Item 8 - Exxon Land Acquisitions

West Dunbartonshire Council · 31 August 2022
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WEST DUNBARTONSHIRE COUNCIL
Report by Chief Officer: Supply, Distribution and Property
Council: 31 August 2022
Subject: Exxon Land Acquisitions
1. Purpose
1.1 To note the progress made in negotiations with landowners and seek
approval for acquisitions as detailed in the report.
2. Recommendations
2.1       It is recommended that the Committee:
(i) Approve recommendations contained in 4.8, 4.13; 4.16; 4.18, 4.22,
4.25 and 4.27.
(ii) Authorise the Chief Officer, Supply, Property and Distribution to
conclude negotiations.
(iii) Authorise the Chief Officer, Regulatory and Regeneration to conclude
the transaction on such conditions as considered appropriate.
3. Background
3.1 Previous reports, listed in background papers on Report to Council 31
August 2022: Glasgow City Region City Deal - Update have identified
progress of the Council’s project at the Exxon site.
3.2 The Exxon site development project will entail delivery of road access and
the supporting infrastructure required to enable development of the site.
3.3 One of the fundamental infrastructure requirements is the construction of
road network accesses at the eastern and western extents of the site linked
by a spine road through the site, which will enable it to be accessed for
development.
3.4 The site requires substantial investment in site preparation prior to
development taking place including decontamination works prior to transfer
to West Dunbartonshire Council, creation of new roads infrastructure, flood,
environmental and drainage mitigation.
4. Main Issues
4.1 Extensive discussions have taken place with a number of landowners in
respect of acquisitions of land to facilitate the redevelopment of the former
Item 8
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oil terminal.
4.2 West Dunbartonshire Council engaged District Valuer as agents to appraise
each site, provide valuations and thereafter negotiation with landowners on
agreed acquisition prices and other reasonable provisions to accommodate
concerns of the landowners and other reasonable provisions to
accommodate concerns of the landowners.
4.3 A plan detailing the various land acquisition sites can be found at
Appendices 1 (a) and 1 (b).
4.4 Past  Reports to Council have narrated the benefits of the project to the
West Dunbartonshire Community in terms of the improvement to transport
and the GVA which will arise from the project and the necessity to acquire
land in order to deliver the project. These reports are listed as background
papers to this report. 
4.5 It is the viewpoint of officers that they have done all that is reasonable over
a number of years to acquire the required land on a voluntary basis. 
4.6 Whilst the Council has been clear that it would pursue all avenues to
acquire on a voluntary basis, and that remains the fastest and most
favoured route, the option of compulsory acquisition remained on the table.
The project is now at a point that if compulsory purchase is required, a delay
in proceeding by that route represents a risk to the project.
Arnold Clark Automobiles Limited
4.7 Negotiations have taken place in respect of a voluntary arrangement with
Arnold Clark Automobiles Limited in respect of the area required for the
Exxon site development project at a value of Twenty Thousand Pounds
(£20,000) Sterling.
4.8 It is recommended that members agree to purchase of the area of ground
detailed in Appendix 2 from Arnold Clark Automobiles Limited for the sum
of Twenty Thousand Pounds (£20,000) Sterling.
4.9 During negotiations for the purchase of the land as part of the Exxon site 
development project we were approached by Arnold Clark Automobiles
Limited to purchase the area of ground  (Appendix 3) which they currently
lease from West Dunbartonshire Council for £20,000 per annum.
4.10 This area of ground is not required by West Dunbartonshire Council for any
operational requirement.
4.11 The disposal of the site to Arnold Clark Automobiles Limited will retain a
local business within West Dunbartonshire.
4.12 A valuation was instructed via the District Valuer who has subsequently
provided a valuation of Three Hundred and Sixty Five Thousand Pounds
(£365,000) Sterling.
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4.13 It is recommended that members agree to dispose of the area of ground
detailed in Appendix 3 to Arnold Clark Automobiles Limited for the sum of
Three Hundred and Sixty Five Thousand Pounds (£365,000) Sterling.
4.14 This disposal will have no suspensive conditions and be able to conclude
within 4 weeks of any approval given by Council.
Charles Cleary
4.15 Negotiations have taken place in respect of a voluntary arrangement with
Charles Cleary in respect of the area require for the Exxon site
development project at a value of Sixty Five Thousand Pounds (£65,000)
Sterling.
