered - For example, using information collected as part of the housing benefit assessment to verify eligibility for another entitlement √ 4) Using a third-party contractor when processing personal information - For example, outsourcing HR functions or storing information in the cloud. √ Note: Question 5 will not apply if this is a brand-new process, and no data has as yet been collected 5) A change in the way personal information is stored or secured - For example, transferring the storage of personal information into the cloud, or the implementation of a policy that effects a change to the way personal information is stored or secured. √ Note: Question 6 will not apply if this is a brand-new process and no data has as yet been collected 6) A change to the way that personal data is currently collected. - For example, collecting information online rather than on paper forms. √ Page 180
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If the answer to none of these questions is “Yes” then send the DPIA form to dataprotection@moray.gov.uk. Step 3: Full and Brief DPIA 1. Summarise why you have identified the need for a DPIA; is it for part of a process, a new project, or for a proposed alteration to an existing process? Although someone eligible for a Blue Badge would not necessarily constitute a person who is ‘vulnerable’, the fact that we share sensitive health data about individuals with agencies such as Social Security Scotland (in determining eligibility), along with the number of data subjects involved, dictates that a full DPIA is required. This alteration/update of the Procedure has clarified these issues, leading to this decision to complete a full DPIA. 2. Describe the flow of information – include where it comes from, who collects it and how, where it’s stored, how it’s used, who manages it at each stage of the process, when and how it’s deleted or archived. A diagram, flow chart or link to relevant websites or documents might be useful here. For a full DPIA this needs to be as thorough as possible. Data flow draft.docx 3. How are data protection and privacy currently managed in relation to this process or activity? Show where the change that the project involves will fit with the current systems. No change – the update to the Blue Badge Procedure has not changed the management of these aspects 4. Is the project a one-off initiative or part of an ongoing system? Ongoing system Page 181
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5. Is the information being processed already collected/held? (Yes/No) Some of the information being processed is already held and some is new data. In terms of the former (held), employees (e.g., social workers) currently process (e.g., analyse and assess) already held information as part of working with adults and children using the service. For example, we may already have information regarding someone’s mobility issues and/or eligibility to mobility elements of certain benefits. Furthermore, quality and performance monitoring activities are conducted on information that we already hold. For example, Information Systems Officers use data from Social Work Information Systems to support reporting requirements (i.e. to the Scottish Government); quality assurance workers audit casefiles that are subsequently analysed by Consultant Practitioners for improvement, quality assurance and monitoring purposes. In terms of processing new information, employees (e.g., social workers, reviewing officers, community care officers, Independent Mobility Assessors and Blue Badge team staff) speak to new and existing service users on a daily basis. They, and other employees (including admin teams), process the gathered information. The processing includes analysis of individual circumstances (including mobility/health circumstances) enabling the formulation of eligibility decisions and/or effective support plans (where necessary and appropriate); processing also includes the analysis of information to monitor and improve the quality of the service. New information (e.g., opinions/feedback about internal procedures; professional experiences) may also be collected from employees. The employees themselves and their line managers as well as the quality assurance team can process such information. Furthermore, a third party (e.g., Care Inspectorate) may process the data. 6. Who are the main stakeholders (Council department(s), Schools, third parties/other organisations involved) and what are their roles in the project? Adult and children Service Users – provide (themselves or via their authorised representatives or parents) accurate and up-to-date information in order to receive the most appropriate support possible and to contribute to organisational development Adult and Children & Families Social Work Departments - their responsibility is to gather necessary information and feedback from service users (their authorised representatives) and employees, maintain the data sets’ accuracy and safe storage. It is also their responsibility to process this information in order to: - Provide appropriate and effective services, support and planning for adults and children - Outsource/commission services, where appropriate, in a most efficient way - Monitor and improve the service and practice Other agencies (in particular in relation to Blue Badge, Social Security Scotland, Department of Work & Pensions, NHS Grampian, Third Sector Page 182
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Organisations/Partners) - the information sharing with other agencies is two-way; their role is to provide accurate information (i.e. health data about individuals) and contribute to its processing by Social Work; it is also their role to accurately and safely store the information they receive from Social work (i.e. as a result of an application to the Blue Badge team and/or an assessment of eligibility by an Independent Mobility Assessor) Scottish Government – they ask for data and prescribe how we hold it Care Inspectorate – they ask for information and process it for quality assurance purposes Service providers – i.e. those applying for and eligible for an Organisational Blue Badge to provide transport for individuals who would be eligible for a Blue Badge (to safely store the information they receive from social work and to use it to provide the contractually agreed service). E.g. a taxi service, a minibus for blue badge service users. 7. Who will be the Asset Owner/person responsible for the data? (e.g. head teacher, head of dept) Chief Social Work Officer. Ultimately, CEO Moray Council 8. How many data subjects (individuals) are likely to be affected by the project? Several thousand – both existing and new Blue Badge holders 9. Do the data subjects include children (under 12 years old) or any other vulnerable group(s)? Yes – children under 12 are entitled to a Blue Badge if they are eligible (some are automatically eligible i.e. in receipt of the enhanced mobility rate of Child Disability Payment) yes – those with medical/health needs might be vulnerable. 10. What timescales are involved; is there a target implementation date? Ongoing Page 183
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STEP 4: Personal Data (Brief and Full DPIA) 11. What personal data will be collected? E.g. names, email addresses, NI numbers, gender, health information, criminal offences etc. Note what is required and what is optional. For Blue Badge, data may include: Names, contact details (email addresses, telephone numbers, postal addresses), date of birth, place of birth, Driving Licence Number, NI numbers, health information, mental health information, disability information. NHS Number. Proof of address, proof of identity, and image of the data subject (mug shot) If a form is completed on someone else’s behalf, then: • For the person completing form: Names, contact details (telephone, email address), Relationship to applicant. • Information about the counter signatory professional: Names, Job title, Date of last contact with applicant, Registration number, Organisation they work for, contact details (Work telephone number and Email address) • For organisational applications: Name of the organisation, Charity number (if applicable), Name of main contact, Current address & postcode, Contact details (Telephone number and Email address) 12. How will the information be collected/where does the data come from? Please see the flowchart in Step 3, Table 2. The information comes from service users, employees (including Independent Mobility Assessors) and other agencies; it is collected via conversations/assessment, application forms and online applications etc. 13. If reused, is the use or collecting method different? The information is re-used for quality assurance and improvement as well as reporting purposes. In such cases, the collection method is no different. 14. Where will the data be stored and in what format? E.g. Shared drive spreadsheet, national database, paper files in locked cabinet in dept’s office, online website hosted within EU. Please see the flowchart in Step 3 Table 2. All case recording/data, where possible, is stored on the CareFirst, internal networks and/or physical forms. CareFirst is a web based, case management system comprising a suite of integrated modules covering the full spectrum of children and adult services client groups. CareFirst is UK based. Page 184
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The internal network is an organisation-owned and organisation-controlled system where the establishment, maintenance, and provisioning of security controls are under the direct control of organisational employees or contractors. Social work’s servers are in Moray. Paper files are held in locked cabinets in Moray Council premises, and in the Council’s Closed Records Stores. 15. What measures are in place to ensure the information is accurate and up to date? Can incorrect information be amended? Badges are renewed on a regular basis (1, 2 or 3 years depending on the type of badge) 16. Who will have access to the information (whether inside or outside the Council)? E.g. NHS, data subjects (including parents for school pupils) Data is only directly accessible to authorised and trained staff within the Council’s Social Work Department. However, we do share information with third parties (e.g., NHS Grampian, Scottish Government, Social Security Scotland, DWP and other agencies as previously stated, commissioned service providers etc.) as discussed below. 17. Are any other third party processors or sub-processors used to process data at any point? If so, please identify all of these, where they are located and the role they perform in processing personal data. Other agencies such as Social Security Scotland and the DWP (health information, eligibility to mobility components of disability benefits) as well as the Scottish Government may also process data that we share with them. For the former, it is usually in relation to assessment and eligibility for a Blue Badge, to ensure that service users are appropriately and effectively supported by multiple agencies (e.g., both Health and Social Work may jointly support the adult). The Scottish government, on the other hand, processes information we share with them for monitoring (e.g., National Indicators) and service planning purposes. 18. Does any part of the data leave the Council’s ICT infrastructure? Yes, as per above. 19. Does any part of the data leave the UK, European Union (EU) or European Economic Area (EEA)? This includes via a sub-processor or third party. Page 185
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No. Servers are in Moray, and we aim to only use UK-based services for any other data collection and processing 20. If a new process how will the data subjects be informed of any changes? Not a new process. Please see the overarching Privacy Notice (which is to be updated) attached earlier in this document 21. How is the information managed and protected? Any security features? For example encryption of the personal data or pseudonymisation (removing personally identifiable information fields and replacing with pseudonyms)? How is the personal data backed up and can it be restored timeously? The collected information’s storage is well-protected. CareFirst, our primary storage, is owned and secured by OLM. It is password protected and only trained staff with ICT ‘permissions’ can access it. Access to the internal networks is also subject to ICT ‘permissions’ such as access, edit and change ‘permissions’. All laptops in employees’ homes are VPN protected, so that remote access to internal networks is safe. Paper files, as noted previously, where they need to be kept, are placed in locked storage and all staff are GDPR trained. The use of non-encrypted USBs is not allowed. We also aim to ensure that we share information in a safe manner through a combination of encryption, removal of identifiers (aggregating information), and pseudonymisation: - We use encrypted emails to share information where the identifiers are included - We remove identifiers in instances where data is reported in an aggregated form (e.g., Scottish government, FOI requests – including the exclusion of low numbers) - We pseudonymise information where the data is processed and reported for quality assurance/improvement purposes (e.g., reflective case discussions) - Information sharing by social workers, whilst not password protected, is governed by data sharing procedures, including the data protection breach management guidance and process. Personal information is automatically backed up over-night. 22. How long will the information be retained and how will it be disposed of or archived? Does it align with the Council’s Retention Schedules (Available here)? TO BE ADDED TO RETENTION SCHEDULE. Currently kept for closure +7yrs, then destroy. Page 186
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STEP 5: Legal Basis (Brief and Full DPIA) Check how your proposal measures up against the data protection requirements. The questions follow the guidance information: Legal Basis It is unlawful to process personal data without having a valid legal basis. For personal data that does not relate to any of the special categories the legal basis for the proposed processing must be one or more from the following list. Please note that ‘data subject’ means the person to whom the personal data relates. • 6(1)(a) – Consent of the data subject • 6(1)(b) – Processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract • 6(1)(c) – Processing is necessary for compliance with a legal obligation • 6(1)(d) – Processing is necessary to protect the vital interests of a data subject or another person • 6(1)(e) – Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller • 6(1)(f ) – Processing is necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject. In many cases condition 6(1)(e) will be the most relevant. For personal data that relates to any of the special categories the legal basis for the proposed processing must be one or more from the following list: • 9(2)(a) – Explicit consent of the data subject, unless reliance on consent is prohibited by EU or Member State law • 9(2)(b) – Processing is necessary for carrying out obligations under employment, social security or social protection law, or a collective agreement • 9(2)(c) – Processing is necessary to protect the vital interests of a data subject or another individual where the data subject is physically or legally incapable of giving consent • 9(2)(d) – Processing carried out by a not-for-profit body with a political, philosophical, religious or trade union aim provided the processing relates only to members or former members (or those who have regular contact with it in connection with those purposes) and provided there is no disclosure to a third party without consent • 9(2)(e) – Processing relates to personal data manifestly made public by the data subject • 9(2)(f) – Processing is necessary for the establishment, exercise or defence of legal claims or where courts are acting in their judicial capacity Page 187
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• 9(2)(g) – Processing is necessary for reasons of substantial public interest on the basis of UK law which is proportionate to the aim pursued and which contains appropriate safeguards • 9(2)(h) – Processing is necessary for the purposes of preventative or occupational medicine, for assessing the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or management of health or social care systems and services on the basis of UK law or a contract with a health professional • 9(2)(i) – Processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of healthcare and of medicinal products or medical devices • 9(2)(j) – Processing is necessary for archiving purposes in the public interest, or scientific and historical research purposes or statistical purposes in accordance with Article 89(1) The ICO advises that public authorities will find using consent as a legal basis difficult. So if the proposed processing is to use consent as its legal basis you need to indicate why this is necessary and seek the advice of the DPO. ‘Sensitive data’ includes: • special categories of data as defined in Article 9 i.e. racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health or data concerning sex life or sexual orientation. • personal data relating to criminal convictions or offences; • data which may more generally be considered as increasing the possible risk to the rights and freedoms of individuals, such as electronic communication data, location data, financial data (that might be used for payment fraud). 23. What is the legal basis (see above) for processing the personal data? We have multiple legal bases for collecting and processing personal data; these include: • 6(1)(e) – Inc for Care & Support (i.e. issuing Blue Badges for parking concessions if eligible) The Disabled Person's Parking Badges (Scotland) Act 2014 Chronically Sick and Disabled Persons Act 1970 and the Disabled Persons (Badges for Motor Vehicles) Chronically Sick and Disabled Persons Act 1970 Page 188
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24. What is the legal basis for processing any special category data? We also have multiple legal bases for the collection and processing of any special category data; these include: • 9(2)(g) 25. If you are relying on consent to process personal information, how will this be collected and what provision will be made for people to withdraw their consent? What if consent is withheld or withdrawn? n/a 26. How will you tell individuals about the use of their personal information? E.g. privacy notices Privacy Notices: 27. If you already hold or process this information, is there any significant change being made that data subjects would need to be informed about? How will you inform those affected about the change? There are no changes being made to the procedure or data processing that data subjects need to be informed about. STEP 6: Consultation (Full DPIA) The DPIA should consider and be representative of every aspect of the process. For this reason it is strongly recommended that you consult with any other departments or partners involved in the process when completing the DPIA. This section should be used for reporting who you have consulted with and the discussions, recommendations and other salient points that have arisen. You should first familiarise yourself with all of the steps of the Full DPIA process so you will know which issues require consultation. It is more helpful to think of this not as a single distinct step, but as an ongoing part of the Full DPIA. 28. Who has been consulted and what issues were discussed? Have any assurances, demands or concerns been raised, and if so how have they been resolved? A wide range of employees were consulted in this DPIA exercise. This includes: - Social Work Service Managers - Social Workers in Adult Services and Children & Families - Community Care Finance Staff and Corporate Finance - Blue Badge Team staff and administrators - Independent Mobility Assessor - Occupational Therapy Team Manager Page 189
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- Policy Teams (Adults and Children & Families) - Records and Heritage Manager, and Data Protection Officer - Information Governance Officer Additionally, some assurance was previously provided, including: - The exclusive use of servers in Moray or in the UK - The timely back-up of personal data - The consistent inclusion of privacy notices in contracts outsourcing services - Clarity around the access CareFirst owner would have to our data - Clarity around retention schedules - Clarity around data breach processes, which also outlines steps to decrease the likelihood of future data breaches 29. Is there any other pertinent information about what exactly happens to the information during the process? E.g. is the personal information used by a third party with whom we have no direct control or agreement in place? No Page 190
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STEP 7: GDPR requirements (FULL DPIA) Third Parties: The Council needs to be able to demonstrate robust arrangements with any third parties who process data on our behalf. This could include software developers, public sector partners (e.g. Scottish Government, NHS), private service providers etc. 30. Will any third parties be processing personal data? Yes. These include – Social Security Scotland and the DWP: Scottish Government, NHS Grampian 31. If so is the arrangement set out as part of a contract, data sharing agreement or similar, and, are there pertinent clauses or details regarding data protection? Data sharing agreement 32. If the arrangement is not part of a contract, data sharing agreement or similar please specify nature of the current arrangement and state if a new agreement is required. New Technology 33. Does the project involve using new technology that might be perceived as being privacy intrusive? For example, the use of CCTV, Automatic number plate Recognition (ANPR), body worn cameras, biometrics or facial recognition? Nothing new under the Procedure update Public Impact 34. As a local authority we need to be aware of the extent and severity of the impact this project will have on the affected individuals. Will this project have minimal impact on individuals? Will it have some impact on individuals and potentially raise public concerns? Or will it have a high impact on individuals and potentially raise negative media publicity? Are there any current issues of public concern that should be taken into consideration? The aim of social work/Independent Mobility Assessor intervention is to support children and adults to achieve their assessed, agreed, personal outcomes in various aspects of their lives. It is also to ensure their rights are protected in certain Page 191
