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20231212 HL Area Committee H-C-D Cyclepath Update Report

Argyll and Bute Council · 12 December 2023
Back to Helensburgh & Lomond Area Committee — 12 December 2023 and its agenda

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ARGYLL AND BUTE COUNCIL  Helensburgh and Lomond Area
Committee
DEVELOPMENT AND ECONOMIC
GROWTH 
12 December 2023 
Helensburgh, Cardross and Dumbarton Cyclepath Update 
1.0 EXECUTIVE SUMMARY 
1.1. This report updates Members on the progress made since the previous report to
the Helensburgh and Lomond Area Committee on 12 September 2023 in
relation to the delivery of a dedicated, high quality walking and cycle path linking
Helensburgh, Cardross and Dumbarton.  The delivery of this path is a stated
Council Priority. 
1.2. WSP and Officers continue to work on engaging with landowners to enable
comment on the designs, securing landowner agreement to enable
environmental survey access and on continued engagement with other key
stakeholders to secure support for the designs.  Since the previous update,
Officers and WSP have met on-site with one landowner and Officers have been
in dialogue with the land agents for other landowner to arrange a meeting. 
1.3. Civic Engineers are developing the initial community engagement to help
identify the preferred route linking the existing cyclepath at Morrisons
Supermarket / Hermitage Academy to Helensburgh Town Centre and the new
section of segregated cycleway under construction at Helensburgh Waterfront. 
It is planned this engagement will be undertaken in January 2024. 
RECOMMENDATIONS 
1.4. It is recommended that the Helensburgh and Lomond members: 
1.4.1. Support the continued efforts by WSP and Officers to try to engage with
landowners. 
1.4.2. Welcome the planned community engagement to support the identification of a
preferred route linking Morrisons Supermarket/Hermitage Academy to
Helensburgh Town Centre/Waterfront. 
1.4.3. Consider the feedback received from Scottish Government Civil Servants,
directing us to Planning Circular 6/2011: Compulsory Purchase Orders, which
provides guidance on the use of CPO powers and the general considerations
required.

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ARGYLL AND BUTE COUNCIL  Helensburgh and Lomond Area
Committee
DEVELOPMENT AND ECONOMIC
GROWTH 
12 December 2023 
Helensburgh, Cardross and Dumbarton Cyclepath Update 
2.0 INTRODUCTION 
2.1. This report updates Members of the progress made since the Helensburgh and
Lomond Area Committee on 12 September 2023 in relation to the delivery of a
dedicated, high quality walking and cycle path linking Helensburgh, Cardross
and Dumbarton.  The delivery of this path is a stated Council Priority. 
2.2. Full details of the project, including previous progress is available in the project
update reports previously presented to this Committee. 
3.0 RECOMMENDATIONS 
3.1. It is recommended that the Helensburgh and Lomond members: 
3.1.1. Support the continued efforts by WSP and Officers to try to engage with
landowners. 
3.1.2. Welcome the planned community engagement to support the identification of a
preferred route linking Morrisons Supermarket/Hermitage Academy to
Helensburgh Town Centre/Waterfront. 
3.1.3. Consider the feedback received from Scottish Government Civil Servants,
directing us to Planning Circular 6/2011: Compulsory Purchase Orders, which
provides guidance on the use of CPO powers and the general considerations
required. 
4.0 DETAIL 
4.1. The Council’s Active Travel Team, 1.7 FTE (Full Time Equivalent employees), is
part of the Strategic Transport Team within the Development and Economic
Growth Service.  No Council funding is currently received by the Active Travel
Team. All project costs, including internal staff costs, have to be funded via
successfully securing highly competitive external challenge funds. 
4.2. In 2023/24, to date the Active Travel Team secured £2.56M external funding for
the development and delivery of a total of 22 projects across Argyll and Bute,
including the Helensburgh – Cardross – Dumbarton Cyclepath.  This required 18
separate competitive funding applications, to 5 separate funds. 
Design

