SAK/S2/03/4/A STIRLING-ALLOA-KINCARDINE RAILWAY and LINKED IMPROVEMENTS BILL COMMITTEE AGENDA 4Th Meeting, 2003 (Session 2) Mond

SAK/S2/03/4/A

STIRLING-ALLOA-KINCARDINE RAILWAY AND LINKED IMPROVEMENTS BILL COMMITTEE

AGENDA

4th Meeting, 2003 (Session 2)

Monday 10 November 2003

The Committee will meet at 11.15 am in Alloa Town Hall, Alloa.

1. Item in Private: The Committee will consider whether to take item 3 in private and whether to consider a draft report on the Bill at Preliminary Stage in private.

2. Stirling-Alloa-Kincardine Railway and Linked Improvements Bill: The Committee will take evidence on the Bill at Preliminary Stage from—

David Connolly, MVA, Deputy Director Scotland and Northern Ireland Keir Bloomer, Chief Executive, Clackmannanshire Council Nicol Stephen MSP, Minister for Transport, Scottish Executive Damian Sharp, Scottish Executive Transport Division Graham Bisset John Dick, Kincardine Railway Concern Group Isabel Marshall, Kincardine Railway Concern Group Nigel Hackett, Associate, Scott Wilson Scotland Ltd Jim Miller, Associate, Ironside Farrar Stuart Coventry, Director, Scott Wilson Ltd Mike Shepherd, Area Officer Tayside & Clackmannanshire, Scottish Natural Heritage Alan Bell, Area Officer Argyll & Stirling, Scottish Natural Heritage David Leven, Special Projects Manager, Historic Scotland Lily Linge, Strategic Planning Manager, Historic Scotland John Barber, Senior Consultant, AOC Archaeology Group

SAK/S2/03/4/A

Sue Bell, Senior Ecologist, Scott Wilson Ltd Calum Waddell, Environment Protection Officer, Scottish Environment Protection Agency Sean Caswell, Planning Liaison, Scottish Environment Protection Agency Andy Wilson, Asset Planner, Scottish Water Chris Manning, Project Director, ARUP Ali Maneylaws, Senior Consultant, Scott Wilson Ltd Paul Shields, Senior Consultant, Scott Wilson Ltd Alex Deans, Principal Transportation Planner, Clackmannanshire Council.

3. Stirling-Alloa-Kincardine Railway and Linked Improvements Bill: The Committee will consider the possible contents of its Preliminary Stage report on the Bill.

Callum Thomson Clerk to the Committee Room G7, Committee Chambers [email protected]

SAK/S2/03/4/A

The following papers are attached for this meeting—

Agenda item 2 Written evidence from the Scottish Executive on need for railway SAK/S2/03/4/1 and associated works and funding

Written evidence from Graham Bisset on consideration of SAK/S2/03/4/2 objection

Written evidence from Kincardine Railway Concern Group on SAK/S2/03/4/3 consideration of objection

Written evidence from promoter on the Environmental Statement SAK/S2/03/4/4

Written evidence from Historic Scotland on the Environmental SAK/S2/03/4/5 Statement

Written evidence from Scottish Natural Heritage on the SAK/S2/03/4/6 Environmental Statement

Written evidence from the Scottish Environment Protection SAK/S2/03/4/7 Agency on the Environmental Statement

Written evidence from Scottish Water on the Environmental SAK/S2/03/4/8 Statement

Written evidence from ARUP on noise and vibration elements of SAK/S2/03/4/9 Environmental Statement

Written evidence from MVA on need for railway and associated SAK/S2/03/4/10 works

Written evidence from promoter on need for railway and SAK/S2/03/4/11 associated works

Written evidence from promoter on scope of the Bill SAK/S2/03/4/12

Written evidence from Strategic Rail Authority on need for railway SAK/S2/03/4/13 and associated works

Written evidence from Scottish Enterprise on need for railway and Private paper associated works

Agenda item 1 SAK/S2/03/4/1 Stirling-Alloa-Kincardine Railway Bill Committee

10 November 2003

STIRLING-ALLOA-KINCARDINE RAILWAY AND LINKED IMPROVEMENTS BILL COMMITTEE

PRELIMINARY STAGE

WRITTEN EVIDENCE FROM SCOTTISH EXECUTIVE

1.0 Introduction:

1.1 This memorandum responds to the invitation by the Stirling – Alloa – Kincardine & Linked Improvements Bill Committee to give comments on the Bill.

1.2 The statement covers the national transport policy framework within which Clackmannanshire Council is promoting the Stirling – Alloa – Kincardine railway and the reasons for the Scottish Executive’s support of the Stirling – Alloa – Kincardine railway.

2.0 The National Transport Policy Framework

2.1 The Transport Delivery Report, Scotland’s Transport: Delivering Improvements, published in March 2002, set out the Executive’s strategic vision for transport over the next ten years and beyond. This report highlighted the key transport challenges facing Scotland: tackling urban and inter-urban congestion, improving accessibility and integration, and completing vital missing links in the transport infrastructure. Building Better Transport, published in March 2003, provided an update on progress across the range of transport projects with regard to: economic growth, greater accessibility, better integration, new ways of working and future developments.

2.2 The Partnership Agreement, A Partnership for a Better Scotland, signed in May 2003 sets out the national priorities for transport for the second term of the Scottish Parliament. It highlights the importance of transport to a thriving economy and strong communities. In A Partnership for a Better Scotland the Executive committed itself to putting in place an integrated transport system that gets goods to market quickly and efficiently, and gets people to work safely and on time. We must connect the whole country and be connected to the rest of the world. Our aim is an accessible Scotland, with a modern, safe, efficient and sustainable transport system

2.3 Car traffic growth and congestion threaten not only our economy but also the environment and public health. Traffic is predicted to grow by 27% over the next 20 years unless additional measures are taken to shift many existing and new journeys to public transport. Global climate change has to be addressed now if we are to avoid serious difficulties in future decades. We must reduce our dependency on hydrocarbons.

2.4 Cars will continue to play a role in our transport system, especially in rural areas. But we need to expand practical public transport alternatives.

2.5 I am particularly committed to getting freight off our roads and we have removed over 23 million lorry miles from the roads through Scottish Executive supported investment in new freight infrastructure. It is equally important to continue to support projects which will keep freight travelling by rail and which will offer the potential for further shift from road to rail such as the Stirling – Alloa – Kincardine rail project.

2.6 National Planning Policy Guideline (NPPG) 17 Transport and Planning provides the strategic planning overview on nationally relevant major transport proposals. Key to this NPPG is placing sustainable development at the heart of any proposal through providing the most sustainable way to serve transport needs and meet broader policy objectives in the fields of health, education, economic development and social inclusion. The Scottish Executive is therefore strongly supportive of projects that open up new opportunities for individuals by providing better access to work, educational and leisure opportunities – especially when that access does not depend on having access to a car.