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circumstances – such as automatic (or assessed) eligibility to a Blue Badge for parking concessions. As set out earlier in the form, we primarily collect and process information to protect children and adults from harm and to support them and their families in appropriate ways. As a result of this work, we hope to see children and adults safe and well, and an improvement in their and their families’ situation. This includes a protection of their rights, including Human Rights as set out in the Integrated Impact Assessment for the Blue Badge Procedure. The aim of the Blue Badge scheme is to help disabled people of any age with severe mobility problems to access goods and services, by allowing them to park close to their destination. The scheme is open to eligible disabled people irrespective of whether they are travelling as a driver or as a passenger. A breach of their information (including sensitive health information) can have high and negative consequences, including facing prejudice and stigmatisation. This could also lead to negative or unwanted media publicity. A loss of trust between service users and a service can negatively impact the ability of the Council to provide that service. These, in turn, can have a negative impact on individuals’ mental and physical health. As such, we aim to have robust processes in place to avoid data breaches, as noted earlier in the form. There are no known current issues of public concern that need to be taken into consideration. Data Subject’s Rights The data subjects have certain rights relating to the information held on them. These rights can vary, chiefly depending on the legal basis for processing but also on other factors. Not all of these rights will apply all of the time, but you should be prepared to be able to fulfil the main ones. • Right of access: requires you to respond to Subject Access Requests (i.e. provide a copy of all of the information held on a particular individual). Almost always applies. • Right to rectification: requires you to update their information upon request. Almost always applies. • Right to erasure (the ‘right to be forgotten’): requires deletion of personal data held on the subject. Applies when the legal basis is Consent and, in certain cases, Legitimate Interests. • Right to object: in certain circumstances, requires a halt all processing of their personal data. Page 192
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• Right to restrict processing: in certain cases, requires that an individual’s data is marked as ‘not to be processed’ and that no action is performed on the marked data. • Right to data portability: in certain cases, requires that we provide the personal data we hold on an individual in a structured, commonly used and machine readable format. Only applies to entirely automated processes. 35. In the cases where the data subject’s rights apply, will fulfilling any be problematic? Right to erasure (the ‘right to be forgotten’): these requests would be considered on a case by case basis, nonetheless it is unlikely to be applicable to the vast majority of personal information held. Right to object: stopping the processing of personal information may halt the provision of appropriate support that Social Work can provide/facilitate to data subjects i.e. provision of a current, approved Blue Badge; it may also hinder adult protection procedures. Again, it is unlikely to be applicable in most cases. Right to restrict processing: restrictions in the processing of personal information may halt the provision of appropriate support and it may hinder adult protection procedures. Again, it is unlikely to be applicable in most cases. Data Breaches All known or suspected data breaches must be investigated and those that are likely to cause any harm or distress must be reported by the DPO to the Information Commissioner’s Office within 72hrs. Guidance on this is available on the intranet here, nonetheless: 36. If a data breach were to occur how would this be flagged up? Who within the Council would be initially made aware of a known or suspected breach? If external company is being used are there any reassurances, and, what contact details are there? Standard Council procedures followed, and if any data is shared with external parties, then agreed procedures will be followed (e.g. as per DSA/ISP/Contract) Standard Council Procedures to be followed including the data protection breach management reporting, guidance and process. Page 193
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STEP 8: Risk Assessment (Full DPIA) This section is for reporting the exact privacy risks and issues that have arisen so far, as well as any others that are pertinent to the project. For each risk there should be a matching recommendation or action for how to mitigate it. Mitigation solutions should be practical and sustainable. Reviewing the project once it is operating will help to identify whether the mitigations are working as planned. A privacy risk is the risk that a proposal will fail to meet a data subject’s reasonable expectations of privacy - for example, the Council failing to comply with Data Protection legislation, or unreasonably intruding into a data subject’s personal affairs. Consider the direct risks from the proposal as well as any consequential effects. The following list is of some potential solutions to risks that you may identify. Note that this list is not exhaustive: • minimise the amount of personal information collected • better and clearer communication with data subjects • design the system to provide better security • provide training and support for staff to help them get it right The best opportunity to identify risks is during consultation. Workshops with the key people involved in the project, interviews with individuals likely to be affected by the proposal and conducting a joint review of the documents and procedures relating to the project are some of the ways that can identify the risks. The data protection requirements provide a good framework for asking the right questions, both legal and non-legal, about the impact on the people involved. Description Likeliho od Impact Risk rating (L x I ) Mitigation/ Actions Residual Risk Risk Owner Date Page 194
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Example only: Staff not aware of their obligations when recording personal data. Medium High High All staff to undertake GDPR e- learning. Training guides will be provided to all staff involved in the process. Medium Educ. 25/5/18 Data breach due to employee negligence (e.g., sending emails to the wrong recipients) M H MH All staff are trained, guidance and case recording procedure documents are available, and the process to report suspected/known breaches is clear and accessible including via the Interchange. L SW 27/04/25 CareFirst/Shared Drive access disrupted L H M Backups secured by ICT, local knowledge within the workforce for the most vulnerable service users. Business Continuity Plan. L SW 27/04/25 Accuracy of information (inc addresses/numbers etc) H M MH Single source of truth (CareFirst) to be regularly updated. Set procedures for communications: e.g. for leaving voicemails, sending letters etc. L SW 27/04/25 Access to /Permission to access information M H MH ICT provide ‘permissions’ of various levels (including ‘view’, ‘write’ and L SW 27/04/25 Page 195
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‘change/edit’) for information systems. Letters sent to be marked “for addressee only/P&C/Return address etc” Access to Records, inc CareFirst – staff looking up inappropriate records L H M Training is required before access given. As above re permission types. Records can be restricted via a restriction request form. CareFirst monitored. L SW 27/04/25 Physical information security (paperwork left on top of car, cafes, trains etc) L H M Training and guidance provided on how to prevent such data breaches/reduce impacts. Procedures include the requirement to take only the required information out of the office (i.e. home visits) and anonymised where possible. Use the Closed Records Store. M SW 27/04/25 Loss of paper files; e.g. fire at Closed Records Store, Office buildings etc L H MH Various safety measures in place on building security, information on where/what records are stored. L SW 27/04/25 Page 196
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Most paper files are linked to an overarching electronic file on information systems. Information stored in incorrect places – use of own devices L H M ‘How To’ guides on case recording and CareFirst/Informati on Systems. No forwarding of personal/case info to personal devices/ emails is permitted. L SW 27/04/25 Sharing information between partner organisations L M M Information Sharing Protocols, DSA’s and Verification checks in place when discussing service user info. L SW 27/04/25 Information not received in a timely manner; either from partner organisation, or a concern not suitably reported M H H Concerns handled swiftly, clear communication channels between partner agencies (for example, Multi- Agency and Multi- Disciplinary Team discussion of an adult protection concern report) in the context of policies/procedure s M SW 27/04/25 Page 197
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STEP 9: DPO Advice and Sign off (Brief and Full DPIA) Once you have completed this DPIA, please return it to the DPO. Residual risks accepted by: Contact/Approver/Manager Chief Social Work Officer DPIA Status Head of Service and Chief Social Work Officer Date Final Version 1.0 If there are any residual high risks, the DPO must consult the ICO before proceeding any further. DPO Advice: Name: Alison Morris, Information Governance Manager & DPO Date: 6th Aug 2024 Summary of Advice: DPIA has been approved following clarification of, • Data shared with Social Security Scotland and Scottish Government • Blue Badge Service and data processing relationship with Valtech • Whether applications can be progressed via Gov.uk https://apply- blue-badge.service. It’s fine to continue with the DPIA with the following caveats: • New Privacy Notice required specifically for Blue Badge(s) – to be completed by Data Protection • The various Blue Badge forms should be reviewed with new links to the bespoke Privacy Notice added (at a later date once PN is completed) • Sign updated agreement with Valtech (Data Protection Team) If anything significant changes then this DPIA should be updated and reviewed, otherwise this DPIA should be updated and reviewed in 3 years’ time. Advice Accepted / Overruled If overruled, you must explain your reasons Page 198
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By: Name of person accepting or overruling: Reason for overruling: Date of next DPIA review: As above (Education only) Link to RAG List Guidance: When completed please save, rename to DPIA <insert the name of the project/software/process> and email dataprotection@moray.gov.uk Thank you. Page 199
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Appendix A: DPIA Introduction A Data Protection Impact Assessment (DPIA) is designed to consider potential data protection and the privacy impacts of processes and projects; they are a method of recording identified risks, issues and the safeguarding factors introduced to alleviate such concerns or potential impacts. They will assist the Council in adopting “privacy by design” for any new initiatives that involve personal data as well as consider the potential data protection and privacy impacts of our decisions, and, demonstrate that we have done so, as well as comply with data protection legislation. All new processes or changes to existing processes involving personal data must undergo the initial screening questions, which will indicate whether any further steps in the DPIA are required. Completing a DPIA offers several practical benefits. It can identify problems and opportunities early, which should make it easier and cheaper to address them. It is more efficient to build in good privacy management throughout a project, rather than trying to bolt it on at the end. It will not be possible to identify and eliminate every risk, or identify every opportunity, and a DPIA does not aim to do so. However, it gives a good chance of identifying the most serious and the most likely problems. This template covers the initial screening questions and two levels of DPIA; a brief and a full DPIA. Data protection legislation requires a full DPIA to be completed to assess proposed measures that pose particular risks relating to how personal data is used. For brief DPIAs only some of the sections are required (Steps 1-5 and 9), whilst all sections are required for a full DPIA. It is essential that the Data Protection Officer (DPO) has oversight of the scope of the process or project and is able to input as necessary, although the responsibility for completing the DPIA in a timely manner ultimately falls with the department with chief responsibility for the process or project. The DPO signs off DPIAs, however, it is up to departments to implement recommended caveats and mitigations, if departments do not plan to do so they should document this at Step 9 of the DPIA. A DPIA does not set out to identify and eliminate every possible privacy risk: its role is to identify genuine risks that are not unreasonably small or remote. They should be kept up to date throughout the lifespan of the process or project and reflect any relevant changes; contact the DPO to make these updates. It is recommended to revisit DPIAs on a regular basis. Page 200
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At any stage advice and guidance is available by emailing dataprotection@moray.gov.uk. The Council’s DPO is Alison Morris, Records and Heritage Manager. NOTE for Education/Schools: Schools and Early Learning Centres should contact LearnTech@moray.gov.uk before starting a DPIA to avoid duplication of work, as another school may have already completed a DPIA since more than one school may require access to websites and applications. When completed please save, rename to DPIA <insert the name of the project/software/process> and email dataprotection@moray.gov.uk. Thank you. Page 201
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Definitions Data subject – A living individual to whom personal data relates. Data controller – A body that determines the purposes for and manner in which personal data is used. This includes employees of the data controller. The Council is considered to be the data controller for most of its activities that involve personal data. Data processor – A third-party body who processes information on behalf of the data controller. This only applies to third-parties with who a formal contract is in place. In most cases you will be a controller who processes their own data rather than purely a processor, unless a third party has provided you with personal data and there is a legal contract with them that specifies what you are required to do with this data. Personal data - Any information relating to a data subject, particularly information that can be used to identify them. This ranges from name, age, address and other contact details to health records, HR records, IP addresses and opinions about the individual. Process/data process/processing – Relates to any activity you perform on or uses personal data. This includes storing and gathering the data. Data Protection Officer (DPO) – Moray Council’s designated individual, who is responsible for signing off the outcomes of the DPIA process, is the Records and Heritage Manager, dataprotection@moray.gov.uk. Data Protection Legislation primarily includes: Data Protection Act 2018 (DPA) and the United Kingdom General Data Protection Regulation (UK GDPR). Page 202
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Report to: Economic Development and Infrastructure Services Committee Meeting Date: 11 November 2025 Report by: Executive Director Economy, Enterprise and Operations Author: Janet MacDonald Contact Email: Janet.macdonald@moray.gov.uk Subject: Active Travel Strategy and Action Plan 1. PURPOSE ☐ For Decision ☒ For Information 1.1 The purpose of this report is to note the progress mae over the past year on the delivery of the Active Travel Strategy, which sets out the Council’s vision and action plan over 5 years from 2022 - 2027 for Active Travel in Moray. 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 functions. 2. SUMMARY 2.1 The Active Travel Strategy annual update provides details of the delivery of Year 3 of the Action Plan. 2.2 There have been many successful new and ongoing projects this past year including the return of the Speyside Challenge, the delivery of many Active Travel school initiatives, community Bike Fests and the completion of four construction schemes including raised crossings along Morriston Road. 2.3 The focus for new infrastructure in the past year was on more localised interventions i.e. crossings and improvements, rather than construction of new paths. Therefore, a total of only 170 m has been added to the Active Travel network through our construction projects. 3. BACKGROUND AND CONTEXT Page 203
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3.1 The Active Travel Strategy (ATS) is a 5-year plan from 2022 to 2027 which aims to build on the increase in walking and cycling seen over the period covered by the previous ATS, as well as meeting the Scottish Government requirement for Councils to have developed an ATS and scheme list to support applications for external funding. 3.2 Active Travel (AT) has many benefits to both communities and individuals and has a number of positive outcomes for public health, social inclusion, reducing the environmental impact of transport and for supporting local economic activity. By choosing to walk, wheel or cycle over private vehicle use, it can help deliver a low cost, high return for society as a whole and on individual health. Key policies within the National Planning Framework 4 (Policy 13 Sustainable Transport and Policy 15 Local Living and 20 Minute Neighbourhoods) also reiterate the importance and benefits of AT. 3.3 This is the third annual progress report, three years on from the approval of the ATS in November 2022. The Annual Report for 2024/25 is attached as Appendix 1. 4. ATS PROGRESS REPORT 4.1 The progress report (Appendix 1) presents a summarised overview of progress to date against the third year of the ATS Action Plan, as well as proposed activities for supporting the next stages of the strategy. Funding 4.2 A new fund was introduced at the beginning of 2024 for FY 2024/2025. Active Travel Tier 1 (ATIF 1) which is a direct grant from Transport Scotland and is allocated on an annual basis. This is now the second year of funding through ATIF1which is distributed and allocated directly to each Local Authority on a weighted pro rata basis. 4.3 Tier 1 allocation for 2025/2026 is £500,000, a slight increase on the 2024/2025 allocation of £433,813. 4.4 The funding mechanism for Behaviour Change projects has also changed, with funding being distributed again for a second year through the Regional Transport Partnerships ‘People and Place’ programme. The Council has also been awarded £106,998 for 2025/26 from Transport Scotland as a Local Authority direct award (LADA) for active and sustainable transport to complement the HITRANS funding, and to support the delivery of active travel initiatives across Moray. 4.5 The Active Travel Infrastructure Fund (ATIF Tier 2) was introduced in 2023/204.The fund is available to support the delivery of eligible construction-ready Active Travel schemes. In February 2024 an application was submitted for a medium sized ‘shovel ready’ project to be funded and completed in 2024/2025. A total of 70 applications were received by Transport Scotland, with a funding request of nearly £60million. The budget for ATIF Tier 2 was £20million. An award was granted in November 2024 to provide raised crossings alongside roads from the A96 to Brumley Brae along Morriston Road. The project was completed in March 2025. An additional 3 applications to this fund were submitted in February for 2025/2066. This included two construction projects and one design project. To date, no awards have been confirmed for medium scale ATIF2 projects. 4.6 Over the three financial years from 2023/24 to 2025/26, the total confirmed funding income for active travel initiatives in Moray now amounts to £2.722 million. This includes: • 2023/24: £1.2 million — which included funding from the now-discontinued Page 204