4.16 It is recommended that members agree to purchase of the area of ground
detailed in Appendix 4 from Charles Cleary at a value of Sixty Five
Thousand Pounds (£65,000) Sterling.
Chivas Brothers Limited
4.17 Negotiations have taken place in respect of a voluntary arrangement with
Chivas Brothers Limited  in respect of the area require for the Exxon site
development project at a value of Twenty Thousand Pounds (£20,000)
Sterling.
4.18 It is recommended that members agree to purchase of the area of ground
detailed in Appendix 5 Chivas Brothers Limited at a value of Twenty
Thousand Pounds (£20,000) Sterling together with reasonable
accommodation works in respect of safety fencing for the area of land
being retained by Chivas Brothers Limited. 
Susan Jane Dick
4.19 Negotiations have taken place in respect of a voluntary arrangement with
Susan Jane Dick.
4.20 Susan Jane Dick has presented the Council with conditions regarding the
rehoming of her ponies on a temporary and permanent basis and on
assessment  officers are able to offer the following which it believes best
addresses the conditions:
o Purchase from Susan Jane Dick the area of ground detailed in
Appendix 6  at a value of Seventy Seven Thousand Four Hundred
Pounds (£77,400) Sterling;
o Transfer of an area of ground up to 4 acres at the site currently
known as Sheepfold, on reinstatement after works, subject to Esso
Petroleum Company Limited’s approval and subject to ongoing
obligations as to use of land.  This will be at a value agreed per acre
as at today’s date to ensure no detriment to Susan Jane Dick when
purchasing at a later date.
o Granting of a grazing let at a site at Overtoun for a nominal sum of£1
for a term to be defined.
o Transfer at nil value an area of ground near Littlemill for reburial of
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horses.
4.21 In addition to the above terms the Council will agree to either carrying out
a new site investigation report for the area known as Sheepfold or
augmenting the report already received to include testing of not just the
soil, but also the vegetation and the water on site at the request of Susan
Jane Dick.
4.22 It is recommended that members agree subject to a voluntary agreement
with Susan Jane Dick the terms detailed in 4.20.  
Scottish Society for Prevention of Cruelty to Animals (SSPCA)
4.23 Negotiations have taken place in respect of a voluntary arrangement with
SSPCA in respect of the area require for the Exxon site development
project at a value of Eighteen Thousand Pounds (£18,000) Sterling.
4.24 Negotiations are ongoing in relation to area of ground to reduce the size of
the acquisition but these are not yet concluded at the time of writing the
report. 
4.25 It is recommended that members agree to purchase the area of ground or
part of the area of ground detailed in Appendix 7 to SSPCA following
conclusion of negotiations with the landowner at a value to be agreed with
the District Valuer.   
All Sites
4.26 All reasonable fees in respect of legal and land agents incurred as a result
of any of the transaction will be required to be paid by West Dunbartonshire
Council.
4.27 While all reasonable efforts have been made to enter into the above
voluntary arrangements, officers believe that the terms proposed represent
the most the Council can reasonably offer.  As timescales for the
commencement of construction are extremely tight, should acquisition not
be secured on binding terms within a very short period the project would
face considerable risk both in terms of price inflation and possession of the
railway to allow the works on the underbridge to commence.  Accordingly,
approval,  is sought to acquire any or all of the sites by Compulsory
Purchase Order under Part I of the First Schedule to the Acquisition of Land
(Authorisation Procedure) (Scotland) Act 1947  and either the Town &
Country Planning (Scotland) Act 1997 or the Roads (Scotland) Act 1984
should there be any delay in acquisition.  Delegated authority is sought for
the Manger of Legal Services to determine the appropriate approach and
formulate  any CPO for submission to Scottish Ministers for their approval
to the Council’s subsequent legal acquisition of the land.
5. People Implications
5.1 There are no people implications with this report.
6. Financial Implications
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6.1 As detailed in 4.26 all reasonable fees in respect of legal and land agents
incurred as a result of any of the transaction will be paid by West
Dunbartonshire Council but the value of these fees will not be known until
transactions have completed.
6.2 As detailed in 4.22 and 4.25 and contained in recommendations 4.8, 4.16
and 4.18 cost in the region of £200,400 will be incurred subject to further
clarification.  This indicative budget cost is already accounted for in the
wider the Exxon site development project and no additional funds are being
sought in respect of this report.