2.7 In our Directions and Guidance to the Strategic Rail Authority for the new passenger rail franchise that is currently being let the Scottish Ministers made it clear that improved reliability is one of the key features we are seeking from the next franchise holder whoever that may be. This reflects the public response to our extensive consultation on priorities for passenger rail services in Scotland. To tackle reliability we must work with the rail industry on a number of key issues including more efficient use of key stretches of rail infrastructure such as the Edinburgh & Glasgow rail line and the Forth Rail Bridge.

2.8 The proposed reopening of the Stirling-Alloa-Kincardine railway sits well with these overall National transport policy objectives. It is an example of integrated transport: it would connect the people of Alloa to the rail network, it would keep freight off the roads and divert freight trains away from the Forth Rail Bridge, allowing for greater passenger services between Edinburgh and Fife.

3.0 Scottish Executive support for the Stirling – Alloa – Kincardine railway

3.1 The Scottish Executive supports the reopening of the Stirling – Alloa – Kincardine railway because it sits well with national transport policies. It would improve the accessibility of the Alloa area; it would support sustainable transport of coal by rail; and it would free up additional paths on the Forth rail bridge to allow additional passenger services between Fife and Edinburgh thus encouraging modal shift at points where the regional and national road networks are particularly congested, especially at the Forth Road Bridge.

3.2 The Steering Group for the project comprising Clackmannanshire Council, Fife Council, Stirling Council, Scottish Enterprise Forth Valley, the Strategic Rail Authority and the Scottish Executive commissioned an appraisal of the project in line with the Scottish Transport Appraisal Guidance. That initial appraisal, which has subsequently been updated to reflect revised information about the likely capital cost and volumes of coal that might be transported to Longannet Power Station, demonstrated a robustly positive business case with significant economic, accessibility and environmental benefits.

3.3 On this basis I announced in June 2003 that the Scottish Executive would provide the full £30m sought in the Promoter’s statement of funding and expense, provided of course that the Parliament passes the Stirling – Alloa – Kincardine Railway and Linked Improvements Bill and that the project continues to demonstrate strong value for money.

3.4 This builds on the Scottish Executive’s earlier commitment to the project which was announced by then Minister for Transport and Planning, Sarah Boyack MSP on 9 November 2000. That original award of £6.5m from the Public Transport Fund (PTF) has been superseded by my later announcement although part of that PTF award has been used to support the development of the project to this point.

3.5 The Scottish Executive is strongly supportive of the principles of reopening the Stirling – Alloa – Kincardine railway because of the potential benefits to the national rail network, to reducing congestion on the regional and national roads networks and to the local people of Alloa and the adjacent towns.

3.6 The Scottish Executive, however, has taken a neutral position in relation to the exact route and specification of the railway. These are matters of detail best tackled by the Promoter in its appraisal of the options for the project and considered by the Stirling – Alloa – Kincardine Railway & Linked Improvements Bill Committee.

Agenda item 1 SAK/S2/03/4/2 Stirling-Alloa-Kincardine Railway Bill Committee

10 November 2003

STIRLING-ALLOA-KINCARDINE RAILWAY AND LINKED IMPROVEMENTS BILL COMMITTEE

PRELIMINARY STAGE

WRITTEN EVIDENCE FROM GRAHAM BISSET

Introduction

The Bill Committee has decided to take evidence in respect of my objection because my property is located beyond the end of the re-opening scheme. My property is located near to the existing operational railway between Kincardine Power Station and Longannet Power Station. While the promoter intends to upgrade the existing operational railway, it contends that the works for these improvements can be done using existing statutory powers and permitted development rights.

Response

1. The Environmental Impact Assessment (Scotland) Regulations 1999 implement Council Directive No. 85/337/EEC. The Presiding Officer of the Scottish Parliament has determined under Rule 9A.2.3(c)(iii) of the Standing Orders that the information that requires to be set out in any Environmental Statement that accompanies a Private Bill on introduction is all of the information set out in Schedule 4 to the Environmental Impact Assessment (Scotland) Regulations 1999 (SI 1999/1).

2. Section 4 of Schedule 1 of the Environmental Impact Assessment (Scotland) Regulations 1999 identifies the following for inclusion: “the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the development, resulting from: (a) the existence of the development; (b) the use of natural resources; (c) the emission of pollutants, the creation of nuisances and the elimination of waste”

3. In the context of the Environmental Impact Assessment (Scotland) Regulations 1999 (SI 1999/1), section 8 confirms that: (a) “...... public must be given an opportunity to give their views about the project and the Environmental Statement”, and (b) “...... that the Environmental Statement together with any other information, comments and representations must be taken into account by the competent authority in deciding whether or not to give consent for the development.”

The Private Bill process recognises that the public may pose objections to the Bill, and it is for the Bill Committee to take account of such objections. I would contend that in its development, the Bill should reflect such objections by with-holding powers (including operational powers), or by restricting them as required to take account of the Environmental Impact Assessment and related consultation. The Environmental Statement is not reflected by the proposed Bill.

4. I object to the proposed Bill on the basis of its direct impact. I am mobile, and my activities and enjoyment of the environment in which I live are not restricted to the immediate area around my home. I frequently traverse areas which are closer to the route of the proposed re-opened railway. The proposed railway will be directly responsible for causing nuisance and angst during its construction and operation. That will detract significantly from the environment and amenity of Kincardine and the surrounding area.

5. I object to the proposed bill on the basis of its indirect and secondary impacts. The re-opening of the line will have the effect of turning the existing dead-end line into a through route. This will enable and encourage a significantly increased flow of rail traffic to traverse the exiting operational railway between the former Kincardine and Longannet power stations. The operation of the proposed re-opened railway will have the indirect effect of significantly increasing the environmental damage caused to those parts of Kincardine which adjoin the exiting operational railway.

6. At present, the existing operational railway is generally used by no more than one train per day. There are many days when it is not used. The railway runs from Longannet power station to the site of the former Kincardine power station where there are sidings. The railway goes no further. The site of the former Kincardine power station is used for small-scale stock-piling of coal. The majority of coal for Longannet is stockpiled within the main Longannet complex. At present, there can be little commercial value in moving coal from Longannet to Kincardine, then back again. Commercial considerations effectively cap the operational use of the existing railway at or about the current level. It is understood that construction works on the existing line are within the existing powers of Network Rail. However, my objections as the relate to the existing railway arise out of its operation, and the significant increase in traffic which will occur as a consequence of the re-opened line.

7. An indirect impact of re-opening the Stirling - Kincardine railway will be the change in use of the existing railway. While it might continue as a route to the former Kincardine power station site, it will also be used to provide access and egress to the proposed re-opened line. It is therefore likely to be used to carry substantially all of the new freight traffic that the promoter proposes should be diverted to the re-opened Stirling - Kincardine railway. This traffic will be significantly more frequent and consist of significantly heavier trains than those currently using the existing line. The direct effect of re-opening the railway will be to enable trains to operate on it. In order to get to and from such a re-opened railway, trains would be compelled to use the existing railway. In the operation of the proposed re-opened railway, significantly more nuisance and environmental harm will be indirectly caused to the area of Kincardine adjoining the existing railway. Contrary to what is indicated in Figure 3.1 (4 of 4) of volume 2 of the promoter’s environmental statement, this is a residential, and not a commercial area.