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Sustrans Places for Everyone programme • 2024/25: £742,000 — including the first year of ATIF Tier 1 funding (£433,813) • 2025/26: £780,000 — comprising ATIF Tier 1 (£500,000), LADA direct award (£106,998), and additional funding through the People and Place programme Programme delivery 4.7 In the past year the following schemes have been progressed, and behaviour change initiatives delivered through ATIF 1 and 2, as well as LADA and People and Place fund: Construction Projects • Rafford – New footway • Coulardbank Road, Lossiemouth – Toucan crossing at Lossiemouth High School • Ferry Road and Balnageith Road, Forres - Re-alignment of the junction to provide wider active travel path and new uncontrolled crossings • Morriston Road – Raised crossings Design Projects • Victoria Roundabout, Forres - Reallocation of road space (alternative option for traffic signals) • Linkwood Road, Elgin - Pedestrian island and associated road alignment • Coulardbank Road, Lossiemouth - Cycle track options between the A941 and Muirton Road • Victoria Road junction, Forres – Road space reallocation • St Peters Road/Barhill Road/Golf View Drive, Buckie – Pedestrian improvements at junction Behaviour Change and other projects • Over two hundred events and activities held by Moray Bothy, Cooper Park – Led rides, cycle confidence sessions, Ebike loans, maintenance lessons and pop up community events • Launch of public ebike hire scheme Hi-Bike in Elgin • Fourth year of the ‘Speyside Challenge’ • Four ‘Bike Fest’ events held in Cullen, Fochabers, Aberlour and Rothes • Active Travel Breakfast at Bishopmill Primary • Bike Bus initiative Dyke Primary • Development on four new School Route Audits to evaluate the quality of the walking environment around schools • Feasibility study for improvements on NCN1 route Portknockie – Findochty • New Elgin cycle barrier replacements • Installation of cycle parking and repair stations at 3 new locations • Moray Council staff travel survey • Update of Active Travel pages on Moray Council website 4.8 Of the above projects, the launch of Hi-Bike is of particular interest to note. The initiative was due to be officially opened by Fiona Hyslop MSP, Minister for Transport in September 2025. However, due to last minute parliamentary business this has had to be cancelled, and the launch will be rescheduled. The HITRANS trial expansion of the Hi-Bike electric bike hire scheme in Elgin, will build on its success in Inverness and Fort William. Seven docking locations have been strategically selected to serve key residential, educational, and recreational areas, including UHI Moray, Elgin Railway Station, and Cooper Park. Page 205
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4.9 The Elgin Hi-Bike expansion is expected to deliver a range of social, environmental, and economic benefits: • Reduced Carbon Emissions: By encouraging a shift from car journeys to Ebike use, the scheme supports local and national climate targets. • Improved Accessibility: The locations have been chosen to ensure broad access across Elgin, including underserved residential areas and key transport hubs. • Health and Wellbeing: Promoting active travel contributes to improved physical and mental health for users. • Economic Uplift: Increased footfall in the town centre and local parks may benefit nearby businesses and services. • Transport Integration: The scheme complements existing public transport options, offering a flexible and sustainable first/last-mile solution. • Data-Driven Planning: Usage data from the trial will inform future infrastructure investments and potential permanent expansion. 4.10 It is also worth highlighting the successful application to Transport Scotland’s new Active Travel Infrastructure Fund (ATIF) Tier 2 in February 2024 secured £152,298 to install raised crossings at four junctions along Morriston Road. This funding enabled a key improvement to the shared path, addressing safety and accessibility concerns raised by cyclists and other users. The raised table crossings will enhance route continuity, reduce vehicle speeds, and improve access for pedestrians, cyclists, and wheelchair users. These upgrades also strengthen connections to schools, leisure facilities, and National Cycle Network Route 1. 4.11 The progress report contains new observed cycle and pedestrian count data from January 2024 – December 2024. Fixed count sites within the urban areas of Moray are continuing for a third year to show an upwards trend in the number of pedestrians and cyclists. Those that have not increased, have generally stayed the same, with no obvious concerning decreases in usage. Many counter sites are now showing figures higher than during the Covid–19 pandemic where figures were exceptionally high, so the trend is promising. Data 4.12 Counters on routes which people use for leisure purposes had previously shown a reduction in movements in 2022, but 2023 data showed an increase in cycling in 4 out of the 6 leisure routes, with slightly higher figures than pre-covid. 2024 data shows that numbers have largely remained the same on most of these leisure routes. However there has been a decrease in use at some locations, including in the number of pedestrians at Fiddich Park, Craigellachie. Several of the counters on the upgraded section of the Speyside Way between Craigellachie and Cragganmore, continue to show a yearly increase in pedestrians and cyclists’ usage since 2022. This can be partly attributed to the upgrade improvement works along the Speyside Way, but also because of our annual ‘Speyside Challenge, which is held every September between Craigellachie and Cragganmore. September figures at each of the counter locations have generally seen an increase across the last 4 years with the challenge proving increasingly popular with local residents. When comparing 2018 and 2019 to current data there is now an overall picture of increasing active travel across both our urban and leisure routes. Next Steps 4.13 In line with the Moray Local Development Plan review, preparation for the next Active Page 206
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Travel Strategy (ATS) covering the period 2028 to 2038 will begin in 2026. This process will involve a comprehensive review of the current strategy, including all objectives and actions, to assess progress, identify gaps, and ensure alignment with emerging local and national policy priorities. The updated strategy will reflect new data trends, infrastructure developments, and behaviour change insights gathered through monitoring tools such as fixed counters, school travel surveys, and workplace engagement. It will also incorporate feedback from community consultations, lessons learned from the delivery of the current ATS, and integration with other key documents such as the Active Travel Masterplans, the People and Place programme, and the evolving priorities of Transport Scotland and HITRANS. Particular attention will be given to ensuring the strategy remains inclusive, evidence-led, and responsive to the needs of all users, including those underrepresented in active travel. A refreshed Monitoring and Evaluation Framework will also be developed to support robust performance tracking over the next decade. 5. SUMMARY OF IMPLICATIONS 5.1 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 and Biodiversity Impact X 5.2 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 Page 207
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5.3 Policy and Legal The Active Travel Strategy and Action Plan links to National and Regional policy objectives, as set out in the ATS strategy document, and Action 31 in the Moray Local Development Plan 2020 Delivery Programme and Action Plan – Encourage Active Travel. As well as Policy 13 Sustainable Transport, and Policy 15 Local Living and 20 Minute Neighbourhoods within NPF4. There are no legal implications arising from this report. 5.4 Financial There are no financial implications arising from this report. However, it should be noted that comprehensive delivery of the Action Plan will be contingent on ongoing successful sourcing of additional grant funding (subject to Council approvals). As set out in the ATS, it is intended to continue to fund the Action Plan through existing and any new AT funding streams, as well as applications for external grant funding when the opportunity arises. With the increase of planned infrastructure, a bigger proportion of maintenance budget will be needed to be spent in the future on any new Active Travel routes, including winter maintenance and gritting. Roads Maintenance are currently responsible for over 38 miles of cycle track both remote and adjacent to the road. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments n/a Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments n/a 5.5 Risk Without an up-to-date Active Travel Strategy and Action Plan, there is a risk of a fragmented approach to the provision of Active Travel infrastructure and Behaviour Change programmes, which may not fully capitalise on existing and future funding opportunities. Having an Active Travel Strategy, and list of identified schemes has been highlighted as an ongoing requirement for the Scottish Government’s ‘Active Travel Infrastructure Fund’. 5.6 Staffing The delivery of the ATS and building of new infrastructure is dependent on the current level of staff resources being maintained. Significant projects bid for through the Active Travel Infrastructure Fund will require additional staff members/support from external consultants, the cost of which will be included as part of any funding application. 5.7 Best Value and Transformation Not applicable. 5.8 Property Page 208
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There are no property implications arising from this report. 5.9 Information Communications/Technology/Digital Not applicable. 5.10 Equalities, Social Inclusion and Economic Impact Supporting and raising the profile of Active Travel is beneficial for public health, helps to tackle inequalities, enhance inclusion and enhances accessibility for all. The provision of new shared use paths when developing the network in Moray, will create better accessibility. This evidences the Council’s consideration of and compliance with the public sector equality duty in terms of eliminating discrimination and promoting equal opportunities while helping to reduce any socio-economic disadvantage. 5.11 Climate Change and Biodiversity Impacts Promoting Active Travel is one of the key actions in the Council’s Climate Change Strategy. The Active Travel Strategy and Action Plan can provide a positive impact on the climate through enabling and encouraging alternative modes of travel through Moray. Reduced emissions support nature recovery and the overall improvement of environments. Where appropriate, new Active Travel infrastructure will seek to provide areas for biodiversity e.g. by provision of rain gardens as part of any surface water management proposals. 6. CONSULTATION 6.1 This report has been prepared in consultation with Executive Director Economy, Enterprise and Operations, Head of Operations and Environment, Chief Financial Officer, Service Manager Legal Services, R Geddes-Stewart, Senior HR Adviser, Equal Opportunities Officer, Service Manager Strategic Planning and Development and Principal Climate Change Strategy Officer, and L Rowan, Committee Services Officer and any comments made have been incorporated into the report. 7. BACKGROUND PAPERS 7.1 Report to EDandISCommittee on 15 November 2022 Report to EDandIS Committee on 14 November 2023 Report to EDandIS Committee on 12 November 2024 Page 209
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Moray Council ACTIVE TRAVEL STRATEGY ANNUAL UPDATE 2025 Appendix 1 Page 211
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2 Moray Active Travel Strategy - ANNUAL UPDATE 2025 Bikefest 2025 Page 212
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Contents Moray Active Travel Strategy - ANNUAL UPDATE 2025 1 Introduction 2 Trends in Data 3 Year 2 Action Plan 10 Funding 16 Activity during 2024 17 Active Travel Tier 1 Funding 17 Tier 2 Active Travel Infrastructure Fund 18 HITRANS 19 Moray Bothy 20 Hi-Bike 23 NCN1 Portknockie to Findochty 24 Morrison Road - Raised crossings 24 Rafford - New footway 25 School Engagement 26 Active Travel Information Documents 31 Bike Fest 32 Speyside Challenge 34 Priorities for the year ahead 35 ATIF Tier 1 Direct Award 35 Active Travel Infrastructure Fund (ATIF Tier 2) Update 35 Future Pipeline Projects for ATIF Tier 2 consideration 36 HITRANS 37 Preparing the next Active Travel Strategy 37 Summary 38 Page 213
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Moray’s 5-year Active Travel Strategy (ATS) 2022-2027, approved in Nov 2022, sets out a vision to ‘create a culture and environment where active travel is embedded within our communities as the automatic and obvious choice for everyday journeys to school, work and leisure by: providing a safe, integrated and accessible network for all.’ It also includes a set of six objectives from which an Action Plan has been developed, with the detailed steps that need to be carried out to achieve the objectives. A Monitoring Plan is an essential part of an ATS and is one of the key requirements outlined in guidance published by Sustrans and Transport Scotland. It is important to ensure an effective monitoring and evaluation framework is in place for assessing progress in the delivery of the vision and objectives of the Strategy. Although annual reporting on the Action Plan is managed by the Sustainable Travel officer, delivery of the targets within relies on continual input and partnership working from relevant Moray Council departments, external partners and funding bodies, local businesses and residents to highlight, inform and provide feedback on how improvements can be made. This is now the third annual report of the strategy which presents a summarised overview of progress to date, against the third year of the ATS Action Plan, as well as plans for next steps of the strategy. This report also includes observed cycle and pedestrian data count from January 2024 – December 2024, and an update on both new infrastructure provision and active travel behaviour in Moray. Introduction 2 Moray Active Travel Strategy - ANNUAL UPDATE 2025 Bikefest 2025 Page 214
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Moray Active Travel Strategy - ANNUAL UPDATE 2025 3 Trends in Data Active Travel monitoring is undertaken through several various data sources. This includes local sources such as Travel Tracker in Primary schools, Bikeability quarterly stats, staff travel surveys and data from fixed site counters that collect both cycle and pedestrian data. National sources are also assessed at regular intervals such as Scottish Household Survey, Hands Up Scotland Survey, Cycling Scotland’s Annual Monitoring update and Scottish Census Survey. Travel to work data for the 2022 Scottish census was released in September 2024. Other behaviour change initiatives delivered under HITRANS ‘People and Place’ programme also provide data on the number of participants, or types of journeys made, adding to the overall picture of active travel in Moray. As mentioned, one of the data sources comes from the Scottish Household Survey (SHS) that is used by Cycling Scotland in their Annual Cycling Monitoring report. This survey has an annual sample size of around 10,000 households with an overall response rate of around 46% and provides trends and context at Local Authority level. Data from the 2024 report based on 2023 figures show that 60% of all journeys made in Moray are under 5km. Pre covid figures from 2019 show that this is a big increase in shorter journeys from 52% in 2019. 2023 Has also seen a large increase in employees who regularly or usually cycle to work at 9.2%, compared to 5.5% in 2019. The Scottish Household Survey (SHS) and Scotland's Census, while both important sources of data for active travel, can produce different results due to their differing methodologies and purposes. The SHS is a continuous survey designed to provide ongoing insights into various aspects of Scottish life. In contrast, the Census is a large- scale headcount conducted every ten years to provide a detailed snapshot of the population at a specific point in time. These differences in approach can lead to variations in the data collected by each source. Cycling as the main mode of travel to work in Moray was 1.7%, higher than the Scottish national average of 1.4% Walking was 8.8% higher than the national average of 7.3% Percentage of journeys under 5km in Moray is 31% which is the same as the Scottish average Scottish Census Survey Page 215
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Council Staff Travel Surveys takes place every 2 years in 2021, 2023 and 2025. Between 2023 and 2025, there has been a noticeable shift in work and travel behaviours. The proportion of individuals working exclusively from home declined from 7% to 4%, indicating a move towards more hybrid working arrangements. Active travel has seen a positive trend, with cycling to work increasing from 5% to 8%, while walking continues to be the most popular form of active commuting. Public transport usage has also grown, with bus travel rising from less than 1% in 2023 to over 5% in 2025. Meanwhile, residential street parking has increased by 7%, reflecting changes in commuting patterns. Since the restoration of Rose Cottage as a cycle parking facility, its usage has significantly increased—now used by 8 out of 15 staff who cycle to work, compared to just 2 out of 14 in the 2023 staff travel survey. Travel for Council business has increased, with daily travel rising from 5% to 8%. However, a larger proportion of individuals—32% in 2025 compared to 26% in 2023— report never travelling for Council business. Notably, cycling for Council-related travel has grown from less than 1% to over 5% during the same period. The 2024 Hands Up Scotland Survey (HUSS) results have now been published, offering valuable insights into how pupils travel to school across the country. This year’s data shows that active travel modes—including walking, cycling, and scootering—account for 47.4% of school journeys, a decrease from 52.9% in 2023. This shift is largely attributed to changes in how secondary pupils travel, with a notable increase in those being driven to school, rising from 13.7% in 2023 to 21.2% in 2024. Bus usage among this group also rose by 2 percent over the same period. 4 Moray Active Travel Strategy - ANNUAL UPDATE 2025 How pupils travelled to school - Moray Walk Cycle 42.9% 7.3%2.7%12.5% 18% 14.8% 1.6%0.3% 38.1% 6.8% 2.5% 13.9% 20.7% 15.9% 2.0%0.1% Scooter/Skate Park & Stride Driven Bus Taxi Other 20232024 Page 216
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Moray Active Travel Strategy - ANNUAL UPDATE 2025 5 In contrast, primary school travel patterns have remained relatively stable. Encouragingly, there has been an increase in Park and Stride and a slight decrease in pupils being driven, suggesting that behaviour change initiatives are having a positive impact at the primary level. It is also worth noting that the overall school response rate to the survey was 8% lower than in 2023, which may have influenced some of the year-on-year comparisons. Looking more closely at the mode of travel data: Walking to school remains the most common form of active travel, with 38.1% of pupils walking in 2024. Although this represents a decrease of 4.8 percentage points from 2023, it continues to be a key mode of travel for many students. Cycling to school saw a small decline of 0.5 percentage points, with 6.8% of pupils cycling in 2024, indicating a relatively stable uptake of this active option. Scootering or skating to school remained unchanged at 2.5%, showing consistent interest in these fun and active travel methods. Park and Stride increased by 1.4 percentage points to 13.9%, reflecting a growing preference for combining car travel with walking, which supports both convenience and physical activity. Being driven to school rose by 2.7 percentage points to 20.7%, suggesting that more families are opting for this method, potentially due to changing schedules or logistical needs. Bus travel increased by 1.1 percentage points, reaching 15.9% in 2024, highlighting a growing reliance on public transport as a practical and accessible option. Taxi use also saw a slight increase of 0.4 percentage points, now accounting for 2% of school journeys, indicating a small but notable rise in this flexible transport choice. Overall active travel (walking, cycling, scootering/skating) experienced a decrease of 5.5 percentage points, now at 47.4%. Despite this, nearly half of all students continue to travel to school in an active way. Private motorised transport usage has grown by 3.2 percentage points since 2015, now at 22.7% in 2024, reflecting broader societal trends and highlighting the importance of continued efforts to promote sustainable travel options. Page 217
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6 Moray Active Travel Strategy - ANNUAL UPDATE 2025 In the 2024/25 academic year, 1,055 pupils completed Bikeability Level 2 and 793 completed Level 1 across Moray. A total of 42 out of 44 schools participated in the programme—an increase from 40 schools the previous year, representing a 4.55% rise in participation. Over 320 pupils took part in Learn to Cycle sessions, and P1–P3 cycling was delivered in 30 schools. These figures reflect the highest delivery rates to date and demonstrate continued growth in cycling education across the region. Fixed count sites within the urban areas of Moray are continuing for a third year to show an upwards trend in the number of pedestrians and cyclists. Those that have not increased (around 40%), have generally stayed the same, with no obvious concerning decreases in usage. Many counter sites are now showing figures higher than during the Covid–19 pandemic where figures were exceptionally high, so the trend is promising. There has been a particularly large increase of cyclists outside Elgin Library (40%) for the 2nd year in a row which, given its location, may indicate growth in the numbers of people commuting into Elgin from areas to the north. This is also nearly 50% higher numbers than during the covid-19 pandemic. Waulkmill site in Elgin has also seen a significant increase (30%) of pedestrians in 2024, the highest figures in 6 years. Elgin-Library Year 2019 2020 2021 2022 2023 2024 Elgin-Waulkmill Year 2019 2020 2021 2022 2023 2024 Growth D -7.35% 0.00% 0.00% -46.03% 70.59% 20.69% Growth D -20.00% 112.50% -45.10% 182.14% - 30.38% AADT 510 327 415 288 403 569 AADT 129 151 109 7 - 30 Growth D -6.76% -35.88% 26.91% -30.60% 39.93% 41.19% Growth D -5.84% 17.05% -27.81% -93.58% - 328.57% Bikes People AADT 63 63 63 34 58 70 AADT 24 51 28 79 * 103 Page 218