6.3 By agreeing to the recommendation contained within 4.13, the Council will
benefit from a sizeable capital receipt of Three Hundred and Sixty Five
Thousand Pounds (£365,000) Sterling. 
6.4    There are no procurement implications arising from this report.
7. Risk Analysis
7.1 There are a number of project risks associated with the acquisition of land
and the impact on the wider Exxon project and these are monitored
regularly by the project board and any issues highlighted in the regular City
Deal updates to Council.
7.2 There is a risk that if the voluntary acquisition is delayed the project may
face delays and costs which may put the viability of the project in doubt.
This risk is mitigated by the request that compulsory purchase powers can
be delayed in the event of delay.
8. Equalities Impact Assessment
8.1 An Equalities Impact Assessment is not required for this report.
9. Strategic Environmental Assessment (SEA)
9.1 A Strategic Environmental Assessment is not required for the purposes of
this report
10. Consultation
10.1 Consultation was undertaken with landowners, external stakeholders and
various officers across a number of services including Resources and
Regulatory.
11. Strategic Assessment
11.1 The acquisition of the land contained within this report as part of the
wider Exxon project will contribute to the Council’s strategic priority for a
strong local economy and improved job opportunities
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Angela Wilson 
Chief Officer, Supply, Distribution and Property
Date: 17 August 2022
Person to Contact: Michelle Lynn, Assets Co-ordinator
Email: michelle.lynn@west-dunbarton.gov.uk 
Appendix: Appendix 1(a) – Land Acquisition Plan
Appendix 1(b) – Land Acquisition Plan
Appendix 2 – Land Acquisition Plan (Arnold Clark
Automobiles Limited) 
Appendix 3 – Land Disposal Plan (Arnold Clark Automobiles
Limited)
Appendix 4 – Land Disposal Plan (Charles Cleary)
Appendix 5 – Land Disposal Plan (Chivas Brothers Limited)
Appendix 6 – Land Disposal Plan (Susan Jane Dick)
Appendix 7 – Land Disposal Plan (SSPCA)
Background Papers:    UK Shared Prosperity Fund Report to Housing and
Communities Committee 22 August 2022
GCR Interim Performance Report- 18 Nov 2021 , GCR
Education Improvement Collaborative/West Partnership
Improvement Plan 2021/22, Glasgow City Region City
Deal – 29 Council updates since February 2016, March
2021 Elected Members briefing- Renfrew Bridge, July
2020 Members Bulletin.
ExxonMobil Commercial Agreement 24 June 2020.
Glasgow City Region City Deal - Exxon Site Outline
Business Cases 22 Feb 2017 and 28 Nov 2018
(Refreshed). 
Clyde Valley City Deal - Update and Strategic Business
Case- Council 24 June 2015. 
Clyde Valley City Deal Update- Council 25 Aug 2015 and
16 Dec 2015. 
Clyde Valley City Deal- Governance- Council 17 Dec
2014.  
Glasgow City Region City Deal- Council 13 August 2014.
“City Deal Initiative” Clyde Valley Investment Fund-
Council 30 April 2014 (Memorandum of Understanding).
Clyde Valley Community Planning Partnership – City Deal
Initiative – Council 28 August 2013.
Equalities Impact Assessment November 2018.
Environmental Impact Assessment -DC20/088 – Planning
Application – Documents.