8. For the reasons stated above, the Bill committee and the Environmental Statement should take full account of my objections.

Further Unrelated Considerations

9. I note with great concern paragraph 18 of the Promoter’s written evidence on the scope of the Bill presented to the Bill committee meeting on 27th October 2003. It appears from this that the promoter would further seek to restrict access from Kincardine to its foreshore. As a former shipbuilding, trading and fishing centre, the village’s has strong historic and cultural links to the River Forth and the North Sea. The village has traditionally had access to the river by the High Pier to the east of Kincardine Bridge, and by direct routes to the former ferry slipway which lies to the west of the bridge. This access preceded the construction of the existing railway. For reasons which are not completely clear to me, the access to the High Pier has been curtailed. If access by the Station Road level crossing is also curtailed this will effectively separate the village from a significant cultural and recreational resource. I don’t believe that this aspect of the proposal was made clear in the initial environmental statement.

10. From reviewing recently supplied written evidence, it is apparent that significant expenditure has been committed in the expectation that the proposal will go ahead. Examples include the Scottish Power contract with Clydeport, orders placed for rolling stock, and the ongoing design works. Such decisions are taken with the risk that the scheme may not proceed. By incurring such costs, the incremental costs of proceeding with the scheme are reduced, and the costs of abandonment are increased. It is to be expected that such pressure will not influence the judgement of the Bill Committee.

11. In paragraph 12 of the Promoter’s written evidence on alternatives (non- rail and alternative rail routes) to be presented to the Bill committee on 3rd November, it is stated that the choice of delivery port for imported coal is a commercial matter for ScottishPower. It is not clear the extent to which the guiding principles of environmental sustainability have been applied. It is understood that Hunterston is used to land coal from Poland as well as from South America. It seems surprising that coal from Poland should not be shipped on smaller vessels by the significantly shorter route to an east coast facility such as Rosyth, and so virtually eliminate the rail requirement. As marine transport is generally more efficient and cost effective than rail, I would speculate that the contract for the exclusive use of Hunterston to land imported coal effectively compromises environmental and sustainability considerations.

12. In relation to a total of some 13,000 vehicles using Kincardine Bridge each day, the impact of removing 200 coal lorries would be negligible. The completion of the new Eastern relief road with which Babtie are also involved is expected to relieve the current pressure on Kincardine, but seems to have been over-looked in much of the evidence.

Agenda item 1 SAK/S2/03/4/3

Stirling-Alloa-Kincardine Railway Bill Committee

10 November 2003

STIRLING-ALLOA-KINCARDINE RAILWAY AND LINKED IMPROVEMENTS BILL COMMITTEE

PRELIMINARY STAGE

WRITTEN EVIDENCE FROM KINCARDINE RAILWAY CONCERN GROUP

Whist accepting that in law, the railway line that runs parallel to our homes in Ochilview, Kincardine, is deemed to be operational, and, therefore, is not subject to the above Bill, our objection is based on the belief that the project must be examined as a whole.

The linking of the existing operational line together with the proposed new line would mean that trains using the operational rail line will no longer be restricted by its termination at the old Kincardine Power Station and that the linking would open it to faster, heavier and more frequent traffic. At present, coal train journeys from Kincardine Power Station to Longannet Power Station average less than one-a-day. If the Bill was implemented, these journeys would increase from one to fifteen double train journeys per day and this will have serious consequences for the residents of Ochilview, some of which we list below:

(1) Safety The increase in rail traffic would increase the risk of de-railment and with our homes being so close to the line (see attached sketch) the consequences could be horrendous.

(2) Airborne pollution The more frequent use of the line could result in an increase in airborne pollution from exhaust fumes and dust from the cargo being carried.

(3) Noise and vibration Again, due to the changes, noise and vibration experienced at the moment by the residents would increase.

(4) Night-time traffic Through-the-night rail traffic would have a serious effect on the sleeping patterns of the residents of Ochilview.

(5) Physical intrusion The sheer physical size of the trains in such close proximity to our homes would have a detrimental effect on our ability to enjoy the recreational aspects of our homes, i.e. our gardens.

I hope our legitimate concerns can be more fully explained when we meet with the Committee on Monday 10 November.

John Dick For and on behalf of the Kincardine Railway Concern Group

Agenda item 1 SAK/S2/03/4/4 Stirling-Alloa-Kincardine Railway Bill Committee

10 November 2003

STIRLING-ALLOA-KINCARDINE RAILWAY AND LINKED IMPROVEMENTS BILL COMMITTEE

PRELIMINARY STAGE

WRITTEN EVIDENCE FROM THE PROMOTER

Introduction

1 The purpose of this memorandum is to provide additional information to the Stirling-Alloa-Kincardine Railway and Linked Improvements Bill Committee on the theme of the Environmental Statement.

Approach

2 Paragraph 3 of Part 1 Schedule 4 of The Environmental Impact Assessment (Scotland) Regulations 1999 (Regulations) requires the Environmental Statement to describe those aspects of the environment likely to be significantly affected by the scheme including population, fauna, flora, soil, water, air, climatic factors, material assets including the architectural heritage, landscape and the interrelationship between these factors. The Environmental Statement is compliant with this requirement.

3 Paragraph 4 of Part 1 Schedule 4 of the Regulations requires the Environmental Statement to describe the likely significant effects of the scheme on the environment including the direct and indirect, secondary and cumulative, short and medium and long-term, permanents and temporary, positive and negative effects of the scheme resulting form the existence of the scheme, use of natural resources and the emission of pollutants, creation of nuisances and the description of the forecasting methods used to assess the effects on the environment.

4 There is however no definition in the Regulations of the meaning of the terms “likely to be significantly affected” or “likely significant effects”. In the context of the Environmental Statement the Promoter has, in compliance with the Regulations, assessed in considerable detail those effects, which are of importance and/or worthy of consideration. The Promoter has identified and evaluated those effects on the basis of accepted best practice, national guidance and expert opinion and where relevant on the guidance of statutory consultees and relevant professional bodies. It has also taken into account, in assessing the significance, the mitigation measures referred to below.

5 An impact which, in isolation or in combination with others, should in the judgement of the environmental assessment team, be taken into account in the decision making process, including the identification of mitigation. For each topic the magnitude of an impact is quantified and then assigned a value of negligible, slight, moderate or severe. The importance of the receptor has also been assessed for specific topics where this was considered necessary and assigned a value of negligible, low, medium or high.

6 The Promoter’s approach to the environmental impact assessment (as detailed in Chapter 4 of Volume 1 of the Environmental Statement) also draws on experience from other similar projects. The significance of an impact (or effect) has been determined by combining the impact magnitude and receptor importance using a matrix approach. The descriptors that have been used are defined in the Environmental Statement1.