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Moray Active Travel Strategy - ANNUAL UPDATE 2025 7 Counters on routes which people use for leisure purposes had previously shown a reduction in movements in 2022, but 2023 data showed an increase in cycling in 4 out of the 6 leisure routes, with slightly higher figures than pre-covid. 2024 data shows that numbers have largely remained the same on most of these leisure routes, with some decrease’s notable, especially in pedestrian figures at Fiddich Park. Reasons for this is unknown at the moment, but there has been a 90% reduction in usage. However, of particular interest is that several of the counters on the upgraded section of the Speyside Way between Craigellachie and Cragganmore, continue to show a yearly increase in pedestrians and cyclists’ usage since 2022. This can be partly attributed to the upgrade improvement works along the Speyside Way, but also because of our annual ‘Speyside Challenge, which is held every September between Craigellachie and Cragganmore. September figures at each of the counter locations have generally seen an increase across the last 4 years with the challenge proving increasingly popular with local residents. When comparing to 2018 and 2019 to current data there is now an overall picture of increasing active travel across both our urban and leisure routes. Aberlour Park Year 2020 2021 2022 2023 2024 Cragganmore Year 2022 2023 2024 Dalmunach Year 2022 2023 2024 Growth D 153.85% -21.21% -7.69% 37.50% -27.27% Growth D - 125% 0% Growth D 160% 15.38% AADT 113 122 122 229 108 AADT 15 26 44 AADT 14 22 22 Growth D 46.75% 7.96% 0.00% 87.70% -52.84% Growth D 73.33% 69.23%’/ Growth D 57.14% 0.00% AADT 33 26 24 33 24 AADT 4 9 9 AADT 5 1315 Bikes People Page 219
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8 Moray Active Travel Strategy - ANNUAL UPDATE 2025 Elgin - Lossiemouth Year 2019 2020 2021 2022 2023 2024 Cullen Year 2019 2020 2021 2022 2023 2024 Growth D -8.11% 30.88% -17.98% -9.59% 7.58% -100.00% Growth D 27.27% 78.57% -20.00% -15.00% 11.76% -47.37% AADT 68 89 73 66 71 0 AADT 14 25 20 17 19 10 Bikes Garmouth Year 2019 2020 2021 2022 2023 2024 Kinloss - Findhorn Year 2019 2020 2021 2022 2023 2024 Growth D 7.14% 46.67% -20.45% -14.29% 6.67% - Growth D -4.40% 32.18% -18.26% -7.45% 4.60% -9.89% AADT 30 44 35 30 32 * AADT 87 115 94 87 91 82 Bikes Page 220
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Moray Active Travel Strategy - ANNUAL UPDATE 2025 9 Specific data for each counter can be found in Appendices 1 and 2 attached to this report. Where some months are marked with an * this is because of the counters failing, or the data having been corrupted. All the above data feed into the below overall Council Key Performance Indicators (KPI’s); KPI 1: Modal share of active travel journeys to education KPI 2: Modal share of active travel journeys to work KPI 3: Number of active travel journeys recorded at fixed site counters KPI 4: Length of new active travel routes developed on: 1) Public Road Network 2) Core Path Network Bike Port, Mosstodloch Page 221
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10 Moray Active Travel Strategy - ANNUAL UPDATE 2025 Year 2 Action Plan The tasks for year 3 of the Action Plan were set based on the timescale from the ATS overall 5-year action plan, which also included a small number of tasks carried over from year 2. The progress on these actions is set out below. Further information on all the actions can be found within the ATS. The status of progress against each task has been rated using a Traffic Light system. The ratings are defined as follows: BLUE Target achieved; GREEN On track for achievement; AMBER On track for achievement but with some delay or uncertainty; Action 2 Develop Active Travel Masterplans for key settlements in Moray B) Consult with relevant communities and stakeholders to identify demand for movement and ‘missing’ links in the network On track for achievement – ongoing task Consultation for all 8 agreed communities completed. Additional Active Travel Masterplan documents for Forres and Lossiemouth now completed as included in appendix of report for approval. This now bring the total to 3 completed masterplans Remaining community documents, and engagement for additional 4 communities will follow in 2026 and 2027. Moray Council Task Status of Progress What was achieved Lead Partner/ organisation/ team Page 222
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Task Status of Progress What was achieved Lead Partner/ organisation/ team Action 3 Embed Active Travel opportunities within new developments Moray Active Travel Strategy - ANNUAL UPDATE 2025 11 a) Apply Local Development Plan policies to ensure that residential streets are designed to encourage walking and cycling over the use of the private car by providing well connected, safe and appealing routes. b) Ensure that developments that are adjacent to un- developed sites make allowance for future- connections for pedestrians and cyclists. On track for achievement – ongoing task This is an ongoing task with meetings between Transport Planning officers and Active Travel officers. Some key links with TP and AT; Active Travel Buckie document and Application 21/01224/APP – Developer obligations towards a new Active Travel Bridge over Burn of Buckie Forres South Developments – Contributions and forward funding to deliver a new signalised junction to improve/prioritise pedestrian crossing movements. Elgin South – New/extended cycle paths provided along Linkwood Road and Birnie Road Findrassie – New cycle paths within development which will form part of a connected network of active travel routes across the north of Elgin and improvements to routes connecting the site with existing development and routes to the south. Moray Council Page 223
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12 Moray Active Travel Strategy - ANNUAL UPDATE 2025 Action 4 Encourage and facilitate walking and cycling as leisure and tourist activities to provide benefits to health and local economy A) Continue partnership working with local organisations Outfit Moray, NHS Grampian and Cycling UK Moray to organise events and activities to trial electric bikes, pedal bikes etc. to promote the health benefits of cycling and walking to residents and visitors to the area e) Support Third Parties seeking to provide simple and affordable bike and eBike hire stations at key locations in Moray. Achieved On track for achievement Work is ongoing with all partners on events and activities promoting Active Travel. In May this year a showcase event for funders and partners was held with over 50 in attendance from various organisations and charities to illustrate the breadth of the work being undertaken through the Moray Bothy and the numerous success stories. Four Bike Fests have been held in Cullen, Fochabers, Rothes and Aberlour with Outfit Moray and Cycling UK, Moray CAN (TSI), UHI Moray as well as other partner organisations. The Speyside Challenge returned for a 4th year in September and was the most successful to date. The HITRANS and Moray Council trial for a new Hi- Bike scheme in Elgin is due to launch end September 2025 across seven locations. The transport minister will be officially opening the project. Moray Council Moray Council Task Status of Progress What was achieved Lead Partner/ organisation/ team Page 224
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Moray Active Travel Strategy - ANNUAL UPDATE 2025 13 Task Status of Progress What was achieved Lead Partner/ organisation/ team h) Work together with bus operators to support and encourage additional Bikes on Buses services across Moray On track for achievement with some delay or uncertainty Project to install bike racks on the No 35 route has begun and was due to complete in June. However, due to some delays with Stagecoach this has been delayed with no confirmed date yet agreed. It is hoped it will be completed by October. HITRANS with support Moray Council b) Determine locations for additional cycle parking at transport interchanges/key destinations, where appropriate in consultation with the landowner and/or surrounding businesses. e) Ensure all new developments provide secure cycle parking as set out in the Moray Local Development Plan On track for achievement Achieved An audit of existing cycle parking infrastructure was completed December 2024, to review where the gaps across the network and key destinations are. A funding application was submitted to HITRANS in June for new cycle parking and storage as well as repair stands and pumps across a variety of locations in Moray. These will include schools, health and workplace settings. Same as Action 3. Work is ongoing and new planning requests are reviewed to ensure the correct provision of cycle parking is available Moray Council with support from HITRANS Moray Council Task Status of Progress What was achieved Lead Partner/ organisation/ team Action 5 Provide new/improved cycle parking/ facilities at key destinations and transport interchanges in Moray Page 225
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14 Moray Active Travel Strategy - ANNUAL UPDATE 2025 a) Work with local employers to achieve Cycling Scotland’s “Cycle Friendly” employer status. d) Promote the use of Council pool bikes to encourage staff to undertake shorter work-related journeys by bike. Part achieved – ongoing task Achieved Work on the new Sustainable Travel has been completed and published on the website and provides information on what we can offer to workplaces for Travel Planning Connectivity, People and Place - Moray Council. We have also partnered up with TravelKnowHow Scotland (funded by HITRANS) to work with six workplaces across Moray using a tool to work with organisations looking at commuting. Staff led rides and confidence sessions have been offered to staff as part of the work of the Council Travel Plan working group. Articles have been included in Connect and many promotional material shared regularly on Interchange. Moray Council Moray Council Task Status of Progress What was achieved Lead Partner/ organisation/ team Action 6 Work with local employers (including Moray Council) and their staff to encourage more walking and cycling to and from work Page 226
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Moray Active Travel Strategy - ANNUAL UPDATE 2025 15 c) Continue to deliver and promote Bikeability Level 2 in primary schools f) Continue running educational events like ‘Park Smart Moray’ to encourage more pupils to travel actively to school. g) Audits of safe routes to school will be carried out for all Moray schools within a 3 mile radius. Achieved Achieved Achieved Partnership working with Cycling Scotland and Outfit Moray has continued for both funding and delivery of Bikeability across schools in Moray. Funding for 25/26 academic year was confirmed in August of £81,920. This is a very slight decrease on last year’s award due to no funding needed this year for a new fleet of bicycles. 19 out of 19 funded schools using Travel Tracker with more than 60% of them tracking at over 50%. A 4 week Bike Bus was held at Dyke Primary, as well as an Active Travel breakfast at Bishopmill which was covered across various media. New Elgin held a road safety week and during health week, the pupils of Hopeman Primary met to walk to school together on the walking bus. Safer Route Audits have now been completed at an additional four schools this FY, bringing the completed total to twelve. They are Keith, Burghead, Pilmuir and Applegrove primary. This task will require input and support from the schools and is supported by colleagues at Living Streets. Ongoing work on this programme is subject to external grant funding. Moray Council supported by Cycling Scotland and Outfit Moray Moray Council Moray Council Task Status of Progress What was achieved Lead Partner/ organisation/ team Action 7 Work with students and school pupils, staff and parents to encourage more walking, cycling and scooting to and from school/ further education Page 227
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16 Moray Active Travel Strategy - ANNUAL UPDATE 2025 All of the below projects have been funded externally through various funding streams. Below is a list of the funders and funding amounts so far this year; Funding Transport Scotland, Local Authority Direct Award (LADA) £106,999 Cycling Scotland, Bikeability £81,920 HITRANS, Cycle Parking Infrastructure £93,287 Transport Scotland, Active Travel Tier 1 Funding £500,000 Transport Scotland, Active Travel Infrastructure Fund (ATIF) Tier 2 £TBC Sustrans, NCN Improvements £TBC Page 228
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Moray Active Travel Strategy - ANNUAL UPDATE 2025 17 Active Travel Infrastructure Fund (ATIF 1) ATIF 1 funding was introduced at the beginning of 2024 for FY 2024/2025, to replace the previous Cycling Walking Safer Routes (CWSR) fund from Transport Scotland and is now in its 2nd year. Following approval through both Transport Scotland and COSLA processes, the total funding provided directly to LAs through Tier 1 in 2025-26 is £37.5 million – an increase from the £35 million provided in 2024-25. The fund is provided as part of the General capital grant from Transport Scotland for infrastructure projects, with fund objectives to design, develop and deliver Active Travel interventions that will enhance the safety and accessibility of existing infrastructure, or introduce new provision to travel safely and more conveniently. Allocations are provided on an annual basis. The allocation for 2025/26 is £500,000, which is an increase on the 2024/2025 CWSR allocation of £433,813 but still lower than previous years. This has been allocated following the same methodology that was introduced in 2024-25, including elements to take account of population pro rata, population density and income deprivation. The distribution methodology for the Tier 1 Fund, as agreed with CoSLA, sees funding allocated on a weighted, pro rata basis as follows (increased to a minimum £200,000 allocation where required): 54% population: This retains a large amount of continuity from previous CWSR funding and reflects the fact that LAs of all types require funding. 40% urban population: Inclusion of this indicator reflects the focus on investment in Active Travel infrastructure being prioritised in more densely populated areas with the greatest potential for modal shift. 6% income deprivation: The National Transport Strategy states that actions will be targeted towards those needing most help, including those living in poverty. Active Travel is the most affordable form of transport in many cases and this allocation will help ensure that those on low incomes are able to benefit from improved infrastructure. Activity during 2024 Page 229
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18 Moray Active Travel Strategy - ANNUAL UPDATE 2025 The weightings have been chosen to give roughly equal per-person allocations from the formula element, so about £2.80 per person, double that for urban population or deprived non-urban, and three times that if both urban and deprived. Transport Scotland will continue to undertake an annual assessment process regarding how the funding has been utilised, and this will inform future decisions whether to increase the amount of funding to be provided in ATIF 1. Transport Scotland will continue to engage with Local Authority partners on expenditure and outcomes throughout the financial year. The first ATIF 1 funded programme of works during FY 24/25 included the following projects; Construction Projects – Rafford – New footway Coulardbank Road, Lossiemouth – Toucan crossing Ferry Road and Balnageith Road, Forres - re-alignment Design Projects – Linkwood Road, Elgin - Pedestrian island Coulardbank Road, Lossiemouth - Cycle track options Victoria Road junction– Road space reallocation St Peters Road, Buckie – Pedestrian improvements ATIF 2 Active Travel Infrastructure Fund In 2024-25, The Scottish Government launched the ATIF 2 Construction Fund and is now the primary source for the Scottish Government to fund ‘shovel ready’ active travel infrastructure. This is a shift from the previous approach where Sustrans administered Scottish Government funding through its Places for Everyone programme, which ended in 2024. In February 2024 an application was submitted for a medium sized ‘shovel ready’ project to be funded and completed in 2024/2025. A total of 70 applications were received by Transport Scotland, with a funding request of nearly £60million. The budget for ATIF 2 was £20million. An award was granted in November 2024 to complete raised crossings alongside roads from the A96 to Brumley Brae along Morriston Road. The project was completed in March 2025. Page 230
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Moray Active Travel Strategy - ANNUAL UPDATE 2025 19 HITRANS Funding Funding for Behaviour Change projects also changed in 2024, with funding being distributed through the Regional Transport Partnerships (HITRANS). The People and Place delivery model initiated in 2024-25 is a joined-up delivery system which has two components: The ‘People and Place Regional Transport Partnership (RTP) Programme’, and the ‘People and Place Local Authority Direct Award’ (PPLADA). The purpose of the People and Place programme is to deliver place-based sustainable and active travel behaviour change projects that will support people to make more of their daily journeys by walking, wheeling, and cycling, and to bridge the gaps that exist between those journeys and the public transport network with options that are more sustainable than the motor car. The funding helps coordinate delivery, alongside Local Authorities, of the People and Place Programme, comprised of interventions identified from the 2024/25 transitional year (Year 1) by continuing with the same four key themes in Year 2: Schools and Young People Workplaces Accessibility and Inclusion Capacity and Capability Building This means that except for a small number of programmes (e.g. accredited training programmes with a strong emphasis on safety like Bikeability), there are no programmes directly funded by Transport Scotland. However, unlike previous years, funding through PPLADA is for behaviour change programmes only, with no support available for maintenance of infrastructure schemes as seen last year in resurfacing the Elgin to Lossiemouth cycle path and the Alexandra Road underpass. Page 231
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Moray Bothy The Bothy, which is now in its fourth year, is continuously increasing opportunities for all living in Moray to become involved in walking and cycling for everyday local journeys. Since the recruitment of the new Development officer in June 2024, there has been a notable fast pace of delivery with led rides growing in number and the demand for adult cycle training increasing. This is indicative of the increased awareness of the presence of the Hub in Cooper Park and all that is on offer. This year alone has seen the Bothy engage with just under 1000 people, with 304 cycling activities delivered. There have been two pop up events held in Glenlivet and Tomintoul. Both attracted a good number of participants. The event in Tomintoul, which was run alongside the Cairngorm 2030 project officer, saw more than 20 people engage with e-bike try-outs, a led ride, and security marking for their bikes. A series of women’s basic maintenance sessions delivered in partnership with Outfit Moray also proved to be popular with all three sessions provided sold out. There are five more of these sessions planned for the remainder of the year due to the overwhelming popularity and demand that these created. The Bothy has continued to strengthen partnerships with the offer of a fleet loan. Moray Sports Centre have been provided with a small fleet of balance bikes to allow them to run sessions for under 5s. A local outdoor nursery took a loan of some balance bikes and a Tern cargo bike for six weeks, and there are discussions around loaning some bikes to the Moray Art Centre at the Findhorn Community. There has also been further ongoing work this year with the Active Recovery Moray group. Further e-bikes have been loaned to allow people who have suffered because of addiction to get out into the hills on some led mountain bike rides. There has been a continuation of the winter rides at the Moray Sport Centre into the springtime, so that older children and adults with additional needs have been able to get on a range of adaptive bikes provided by the Moray Connecting Communities project, the sports centre itself, and our charity partners, Outfit Moray. The bike fleet has been upgraded, including receipt of an additional Van Raam e-trike, and a Van Raam Fun2Go side-by-side e-tandem, which has been out on loan to a family throughout March. 20 Moray Active Travel Strategy - ANNUAL UPDATE 2025 Page 232
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A second round of sessions has been completed with people from the criminal justice system, with some new participants along to try out some e-bikes. This work will continue into the new project year, and it is hoped that some of the participants might be able to benefit from e-bike loans to provide access to free transportation for job interviews and meetings. Work has continued with local education providers, and the development officer has put on a range of events at the local college, (UHI Moray); providing students with the opportunity to try out an e-bike and take home some safe cycling merchandise. There has been a continued focus around supporting local businesses with bike loans, travel planning and cycle training, and the groundwork that has been done will continue into Q1 of the next project year. Most enquiries for bike loans have been via the Hub at Cooper Park. This provides the Development Officer with the opportunity to explore the type of cycle that would best fit the individual's needs. The park setting of the Hub is also ideal for individuals to try out a few different cycles in a safe environment. Follow-up surveys are sent to participants roughly 3 months after intervention. Although response rates are still relatively low, the responses received have been positive. For example, respondents cycling more regularly, feeling more likely to cycle for transport in the future and feeling more confident and more motivated to cycle. “Having the loan of an e-bike has enabled me to get out and about when suits me... I’ve saved money by not getting public transport and my health must have benefited from not being so sedentary as well as getting to enjoy the lovely quiet cycle routes that I didn’t know existed. A fabulous gift.” e-bike loan & confidence session participant The growth in the numbers accessing the Hub has been notable aided by an increase of promotional events and work with partners. It has been recognised that engagement with local groups has had a positive impact, and the Bothy will continue to sustain and develop these links further to ensure we reach those that are underserved and underrepresented in active travel due to financial exclusion, culture, health conditions and disability. Moray Active Travel Strategy - ANNUAL UPDATE 2025 21 Hub - Cooper Park Page 233