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4.3. Transport Scotland’s Places for Everyone (PFE) programme is structured
around 8 project stages with a competitive challenge fund, with the 32 local
authorities, 7 regional transport partnerships, two national parks and numerous
community groups across Scotland competing against each other to secure the
funding each project requires. 
4.4. A minimum of three new competitive funding submissions are required to
complete a project using PFE funding, with competitive applications required, as
a minimum, prior to Stage 0 (Strategic Definition), Stage 3 (Developed Design)
and Stage 5 (Construction).  The project stages are (0) Strategic Definition, (1)
Preparation and Brief, (2) Concept Design), (3) Developed Design, (4) Technical
Design, (5) Construction, (6) Handover & Close Out and (7) In Use. 
4.5. Phase 1 Colgrain to Cardross & Phase 2 Cardross to Dumbarton 
4.5.1. Officers and WSP continue to work and try to engage with affected landowners
in relation to the planned design in order to gather their comments on the
proposed designs and shape the designs appropriately. It is also necessary to
gain landowners approval to allow the necessary ecology surveys, albeit some
will now require to be completed in 2024 as they are season dependent. 
However, to complete the work within the programme (Appendix 1) is still
dependent on positive and responsive engagement from landowners, who we
continue to try and engage with, utilities networks and key stakeholders. 
4.5.2. Funding for the design development has been secured from the Strathclyde
Partnership for Transport (SPT) Capital Programme and Transport Scotland’s
PFE programme.  The Transport Scotland PFE programme, funded by the
Scottish Government, is a highly competitive challenge fund, with the 32 local
authorities, 7 regional transport partnerships, two national parks and numerous
community groups across Scotland competing against each other to secure the
funding each project requires, and which also requires projects to closely comply
with the ever evolving design requirements set by the paid administrators of the
funding, Sustrans. 
4.6. Phase 3 Helensburgh Town 
4.6.1. Civic Engineers are working to develop a community engagement to help
identify the preferred route linking the existing cyclepath at Morrisons
Supermarket / Hermitage Academy to Helensburgh Town Centre and the new
section of segregated cycleway at Helensburgh Waterfront, and to identify the
most appropriate locations in Helensburgh which the route should seek to serve
to best meet community needs.  It is planned that the main community
engagement for the first stage of the design process will be undertaken in
January 2024. 
4.6.2. This work is being funded via a successful competitive application to the highly
competitive Transport Scotland PFE Programme, with the 32 local authorities, 7
regional transport partnerships, two national parks and numerous community
groups across Scotland competing against each other for this funding, and to

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the SPT Capital Programme with 12 local authorities competing for the funding. 
Future stages of work will be subject to Officers, requiring again, to successfully
secure future external competitive challenge funding and/or the allocation of
Council funding. 
Construction (stage 5) 
4.7. Cardross Rail Station to Geilston Burn 
4.7.1. Cardross Rail Station to Geilston Burn.  The Council’s Roads and Infrastructure
Service have completed installation of most elements of the cyclepath through
Cardross Park, with only a small amount of fencing still to be installed. This work
has been funded by the SPT Capital Programme and the Scottish Government’s
Cycling, Walking and Safer Routes (CWSR) fund. 
4.7.2. To protect the public, the bridge over the Geilston Burn has been fenced off until
access is agreed to further land on the west side of the Burn to construct the
path through to an accessible destination. 
Land Access / Acquisition 
4.8. As instructed by this Committee, Officers have made contact with Highland
Council to seek to understand their experience of utilising Section 22 Path Orders,
including a more detailed understanding of the process. 
4.9. As instructed by this Committee, Officers have been in contact with Scottish
Government civil servants to seek additional information on the detailed process
for the submission and determination of a Compulsory Purchase Order (CPO). 
The response received noted that Civil Servants are limited in the advice they
would be able to offer in respect of what enabling power, be that transport or
planning, the Council may wish to use to use if a CPO is decided to be taken
forward. Further, they directed Officers to Planning Circular 6/2011: Compulsory
Purchase Orders which sets out the policy on the use of CPO powers and the
general considerations.  Civil servants confirmed they could undertake a
“technical check” which can be used in advance of a CPO being submitted, which
would focus on checking the relevant documentation that is in place rather than
looking at the merits and justification of any particular Order.   
4.10. “Planning Circular 6/2011: Compulsory Purchase Orders” provides guidance in
relation to the potential to use, key considerations and process to be followed by
any statutory authority who has CPO powers. The circular provides guidance on;
engaging early with the people affected in order to seek to attempt to acquire the
land by agreement; the justification for making a CPO; engaging with the people
affected after making a CPO; process for sending the CPO to Scottish Ministers
for confirmation; taking possession and legal title to the land; and, compensation. 
4.11. Officers have also engaged with the Council’s Legal service and the Council’s
legal advisors, Brodies, to gain their advice on the process, timescales and cost
of developing a CPO.  At time of writing the Councils Legal service are awaiting a
reply from Brodies.

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Match Funding 
4.12. Transport Scotland’s Places for Everyone (PFE) programme, administered by
Sustrans, requires a minimum of 30% of total construction cost is secured
by the Council from alternative, non-Transport Scotland derived, sources. 
As the requirements placed upon the project by the Places for Everyone funding
criteria and additional demands of Sustrans PFE Officers around elements of the
design result in a premium design, and therefore expensive to construct,  the 30%
construction match funding requirement is forecast to be in excess of £2M. 
Phasing construction over a number of financial years will enable maximisation of
suitable external match funding, however this will result in a longer construction
programme.  Accelerating the construction programme will require additional
match funding to be secured, from internal and/or external sources, which could
prove challenging given the current economic climate. 
4.13. At present no construction match funding has been positively identified, and would
require externally to be secured though competitive bidding against 32 local
authorities, 7 regional transport partnerships, two national parks and numerous
community groups across Scotland for PFE Construction funding.  While SPT
Capital Fund is eligible as match, depending on the timescale for construction and
the other demands for SPT Capital Funding (competitive bid funding against 12
competing local authorities) it is considered that alternative sources of match
funding should be sought, including consideration if any internal Council funds
could be allocated to the delivery of this Council Priority. 
Maintenance 
4.14. Sustrans have started requesting a written maintenance plan and confirmation of
how this will be funded and delivered prior to approving any Construction funding. 
As such, members require to decide how the future maintenance of the cyclepath,
including sections of route already in place, will be delivered.  At present, the
Council does not receive any funding for the maintenance of cyclepaths and none
of the current external funding sources secured through competitive bidding for
active travel include maintenance as an eligible cost.  This anomaly has been
repeatedly raised by Officers with Transport Scotland Officials and it is widely
acknowledged to be inconsistent with the Scottish Government’s commitments
regarding capital funding for active travel projects. 
4.15. The Roads and Infrastructure Service are the single service within the Council
which possesses infrastructure maintenance teams appropriately trained and
qualified to undertake maintenance of cyclepaths, however it is acknowledged
these teams are already near capacity delivering the Roads and Infrastructure
Service commitments. The Roads and Infrastructure Service has previously
stated they do not wish to adopt sections of cyclepath remote from the public road.   
Programme