7 The effects of the scheme, which are anticipated by the Promoter to be significant for the purpose of the Regulations, are to be found in the revised Table 5.1 (see Appendix A), which contains a summary of residual effects after mitigation.

8 An explanation of the approach that has been used to assess the significance of the impacts in relation to each relevant chapter is attached to this memorandum as Appendix B.

9 The approach taken by the Promoter in assessing the magnitude of particular impacts has followed guidance contained in Planning Advice Note 582 at paragraph 50. That states that the methods for predicting environmental effects and their magnitude are specific to the environmental topic and are a matter for expert consultants. It states that for some topics there will be qualitative techniques and for other topics there will be quantitative techniques. With regard to the chapter on agriculture in Volume 2 the approach taken to assessing magnitude is derived from the Design Manual for Roads and Bridges (DMRB). DMRB provides guidance on the appropriate level of land take of prime agricultural land anticipated, that would require consultation – greater than 2 Hectares requires consultation with the Scottish Executive Rural Affairs Department in Scotland, while greater than 20 Hectares requires consultation with the Department of Rural Affairs in England and Wales. These figures were used as the upper and lower bounds to define the range of minor to severe impact in relation to potential land take.

1 For example refer to Table 3.4 of Volume 2 of the Environment Statement. 2 Planning Advice Note 58 Environmental Impact Assessment, Scottish Executive, September 1999

Ancillary Works

10 The purpose of environmental assessment is to identify actual or potential environmental effects to which a project gives rise. Environmental effects fall into a number of categories arising from various aspects of any project. The aspects of the project that informed the environmental assessment in this case are identified in paragraphs 16 to 47 below. These aspects were all looked at in relation to the project i.e. the thing assessed was the physical project made up of the various works and powers in the Bill and which will result from the Bill being passed.

11 A question has been asked about the environmental assessment of the ancillary works that would be authorised by section 1(1)(c) of, and schedule 3 to, the Bill, and particularly the treatment of the works that would be authorised by the general power in paragraph 13 of schedule 3. Paul Irving (John Kennedy & Co) referred to this in his evidence to the Committee on 27 October (col. 7).

12 The Promoter can confirm that those carrying out the environmental assessment identified every element of the project that they considered would or might give rise to an environmental effect that would or might be significant. Each such element was assessed.

13 In identifying the relevant elements of the project those carrying out the assessment looked at the works as a whole based on the assessors’ knowledge and understanding of the scheme proposals. A judgement as to whether something might give rise to a significant environmental effect was based on what that thing was and what effects it might have. For this purpose the way in which something is proposed to be authorised in the Bill – whether as a specific numbered work or as an ancillary work – is irrelevant and was not known to those carrying out the environmental assessment.

14 It was recognised that there would inevitably be a need for ancillary works that cannot be specifically identified at this stage. However, those carrying out the environmental assessment were satisfied that they had identified everything that can be identified as a necessary part of the project and which is likely to give rise to significant environmental effects.

15 The treatment of works as either numbered or ancillary works is a legal issue related to promotion of the Bill works. The Promoter can provide further clarification of the treatment of works, if required.

Mitigation

16 The Promoter notes that in Table 5.1 of Volume 1 of the Environmental Statement the column heading “Summary of effects after mitigation” should have been defined as “Summary of the residual effects after mitigation”. A revised Table 5.1, with additional information about residual effects can be found in Appendix A. Each technical chapter within Volume 2 of the ES presents the impacts assessed, the mitigation proposed and a summary of the identified effects. These should be read to supplement Table 5.1 in Volume 1, which presents only a summary of impacts for each location on the scheme.

Cultural Heritage

17 Chapter 8 (Landscape and Visual Effects) in Volume 2 of the Environmental Statement considers the overall landscape and visual setting of the 'whole' scheme. Chapter 5 (Cultural Heritage) in Volume 2 of the Environmental Statement, however, considers the archaeological or cultural heritage sensitivity of 'specific' sites, buildings and monuments. Chapter 5 provides a specific assessment of these features and their settings. The 'setting' of these features, for example listed buildings and scheduled ancient monuments, is how the feature relates to the wider landscape. This is an integral component of the physical, historical and visual importance of the feature.

Listed Buildings and Conservation Areas

18 The Promoter has considered sections 14(2) and 59(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c.9) in the context of Listed Buildings which may be adversely affected by the Scheme. These Sections require that special regard be had to the desirability of preserving Listed Buildings and their settings.

19 All Listed Buildings located within 200 m of the railway have been considered in the environmental impact assessment. The Environmental Statement highlights instances in which Listed Buildings would be physically or visually impacted upon by the Bill works.3 Appropriate mitigation measures have also been suggested to reduce these impacts and encourage preservation of the Listed Buildings and their settings4.

3 Refer to Sections 5.4.2, 5.5.1 and 5.5.2 of Volume 2 of the Environmental Statement 4 Refer to Section 5.6 of Volume 2 of the Environmental Statement

20 The only Listed Buildings to be demolished are semaphore signals. In order to provide for the additional signals required for the railway to be authorised by the Bill existing signals have to be moved. This amounts to demolition for the purposes of the Listed Buildings controls. Although the type of equipment that is to be removed is currently in use in Stirling Station and elsewhere, it cannot be re-used within the route re-opening project. This is because the existing signals use a lattice framework which is up to 90 years old, and which cannot be used as part of the new signals in compliance with the requirements of Her Majesty’s Railway Inspectorate. These works are necessary in the interest of safety and this outweighs the presumption in favour of preservation of the Listed Buildings as set out in the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c.9). Without the replacement of the current signals with signals that comply with current requirements the railway will not be approved as part of a railway network for which an operating licence can be granted.

21 Further details of the affected Listed Buildings can be found in the Table in schedule 10 of the Bill and the Explanatory Notes paragraphs 200 to 210.

Ecology

22 Further survey work is advised by the Environmental Statement to confirm the presence or otherwise of badgers, bats5, otters and great crested newts6 and 7. While surveys were undertaken of these species to inform the Environmental Statement, additional surveys will be required prior to construction, as the animals are known to move location. The additional surveys will ensure that conditions have not changed from those reported prior to scheme commencement.

The Habitats Directive

23 The River Teith candidate Special Area of Conservation (cSAC) extends into the River Forth, and the eastern boundary of the cSAC site lies 50 m upstream of the Forth Viaduct just outside Stirling Station. As the river is tidal the cSAC is potentially vulnerable to activities carried out downstream.

5 Bat Survey Report, Scott Wilson (Scotland) Ltd, September 2003 6 Refer to paragraph 9.6.1 of Volume 2 of the Environmental Statement 7 Great Crested Newt Survey Report, Scott Wilson (Scotland) Ltd, June 2003

24 The requirements of the Habitats Directive as enacted by the Conservation (Natural Habitat, & c) Regulations mean that effects of developments upon SACs (and cSACs), must be considered even when these developments take place outside the boundary of the site.