Wards Affected: 3
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18/12/1936 Anglo-American Oil Co. Ltd
DMB70002 Railway Paths
DMB84700 William G Thompson
10/05/1929 WDC
DMB19400 Alexander, Frances Barr
26/11/1964 British Railways Board
10/07/1933 Tsts George Js Fergusson-Buchanan
2/06/1853 Caledonian/Dunbartonshire Junction Railway
DMB26011 SRC
9/01/1952 Scottish Power
18/04/1967 Esso Petroleum Co Ltd
01/04/1955 Esso Petroleum Co Ltd
26/11/1936 Anglo-American Oil Co. Ltd and Messrs. Scott & Sons
18/12/1936 Anglo-American Oil Co. Ltd
29/09/1966 Esso petroleum Co Ltd
16/05/1919 Anglo-American Oil Co. Ltd
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KEEPCLEAR KEEPCLEAR KEEPCLEAR
BUSSTOP
AREA: 463 Sq.M
PERIM: 137.168m
AREA: 306 Sq.M
PERIM: 148.918m
AREA: 7272 Sq.M
PERIM: 847.651m
Checked
Drawing Issue Status
Date of 1st Issue
Drawing Number
Designed
Revision
DrawnMark Revision ChkdDate
File Location: \\pba.int\gla\projects\30953 wdc exxon site access study\bim\cad\dwgs\wip\30953-stn-00-xx-dr-z-0006.dwg
UTILITIES NOTE: The position of any existing public or private sewers, utility services, plant or apparatus shown on this
drawing is believed to be correct, but no warranty to this is expressed or implied.  Other such plant or apparatus may also
be present but not shown.  The Contractor is therefore advised to undertake their own investigation where the presence
of any existing sewers, services, plant or apparatus may affect their operations.
SCALING NOTE:  Do not scale this drawing - any errors or omissions shall be reported to Stantec without delay.
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EXXON SITE DEVELOPMENT PROJECT
LAND ACQUISITION PLAN FOR
ARNOLD CLARK
WEST
DUNBARTONSHIRE
COUNCIL
INFORMATION (S0)
00-XX-DR-Z-0006 P01
25.06.2020
1:1000
- GD
DMcL DMcD
100020790
2020
Client
A1 Scale
LEGEND
DENOTES LAND OWNED BY ARNOLD CLARK (DMB14332)
DENOTES LAND TAKE REQUIREMENT FOR CONSTRUCTION
DENOTES SITE BOUNDARY
242400 242500 242600 242700 242800
242400 242500 242600 242700 242800
674000
674100
674200
674300
674400
674000
674100
674200
674300
674400
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LAND REGISTER
OF SCOTLAND
Officer’s ID / Date
N
ORDNANCE SURVEY
NATIONAL GRID REFERENCE
Survey Scale
C
DMB38818
70m
1/1250
NS4972SW NS4972SE NS47SE
30150
TITLE NUMBER
9/7/1997
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KEEPCLEAR
AREA: 1636 Sq.M
PERIM: 226.167m
Checked
Drawing Issue Status
Date of 1st Issue
Drawing Number
Designed
Revision
DrawnMark Revision ChkdDate
File Location: \\pba.int\gla\projects\30953 wdc exxon site access study\bim\cad\dwgs\wip\30953-stn-00-xx-dr-z-0009.dwg
UTILITIES NOTE: The position of any existing public or private sewers, utility services, plant or apparatus shown on this
drawing is believed to be correct, but no warranty to this is expressed or implied.  Other such plant or apparatus may also
be present but not shown.  The Contractor is therefore advised to undertake their own investigation where the presence
of any existing sewers, services, plant or apparatus may affect their operations.
SCALING NOTE:  Do not scale this drawing - any errors or omissions shall be reported to Stantec without delay.
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EXXON SITE DEVELOPMENT PROJECT
LAND ACQUISITION PLAN FOR
CHARLES CLEARY
WEST
DUNBARTONSHIRE
COUNCIL
INFORMATION (S0)
00-XX-DR-Z-0009 P01
25.06.2020
1:1000
- GD
DMcL DMcD
100020790
2020
Client
A3 Scale
LEGEND
DENOTES LAND OWNED BY CHARLES CLEARY
(11/04/1967)
DENOTES LAND TAKE REQUIREMENT FOR
CONSTRUCTION
DENOTES SITE BOUNDARY
242000 242100 242200
242000 242100 242200
674200
674300
674200
674300
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KEEPCLEAR
KEEPCLEAR KEEPCLEAR KEEPCLEAR
AREA: 4292 Sq.M
PERIM: 562.198m
AREA: 868 Sq.M
PERIM: 233.617m
AREA: 968 Sq.M
PERIM: 272.821m
Checked
Drawing Issue Status
Date of 1st Issue
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Designed
Revision
DrawnMark Revision ChkdDate
File Location: \\pba.int\gla\projects\30953 wdc exxon site access study\bim\cad\dwgs\wip\30953-stn-00-xx-dr-z-0014.dwg
UTILITIES NOTE: The position of any existing public or private sewers, utility services, plant or apparatus shown on this
drawing is believed to be correct, but no warranty to this is expressed or implied.  Other such plant or apparatus may also
be present but not shown.  The Contractor is therefore advised to undertake their own investigation where the presence
of any existing sewers, services, plant or apparatus may affect their operations.