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Moray Bothy Case Study We have also been collecting case studies to further demonstrate the impact that the project is having in Moray. A 51yr old female user of the hub had cycled for several years but recently noticed that cycling a standard bike was becoming more challenging – especially on longer journeys. She was interested in finding out if an e- bike might be right for her. Our local development officer worked with her to ensure she was cycling safely and confidently and to determine which bike would best suit her needs. Starting with a step-through e-bike, she began to build her confidence, and, with the loan, she was soon able to start cycling more often and for longer journeys. “Cycling lessons with [the development officer] have been super helpful. I’m 51 and it’s a great refresher for my cycle awareness. [The loan] has made a big difference. I am able to be out and about socialising, working and [going to] college. I’m able to commit to my weekly cleaning job… I wasn’t managing to get there every week before. I’m able to save money on bus fares.” As well as enabling her to maintain commitments and attend work, she has felt a notable improvement in her health and wellbeing. “It’s improved my health and wellbeing, reduced isolation and [I’m] more social, I’m able to visit friends. Really, it’s a totally different experience to be able to have reliable, safe transport that’s a joy to cycle about on. I’m getting good exercise, connecting with people and saving money.” This case study highlights the importance of receiving tailored support with bike loans to ensure that individuals’ feel safe and confident and that their needs are being met. It also demonstrates the sizeable difference that that support can have on someone’s ability to access work, save money, visit friends and improve their health and wellbeing in the process. 22 Moray Active Travel Strategy - ANNUAL UPDATE 2025 Page 234
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Hi-Bike As part of HITRANS’ continued commitment to promoting sustainable travel across the Highlands and Islands, the Hi-Bike electric bike hire scheme will launch a trial expansion into Elgin in November 2025. Building on the success of the scheme in Inverness and Fort William, this initiative aims to provide residents, students, and visitors with a low-carbon, accessible transport option. Seven strategic locations have been selected for the initial rollout, ensuring coverage across key residential, educational, and recreational areas Seven strategic locations have been selected for the initial rollout, ensuring coverage across key residential, educational, and recreational areas: 1. UHI Moray – supporting student and staff travel. 2. Elgin Train Station – facilitating onward journeys for rail passengers. 3. Springfield Drive – serving a densely populated residential area. 4. Glassgreen – improving access in the southern part of the town. 5. Pinefield Estate – connecting communities in the east of Elgin. 6. Cooper Park – encouraging leisure use and active travel. 7. Plainstones – providing a central hub in the heart of Elgin’s town centre. The official launch event will take place at the UHI Moray docking station, marking a significant milestone in the region’s active travel strategy. Representatives from HITRANS, Moray Council, and the local community will gather to highlight the importance of sustainable transport and the role of e-bikes in reducing carbon emissions and improving accessibility. The event is expected to attract positive attention from both the community and local media, with enthusiasm for the scheme’s potential to enhance mobility and connectivity across Elgin. Attendees will also have the opportunity to explore the new docking stations and learn how to access the bikes via the mobile app. This expansion will be closely monitored to assess usage patterns, community engagement, and operational performance, with the potential for further development based on demand and feedback. Moray Active Travel Strategy - ANNUAL UPDATE 2025 23 Page 235
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24 Moray Active Travel Strategy - ANNUAL UPDATE 2025 NCN1 Portknockie to Findochty The Portknockie to Findochty stretch of the NCN1 route is approximately 3km long and connects the two villages via a coastal, cliff front path constituted of compacted subbase. The path is popular with walkers and cyclists completing the Moray Coast Trail which sees an average of 23000 users per year. Recently the NCN1 route in Moray has seen upgrades to the Cullen to Portknockie stretch and also the Garmouth viaduct to the West of Moray. These projects have received positive responses from the stakeholders, local users and residents of the area and have been utilised by a variety of users. Following on from these upgrades, Sustrans commissioned Moray Council to undertake a high-level feasibility study for the NCN1 route between Portknockie and Findochty, Moray. The established route is highlighted for upgrade to meet the NCN principles. The aim of the feasibility study was to lay out and understand the varying factors that may influence the NCN1 Portknockie to Findochty upgrade project, and to allow Sustrans to assess options for future opportunities for improvement. Morriston Road, Elgin – Raised sideroad crossings on Cycle Path Following a successful application to Transport Scotland’s Active Travel Infrastructure Fund (ATIF) Tier 2 in February 2024, funding of £152,298 was awarded to install raised sideroad crossings at four junctions along Morriston Road. Over recent years, the shared path on the north side of Morriston Road had undergone improvements. However, feedback from cyclists indicated concerns about the stop-start nature of the route, particularly at junctions with McIntosh Drive, Tait Avenue, and the access to The Eight Acres. Despite changes to the Highway Code granting priority to pedestrians and cyclists at such crossings, confusion among road users remained. To address these issues, the junctions were upgraded to raised table crossings. This intervention clearly established pedestrian and cyclist priority, enhancing safety and continuity along the route. The raised crossings delivered several benefits: Improved safety for pedestrians and cyclists through reduced vehicle speeds at junctions. Smoother journeys for cyclists and wheelchair users by eliminating the need to navigate dropped kerbs. Encouragement of active travel by creating a more accessible and attractive route. These improvements also strengthened connections to nearby primary and secondary schools and provided a direct link to National Cycle Network Route 1 (NCN1), improving access to the leisure centre, playing fields, and the wider town centre. Page 236
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Rafford – New footway Rafford is a small settlement located approximately 2.5 miles southeast of Forres. The village does not have its own school; pupils travel to Forres for both primary and secondary education. The B9010 road runs through the village, which comprises two distinct areas: Upper Rafford and Lower Rafford. Lower Rafford is home to the recently closed Rafford Parish Church, while Upper Rafford hosts the well-used Rafford Village Hall, which serves the local population of around 1,000 residents as well as neighbouring communities. In late 2021, council officers met with two members of the Community Council who relayed concerns from residents regarding speeding, particularly in Upper Rafford. Following discussions and speed surveys, it was determined that the primary issue was not excessive speed itself, but rather poor pedestrian visibility and a lack of footpaths near the main housing access, which contributed to a perceived sense of danger. At the time, significant timber extraction was taking place in the Dallas area to the east, with heavy vehicles using the B9010 through Rafford to access the A96 and routes to the south. It was agreed that the most effective solution would be to provide a footway alongside the road to improve pedestrian safety. Initial plans focused on constructing a footway on the south side of the road to connect the existing pavement with a proposed development site opposite the Village Hall. However, negotiations with landowners were unsuccessful. The Community Council then proposed an alternative route on the north side of the road, where four property owners generously agreed to sell portions of their land to facilitate the new pavement. Construction was carried out in phases. In 2023, a dense tree hedge and its roots were removed to allow for the installation of a new drainage system and approximately 170 metres of footway. The full project was completed by mid-2024. Feedback from the community since completion has been overwhelmingly positive, with the new pavement reported to be well-used and appreciated by residents. Moray Active Travel Strategy - ANNUAL UPDATE 2025 25 Page 237
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26 Moray Active Travel Strategy - ANNUAL UPDATE 2025 School Engagement Living Streets Travel Tracker Programme 2024/25 marked the tenth consecutive year of participation in WOW – the year-round walk to school challenge and the use of the WOW Travel Tracker in primary schools across Moray Council. By the end of June 2025, a total of 18 schools were registered in the programme—the maximum number of places available under current funding. Engagement levels saw a slight decrease compared to the previous year, with 3,752 children participating in 2024/25, down from 4,198 in 2023/24. This reduction was attributed to two fewer schools receiving funding, as the programme and budget were expanded to include other local authorities within the region. Despite this, participation levels remained consistent with previous years and, in some respects, exceeded expectations. Throughout the year, a total of 122,024 sustainable and active travel journeys were recorded. Additionally, over 3,000 children logged active travel for short local journeys, reinforcing the continued success of the programme in promoting healthier, more sustainable travel habits among young people. This year the Living Streets school coordinator has continued to support established and newly engaged schools to use the Travel Tracker through a variety of means. These include: Strider visits School assemblies Parental engagement at schools Walk to School Week resources and support. School route audit activities Active travel zone maps Page 238
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Activity Keith Primary Strider visit – Living Streets mascot Strider made a surprise appearance at a special assembly to congratulate the pupils on their walking and wheeling to school throughout the year. Lhanbryde Primary Health week - As part of Lhanbryde Heath week in May, Living Streets were delivered road safety and mental health workshops for the whole school. Mosstodloch Primary Badge Winner PR event - The June 2025 WOW badge design was designed by Anna from Mosstodloch. To celebrate her amazing achievement and winning design, a celebration assembly was held with the whole school and Strider presented her with a voucher for a surfing lesson for her and two friends and a bag of Art supplies for the school. The free surfing lesson was kindly donated by New Wave surf school in Lossiemouth. The Northern Scot covered the story. Hopeman Primary Walking bus and parents meet - During health week, the pupils of Hopeman Primary met to walk to school together on the walking bus. Pupils, teachers, parents and pooches met at the seafront to walk to school, where Strider was in the playground waiting. New Elgin Primary road safety week - As part of New Elgin’s road safety week, Living Streets were invited to design and deliver bespoke workshops and classroom sessions over 2 days to the whole school. In the autumn term the Junior road safety officers designed a Scavenger hunt for delivery over road safety week. The Scavenger hunt activity was set up for the whole school to take part in their class groups over the two days. Moray Active Travel Strategy - ANNUAL UPDATE 2025 27 Page 239
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28 Moray Active Travel Strategy - ANNUAL UPDATE 2025 Bishopmill Primary Active Travel breakfast - Bishopmill pupils, their parents/carers and staff met at Eight Acres hotel to walk to school as part of a walking bus. Bishopmill Junior road safety officer’s designed Walking Bingo cards for the pupils to play enroute, highlighting the new road infrastructure improvement works recently completed on Morriston Road through ATIF Tier 2 funding. The Walking Bingo cards proved to be a great way to highlight the improvement works in a fun and interactive way. The mile long route culminated in an Active Travel Breakfast in the school hall with the breakfast menu, comprising of healthy and nutritious food chosen by the JRSO’s. The pupils had a selection of fruit, porridge, cereals, yoghurts, croissants, fruit juice and water. As the pupils left to start their school day, they received a bike reflector and a reflective sticker of their choice to continue their good active travel habit into the spring. STV news was present to capture the event and interviewed staff, Junior Road Safety officer representatives and Living Streets. Park Smart Park Smart is a Road Safety and Active Travel initiative that aims to reduce congestion and improve safety at the school gate. The purpose of Park Smart is to get parents to think about their behaviour whilst actively promoting walking to school or park and stride as the easier, safer and most stress-free option. School gate parking is an area of concern across many schools in Moray that affects the safety and well-being of both Adult and Child pedestrians and cyclists alike by blocking sight lines and increased pollution. Park Smart is a flexible initiative that can be run on a cyclical basis i.e. re-run when or if congestion problems return and is supported by colleagues at Police Scotland. The programme currently runs on a three-week basis and covers raising awareness, enforcement and then evaluation on the final week. This year there has been one additional Park Smart held at Burghead Primary. This occurred due to concerns brought to the attention of the Parent Partnership by parents/ carers that individuals were parking on the zigzags outside the school. At the end of the initiative responses from parents say they were very pleased to see the school thinking about road safety and safety of the pupils. The school produced a short evaluation report with the findings of the initiative, and a pledge to develop a School Travel Plan stating that it was a very worthwhile project where the pupils and parents gathered valuable information about parking, coming to school safely and the importance in making the healthy choice in coming to school. Page 240
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Moray Active Travel Strategy - ANNUAL UPDATE 2025 29 School Route Audits Living Streets staff, along with school staff and pupils, completed School Route Audits at four schools, Burghead, Pilmuir, Applegrove and Keith. This now brings us to twelve schools across Moray with a completed Safe Route Audit. The Living Streets School Route Audit (SRA) methodology is a way of effectively involving pupils, parents, and other community stakeholders in the process of evaluating the quality of the walking environment around schools. SRAs explore the walking routes to schools from the viewpoint of current and prospective users. With Living Streets staff acting as facilitators, the groups considered different audit categories including crossing points, facilities and signage, traffic issues, places to play and socialise and footway conditions. The findings from these audits will help feed into future infrastructure improvements around schools and help to inform future ATIF Tier 1 projects. Bikeability Bikeability Scotland is the national cycle training programme for schoolchildren. It is designed to give children the skills and confidence they need to cycle safely on the roads, and to encourage them to carry on cycling into adulthood. Just like learning to swim, learning to cycle safely is an essential life skill. Outfit Moray delivers Bikeability across schools in Moray on behalf of Moray Council, through annual funding provided by Cycling Scotland. Without this funding it would not be possible to deliver this essential skill to pupils across Moray. Cycling education across Moray has reached new heights during the 2024/25 academic year, with a record level of participation in Bikeability Level 2 training for Primary 6 pupils. This year: This has led to a significant improvement in pupils’ cycling confidence, road safety awareness, and decision-making skills. Much of this success is attributed to early engagement through assemblies and pre- training talks, which encouraged the majority of schools to complete the classroom-based pre-course work. 42 out of 44 schools took part in the programme – the highest delivery rate to date at 96% 793 pupils completed Bikeability Level 1 1,055 pupils completed Bikeability Level 2 Page 241
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30 Moray Active Travel Strategy - ANNUAL UPDATE 2025 Crucially, this level of delivery was made possible thanks to an increase in funding, following a successful application to Cycling Scotland for the 2024/25 academic year. These outcomes build on years of sustained investment in cycling education, including: Learn to Cycle programmes ASN (Additional Support Needs) cycling P1–P3 cycling sessions Bikeability Level 1 Support from Cycling Scotland, alongside additional funding from charitable sources, has enabled continued development of cycle skills across Moray. In addition to Bikeability, Outfit Moray delivered: Early years cycling in 8 nurseries P1–P3 cycling in 30 schools Learn to Cycle sessions for over 320 pupils Inclusive ASN cycling in 10 schools Bike maintenance workshops in 10 schools Local led rides for Bikeability 2 pupils, helping them identify safe cycling routes in their communities To further strengthen local cycling capacity, the following training courses were also delivered: Cycle Trainer Courses Cycle Ride Leader Courses BSI Instructor Courses Looking ahead, the continuation of these achievements will depend on the availability of ongoing funding at current or increased levels. It is also essential that schools continue to actively support the delivery of Bikeability to help manage costs and ensure targets are met. However, challenges remain, particularly around the availability of volunteers and school staff—some of whom are either unable or not permitted to assist with programme delivery. Addressing this gap will be key to sustaining and expanding the programme in future years Page 242
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Moray Active Travel Strategy - ANNUAL UPDATE 2025 31 School Travel Plans Schools across Moray are encouraged to develop their own School Travel Plan (STP). A STP can include a range of measures. Raising awareness is often one of the main things that this can do. This might mean raising awareness of road safety, the benefits of active travel or how transport impacts the environment. The need for travel plans has arisen due to growing concerns over: Increasing congestion associated with the ‘school run’. Pupil health concerns and lack of exercise. Children’s reduced opportunities to gain important road sense and independence. Road safety issues and concerns partly generated by school run related traffic. Currently there are four schools developing their Travel Plan, one of which is in final draft status, however no school has an up-to-date Travel Plan document. This is not a mandatory requirement, and therefore schools do not always have the time or resource available, so do not see this as a priority task. In order to address the concerns above it is important that schools support the development of a School Travel Plan. All schools who take part in any of the active travel behaviour change initiatives are advised that a condition of the support is to develop a School Travel Plan. Active Travel Information Documents Following the consultation work that took place throughout 2023 as part the review of the Moray Local Development Plan (LDP), the first completed Active Travel Masterplan for Buckie document has now been finalised and shared with the local community. The document includes a holistic review of Active Travel in Buckie and covers new routes, improvements on existing routes, cycle parking infrastructure and behaviour change programmes. Forres and Lossiemouth are in development and scheduled to be completed by the end of 2025, while the remaining communities Aberlour, Dufftown, Elgin, Fochabers and Keith are due to be completed across 2026 and 2027. Updates on the documents will be provided through the Town Centre Improvement Plans. Page 243
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Bike Fest As part of Moray Council’s ongoing commitment to promoting active travel and community engagement, four Bike Fests were successfully delivered between May and September 2025 in Cullen, Fochabers, Aberlour, and Rothes, engaging an estimated 500 visitors across all locations. These events were organised in partnership with Cycling UK, Outfit Moray, and the Moray Bothy project, with additional support from Bike Revolution, Tyred N Cranky, Moray Climate Action Network, and UHI Moray. Each Bike Fest offered a vibrant mix of activities designed to appeal to a wide audience and encourage participation in cycling and active travel. The programme included: Dr Bike sessions for free bike checks and minor repairs Cycle skills courses for children and adults Led rides showcasing local routes BMX lessons and demonstrations Yoga sessions to promote wellbeing E-bike try-outs to introduce low-carbon travel options The events were well attended, with strong engagement from families, local residents, and community groups. Anecdotal feedback highlighted the value of having inclusive, fun, and educational activities that catered to all ages and abilities. The presence of multiple partners helped showcase the breadth of support available for active travel in Moray and strengthened local collaboration. 32 Moray Active Travel Strategy - ANNUAL UPDATE 2025 Page 244