25 The River Teith cSAC has been designated for its fish populations (mainly the lamprey species). Effects arising from spillages or run off during construction or maintenance work on the Forth Viaduct could reach the cSAC if spilt during a rising tide. However the Promoter considers this to be very unlikely if good construction techniques are followed such as those detailed by the Scottish Environment Protect Agency8.

26 Work will be required to the bridge supports of the viaduct and temporary coffer-dams may need to be built around each support to allow the works to proceed. These dams could lead to local and temporary changes in the sedimentation pattern. The impacts of these works have been assessed as slight to moderate in scale and are of minor to moderate significance. They are not expected to affect the area of the cSAC.

27 The routine operation of the line is likely to have limited effects on the water quality in the River Forth. As such, the likely effects upon the features of interest in the site (lampreys) are considered to be negligible in scale. Effects associated with routine maintenance operations (such as re-painting) will be similar to those relating to the construction phase.

28 There is a small potential risk to the water quality of the River Forth under accident conditions e.g. if there were a discharge of fuel or chemicals from a train using the Forth Viaduct. However, the risk is not likely to be greater than the existing risk of a similar pollution incident on one of the road bridges across the SAC. Such impacts are likely to be localised (to within the tidal portion of the cSAC) and for this reason the magnitude of impact has been assessed as slight to moderate and of moderate significance.

29 In summary it is not considered that the scheme is likely to cause significant effects on the cSAC. It is the Promoter’s view that further assessment is not required. This is inline with the Habitats Directive which requires only that an appropriate assessment is undertaken regarding the likelihood of there being significant effects on a site.

8 Scottish Environment Protect Agency, Planning Policy Guidance Number 5 – Works in, Near or Liable to Affect Watercources.

Noise and Vibration

30 The assumptions made about type and weight of the trains which underpin the data used in the Environmental Statement for speed, noise, vibration, air quality and safety are as follows;

x Passenger trains: 6-car (peak) / 3-car (off-peak) class 170 turbostar diesel multiple units, weight 23 tonnes.

x Freight trains: Class 66 Diesel Locomotive: with 19 Type HTA 102 tonne Bogie-wagon, weight 27 tonnes (tare), 102 tonnes (loaded).

31 Section 2.4.3, Volume 1 of the Environmental Statement describes the design speed of the railway as being 112km/hr (70m/hr) for passenger trains and 96km/hr (60m/hr) for freight trains. A detailed speed profile, which states the speed restriction locations for the proposed scheme, is also described in this section9.

32 Calculation of railway operational noise levels was made in accordance with the procedure given in Calculation of Railway Noise10, and was based on the freight train characteristics given above.

33 Railway operational vibration levels have been estimated from measurements on freight trains at other sites (identical locomotive type and wagon type to those given above) and by making adjustments for differences in speed and number of wagons per train between those sites and the proposed scheme.

34 Regarding air quality, calculations have been based on the proposed passenger service between Stirling and Alloa, the proposed transfer of the freight route from Ayrshire via Stirling to Longannet, and the continued use of the freight route from Fife and between Kincardine and Longannet Power Stations.

35 Safety impacts of the Railway operation were not assessed specifically in the Environmental Statement11.

9 Refer to Table 2.6 of Volume 3 of the Environmental Statement. 10 Calculation of Railway Noise, Department of Transport, 1995 11 Further information is available on request.

Water Resources.

36 The Environmental Statement assessed the potential for there to be private water supplies affected by the project. As such, a review was undertaken of the presence of private abstractions in the area. Scottish Water and Scottish Environmental Protection Agency indicated that private water supplies and groundwater abstractions were not of concern in the area. Both of these organisations were consulted as Statutory Consultees12.

37 There are two private water supplies known to the Promoter both of which relate to surface water abstractions for the QUEST International Ltd malt factory at Menstrie. One abstraction comes from a loch in the Ochil Hills, and the other from the Peppermill Dam near Kilbagie. The Environmental Statement confirmed that the railway works would not affect the abstraction for QUEST International Ltd however the Promoter has noted that during the construction stage of the project care should be taken so as not to damage the supply pipe for the LPC Paper Mill (which crosses the railway).

38 The Environmental Statement also states that there does not appear to be significant ground water resources within the corridor of the scheme. This assessment has been made using the Hydrogeological Map of Scotland13 and the Groundwater Vulnerability Map of Scotland14. It was noted that some of the deposits might contain “locally important aquifers”, which are typically important for supplying base flow to rivers. However, no known ground water abstractions in this area have been noted. Additionally since there is no licensing system in Scotland for groundwater abstractions it is possible that there are other private abstractions in the area. However, none have been made known to the Promoter to date.

39 The water resources assessment has concluded that there would not be significant impacts on abstractions since the works would have limited effects on groundwater and surface water and any potential effects on abstraction could be avoided by mitigation.

12 Refer to the Promoter’s Compensation and Consultation Memorandum submitted to the Parliament on 27 October 2003. 13 Hydrogeological Map of Scotland, British Geological Society, 1988 14 Groundwater Vulnerability Map of Scotland, British Geological Society, 1995

Traffic and Transport

40 The Promoter accepts that the methodology used for assessing the Traffic and Transport topic does not wholly conform to the general methodology of assessment described in paragraph 4.2 of Volume 1 of the Environmental Statement, except in relation to level crossings. At the time the Environmental Statement was prepared, no modelling capability was available to fully assess the impacts of the re-opening of the railway and its potential effects on the road network. The Promoter would confirm, however, that since the Environmental Statement, the full range of significant traffic and transport impacts of the Bill works have been assessed using the Alloa Traffic Model, which is derived from the Central Scotland Transport Model (CSTM3), as amended for the detailed analysis of Alloa Town Centre.

41 Other Traffic and Transport impacts such as those effects on the local road network were assessed through consultation with stakeholders as detailed in paragraph 13.3 of Volume 2 of the Environmental Statement, in addition to the CSTM3 analysis referred to above.

42 Within the level crossing effects assessment as detailed in Table 13.3 of Volume 2 of the Environmental Statement there is a misuse of terminology. The assessment of the Waterside Level Crossing to be retained and upgraded should have a significance of impact “negligible adverse” and not “slight adverse”.

Modal Shift

43 Paragraph 13.5.2 of Volume 2 of the Environmental Statement states that the operation of the railway may reduce the number of lorries supplying coal to Longannet Power Station by up to approximately 416 per day if the coal was instead transported by rail. It is accepted that the current coal- truck traffic pattern through Kincardine village and its environs is likely to change over the next few years, regardless of the Stirling - Alloa - Kincardine railway route re-opening project. This would mean the local benefits to the community of Kincardine from modal shift, from road-based lorries to rail, could be negligible, as the majority of the benefits are achieved by other projects such as the Upper Forth Crossing at Kincardine and the Kincardine Eastern Link Road. The Environmental Statement and the benefit study15 were carried out on this conservative basis, effectively ignoring the potential benefits as they were not considered significant and cannot necessarily be directly attributed to the Bill works.