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4.16. Appendix 1 provides the current programme of the key stages and forecast
timescales for each section of the Phase 1: Helensburgh to Cardross section of
the Cyclepath; Phase 2: Cardross to Dumbarton; and, Phase 3: Helensburgh:
Hermitage Academy to Town Centre. 
4.17. Appendix 2 provides an update with regard to the current position on landowner
engagement. [EXEMPT] 
5.0 CONCLUSION 
5.1. Completion of the Helensburgh, Cardross and Dumbarton Cyclepath will provide
a dedicated, high quality, accessible walking and cycle route linking
Helensburgh, Cardross and Dumbarton.  This route will provide opportunities for
all in the Helensburgh – Cardross – Dumbarton corridor to travel more
sustainably and actively by walking and cycling.  This will provide a safe
alternative to having to use a private car to travel between these communities
and help lower Argyll and Bute’s carbon footprint. Funding for these works has
been secured from our key active travel partners with further bids being
developed to enable the construction of further sections of the cycleway
following completion of design work and as and when land acquisition has been
concluded. 
5.2. The delivery of the Helensburgh – Cardross – Dumbarton Cyclepath is
dependent on completing the design work, securing highly competitive external
challenge funding, committing appropriate match funding and securing access to
private land for the route. 
6.0 IMPLICATIONS 
6.1. Policy Completion of this project will support the Council’s
SOA outcomes 2: We have infrastructure that supports
sustainable growth and 5: People live active, healthier
and independent lives. The project also supports
achievement of the Scottish Government’s objectives
set out in the Cycling Action Plan for Scotland (CAPS)
and Let’s Get Scotland Walking - The National
Walking Strategy.
6.2. Financial The design, construction and land purchase will be
funded by external competitive funding applications.
The Council has not contributed any funding to design
or capital costs.  There is strong evidence that people
who are more active, for example by walking or
cycling, have been physical and mental health and are
less likely to require social care services in later life
which could result in a future saving to the Council or
HSCP.

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6.3. Legal Continued input will be required from Legal Services to
support contractual agreements and land purchase
including a CPO should this be deemed necessary.
6.4. HR None.
6.5. Fairer Scotland
Duty: 
6.5.1 Equalities Completion of this project will provide opportunities for
all in the Helensburgh – Cardross – Dumbarton
corridor to travel more sustainably and actively by
walking, wheeling and cycling.
The route has been designed to be DDA compliant
and will provide a safe and accessible route for those
with mobility aids including wheelchairs and
parents/guardians with a child’s pram or buggy.
6.5.2 Socio-
economic Duty
The route, once completed, will offer residents the
opportunity to choose to travel using active travel,
which are lower cost than alternative modes of
transport.  The route will also improve access to
essential services, retail, leisure and employment
opportunities for residents living along the route, with
studies demonstrating those who travelled actively had
a higher monthly spend in local businesses than those
who travel via motorised transport.
The path will also offer opportunities for individuals to
travel for leisure, again encouraging spend in local
businesses along and connected by the route.
6.5.3 Islands There are no adverse impacts.
6.6. Climate Change  Active Travel is the least carbon intensive mode of
travel.  Providing the opportunity for residents and
visitors to consider an alternative to having to use a
private car to travel between these communities will
help lower Argyll and Bute’s carbon footprint.
6.7. Risk There is a reputational risk to the Council if the project
is not completed within a reasonable timeframe.
6.8. Customer
Services  
None. 
Executive Director with the responsibility for Development and Economic
Growth: Kirsty Flanagan

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Policy Lead: Cllr Andrew Kain 
24 November 2023                                                  
For further information contact:  Colin Young   
Strategic Transportation Delivery Officer   
Colin.Young@argyll-bute.gov.uk   
Tel: 01546 604275 
Appendix 1: Helensburgh, Cardross & Dumbarton Cyclepath Programme
Appendix 2: Update on Land Negotiations for Helensburgh, Cardross and
Dumbarton Cyclepath [EXEMPT]