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33 Bike Fests also served as a platform to promote other initiatives such as the Moray Bothy Hub, Hi-Bike scheme, and cycling education programmes, reinforcing the region’s strategic approach to embedding active travel into everyday life. Looking ahead, the success of the 2025 Bike Fests provides a strong foundation for future events. Recommendations include: Expanding the number of locations to reach more communities Increasing promotion through schools and workplaces Enhancing data collection to better understand participant demographics and impact Continuing to integrate behaviour change messaging and local travel planning support These events have proven to be a valuable tool in raising awareness, building confidence, and fostering a culture of cycling and walking across Moray. Moray Active Travel Strategy - ANNUAL UPDATE 2025 Page 245
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34 Moray Active Travel Strategy - ANNUAL UPDATE 2025 Speyside Challenge The Speyside Challenge returned for its fourth year this September, continuing to inspire active travel along the Speyside Way as part of the Speyside Low Carbon Hub initiative. The challenge encourages participants to log journeys by foot or bike, either individually or as part of a workplace team, with eight prizes up for grabs. This year saw 66 participants take part — while slightly down from last year’s 86, it still represents a remarkable increase from 2023’s 35 participants, showing sustained growth and interest in the initiative. Participants logged an impressive 5,948 km of active travel. Although just shy of last year’s 7,000 km, this is still over 3,000 km more than 2023, reflecting a strong commitment to low-carbon travel. In total, 523 active travel journeys were recorded, helping to save an estimated 892 kg of CO₂ by switching from motorised transport to walking and cycling. The challenge continues to play a vital role in promoting the Speyside Way as a key active travel corridor, demonstrating how local engagement can contribute meaningfully to carbon reduction and healthier travel habits. Feedback received from the local community has been overwhelmingly positive, with participants stating they now look forward to having the challenge as a regular in the Speyside community calendar. This year there was 16 prize- winners all in receipt of 23 different Moray Loves Local gift vouchers, as well as a grand prize of a £500 voucher to spend at local retailer ‘Skedaddle Speyside.’ See all results at www.speysidechallenge.com/results 2023 2,427km travelled 236 journeys 316kg CO2 saved 2024 1,402kg CO2 saved 7,908km travelled 568 journeys 2025 5,948km travelled 523 journeys 892kg CO2 saved “We were absolutely delighted to have been asked to be part of the Speyside Challenge, I personally have taken part in the past and this event is a fantastic way of motivating people to get active and move. Whether it be running, walking or cycling, being active is great for promoting a healthier lifestyle both mentally and physically. We look forward to welcoming one of the lucky winners into our store”. Skedaddle Speyside owner Sally Bruce Page 246
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Priorities for the Year Ahead Moray Active Travel Strategy - ANNUAL UPDATE 2025 35 ATIF Tier 1 Direct Award As previously noted, the allocation for 2025/2026 was £500,000, a welcome increase from the £433,813 allocated in 2024/2025. Looking ahead to 2026/2027, there is some uncertainty around the funding level, but based on the current distribution methodology, it is expected to be similar to this year’s allocation. In preparation, work is already underway to develop a portfolio of shovel-ready projects that can be progressed as soon as funding becomes available. The Tier 1 award for 2026/2027 will be allocated across two infrastructure projects: Lossie Wynd / Commerce Street, Elgin (LUF Project) – Contribution towards improvements to cycle and pedestrian infrastructure along the north and south links through the city centre. Boroughbriggs Road, Elgin – Installation of build-outs to enhance pedestrian safety and traffic calming. Active Travel Infrastructure Fund (ATIF Tier 2) Update The Active Travel Infrastructure Fund (ATIF Tier 2) is designed to support the delivery of eligible, construction-ready active travel schemes, as well as projects at the design stage. In February 2025, an application was submitted for funding to support two construction projects and one design project, with the aim of completing them during the 2025/2026 financial year. It was initially anticipated that grant award letters would be issued by April 2025. However, no awards have been made to date. Due to ongoing Scottish Government budget constraints, it is now expected that funding may not be available for 2025/2026. As a result, delivery of the proposed projects within this timeframe is no longer feasible. These projects will therefore be prioritised for funding in 2026/2027, subject to budget availability: Coulardbank Road, Lossiemouth – A new cycle track connecting North Covesea Terrace to Lossiemouth High School, addressing the lack of a safe pedestrian and cycle route. Two options are under consideration: 1. A segregated cycle track running parallel to Coulardbank Road on its southern side. 2. Widening South Covesea Terrace to accommodate a shared-use path, which would then curve southward toward the school. Page 247
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36 Moray Active Travel Strategy - ANNUAL UPDATE 2025 This project will be delivered in phases. Morriston Road Cycle Track (Design) – A proposed cycle route from Brumley Brae to the A941. Future Pipeline Projects for ATIF Tier 2 Consideration The following larger-scale projects are in the pipeline and may be considered for future ATIF Tier 2 funding: Victoria Road Junction, Forres – Road space reallocation to improve active travel access. Maltkiln Bridge, Dufftown – Construction of a new footbridge to remove the need for pedestrians to walk on the carriageway. C1E Garmouth Road (Lhanbryde to Muiryhall Farm) – New footway connecting the village to the Core Path leading to Urquhart. South Street, Elgin (Dr Gray’s to Hay Street) – Footway widening and crossing improvements. Barhill Road / St. Peter’s Road / Golfview Drive Junction, Buckie – Enhancements to pedestrian routes through the junction. Additional Active Travel Projects via Levelling Up Fund (LUF) Work is also progressing on several active travel initiatives funded through the Levelling Up Fund for Moray: Lossie Wynd / Commerce Street, Elgin – Upgrades to cycle and pedestrian infrastructure along the north and south city centre links. Elgin City Centre – Installation of rise-and-fall bollards. Moss Street, Elgin – Road space reallocation to support active travel. Laichmoray and Edgar Road Roundabout, Elgin – Junction improvements to enhance safety and accessibility. Page 248
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Moray Active Travel Strategy - ANNUAL UPDATE 2025 37 HITRANS Through the HITRANS People and Place programme for 2026/27, the priorities for the year ahead will be structured around four key themes. These include Capacity & Capability Building, which focuses on strengthening local skills, resources, and partnerships to support sustainable transport initiatives; Active Schools & Young People, which aims to promote active travel among children and young people through targeted engagement, education, and infrastructure improvements; Active Workplaces & Communities, which seeks to encourage walking, cycling, and other forms of active travel within workplaces and local communities by supporting behavioural change, facilities, and collaborative projects; and Accessibility & Inclusion, which ensures that all interventions are designed to be inclusive and equitable, addressing barriers to active travel and improving access for people of all ages, abilities, and backgrounds. The HITRANS budget is relatively small and must be distributed across five local authorities, each covering a large geographical area. As a result, the People and Place programme will concentrate on delivering activities in targeted locations where impact can be maximised. Behaviour change programmes are most effective when tailored to specific behaviours within defined areas. In Moray, the key projects for the coming year include the continuation of the Moray Bothy, the development of Hi-Bike membership—particularly the expansion of the Speyside Bike Share scheme—and improvements in transport integration, such as the cycle parking programme. Additional initiatives include the Smart Travel Choices programme, the WoW programme, the School Travel Tracker, and support for Bikeability pre-Level 2 through Learn to Ride sessions and Dr Bike maintenance events. These projects will be delivered alongside the Local Authority Direct Award (LADA), which will provide additional support to ensure effective implementation and delivery. Preparing the Next Active Travel Strategy (2028–2038) In line with the Moray Local Development Plan review cycle, preparation for the next Active Travel Strategy (ATS) covering the period 2028 to 2038 will begin in 2026. This process will involve a comprehensive review of the current strategy, including all objectives and actions, to assess progress, identify gaps, and ensure alignment with emerging local and national policy priorities. The updated strategy will reflect new data trends, infrastructure developments, and behaviour change insights gathered through monitoring tools such as fixed counters, school travel surveys, and workplace engagement. It will also incorporate feedback from community consultations, lessons learned from the delivery of the current ATS, and integration with other key documents such as the Active Travel Masterplans, the People and Place programme, and the evolving priorities of Transport Scotland and HITRANS. Particular attention will be given to ensuring the strategy remains inclusive, evidence-led, and responsive to the needs of all users, including those underrepresented in active travel. A refreshed Monitoring and Evaluation Framework will also be developed to support robust performance tracking over the next decade. Page 249
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38 Moray Active Travel Strategy - ANNUAL UPDATE 2025 This third annual update of Moray’s Active Travel Strategy (ATS) highlights continued progress across infrastructure delivery, behaviour change initiatives, and strategic planning. Key achievements include: Infrastructure Delivery: Completion of raised crossings on Morriston Road and a new footway in Rafford, alongside ongoing development of Active Travel Masterplans for key settlements. Behaviour Change: Record participation in Bikeability training, expansion of the Hi-Bike scheme into Elgin, and successful community events such as Bike Fests and the Speyside Challenge. Monitoring & Data Trends: Increased cycling and walking rates across Moray, with positive trends in fixed counter data and travel-to-work statistics exceeding national averages. School Engagement: Strong uptake of the Living Streets Travel Tracker, Park Smart initiatives, and Safe Route Audits, with 96% of schools participating in Bikeability. Funding & Partnerships: Over £780,000 secured from external sources including Transport Scotland, HITRANS, and Cycling Scotland, supporting both infrastructure and behaviour change programmes. Future Priorities: Focus areas for 2026/2027 include shovel-ready projects under ATIF Tier 1 and Tier 2, continued delivery through the Levelling Up Fund, and targeted behaviour change programmes via HITRANS’ People and Place framework. Moray continues to build momentum in embedding active travel into everyday life, with strong community engagement, cross-sector collaboration, and a growing portfolio of impactful projects. The delivery of the Active Travel Strategy (ATS) will build on this momentum, driving forward outcomes that support healthier lifestyles, safer streets, and a cleaner environment. Active travel is not just a mode of transport—it’s a catalyst for positive change. It enhances public health, enriches the places we live, and opens up access to green spaces and community connections. It also plays a vital role in addressing inequalities by creating more opportunities for safe, attractive, and enjoyable walking, wheeling, and cycling for everyone. As outlined in the ATS, the Action Plan will continue to be supported through existing funding streams, with additional external grant applications pursued wherever opportunities arise. This approach ensures that Moray remains well-positioned to deliver meaningful, inclusive, and lasting improvements for all who live, work, and visit here. Summary Page 250
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Report to: Economic Development and Infrastructure Services Committee Meeting Date: 11 November 2025 Report by: Executive Director Economy, Enterprise and Operations, Author: Paul Wolverson Contact Email: Paul.wolverson@moray.gov.uk Subject: Update on Wildflowers in the Landscape 1. PURPOSE ☐ For Decision ☒ For Information 1.1 The purpose of this information report is to provide an update on the wildflower areas across Moray. 1.2 This report is submitted to Committee in terms of Section III (F) (11) of the Council’s Scheme of Administration relating to exercising the functions of the Council in relation to Parks, Open Spaces and Tree/Woodland management and maintenance. 2. SUMMARY 2.1 The introduction of wildflowers areas commenced in 2016. An expansion of the wildflower areas was approved in 2020. This report seeks to provide Members with information on the expansion of the sites, where the sites are located and how such sites can be managed in the long term. 3. BACKGROUND AND CONTEXT 3.1 In 2016 what was previously an annual bed on the Esplanade, Lossiemouth was sown with a Wildflower mix. In the same year, what were shrub bed areas in Lossie Wynd Car Park, Elgin were replaced with wildflower mixes. 3.2 On 1 December 2020 a report was presented to the Economic Growth, Housing and Environmental Sustainability Committee on the introduction of wildflowers areas in the landscape (para 19 of the minute refers). A link to the report is shown here. Page 253
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3.3 The report identified the many benefits of introducing wildflower areas in terms of improving the biodiversity of open spaces which in turn benefits wildlife and people. The report outlined that an information report would be made available to Members after the five-year programme to provide an update on the effectiveness of the proposals. 3.4 There are now 46 wildflower and living lawn areas (41 wildflower areas and 5 living lawns) across Moray. The total area covered by wildflowers areas or living lawns is nearly 70,000 square metres, which is the equivalent in size to around 10 football pitches. 3.5 A list of the sites where wildflower/living lawns areas are located is shown in Appendix 1. These areas display a ‘managed for wildlife’ sign to inform the public of how these areas are being managed. 3.6 There have been many lessons learnt from the development of these sites, including how the establishment of wildflower areas in particular are reliant on the right soil conditions to become established. 3.7 These areas have primarily been developed and established through the efforts and support of the Open Spaces team, the Climate Change team and the local communities. Whilst most of these areas have received positive feedback, there has been some negative comments regarding such issues as perceived disparity of service relating to the lack of service provided by the Council to maintain an area. 4. RECOGNITION OF ACHIEVEMENTS 4.1 To showcase, and in recognition of the good work and achievements by the Council with regards wildflower areas, a recent article was published by NatureScot on their social media blog. A copy of the blog is shown in Appendix 2. 5. DIFFERENCE BETWEEN WILDFLOWER AREAS AND LIVING LAWNS 5.1 In general terms a wildflower area is intentionally planted, or grown from seed, with a diverse mix of native wildflowers species. These areas often need initial, or annual, ground preparation and require low nutrient levels to allow the wildflowers species to thrive. These areas are generally more costly to maintain than a living lawn. 5.2 A living lawn is an existing grassed area where the mowing is reduced or eliminated to allow existing or newly introduced wildflowers and other plants to grow, promoting a diverse, wildlife-friendly habitat within a traditional grassy area. 6. STRATEGIC POSITION MOVING FORWARDS 6.1 The current wildflower areas are now established and are a testament to the collaborative efforts by the Council and the community. Wildflower areas are generally more expensive to develop and maintain, particularly in the first year, than traditional grassed areas. Therefore based on the level of resources currently available, and that the management of these sites in their current form require little more investment, in terms of cost, time and resource, the focus will be on maintaining and improving these areas, rather than expanding the wildflower network. Page 254
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6.2 The Nature Restoration Fund has been used to invest in machinery and staff resources to allow many of the wildflower sites to be established and managed. This source of funding is not guaranteed into the future and any changes in availability of funding could have implications on the management of these areas. 6.3 It is recognised that wildflower/living lawn areas bring significant benefits in biodiversity terms, and support the Scottish Pollinator Strategy, the Council’s statutory Biodiversity Duty and the Climate Change Strategy action to increase nature positive management of Council land. The development and expansion of such sites is most beneficial where appropriate frameworks and processes are in place to manage any expansion. This will ensure sites are viable, sustainable and are akin to the wider strategic picture. 6.4 Since the original ‘wildflowers in the landscape’ report, a number of developments regarding wildflower/living lawns have been reported to Members via the Climate Change team workstreams, such as nature restoration projects updates, biodiversity reports, and nature networks information. 6.5 The latest strategy which includes references to the importance of wildflower areas is the Council’s Draft Biodiversity Strategy 2026-2036, which was approved by Council on 27 August 2025 (para 13 of the minute refers), and is currently out for public consultation until 28 November 2025. The revised Biodiversity Strategy 2026-2036 will be presented to Council for approval in due course, once the consultation responses have been reviewed and considered. 6.6 To ensure that any development in wildflowers/living lawn is in keeping with Biodiversity Strategy 2026-2036, is financially sustainable, and is inclusive of feedback from relevant stakeholders, consideration will be given by the climate change team, in collaboration with Officers of the Open Space team, to develop a suitable selection process for any further development of sites. This will be reported to Council alongside the revised Biodiversity Strategy. 7. SUMMARY OF IMPLICATIONS 7.1 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 and Biodiversity Impact X Page 255
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7.2 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 7.3 Policy and Legal The Council has a statutory duty under the Nature Conservation (Scotland) Act 2004 to further the conservation of biodiversity when carrying out its duties. Maintaining and enhancing wildflower areas will make a positive contribution towards the duty. 7.4 Financial There are no financial implications associated with this report. 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 7.5 Risk There are no risks associated with this report. 7.6 Staffing There are no staffing implications associated with this report. Page 256
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7.7 Best Value and Transformation Applying this co-ordinated and strategic approach to expanding wildflowers areas will help achieve best value. 7.8 Property There are no property implications associated with this report. 7.9 Information Communications/Technology/Digital There are no Information Communications/Technology/Digital implications associated with this report. 7.10 Equalities, Social Inclusion and Economic Impact The wildflower initiative supports equality and inclusion. Lack of access to the natural environment has evidenced links to poverty, inequality and poor educational, wellbeing and health outcomes. 7.11 Climate Change and Biodiversity Impacts The proposals aim to provide a strategic approach to improving biodiversity and nature networks which contributes to the Council Climate Change functions. 8. CONSULTATION 8.1 This report has been prepared in consultation with Executive Director Economy, Enterprise and Operations, Head of Operations and Environment, Chief Financial Officer, Service Manager Legal Services, R Geddes-Stewart HR Adviser, Equal Opportunities Officer, Service Manager Democratic Services, Open Spaces Manager, Principal Climate Change Strategy Officer and L Rowan, Committee Services Officer and any comments made have been incorporated into the report. 9. BACKGROUND PAPERS 9.1 None. Page 257
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Appendix 1 Area Location Area at 2025 (m2) Aberlour Speyside Way 180 Buckie Queen Street Orchard 180 Craigellachie Fiddich Park 120 Craigellachie Hill street 60 Dyke Village Hall 400 Elgin Lossie Wynd car park 80 Elgin Cooper Park 21500 Elgin Reikit lane 500 Elgin Glen Moray Drive 9500 Elgin Sandy Road 6000 Elgin North Street Bishopmill 350 Elgin Elgin Cemetery North 200 Elgin Lang Walk 350 Elgin Trinity Road 150 Elgin The Wards (area 1) 200 Elgin The Wards (area 2) Elgin The Wards (area 3) Elgin The Wards (area 4) 200 Elgin Cooper Park ex aviary site 90 Elgin Cooper Park by tennis courts 70 Elgin Banked areas on Springfield Rd (extension of Sandy Road area) 1400 Elgin Dovecot Park 550 Elgin Mart Park 300 Elgin Glen Lossie Drive 200 Fogwatt Millbuies Estate 400 Forres Bogton playing field 10500 Forres North Road 100 Forres Croft Road 60 Forres St Leonards Road 200 Forres Sanquhar Pond 40 Forres Castlehill 3400 Forres Sanquhar Road 400 Forres Sanquhar Road 120 Forres Applegrove gardens 40 Forres Clovenside Cemetery (rain garden) 400 Forres Mannachie Park living lawn 7452 Forres Mannachie Park Bulb mix 150 Forres Mannachie Park (wildflower turf) 400 Garmouth South Road 1600 Garmouth Mill Lane, Spey Street 24 Page 258