15 Stirling - Alloa - Kincardine Rail Line Reopening Benefit Study Final Report, MVA, February 2002

44 The Promoter considers that the Environmental Statement has assessed the impact of construction and operation of the re-opened railway on adjoining and neighbouring communities and balanced it against the alleviation of the current effects of coal-truck traffic.

45 Passenger modal shift numbers have been extracted from the Central Scotland Transport Model version 3 (CSTM3) (refer to MVA report). The CSTM3 is the Scottish Executive’s multi-modal model of the transport network in Central Scotland. The model has been independently audited and is reported as being particularly robust for assessing transport schemes located between Edinburgh, Stirling and Glasgow. The model estimates demand for 250 passenger trips per day, though it should be noted that the latest census statistics report that 268 people in Alloa use the train every day.

Parking Facilities

46 A minimum of 50 parking spaces, including a number of disabled car parking spaces, is to be provided at Alloa Station. The number of spaces is based on a percentage of the predicted number of passengers (250 per day) who will use their car to access the station, modified by certain assumptions and local data. Car ownership in Alloa and Clackmannanshire is generally low and the station is located within easy walking distance of a significant number of housing developments, and the bus station. It is generally accepted that people will walk up to 400 metres to access a station facility before it is perceived as being beyond walking distance. In addition to the parking proposed as part of the Bill works, further parking is available across the road at the Co-op retail development, also within easy walking distance of the station.

47 The Promoter owns additional land adjacent to the railway on the north side of the line. It is anticipated that this land could be utilised in future years if additional car parking were required.

Appendix A

Environmental Topic Assessment Thresholds

B109402: SAK Bill Stage – Environmental Topic Assessment Thresholds

29 October 2003 Section 4.2 of Volume 1 of the Environmental Statement describes the approach to defining the significance of impact as follows; Unless stated as different in each environmental topic chapter, a consistent approach has been used throughout the Environmental Statement to describe the ‘magnitude of impact’ based on criteria comprising ‘Severe’ (an acute change to the environment), ‘Moderate’ (a moderate change to the environment), ‘Slight’ (a small change to the environment) and ‘Negligible’ (a negligible change to the environment). In addition, ‘Substantial’ (a significant implication for the environment), ‘Moderate’ (an implication for the environment), ‘Minor’ (a limited implication for the environment) and ‘Negligible’ (an insignificant implication for the environment) was used to describe the ‘significance of impact’.

Environmental Topic Source Adopted in Environmental Statement for Explanation of Environmental Statement Approach to Magnitude, Importance and Significance Impact Threshold Assessment Thresholds The planning policy assessment was based on the The scaling of the magnitude of effect was determined using Planning Policy methodology given in the Design Manual for Roads and professional experience and guidance contained within Bridges (DMRB) Volume 11, Section 3 (Part 12). Since no relevant Best Practice, including Planning Advice Note 58. (Volume 2, Chapter 2) thresholds are provided in this methodology it was necessary Compliance or conflict with policy is defined and scaled as to define thresholds to enable the assessment of this topic to negligible, slight, moderate or significant. be undertaken.

Environmental Topic Source Adopted in Environmental Statement for Explanation of Environmental Statement Approach to Magnitude, Importance and Significance Impact Threshold Assessment Thresholds Land Use The land use assessment was based on the methodology A stand-alone scale for both magnitude and importance of (Volume 2, Chapter 3) given in DMRB Volume 11, Section 3 (Part 6). Since no effects was developed specifically for this topic and is thresholds are provided in this methodology it was necessary described in Volume 2, Chapter 3 of the Environmental to define thresholds to enable the assessment of this topic to Statement. This threshold was based on professional be undertaken. experience and Best Practice documentation, including Planning Advice Note 58. The generic methodology was based on Planning Advice Note The magnitude of an effect is shown in Table 3.4 of Volume 2 58, Para. 50, which states; as the relationship between the magnitude of the amount of ‘Methods for predicting environmental effects and their land taken (defined in Table 3.2) and the importance of that magnitude are specific to the environmental topic and are a land (Table 3.3). Table 3.4 presents four levels of effect, matter for expert consultants. For some topics there will be negligible, minor, moderate and substantial. qualitative techniques (e.g. landscape assessment, photomontage), which rely on previous experience and Table 3.10 summarises the assessment. knowledge about the consequences of a given action. For other topics there will be quantitative techniques, which usually seek to model the natural environment and calculate the effects of the change due to the project (e.g. the dispersal patterns and dilution of emissions to air). Some topics may involve a mixture of qualitative and quantitative techniques. The predictions are very likely to be subject to a degree of uncertainty and this should be explained together with any assumptions on which they are based.’ This guidance does not address the assignment of significance.

Environmental Topic Source Adopted in Environmental Statement for Explanation of Environmental Statement Approach to Magnitude, Importance and Significance Impact Threshold Assessment Thresholds Community Effects The community effects assessment was based on the DMRB Volume 11, Section 3 (Part 8) was used for pedestrian (Volume 2, Chapter 4) methodology given in DMRB Volume 11, Section 3 (Part 8). journey time thresholds. This defines levels of impact as slight, Apart from pedestrian journey times, no other thresholds are moderate and severe. provided in the DMRB methodology. Consequently, it was The generic methodology described in Volume 1, Chapter 4 of necessary to define a range of other specific thresholds to the Environmental Statement was used to provide the enable the assessment of this topic to be undertaken. thresholds for all other community aspects assessed

Cultural Heritage Criteria for determining specific thresholds have been taken The magnitude of potential impacts is defined in Table 2b of (Volume 2, Chapter 5) from Historic Scotland’s Listing and Scheduling guidance, and Volume 3 of the Environmental Statement (page 14). This is from criteria in international and national conservation based on the project team experience. The sensitivity of the charters. resource is defined in Table 2a of Volume 3 of the Environmental Statement and is drawn from Historic Scotland’s listing and Scheduling Guidance. The combination of these to determine significance of impact is presented in Table 2c. This has not been drawn from official guidance and the descriptors applied differ from the general approach taken in the Environmental Statement.

Agriculture The agricultural assessment was based on the methodology The approach to defining the magnitude and importance of (Volume 2, Chapter 6) given in DMRB Volume 11, Section 3 (Part 6). No thresholds effects was developed specifically for this topic and is are provided in this methodology, though indications of described in Volume 2, Section 6.2, and in particular Tables potential significance are given, with reference to the scale of 6.2 to 6.4. This threshold was based on professional development at which consultation is advised with the Scottish experience and Best Practice including Planning Advice Note Executive (DMRB Volume 11, Para 10.3 (iii)). Consequently it 58 and the Macaulay Land Use Research Institute’s Land was necessary to provide specific thresholds to enable the Capability for Agriculture. assessment of this topic to be undertaken.

