MINUTES of MEETING of OBAN LORN & THE ISLES AREA COMMITTEE held in the CRAIGNURE VILLAGE HALL, CRAIGNURE, ISLE OF MULL on TUESDAY, 21 SEPTEMBER 2010 Present: Councillor Duncan MacIntyre (Chair) Councillor Gordon Chalmers Councillor Mary-Jean Devon Councillor Donald MacDonald Councillor Neil Mackay Councillor Roderick McCuish Councillor Elaine Robertson Also Present: Neil Brown, Network & Environment Manager Mr Euan Warnock, NFU, Objector Mr John MacDonald, Objector Mr James Corbett, Objector Mr David Hooker. Objector Mr Alan Reid, MSP, Objector Ms Jane Menzies, Objector Attending: Kenneth Macdonald, Area Manager – Customer Services Jane Gillies – Area Committee Assistant 1. APOLOGIES Councillor Donald McIntosh 2. INTRODUCTIONS The Chairman welcomed everyone in attendance and invited Members and Officers to introduce themselves. 3. PROCEDURE Mr K Macdonald outlined the procedure for the Hearing and then confirmed the names of those wishing to make representations to the Members as Mr Euan Warnock Mr James Corbett Mr John Macdonald Mr David Hooker Mr Alan Reid Ms Jane Menzies 4. ARGYLL & BUTE COUNCIL (VARIOUS ROADS, ISLE OF MULL) (WEIGHT AND LENGTH RESTRICTIONS) (AMENDMENT) ORDER 20-- The Chairman invited Mr Brown to outline the proposals. Mr Brown intimated that in 1980 a restriction of 13 tonnes was introduced on most of the rural side roads on Mull, based on the total laden weight of the vehicle. This was an increase on the engineers’ original proposal of 8 tonnes as the minor roads on Mull were, at that time, considered to be in such a poor condition. The absence of a weighbridge made it very difficult for the police to enforce these restrictions. This was recognised as a UK-wide problem and the Government intimated that by 2005 Roads Authorities should review all their old laden weight restrictions and replace them where appropriate with Maximum Gross Weight (MGW) Restrictions. This meant that the maximum permitted weight for the vehicle could be readily determined by either the plate on the vehicle or by the configuration of the vehicle. Around 2006, Roads consulted on proposals based on their Engineering Assessment of the strength of the roads. Following this, the proposals were reconsidered and, where few larger vehicles were likely, the provisions were relaxed. A further provision was added whereby the Network & Environment Manager could grant exemptions if requested. The weight restrictions now proposed represent a much more flexible approach than the original suggestions and, with the exemption process, present the best hope for enabling roads to continue to be used in time to come. Mr Warnock, NFU Secretary, representing farmers and crofters, objected to the proposals as he felt that they are inappropriate and onerous, and that an actual weight limit would be fair and appropriate. He felt that the issue of public safety had not been raised previously. He hoped for a fair and measured proposal to protect the roads and provide a network that is fit for purpose to enable communities to survive. Mr J MacDonald, Haulier, said the proposals would have significant economic consequences. He invited the meeting to adjourn to the car park where he had arranged to have 3 varying size/weight vehicles available to advise on the merits and drawbacks of using each of these vehicles on the minor roads. The Members unanimously agreed to so adjourn the meeting. Upon resumption of the meeting Mr J MacDonald said his prime concern was to obey the law and to maintain the viability of his customers businesses. He gave examples of loads / deliveries which he felt had not necessarily caused any damage to the road. He pointed out that refuse collection and the farm are the only reason for large vehicles to use this particular road as it is not a through road. He concluded by saying that everyone has to do what they can to maintain the vibrant businesses which they are fortunate to have on the island. Ms Jane Menzies, resident at Croggan, raised concern about a 13 MGW limit being imposed on her road, which would have the effect of denying access to basic amenities such as oil deliveries and emptying of septic tanks. Mr Corbett, resident farmer in Lochbuie, representing Mull Community Council, Keep Mull Moving and Mull Chamber of Commerce pointed out that there were inconsistencies on the Roads Policy regarding weight limits with U roads having 33, 26, 18 or 13 ton limits, and asked how the proposed limits were justified quoting that the limits are “for avoiding danger to persons using the road” and did not refer to the strength of the road. Some roads like the C46 Glenbellart road have 3 different weight limits on them with nowhere for lorries to turn so they have to break the law by continuing onto the lower weight restricted road. He pointed out that