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Keith Old cemetery terraces 40 Kingston Playing field 400 Lossiemouth Esplanade 80 Rafford Bank below Church Terrace 500 Rothes Provost Christie Drive 60 Rothes A941 Elgin Road 600 Page 259
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Appendix 2 Moray’s Living Lawns Posted on Sep 1, 2025 What have Forres, Elgin, Lossiemouth, Buckie and Rothes got in common? Well, amongst other things, they are all locations in the Moray district where you can find ambitious, pollinator-friendly, approaches to greenspace management. It is reckoned that not far short of 70,000 square metres are now being managed in Moray specifically to benefit nature and pollinating insects. As you can imagine these sites vary in location, size, and appearance. One approach taken embraces the concept of Living Lawns. Working hand-in-hand with communities, and seizing the opportunities presented by the likes of the Scottish Government’s Nature Restoration Fund, the council has been steadily making changes to the way greenspaces are managed across the area. Relaxed mowing regimes lie at the very heart of this attitude. The Living Lawns idea mirrors successful work carried out the Royal Botanic Gardens in Edinburgh where a highly-visible living lawn demonstrated how less mowing, longer growing grasses and a swathe of plants beneficial to pollinators such as clovers, dandelions and yarrows (to name but a few) could provide much needed forage for hard-pressed pollinators. Page 260
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One of the largest sites of this nature lies in the very heart of Elgin, where 21,500 square metres of Cooper Park have been given over to nature-friendly management. Cooper Park has long been a focal point in this significant community and the living lawn here is managed by the council’s Lands Park Team, with help from Moray College. It’s been a great example of providing for nature since 2021 and like many floral areas in an urban setting it is well liked by locals and a fine example of how the old-fashioned intensive mowing of parks can be changed without any loss of popularity. The park isn’t the only success story in Elgin. At nearby Reikit Lane verge areas under pollinator-friendly care have almost doubled since 2021. The sympathetically managed verge approach is increasingly popular in Scotland, and these green corridors are welcomed by those with concerns around connectivity of pollinator-friendly sites. Page 261
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A dozen or so miles to the east of Elgin lies Forres, and again pollinator provision is on the increase here. The town’s Bogton Playing field boasts a 10,000 square metre site which is increasingly providing a colourful haven for pollinators. Since 2022 intensive sward management has been stopped and cutting reduced to just one annual event. This relaxed approach has allowed wild orchids to thrive and in a recent enhancement the area was over-seeded with yellow-rattle, that well known ‘meadow-maker,’ by an enthusiastic and supportive local community. Page 262
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The Bogton stie is complemented by similar positive steps in small sites on Croft Road, Castlehill, and Mannachie Park and this variety of sites in close proximity is good news for pollinators. Across the district projects of various sizes have popped up. In Aberlour and Lossiemouth well-maintained meadows are flourishing. Meanwhile in Buckie the approach was to maximise the opportunity afforded by the Queen Street Orchard where ethe introduction of a carpet of perennial native wildflowers has been a welcome development. Since 2023 an additional 30 sites have been identified as being suitable for new wildflower areas. Their creation often works because it involves both community and council participation. Page 263
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Change was afoot in Moray three hundred years ago when the imposition of a malt tax caused uproar. Three centuries on we live in more sedate times, and whilst there is a bit of a stir as pollinator friendly actions gather momentum, we can safely say that they grab the public’s imagination for all the right reasons. Page 264
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Find out more: Moray Nature Networks Plans Moray Council Nature and Biodiversity pages Further information The bulk of the main sites have used the general seed mixes below: Cornfield Annual Mix Get Nectar-rich Quick Mix Yellow Rattle (Rhinanthus minor) Pollinator-friendly plants thriving in Moray … Angelica, Betony, Bush Vetch, Cow Parsley, Cat’s-ear, Cuckoo Flower, Cowslip, Devil’s-bit Scabious, Greater Bird’s-foot Trefoil, Hedge Bedstraw, Hybrid Avens, Kidney Vetch, Lady’s Bedstraw, Lesser Knapweed, Marjoram, Meadow Buttercup, Meadow Cranesbill, Meadowsweet, Ox-eye Daisy, Red Campion, Red Clover, Self-heal, Square-stemmed St. John’s Wort, Tansy, Teasel, Valerian, Water Avens, Yarrow, Yellow Rattle Page 265
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Report to: Economic Development and Infrastructure Services Committee Meeting Date: 11 November 2025 Report by: Executive Director Economy, Environment and Operations Authors: Rod Lovie Contact Email: Rod.Lovie@moray.gov.uk Subject: Public Bodies Climate Change Report 2024-2025 1. PURPOSE ☐ For Decision ☒ For Information 1.1 The purpose of this report is to inform the Committee of the Council’s Public Sector Report on Compliance with Climate Change Duties for 2024/25. 1.2 This report is submitted to Committee in terms of Section III (F) (33) of the Council’s Scheme of Administration relating to providing, developing and monitoring the Council’s Economic Development and Infrastructure Services. 2. SUMMARY 2.1 All public sector bodies are required to publish annual climate change reports by 30 November. This report gives a summary of the Public Bodies Climate Change Report 2024- 2025. 2.2 Since last year there has been a 6% decrease in emissions. These are mainly from a reduction in kerosene use and gas for heating as well as a reduction in commercial waste going to landfill due to the closure of the Nether Dallachy landfill site. Compared to last year there has been an increase in diesel usage although the levels of use are still less than 2 years ago. 2.3 The report will be updated with greenhouse gas conversion factors for 2024 and submitted to Scottish Government by 30 November 2025. Any changes in conversion factors are not expected to significantly alter the emissions calculations. Page 267
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3. BACKGROUND AND CONTEXT 3.1 The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015 requires public sector bodies to publish annual climate change reports. This is intended to demonstrate compliance with public sector bodies’ climate change duties, to engage leaders and encourage action to be taken to reduce carbon emissions. 3.2 The Council has a duty under Section 44 of the Climate Change (Scotland) Act 2009 to contribute to reducing Scotland’s greenhouse gas emissions, contribute to helping Scotland adapt to a changing climate, and to act in a way it considers most sustainable. 3.3 Moray Council submitted its first mandatory report on its compliance with climate change duties to the Scottish Government in November 2016, covering the period 2015/16, and has subsequently submitted its annual reports on time each November. 4. PERFORMANCE AND UPDATES 4.1 A copy of the Council’s Public Sector Report on Compliance with Climate Change Duties is due to be submitted to the Scottish Government by 30 November 2025. has been uploaded to the Committee Management Information System (CMIS) and is available as an additional meeting document in Section 8 Background Papers. 4.2 In 2024/25, the Council’s recorded carbon emissions were 17,726 tonnes of carbon dioxide equivalent (tCO2e) – a decrease of 1,132tCO2e (-6%) compared to reporting year 2023/24. A summary of changes by emissions source, illustrating how emissions have changed between the reporting years is provided in Appendix 1. 4.3 The decrease in the Councils recorded carbon emissions are principally from the closure of the Nether Dallochy landfill site. There was a spike in commercial and industrial waste going to the site before it was closed during this year. The commercial waste uplifted by the Council is now treated by the NESS Energy from Waste facility, which processes non- recyclable waste to produce electricity for the national grid, and heat for a district heating network. Emissions from the disposal of commercial and industrial waste have reduced by 27% compared to the 2023-24 reporting year, from 3,462 to 2,543 tCO2e. With the closure of the Nether Dallochy landfill site, the emissions from commercial and industrial waste are expected to reduce further in 2025-26. 4.4 Emissions from natural gas have reduced by 5%. This is thought to be a combination of reducing set temperatures, more active management of heating systems, and another relatively mild winter. The reduction in the burning of kerosene for heat has seen emissions fall by 206 tCO2e. This is primarily due to less down time of biomass boilers as kerosene is used as a backup heat source. The subsequent increase in woodchip and wood pellets has led to an increase of around 1.4 tCO2e giving a substantial overall saving in emissions. 4.5 The highest number of full-time equivalent (FTE) staff employed during the 2024/25 financial year was 3,737.14, a very slight decrease of 61.46 FTE since the previous report. Page 268
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This figure is used to calculate the carbon emissions resulting from commuting and homeworking, and as such both have reduced slightly. 4.6 The largest increase in emissions was from diesel usage. This has gone up by 7% after falling by 12% in 2023/24. Part of the unexpectedly large reduction in 2023/24 was due to seasonal weather changes. For example, the milder winter resulted in lower gritter mileage. The assumption for 2024/25 is that some of these previous reductions have been corrected. 4.7 The Council’s solar PV projects generated 53,616 kWh of renewable electricity in 2024/25. This represents an increase of 4% in renewable energy generated compared to 2023/24. This is on top of an increase of 32% in 2023/24. 4.8 The Public Bodies Climate Change Report also included information about climate adaptation work the Council has been undertaking. Data from SEPA was used to inform coastal and flood resilience planning, addressing projected risks according to climate scenarios, with Scotland’s first Coastal Change Adaptation Plans adopted in Moray in 2024. Information gathering for a Local Climate Impact Profile used historical data to assess services being impacted and highlight what risks are likely to increase due to climate change. Adaptation action was carried out as part of service delivery across most services, but additionally, external funding was secured from the Coastal Change Adaptation Fund for a number of case studies and partnership working with communities. 5. NEXT STEPS AND FUTURE REPORTING 5.1 The template for the Public Bodies Climate Change Report has still to be updated for 2024/25 with new carbon conversion factors. Local Authorities have been advised to prepare reports using last year’s templates as an interim measure until the templates for 2024/25 are released and then the data can be copied over to the new template. Therefore, the numbers in this report could change as the conversion factors are updated. However, any changes in conversion factors are not expected to significantly alter the emissions calculations and will not significantly alter the summary of information in this report. 5.2 The statutory annual climate change reporting is fulfilled by the Council’s climate change officers with officers working across the Council having a responsibility to provide all necessary information required for submission. 5.3 Data collected for the purposes of annual climate change reporting will also continue to be used to inform updates to the Council’s Climate Change Plan and Routemap to Net Zero Carbon Emissions, due to be reported in March 2025. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: Page 269
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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 and Biodiversity Impact 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 Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015 requires that public bodies prepare a report on compliance with climate change duties as set out by the Climate Change (Scotland) Act 2009. The Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Amendment Order 2020 requires that the body to provide further details within its mandatory reporting on climate change duties. 6.4 Financial There are no financial implications arising from this report. 6.5 Risk There are no risk implications arising from this report. Page 270
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6.6 Staffing The Public Bodies Climate Change Duties Reporting requires staffing input from the climate change team and officers from across services. 6.7 Best Value and Transformation Contributing to the achievement of sustainable development through continuous improvement in performance is a key component of the Council’s Best Value duties set out by the Local Government in Scotland Act 2003. 6.8 Property There are no property implications arising from this report. 6.9 Information Communications/Technology/Digital There are no ICT implications arising from this report. 6.10 Equalities, Social Inclusion and Economic Impact There are no equalities, social inclusion and economic implications arising from this report. 6.11 Climate Change and Biodiversity Impacts There are no additional climate change and biodiversity implications arising from this report. 7. CONSULTATION 7.1 This report has been prepared in consultation with the Executive Director - Economy, Environment and Operations, Chief Governance Officer, Acting Head of Growth, Planning and Climate, Energy Officer, the Sustainable Travel Officer, the Senior Project Officer Active Travel Strategy, Service Manager Roads & Fleet, and the Equal Opportunities Officer and any comments made have been incorporated into the report. 8. BACKGROUND PAPERS 8.1 Moray Council’s Public Sector Report on Compliance with Climate Change Duties Climate Change Strategy 2020-2030 Route Map to Net Zero Update 2024 Page 271
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Appendix 1: Overview of Emissions by Source Emission type Emission source 2023-24 (tCO2e) 2024-25 (tCO2e) Change % Change Fuels Burning oil (Kerosene) 644 437 -206 -32% Waste Commercial and industrial waste 3462 2541 -921 -27% Water Water treatment 23 19 -4 -18% Water Water supply 13 10 -2 -18% Bioenergy Landfill gas 3 3 0 -13% Waste Mixed dry recyclates - Recycled 21 19 -2 -9% Waste Organic: food and drink waste - Composting 70 64 -6 -9% Waste Clothing - Recycled 2 2 0 -6% Fuels Natural gas 4185 3964 -221 -5% Waste Metal: steel cans - Recycled 2 2 0 -5% Waste Paper and board: mixed - Recycled 89 86 -3 -3% Transport - car Average car - Unknown 292 285 -7 -2% Transport Staff commuting emissions 2098 2064 -34 -2% Homeworking Homeworking (equipment + heating) 902 887 -15 -2% Hotel stay Hotel stay - UK 3 3 0 0% Electricity Transmission and distribution - Electricity: UK 246 249 3 1% Electricity Electricity: UK 2841 2874 33 1% Waste Household/Municipal/Domestic waste 385 389 4 1% Bioenergy Wood chips 15 15 0 1% Fuels Marine fuel oil 54 56 1 3% Waste Glass - Recycled 61 63 2 3% Waste Metal: aluminium cans and foil (excl. forming) - Recycled 2 2 0 4% Fuels Petrol (average biofuel blend) 33 35 2 6% Waste Metal: scrap metal - Recycled 17 18 1 6% Fuels Diesel (average biofuel blend) 3333 3566 233 7% Waste Organic: garden waste - Composting 20 22 2 9% Waste WEEE - mixed - Recycled 16 18 2 12% Bioenergy Wood pellets 9 10 1 13% Waste Plastics: average plastics - Recycled 11 14 2 18% Transport - public National rail 3 3 1 23% Transport - public Flights - Domestic, to/from UK - Average passenger 4 6 2 37% Waste Batteries - Recycled 0 0 0 139% TOTAL 18858 17726 -1132 -6% Page 272
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Report to: Economic Development and Infrastructure Services Committee Meeting Date: 11 November 2025 Report by: Executive Director Economy, Enterprise and Operations Author: Ian Walker Contact Email: ian.walker@moray.gov.uk Subject: 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. BACKGROUND AND CONTEXT 3.1 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. 3.2 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. 3.3 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 Page 273
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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. PROPOSALS 4.1 APPENDIX 1 – rent reviews 4.2 APPENDIX II – servitudes and wayleaves 4.3 APPENDIX III – leases 5. SUMMARY OF IMPLICATIONS 5.1 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 ✓ Risk ✓ Staffing ✓ Best Value and Transformation ✓ Property ✓ Information Communications Technology/Digital ✓ Equalities. Social Inclusion and Economic Impact ✓ Climate Change, Biodiversity and Sustainability ✓ 5.2 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 Page 274
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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 5.3 Policy and Legal None. 5.4 Financial The transactions detailed in APPENDICES I, II, and III will generate an income to the Council. 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 5.5 Risk None. 5.6 Staffing None. 5.7 Best Value and Transformation None. 5.8 Property None. 5.9 Information Communications/Technology/Digital None. 5.10 Equalities, Social Inclusion and Economic Impact None. 5.11 Climate Change and Biodiversity Impacts None. Page 275
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6. CONSULTATION 6.1 None. 7. BACKGROUND PAPERS 7.1 None. Page 276
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APPENDIX I REPORT TO THE ECONOMIC DEVELOPMENT AND INFRASTRUCTURE SERVICES COMMITTEE ON 11 NOVEMBER 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. DU/1/101 2. SOAND 1. 3 Dufftown Industrial Estate, Dufftown 2. Mike Neary 1. - 2. 0.07Ha 1. 1/4/07 2. 5 years 1. £1,600 p.a. 2. £2,370 p.a. Permitted Use: Recycling Centre. 1. MW/580/1 2. SOAND 1. Nether Dallachy Landfill Site, Spey Bay 2. Crown Estate Commissioners 1. - 2. 31.54Ha 1. 1/4/93 2. Annually 1. £24,437.50 p.a. 2. £26,304 p.a. Permitted Use: Council landfill site. Council are tenant of Crown Estate Scotland. 1. FR/4/102 2. AGREIG 1. 1A Waterford Circle, Forres 2. Ewan Tulloch 1. N/a 2. 0.08Ha 1. 25/10/04 2. 5 years 1. £2,450 p.a. 2. £2,870 p.a. Permitted Use: Use classes 4, 5 & 6 of T & CP (Use Classes)(S) Order 1997 as amended. Page 277
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1. EL/1/230 2. SADEWO 1. 9 Chanonry Road South, Elgin 2. David McCrea 1. 110sqm 2. - 1. 1/4/16 2. 3 years 1. £9,700 p.a. 2. £10,250 p.a. Permitted Use: Storage and distribution unit with showroom and ancillary sales associated with the tenant’s horticultural and hydroponics business. 1. EL/5/123 2. SADEWO 1. 10 Pinefield Parade, Elgin 2. Carmichael Holdings (Scotland) Ltd 1. - 2. 0.06Ha 1. 12/5/05 2. 5 years 1. £2,375 p.a. 2. £2,700 p.a. Permitted Use: Flooring contractor’s business. 1. ME/482/7 2. SADEWO 1. Rothiemay and District Playgroup, Rothiemay Primary School, Rothiemay 2. Rothiemay and District Playgroup 1. 44sqm 2. - 1. 2/8/21 2. None 1. £774 p.a. 2. £1,032 p.a. Permitted Use: Childcare Nursery. 1. KE/410/2 2. SADEWO 1. Nursery in Community Centre, Keith 2. Keith Play Centre Ltd 1. 2. - 1. 2/8/21 2. Annually 1. £4,800 p.a. 2. £6,400 p.a. Permitted Use: Childcare Nursery. Page 278
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1. FR/1/205 2. AGREIG 1. 10-11 West Road, Forres 2. Speyside Brewing Co Ltd 1. 364sqm 2. 0.06Ha 1. 10/5/22 2. 3 years 1. £25,500 p.a. 2. £29,500 p.a. Permitted Use: Brewing facility for tenant’s business. 1. EL/1/210 2. SADEWO 1. 4 Chanonry Road South, Elgin 2. Loomis UK Ltd 1. 538sqm 2. 0.14Ha 1. 18/12/15 2. 3 years 1. £35,500 p.a. 2. £42,500 p.a. Permitted Use: Use as a secure distribution and storage depot. 1. FR/3/102 2. AGREIG 1. 5 Waterford Way, Forres 2. George Smith 1. 101.5sqm 2. 0.03Ha 1. 11/5/90 2. 5 years 1. £1.350 p.a. 2. £1,850 p.a. Permitted Use: Premises for timber buildings manufacturing business. 1. KE/1/230 2. SADEWO 1. 10 Westerton Road North, Keith 2. Simply Delicious (Keith) Ltd 1. 52.3sqm 2. 0.01Ha 1. 4/8/06 2. 3 years 1. £3,900 p.a. 2. £4,440 p.a. Permitted Use: Storage of dry foods and frozen foods plus parking of 2 catering vans. 1. BK/750/91 2. AGREIG 1. Pier 3 Buckie Harbour, Buckie 2. Ocean Winds UK Ltd (07101190) 1. - 2. 0.27Ha 1. 21/9/23 2. Annually 1. £10.240 p.a. 2. £10.590 p.a. Permitted Use: Windfarm maintenance. Page 279
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1. EL/1/303 2. SADEWO 1. 20 Chanonry Road North, Elgin 2. Scottish Hydro Electric Power Distribution plc 1. - 2. 0.81Ha 1. 10/11/14 2. 5 years 1. £25,600 p.a. 2. £33,200 p.a. Permitted Use: Workshops, warehouse and yard with ancillary offices for use as a depot. 1. EL/1/121 2. SADEWO 1. 4 Chanonry Street, Elgin 2. Gary Stewart McKnockiter and Walter Ritchie 1. - 2. 0.04Ha 1. 22/6/00 2. 5 years 1. £2,070 p.a. 2. £2,400 p.a. Permitted Use: Joiners workshop (sublease user). 1. EL/5/117 2. SADEWO 1. 23 Perimeter Road, Elgin 2. Barry Paul Williamson and Danny Williamson 1. - 2. 0.04Ha 1. 1/7/85 2. 5 years 1. £2,655 p.a. 2. £2,950 p.a. Permitted Use: Workshop and store. 1. EL/1/226 2. SADEWO 1. Unit 6, 2 Chanonry Road North, Elgin 2. WiFi Scotland LLP (S0306648) 1. 50sqm 2. - 1. 1/7/22 2. 3 years 1. £3,960 p.a. 2. £4,750 p.a. Permitted Use: Use as a workshop, store and office associated with the tenant’s telecoms business. 1. MO/482/1 2. AGREIG 1. Mosstodloch Primary School Nursery, Mosstodloch 2. Garmouth and Kingston Playgroup 1. 55sqm 2. 0.01Ha 1. 2/8/21 2. Annually 1. £4,272 p.a. 2. £5,696 p.a. Permitted Use: Childcare facility. Page 280