Environmental Topic Source Adopted in Environmental Statement for Explanation of Environmental Statement Approach to Magnitude, Importance and Significance Impact Threshold Assessment Thresholds Air Quality No defined thresholds are available. The air quality impact The assessment of the significance of construction dust (Volume 2, Chapter 7) assessment was based on the methodology described in impacts is based on whether properties lie within a given Volume 1, Chapter 4 of the Environmental Statement, with distance of the work. This approach is based on Scott thresholds derived from a professional interpretation of the Wilson’s experience on when complaints are likely to arise. scale, scope, nature and duration of construction activity. The impact of air quality from road traffic is assessed by determining the potential change to air quality using DMRB methodology and assigning a magnitude of impact as negligible, slight, moderate and severe. The significance of impact is determined using the approach presented in Chapter 4.

Landscape and Visual Guidance published by the Landscape Institute does not The generic methodology reported in Volume 1, Chapter 4 of (Volume 2, Chapter 8) outline specific thresholds for the assessment of the Environmental Statement was used for the assessment, environmental effects, therefore the generic methodology with professional experience employed to set the criteria for reported in Volume 1, Chapter 4 of the Environmental the sensitivity of the resource and the magnitude of impact. Statement was used. The landscape and visual assessment follows an accepted methodology based on the ‘Guidelines for Landscape and Visual Impact Assessment’ Second Edition, the Landscape Institute / Institute of Environmental Management and Assessment (Spon Press 2002). Ecology There is no single agreed method for ecological impact Definition of the magnitude of impact, sensitivity of resource (Volume 2, Chapter 9) assessment, although broad principles that appear to have and the resultant significance of impact are defined in Tables widespread acceptance are defined, for example, in National Planning Policy Guidance 14 Natural Heritage, the draft 9.1,9.2 and 9.3 of Volume 2. These are based on the guidance for ecological impact assessment being developed principles set out, for example, in GoMMMS and the draft by the Institute of Ecology and Environmental Management IEEM guidance. Precise thresholds and criteria have been (IEEM) and Guidance on the Methodology for Multi-Modal specified for this project based on our experience and Studies (GoMMMS) DETR, 2002. interpretation of generic guidance.

Environmental Topic Source Adopted in Environmental Statement for Explanation of Environmental Statement Approach to Magnitude, Importance and Significance Impact Threshold Assessment Thresholds Geology The assessment methodology is based on the DMRB Volume The sensitivity of the receptor was scaled on the basis of the (Volume 2, Chapter 10) 11, Section 3 (Part 11) modified as described in the relative importance of the receptor as defined in Volume 2, Environmental Statement, Volume 2 Chapter 10. There are no Chapter 10 Table 10.2 of the Environmental Statement. specified thresholds in this methodology. Tables 10.3 and 10.4 define the approach to assigning thresholds for magnitude and significance of impact.

Noise and Vibration Impact assessment was based on the methodology described The main prediction method for construction noise and (Volume 2, Chapter 11) in Volume 1, Chapter 4 of the Environmental Statement, with vibration in this assessment was that outlined in BS 5228: specific thresholds derived from the advice given in the 1997, and was used to Guidance on the Methodology for Multi-Modal Studies predict noise as a free-field equivalent continuous level GoMMMS (DETR, 2000) Section 4.3 (Noise Sub Objective) averaged over a one-hour period (LAeq,1h). The “Calculation Table 4.2- Noise response curves for road and rail traffic, and of Railway Noise” issued by the Department of Transport, the Guidelines For Noise Impact Assessment, Para.7.6.6 1995 was used for the prediction method for rail traffic. The (Institute of Acoustics/Institute of Environmental Management prediction method for road traffic was undertaken to the and Assessment, draft, 2002), which relates to the requirements of the “Calculation of Road Traffic Noise” issued categorisation of noise change. by the Department of Environment and the Welsh Office, 1988. The criteria in Volume 2, Table 11.1 of the Environmental Statement have been employed to assess the impact of the operation of the proposed railway. Table 11.7 assigns significance according to the approach defined in Chapter 4. Operational vibration has been calculated at a set of receptors using measured source data from another site and by making appropriate adjustments for differences in speed, train length, distance and ground conditions.

Environmental Topic Source Adopted in Environmental Statement for Explanation of Environmental Statement Approach to Magnitude, Importance and Significance Impact Threshold Assessment Thresholds Water Resources The impact assessment was based on the generic Section 12.2.3 and Table 12.1 of Volume 2 defines the (Volume 2, Chapter 12) assessment methodology described in Volume 1, Chapter 4 of approach to assigning significance of impact. The assessment the Environmental Statement. Scottish Environment Protection followed best practice guidelines published by SEPA, and Agency guidelines were interpreted using professional utilised professional experience in light of no specific water experience to scale the magnitude/sensitivity of impacts where resource methodology being available. The significance of an appropriate. impact was determined by scaling the magnitude of the impact, and the sensitivity of the receptor.

Traffic and Transport The traffic and transport assessment was based on the The magnitude of impact used a scale that described the generic methodology outlined in Volume 1, Chapter 4 of the potential impacts occurring at level crossings only, and was (Volume 2, Chapter 13) Environmental Statement. based on professional experience in line with the thresholds used in Volume 1, Chapter 4 of the Environmental Statement.

Appendix B

Amended Table 5.1

Table 5. 1: Summary of Effects – Amended October 2003 (Continued Over)

Location and Summary of effects before Mitigation Summary of residual effects Scheme mitigation after mitigation proposals

Stirling Middle Construction and operational noise, Compliance with best construction practice for Permanent alterations to Listed and North Signal vibration and construction air quality construction noise, vibration and dust control (incl. Buildings Boxes to be effects. In addition, the works will sheeting of bridges and stockpiles, restricted vehicle modified affect the Listed Buildings at Stirling speed and road sweeping). Station, comprising Stirling Middle and Stirling North signal boxes, and Application of relevant Codes of Practice, incl. four of the eleven associated controlled working hours and compounds located semaphore signals away from built up areas.

Works to be sympathetically designed to respect listed building status.

Forth Viaduct/ Construction and operation noise, Compliance with best construction practice for Permanent residual land take at Bridgehaugh vibration and construction air quality construction noise, vibration and dust control ( incl. Ladysneuk Road (0.04ha) Allotments/Stirlin effects. In addition, removal of sheeting of bridges and stockpiles, restricted vehicle g County RFC vegetation for construction works will speed and road sweeping) . with bridge and affect landscape and visual amenity. infrastructure Temporary land take at Stirling Compliance with relevant Codes of Practice incl. works and REB County RFC. Permanent land take at controlled working hours, use of compounds away Ladysneuk Road. Temporary from built up areas. disturbance to fish and otter

Stirling - Alloa - Kincardine Railway (Route Re-opening) and 19 Linked Improvements (Scotland) Bill Environmental Statement Volume 1 – Main Report Table 5.1 October 2003

Location and Summary of effects before Mitigation Summary of residual effects Scheme mitigation after mitigation proposals populations during construction 2m high permanent boundary noise barriers along Causewayhead Road, and anti-vibration measures at Ladysneuk Road.

Landscape replacement planting following construction works.

Mitigation for temporary and permanent land take by acquisition.