SCALING NOTE:  Do not scale this drawing - any errors or omissions shall be reported to Stantec without delay.
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EXXON SITE DEVELOPMENT PROJECT
LAND ACQUISITION PLAN FOR
CHIVAS BROTHERS LIMITED
WEST
DUNBARTONSHIRE
COUNCIL
INFORMATION (S0)
00-XX-DR-Z-0014 P01
25.06.2020
1:1000
- GD
DMcL DMcD
100020790
2020
Client
A3 Scale
LEGEND
DENOTES LAND OWNED BY CHIVAS
BROTHERS LIMITED (DMB10946, DMB82940,
DMB38635)
DENOTES LAND TAKE REQUIREMENT FOR
CONSTRUCTION
DENOTES SITE BOUNDARY
242100 242200 242300
242100 242200 242300
674200
674300
674200
674300
Page 46

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KEEPCLEAR KEEPCLEAR KEEPCLEAR
BUSSTOP
AREA: 15651 Sq.M
PERIM: 612.942m
Checked
Drawing Issue Status
Date of 1st Issue
Drawing Number
Designed
Revision
DrawnMark Revision ChkdDate
File Location: \\pba.int\gla\projects\30953 wdc exxon site access study\bim\cad\dwgs\wip\30953-stn-00-xx-dr-z-0007.dwg
UTILITIES NOTE: The position of any existing public or private sewers, utility services, plant or apparatus shown on this
drawing is believed to be correct, but no warranty to this is expressed or implied.  Other such plant or apparatus may also
be present but not shown.  The Contractor is therefore advised to undertake their own investigation where the presence
of any existing sewers, services, plant or apparatus may affect their operations.
SCALING NOTE:  Do not scale this drawing - any errors or omissions shall be reported to Stantec without delay.
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EXXON SITE DEVELOPMENT PROJECT
LAND ACQUISITION PLAN FOR
SUSAN JANE DICK
WEST
DUNBARTONSHIRE
COUNCIL
INFORMATION (S0)
00-XX-DR-Z-0007 P01
25.06.2020
1:1000
- GD
DMcL DMcD
100020790
2020
Client
A3 Scale
LEGEND
DENOTES LAND OWNED BY SUSAN JANE DICK
(DMB70815)
DENOTES LAND TAKE REQUIREMENT FOR
CONSTRUCTION
DENOTES SITE BOUNDARY
242300 242400 242500
242300 242400 242500
674100
674200
674300
674100
674200
674300
Page 47

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BUSSTOP
AREA: 748 Sq.M
PERIM: 228m
Checked
Drawing Issue Status
Date of 1st Issue
Drawing Number
Designed
Revision
DrawnMark Revision ChkdDate
File Location: \\gla-vfps-001\projects$\30953 wdc exxon site access study\bim\cad\dwgs\wip\30953-stn-00-xx-dr-z-0015.dwg
UTILITIES NOTE: The position of any existing public or private sewers, utility services, plant or apparatus shown on this
drawing is believed to be correct, but no warranty to this is expressed or implied.  Other such plant or apparatus may also
be present but not shown.  The Contractor is therefore advised to undertake their own investigation where the presence
of any existing sewers, services, plant or apparatus may affect their operations.
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&RS\ULJKW UeVeUYeG
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EXXON SITE DEVELOPMENT PROJECT
LAND ACQUISITION PLAN FOR
TRUSTEES FOR SSPCA
WEST
DUNBARTONSHIRE
COUNCIL
INFORMATION (S1)
00-XX-DR-Z-0015 P01
18.11.20
1:1000
- GD
DMcL DMcD
100020790
2020
Client
A1 Scale
242400 242500 242600 242700 242800
242400 242500 242600 242700 242800
674000
674100
674200
674300
674400
674000
674100
674200
674300
674400
LEGEND
DENOTES LAND OWNED BY TRUSTEES FOR SSPCA (DMB14027)
DENOTES LAND TAKE REQUIREMENT FOR CONSTRUCTION
DENOTES SITE BOUNDARY
Page 48