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1. BK/482/5 2. AGREIG 1. Portessie Primary School Nursery, Buckie 2. Portessie Playgroup 1. 68sqm 2. - 1. 2/8/21 2. Annually 1. £1,893 p.a. 2. £2,524 p.a. Permitted Use: Childcare facility. 1. PK/482/2 2. AGREIG 1. Portknockie Primary School Nursery, Portknockie 2. Portknockie Playgroup 1. 74.3sqm 2. - 1. 2/8/21 2. Annually 1. £2,910 p.a. 2. £3,880 p.a. Permitted Use: Childcare facility. 1. KE/1/110 2. SADEWO 1. 9 Westerton Road South, Keith 2. Glenmoir Storage Ltd (SC627367) 1. - 2. 0.22Ha 1. 3/5/19 2. 3 years 1. £5,990 p.a. 2. £6,850 p.a. Permitted Use: Siting storage containers and ancillary offices. Page 281
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APPENDIX II REPORT TO THE ECONOMIC DEVELOPMENT & INFRASTRUCTURE SERVICES COMMITTEE ON 11 NOVEMBER 2025 GRANT OF SERVITUDES AND WAYLEAVES Officer Intls File Ref Address Description Price Comments CQ Electricity Wayleaves 4 March Road West Buckie AB56 4BU Wayleave (Electricity) £85.60 Wayleave to SSEN in connection with neighbouring properties installation of electric vehicle charging infrastructure. CQ Electricity Wayleaves Town Hall 1 Trinity Place Elgin IV30 1UL Wayleave (Electricity) £255.60 Wayleave to SSEN for required re- alignment of HV cabling in connection with Town Hall extension works. CQ Electricity Wayleaves Town Hall 1 Trinity Place Elgin IV30 1UL Wayleave (Electricity) £4.26 Wayleave to SSEN for required HV cabling link in connection with South Elgin Strategy Project works. Page 282
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APPENDIX III REPORT TO THE ECONOMIC DEVELOPMENT AND INFRASTRUCTURE SERVICES COMMITTEE ON 11 NOVEMBER 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. EL/1/235 2. SADEWO 1. 19 Chanonry Road South, Elgin 2. Sam Jarockyj 1. 110sqm 2. 9.36Ha 1. 1/6/25 2. 3 years £11,200 Permitted Use: Store & workshop for landscape gardening. 1. Street Traders 2. CQ 1. The Slappy, Station Road, Burghead 2. Ms J Price - Orka Sauna Ltd (SC837114) 1. N/a 2. 0.0001 1. 18/7/25 2. N/A £650 Permitted Use: Mobile vendor permission to site on and trade from Council ground. Vendor holds a valid Street Traders Licence. 1. KE/3/258 2. SADEWO 1. Units N & M Isla Bank Mills, Keith 2. Oakwood Cooperage Ltd (SC596065) 1. 342.7sqm 2. 0.03Ha 1. 30/8/24 2. 3 years £22,000 Permitted Use: Metal fabricators workshops and store. Page 283
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1. BK/750/79 2. CQ 1. 2 Old Station Yard, Buckie 2. Charlie’s Tale Ltd 1. 163sqm 2. 0.022Ha 1. 16/6/25 2. N/A £880 (for period) Permitted Use: Short term (1 month) occupation licence to store gear in connection with on-location film production. 1. FR/4/203 2. AGREIG 1. 5 Waterford Circle, Forres 2. Steven Hart 1. 70sqm 2. - 1. 21/7/25 2. 3 years £7,500 p.a. Permitted Use: Motorcycle detailing. 1. LH/1/202 2. AGREIG 1. Unit 2 Lhanbryde Industrial Estate, Lhanbryde 2. Nigel Campbell 1. 46.5sqm 2. 0.01Ha 1. 1/8/25 2. 3 years £4,180 p.a. Permitted Use: Automotive workshop and diagnostic centre by appointment only. 1. LO/1/203 2. SOAND 1. Unit 3 Coulardbank Industrial Estate, Lossiemouth 2. Friendly Access 1. 70sqm 2. 0.02Ha 1. 28/7/25 2. 3 years £7,000 p.a. Permitted Use: Storage and maintenance of surf school equipment. Page 284
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Report to: Economic Development and Infrastructure Services Committee Meeting Date: 11 November 2025 Report by: Executive Director Education, Housing and Communities Author: Iain Highet Contact Email: iain.highet@moray.gov.uk Subject: Annual Report on Energy Consumption and Expenditure 2024 - 2025 1. PURPOSE ☐ For Decision ☒ For Information 1.1 The purpose of this report is to note the annual energy and water performance of the Council’s non-domestic building portfolio in 2024/25. 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 monitoring of the Council’s Economic Development an Infrastructure Services. 2. SUMMARY 2.1 The Annual Energy Report for 2024/25 sets out within the report the annual utility consumption and expenditure for consideration. 2.2 In 2024/25 the Council’s energy consumption in non-domestic operational properties decreased by 4% when compared to the previous year. The water consumption fell by 18%. 2.3 In 2024/25 the total cost of utilities including Street Lighting increased from £6,524,643 in 2023/24 to £7,128,364 equivalent to 9.3%. 3. BACKGROUND AND CONTEXT 3.1 Annual reports have been presented to Committee since 2006; the last report was submitted for noting to this Committee on 12 November 2024. This report is submitted as the Council’s Annual Energy Report for 2024/25. Page 285
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3.2 Improving energy efficiency not only minimises costs, but it also reduces on-going carbon emissions in the most cost-effective manner. 3.3 During the financial year 2024/25 the Council’s expenditure on utilities (including street lighting) was approximately £7.13M, with associated carbon emissions of 7.6 tonnes CO2e. 4. PERFORMANCE 4.1 Table 1 provides a summary of the Council’s utilities consumption, costs and emissions during 2024/25. Heat refers to kWh from Biomass plant. Table 1 Annual Report Figures 24-25 Commodity Consumption (kWh/m3) Net Cost (£) Carbon (tonnes CO2e) Heat 2,377,928 £218,584 27 Oil 1,772,544 £104,648 437 Gas 21,669,630 £1,373,211 3,963 Electricity 11,641,880 £4,024,047 2,623 Street Lighting and Unmetered Elec 2,236,649 £771,791 504 Water (m3) 102,983 £636,083 34 Totals £7,128,364 7,589 4.2 The operation of the Council’s non-domestic building’s utility cost was £6,356,573 with further expenditure of £771,791on street lighting and unmetered electricity. 4.3 Combined Energy Consumption - Table 2 below provides a comparison of energy consumption between 2023/24 and 2024/25 for individual utilities. Table 2 Consumption Utility 23-24 24-25 Difference % Heat 2,245,882 2,377,928 132,046 6% Oil 2,509,728 1,772,544 -737,184 -29% Gas 22,875,985 21,669,630 -1,206,355 -5% Electricity 11,481,741 11,641,880 160,139 1.4% Overall Building Total (kWh) 39,113,336 37,461,982 -1,651,354 -4.2% Street Lighting and Unmetered Elec 2,238,586 2,236,649 -1,937 0% Overall Total (kWh) 41,351,922 39,698,631 -1,653,291 -4.0% Water (m3) 125,787 102,983 -22,804 -18.1% 4.4 The combined energy consumption from the Council’s buildings for 2024/25 was 37,461,982 kWh, compared with consumption of 39,113,336 kWh for 2022/23, equivalent to a 4.2% decrease. Street Lighting consumption has stabilised as LED replacement schemes conclude. Page 286
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4.5 Heating Related Energy Consumption - To take account of weather conditions a measure termed “Degree Days” is utilised to incorporate the effect of warmer or colder conditions – permitting a comparison of heating related efficiency. 4.6 Graph 1 below shows the Council’s weather adjusted historic heating consumption. Graph 1 4.7 Heating accounts for a significant proportion of the Council’s energy consumption. The weather in 2024/25 was 2% warmer than in 2023/24 and the graph above shows a weather adjusted decrease in heating consumption of 4.6% compared to the previous year. This can largely be attributed to improved heating controls in some schools, through monitoring and management of heating systems, and the vacating of some office buildings. 4.8 Heating Policy -No changes to the current heating policy are proposed in this year’s report. 4.9 Electricity Consumption - Graph 2 shows the Council’s building estate historic electricity consumption. Graph 2 Page 287
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4.10 The Council’s electricity consumption including Electric Vehicle (EV) charging excluding Street Lighting was 11,641,880 kWh in 2024/25 compared to 11,481,741 kWh in 2023/24 a 160,139 kWh or 1.4% increase when compared to the previous year. This increase can be attributed to an increase in EV charging and the method used to calculate this, and increased utilisation of office space. 4.11 Electric Vehicle Charging - EV charging consumption increased from 544,371 kWh in 2023/24 to 606,912 kWh in 2024/25. An increase of 11.5%. 4.12 Removing this from the building estates electricity consumption it reduces the total increase of electricity consumption from 1.4% to 0.9%. However, it is important to note that the first year of including EV consumption in this annual report was 2023/24, since then there has been a slight change in how this is measured that has influenced consumption figures. In future reporting this same methodology should be followed and 2024/25 consumption used as a baseline. 4.13 Water Consumption - Graph 3 shows the Council’s historic water consumption. Graph 3 Page 288
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4.14 The Council’s water consumption was 102,983 m3 in 2024/25 compared with 125,787m3 in 2023/24 a decrease of 18.1%. This can be attributed to the repair of leaks that had caused issues in the previous year and water efficiency projects. 4.15 Carbon Emissions - Table 3 outlines carbon emissions resulting from utility consumption, providing a clear overview of environmental impact associated with utility use attributed to Moray Council building related operations. 4.16 Table 3 Figures are in tonnes of CO2e Utility 23-24 24-25 Difference % Heat 24 27 3 12% Oil 619 437 -182 -29% Gas 4,185 3,963 -221 -5% Electricity 2,378 2,410 33 1% Electricity TandD Losses 206 213 7 4% Street Lighting and Unmetered Elec 464 463 -0 0% Street Lighting and Unmetered Elec TandD Losses 40 41 1 2% Water 22 16 -6 -29% Water Treatment 25 18 -7 -28% Overall Total C02e 7,963 7,589 -373 -5% Total Scope 1 C02e 4,828 4,428 -400 -8% Total Scope 2 C02e 2,841 2,874 32 1% Page 289
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Total Scope 3 C02e 293 288 -5 -2% Electricity Transmission and Distribution (TandD) Losses refer to the energy lost during the transfer of electricity from power plants to end user through power lines and transformers. There is a requirement to report emissions from these losses as Scope 3 emissions. 4.17 Overall emissions in 2024/25 decreased by 5% compared with 2023/24. Direct Scope 1 emissions dropped by 8%. Contributory factors that affect the reduction in carbon emissions include: • Reduced Gas and Oil consumption used for building space heating has reduced Scope 1 emissions. • The Scope 3 emission reduction from reduced water consumption is offset by an increase in the conversion factors for water treatment, as well as an increase in conversion factor of Electricity TandD losses. 5. UTILITY MANAGEMENT 5.1 Utility Expenditure - In 2024/25 the Council’s total utility bill amounted to £7,128,364 an increase of £603,721 (9.3%) compared to 2023/24 - with buildings constituting the largest element at £6,356,573. 5.2 Table 4 below gives a breakdown of costs. Table 4 Utility 23-24 24-25 Difference % Heat £198,233 £218,584 £20,351 10% Oil £169,909 £104,648 -£65,261 -38% Gas £1,325,949 £1,373,21 1 £47,262 4% Electricity £3,549,851 £4,024,04 7 £474,196 13% Water £619,417 £636,083 £16,666 3% Overall Total - Buildings Only (£) £5,863,359 £6,356,57 3 £493,214 8.4% Street Lighting and Unmetered Elec £661,284 £771,791 £110,507 16.7% Overall Total (£) £6,524,643 £7,128,36 4 £603,721 9.3% 5.3 The Scottish Government have a national framework in place with Total Energies Gas and Power for the supply of natural gas, EDF Energy Ltd for electricity and Business Stream Ltd for water. These frameworks have been in place since 2024, 2019 and 2020 respectively, and are used by 98% of Scottish Public Sector organisations. 5.4 Scottish Procurement (SP) have a Risk Management Committee (RMC) who oversee policy, procedures and the purchasing strategy. Gas and electricity are purchased up to 2.5 years in advance, this has provided a high level of protection by purchasing over a long period of time. SP give the Council a fixed wholesale price of gas and electricity for the fiscal year. Page 290
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5.5 The wholesale cost of gas and electricity for Moray Council was fixed for the fiscal year 2025/26 in March 2025. The total unit cost for electricity has been set at 24.047 p/kWh this equates to a 21% decrease in the cost of electricity. The total unit price for gas is 3.96p/kWh, this equates to an 16% decrease in the cost of Gas, this is however off set by increase in standing charges. 5.6 Gas and electricity standing charges vary across the Council’s sites depending on the size and type of the supply. Electricity consumption charges also vary depending on the site and what time of day the electricity is used. Therefore, it is not possible to give one simple cost of energy across the entire portfolio. One way to quantify the price is to calculate a pence per unit (PPU) cost. The PPU for this financial year 2025-26 is based on billing up to the end of August. This gives a good idea of the change in energy costs, however this may change between now and the end of the year as consumption increases over the winter months. 5.7 5.8 Future Budget Guidance - Using the advice from SP and inflationary rates some guidance on the future budgets required is set out in Table 5. These figures have been arrived at using 2024-25 consumption. Costs have been arrived at using a percentage uplift based on costs so far this year, advice from SP and RPI inflationary rates. 5.9 Table 5 Utility 2025-26 2026-27 2027-28 Heat £220,770 £229,821 £239,244 Oil £103,602 £107,849 £112,271 Gas £1,450,111 £1,189,091 £1,129,056 Electricity £3,339,959 £3,223,728 £3,116,056 Water £686,970 £755,667 £831,233 Overall Total - Buildings Only (£) £5,801,411 £5,506,156 £5,427,861 Street Lighting and Unmetered Elec £640,587 £618,294 £597,643 4.83 4.85 4.95 5.17 7.36 8.52 9.19 9.28 5.31 4.85 3.93 5.86 7.47 6.93 5.90 5.73 2.84 3.05 2.73 2.67 7.03 6.29 6.34 6.71 13.70 14.77 16.02 15.99 18.61 31.00 34.57 29.33 - 5.00 10.00 15.00 20.00 25.00 30.00 35.00 40.00 Av PPU 18- 19 Av PPU 19- 20 Av PPU 20- 21 Av PPU 21- 22 Av PPU 22- 23 Av PPU 23- 24 Av PPU 24- 25 Av PPU 25- 26 PENCE PER KWH FISCAL YEAR AVERAGE ENERGY COST PER UNIT (KWH) MORAY COUNCIL Heat Oil Gas Electricity Page 291
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Overall Total (£) £6,441,997 £6,124,451 £6,025,504 5.10 The figures in Table 5 are estimates based on the available guidance at the time of writing. The actual out-turn may vary greatly as consumption changes according to building use, weather conditions and non-energy costs are applied to invoices. The energy markets remain volatile, as market prices remain sensitive to geopolitical events and supply risks to meet demand. 5.11 Renewable Energy Generation Revenue - The Council currently operates 2 biomass heating systems, at Speyside and Milne’s High Schools and Solar PV in Elgin High School that benefit from Renewable Heat Incentive (RHI) and Feed in Tariff (FIT). 5.12 For the 2024/25 period the Council received combined Renewable Heat Incentive (RHI) payments of £144,825. The increase is due to less down time of plant for maintenance than previous years. 5.12 Table 6 Total RHI Income 23-24 24-25 Difference % Milnes HS £56,920 £67,621 £10,701 19% Speyside HS £73,903 £77,204 £3,301 4% Total RHI Income £130,823 £144,825 £14,002 11% 5.13 The Council operates a single site which benefits from the Feed in Tariff (FIT) scheme. This is the Solar PV array on Elgin High School. Table shows the FIT amount. The increase in payments is down to weather conditions and inflationary increase. 5.14 Table 7 Total FIT Income 22-23 23-24 Difference % Elgin HS £2,067.68 £2,393.09 £325.41 14% 5.15 Invoice Processing -All utility invoices go directly to the Energy Team for verification and validation prior to centralised authorisation and payment. Utility invoices are processed, checked and uploaded onto the Council’s monitoring and targeting system – TEAM Sigma. The software automatically performs validation checks on the data received, highlighting any abnormalities for the Energy Team to investigate. 5.16 During 2024-25 the active management, checking and validation of utility consumptions and invoices identified over £112,627 of erroneous charges which were resolved by the Energy Team. 6. ENERGY INITIATIVES 6.1 Small energy efficiency projects in 2024/25 had a capital cost of £47,702. These projects are expected to save an estimated £11,911 per year and 6633 Kg CO2e. Page 292
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6.2 6.3 A report titled LED Replacement Programme Corporate Building, was reported to and approved at Moray Council on 13 August 2024 (para 13 of the minute refers). This report gave delegated authority to the Head of Housing, Property and Communities and the Chief Financial Officer to approve the progression of projects that meet the Council’s spend to save principles in line with the Council’s standard governance processes including ancillary project management governance. 6.4 LED projects already complete this financial year. - Moray Council HQ, HQ Annexe, Ashgrove Depot, Buckie Sports Pitches. Design work and contractor engagement is ongoing with an aim to replacing all of the lighting where appropriate. 6.5 A report titled Programme to Install Solar Photovoltaics on Council assets was reported to and approved at Moray Council on 13 August 2024 (para 14 of the minute refers). This report gave delegated authority to the Head of Housing, Property and Communities and the Chief Financial Officer to approve the progression of projects that meet the Council’s spend to save principles in line with the Council’s standard governance processes including ancillary project management governance. 6.6 Solar PV projects on the rooftops of Ashgrove Depot, HQ, HQ Annexe and Elgin Library are complete or scheduled to complete Q2 / Q3 2025/26. Design work and planning to install Solar PV where appropriate on council properties is ongoing. 6.7 As approved by this Committee, 14 November 2023, Annual Report on Energy Strategy and Actions (para 13 of the minute refers), the Energy Team has made a successful application to Salix for the Scotland’s Public Sector Decarbonisation Fund. A grant of £593,880 was awarded towards building fabric improvements and changing to a zero direct emissions heating system in Cullen Primary School. This grant was successfully claimed and paid to the Council in Q1 2025/26. Works are ongoing. 6.8 A successful grant fund application was made to the Scottish Government Heat Network Support Fund. A feasibility study into the creation of a heat network in the centre of Elgin has been produced. Officers have requested an addendum to this study. When this has been received and findings presented further reports will be presented to Council with the findings and potential next steps required to progress the project. 7. SUMMARY OF IMPLICATIONS Site / Project Capital cost Savings Unit Annual £ Savings Annual Kg CO2e Savings Funding Source Pinefield Store LED replacement £3,949.21 5,363 Electricity kWh £1,394.38 1133 Energy Cooper Park Depot LED replacement £1,960.00 2,216 Electricity kWh £576.16 468 Energy Burnie Day Centre LED replacement £3,674.18 2,453 Electricity kWh £637.78 518 Energy Buckie HS Sports Pitches LED replacement £27,323 15,540 Electricity kWh £4,040.40 3283 Sport & Culture Shore st depot LED Replacement £1,696 2,115 Electricity kWh £549.90 447 Energy Andersons Primary School Urinals £4,052.04 2,190 Water M3 £4,159.00 722 Business Stream Mosstowie Primary School Tabs £1,987 73 Water M3 £94.00 24 Business Stream Rothiemay Primary School Taps £2,560 114 Water M3 £459.00 38 Business Stream Total £47,202 £11,911 6633 Energy Efficiency Projects 2024-25 Page 293
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7.1 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 and Biodiversity Impact X 7.2 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 7.3 Policy and Legal This report has no specific implications relating to Policy and Legal. 7.4 Financial In 2024/25 the Council’s total utility bill amounted to £7,128,364 compared to £6,524,643 in 2023/24, an increase of £603,721 (9.3%). Utility spend in 2025/26 is predicted to decrease to an estimated £6,441,997. During 2024/25 the active management, checking and validation of utility consumptions and invoices identified over £112,627 of erroneous charges. 7.5 Risk While budget guidance is contained within this report, there’s significant risk of costs to increase. Consumption can be affected by weather conditions. Energy markets are volatile, and prices can be changed dramatically by the geopolitical situation. Page 294
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7.6 Staffing There are no staffing implications. 7.7 Best Value and Transformation Reducing utility spend provides best value. 7.8 Property There are no property implications. 7.9 Information Communications/Technology/Digital There are no information communication technology and digital implications. 7.10 Equalities, Social Inclusion and Economic Impact There are no equalities, human rights, or socio-economic implications. 7.11 Climate Change and Biodiversity Impacts Reduction in energy consumption and energy efficiency projects will contribute to achieving net zero and the developing LHEES strategy will assist in setting out strategic cohesion in achieving reductions in climate emissions. 8. CONSULTATION 8.1 This report has been prepared in consultation with, the Head of Housing, Property and Communities, the Chief Financial Officer, the Acting Head of Growth, Planning and Climate (Chief Planning Officer), the Service Manager Property, Estates and Assets, the Principal Climate Change Strategy Officer, the Service Manager Legal Services, the Equal Opportunities Officer, and Lissa Rowan, Committee Services Officer have been consulted and any comments made have been incorporated into the report. 9. BACKGROUND PAPERS 9.1 Annual Report on Energy Consumption and Expenditure – Economic Development and Infrastructure Services Committee 12 November 2024 Page 295
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