other islands have no restrictions and asked why Mull’s roads are so bad to require to have these restrictions which will have an adverse impact on a fragile island economy. On other Islands like Coll and Tiree there are no weight restrictions, on Iona there are no weight restrictions but the Council have bought a new large lorry so that they can collect all the refuse in one load. If these weight limits are applied they will have a devastatingly adverse impact on the fragile Island economy. Mr J MacDonald referred to a recent meeting with Mr MacTaggart, Executive Director - Development & Infrastructure, at which it was suggested that loads could be managed, i.e. providing the actual weight of the lorry and load did not exceed the weight limit it would be acceptable. This would be welcomed if feasible and resulted in safer roads. Mr J MacDonald felt that this might go a long way to resolving the situation, particularly on 33 and 26 tonne roads, but it would need to be discussed with the various hauliers and a feasible, not too time-consuming and not too bureaucratic plan arrived at and agreed upon. It would not, however, resolve the problem on 18 and 13 tonne roads. In many cases compound feed lorries could adjust their loads but hay lorries and livestock transport lorries may well be just over the 18 tonne limit. Weights would not be known until they were weighed in Oban and it would be totally impractical to off-load anything there. Many farmers are already disadvantaged by £40 to £50 per ton by not being able to have bulk loads brought in and these extra costs cannot be afforded. He added that it is not just farmers that are being penalised, but also the fuel lorry. Mr J MacDonald was unaware of such a category as a 13 tonne lorry, and he questioned how the fuel lorry would cope with a 13 tonne restriction. Mr J MacDonald then referred to the Croggan road (U16) where the Government have installed oil fired central heating to one pensioner and queried whether he is to be allowed oil and suggested that this is a Human Rights Issue. He questioned whether building materials, house removals and road making materials would all be banned on 18 and 13 tonne roads. On the Uisken road (U20)(13 ton), planning permission has been granted, and Mr J MacDonald wondered how these houses would be built, would it be double the haulage cost? He stated that the island economy is far too fragile to sustain these costs. There have been weight restrictions on these roads for years and people have been breaking the law, but have just been following the Council’s example. On the Lochbuie road (C54) for example, it is estimated that over 100 lorry journeys for Council Services, in excess of 18 tonne plated weight, came down to Lochbuie over the last 12 months including forty 32 tonne tar lorries in the space of four days. This is compared to about 20 animal feed or transport lorries, most of which would actually weigh under 18 tonnes, although the plated weight might be 26 tonnes. He said if animal feed and animal transport lorries are disallowed on 18 tonne roads, hauliers cannot be expected to buy smaller lorries just to serve Mull. They will have to deliver the same amount of feeding in smaller loads, thus considering increasing the cost of haulage, creating more traffic and damage to the roads, adding to the carbon footprint and taking a lot more time. It would be prohibitively expensive to move everything by pickup and trailer both in man-hours and the number of loads required. This could well become an animal welfare issue. Mr J MacDonald also highlighted the problem of the bridges on the Lochbuie road, which were built in 1988 to full specification, but the specification has been changed and a limit of 17 tonnes has been put on them. He pointed out that it appeared to be a double standard that Council vehicles, including the forty tar lorries referred to earlier, could use the when other similar non-Council vehicles cannot. He feels that the Council could easily strengthen the bridges Mr J MacDonald then referred to Paragraph 8 on the Order where there are exemptions for the Road Maintenance vehicles, Refuse Collections vehicles, Utility vehicles and Emergency Services. He submitted that there is an obvious and practical solution to these problems - that the fuel lorry, animal transport and feed lorries should be considered essential services, and thus given an exemption. Building material lorries, removal lorries, aggregate lorries should be given a derogation to use the roads without the indemnification called for by the Council in Paragraph 10 of the Order. Without some sort of compromise businesses on the Island will be drastically affected by the adverse impact on the fragile Island economy and the social and economic consequences of this order.