Implementation of Best Practice methods during construction

Causewayhead Construction and operation noise and Compliance with best construction practice and Permanent alternative access Level Crossing – vibration. Loss of access. relevant Codes of Practice incl. controlled working route. to be hours. and compounds located away from built up permanently areas. closed Construction and operational mitigation noise measures with. 2m high permanent noise barriers at Causewayside l/c.

Waterside Level Construction and operation noise and Temporary traffic management measures during New permanent REB and road Crossing vibration. Increased vehicle flows

Stirling - Alloa - Kincardine Railway (Route Re-opening) and 20 Linked Improvements (Scotland) Bill Environmental Statement Volume 1 – Main Report Table 5.1 October 2003

Location and Summary of effects before Mitigation Summary of residual effects Scheme mitigation after mitigation proposals (Ladysneuk during the construction and construction. junction. Road) to be operational phases. Permanent land retained and take. Compliance with construction Best Practice and Permanent alternative access upgraded with relevant Codes of Practice incl. controlled working route. REB and new hours and compounds located away from built up road junction areas. Permanent residual land take (0.03ha) Construction and operational noise/vibration mitigation with permanent 2m high noise barriers and anti- vibration measures at Waterside l/c.

Landscape mitigation by screen planting at REB

Mitigation for permanent loss of land by acquisition land take.

Logieburn Increased vehicle flows during Temporary works traffic management measures at Minor permanent residual land Culvert with construction period and temporary A907/site entrance during construction. take (0.007ha) culvert land take requirements with access replacement from the A907. Temporary working Mitigation for temporary and permanent land take by space affects landscape and visual acquisition. amenity Landscape mitigation by re-seeding following construction works

Stirling - Alloa - Kincardine Railway (Route Re-opening) and 21 Linked Improvements (Scotland) Bill Environmental Statement Volume 1 – Main Report Table 5.1 October 2003

Location and Summary of effects before Mitigation Summary of residual effects Scheme mitigation after mitigation proposals

Grangehall Increased vehicle flows during Temporary traffic management measures at A907/site Minor permanent residual land Culvert culvert construction period and temporary entrance junction during construction. take (0.05ha) replacement land take for access to A907 via existing ROW. Installation of Mitigation for temporary and permanent land take by working space affects landscape and acquisition land take visual amenity Landscape mitigation by re-seeding following construction works

Forth Viaduct to Construction and operational noise, Compliance with best construction practice and Permanent alternative access Abbeycraig Level vibration, landscape and visual relevant Codes of Practice incl. controlled working route provision. Crossing with l/c effects and construction air quality hours. permanently effects on adjacent housing, Permanent residual land take at closed and community leisure and school 2m high permanent boundary noise barriers and anti- Abbeycraig level crossing access track facilities in proximity. Temporary land vibration measures between Waterside and (0.4ha) upgrade take at Abbeycraig for works Abbeycraig level crossings. compound and permanent land take for stopping up existing level crossing Post development railway operational noise and upgrading access track link to assessment at No. 60 Alloa Road to confirm noise Ladysneuk Road. insulation provision.

Construction dust control measures e.g. sheeting of bridges and stockpiles, restricted vehicle speed and

Stirling - Alloa - Kincardine Railway (Route Re-opening) and 22 Linked Improvements (Scotland) Bill Environmental Statement Volume 1 – Main Report Table 5.1 October 2003

Location and Summary of effects before Mitigation Summary of residual effects Scheme mitigation after mitigation proposals road sweeping.

Landscape mitigation by replacement planting.

Mitigation for temporary and permanent land take by acquisition.

Stirling - Alloa - Kincardine Railway (Route Re-opening) and 23 Linked Improvements (Scotland) Bill Environmental Statement Volume 1 – Main Report Table 5.1 October 2003

Location and Summary of effects before Mitigation Summary of residual effects Scheme mitigation after mitigation proposals

Manor Neuk Construction and operational noise Compliance with best construction practice and No permanent residual effects Level Crossing and vibration but permanent relevant codes of Practice incl. controlled working predicted. to be retained mitigation measures not required as hours. and upgraded within acceptable limits. Temporary land will be acquired Mitigation for temporary land take by temporary by possession but will be Visual amenity affected by works acquisition. retuned to landowner on area. Temporary land take. completion of temporary works. Landscape mitigation by re-seeding.

It should be noted that a 2m high permanent noise barrier is proposed at Manorneuk Farm as permanent mitigation measures are required.

Manor Powis Construction and operational noise Compliance with Best Practice and relevant Codes of No permanent residual effects Level Crossing and vibration but permanent Practice incl. controlled working hours. predicted. to be retained mitigation measures not required as and upgraded within acceptable limits. Landscape mitigation by re-seeding. Temporary land will be acquired by possession but will be Temporary land take. Mitigation for temporary loss of land by temporary retuned to landowner on acquisition. completion of temporary works.

Blackgrange Construction and operational noise Compliance with best construction practice and Permanent residual land take Stirling - Alloa - Kincardine Railway (Route Re-opening) and 24 Linked Improvements (Scotland) Bill Environmental Statement Volume 1 – Main Report Table 5.1 October 2003

Location and Summary of effects before Mitigation Summary of residual effects Scheme mitigation after mitigation proposals Level Crossing and vibration but permanent relevant Codes of Practice incl. controlled working (0.1ha) to be retained mitigation measures not required as hours. and upgraded within acceptable limits. with REB Mitigation for temporary and permanent land take by Temporary and permanent land take. acquisition.

Works compound and permanent Landscape mitigation by re-seeding. REB affects landscape amenity.

New Mills Level Temporary land take for works Dust control measures (incl. sheeting of bridges and Permanent alternative access Crossing to be vehicular access from A907 and stockpiles, restricted vehicle speed and road route. permanently access track from level crossing to sweeping). closed temporary works compound north- west of level crossing with associated Temporary works traffic management measures at the noise impacts within acceptable A907/site entrance. limits. Cambus Viaduct bridge works creates temporary construction dust Mitigation for temporary land take for works compound effects. access track by temporary acquisition.

Works compound and works area Landscape mitigation by re-seeding. affects landscape amenity

Cambus Level Construction and operational noise, Compliance with best construction practice and Minor permanent residual land

Stirling - Alloa - Kincardine Railway (Route Re-opening) and 25 Linked Improvements (Scotland) Bill Environmental Statement Volume 1 – Main Report Table 5.1 October 2003

Location and Summary of effects before Mitigation Summary of residual effects Scheme mitigation after mitigation proposals Crossing to be vibration and air quality impacts. relevant Codes of Practice incl. controlled working take at Cambus level crossing retained and hours. (0.02ha) upgraded Temporary and permanent land take. Construction and operational noise mitigation with 2m Temporary works compound and high permanent boundary noise barriers at Cambus l/c. works area affects landscape amenity Mitigation for temporary and permanent land take by acquisition.

Landscape mitigation by re-seeding and screen planting.

Grange Road Construction and operational noise, Compliance with best construction practice and Permanent residual land take Level Crossing vibration and air quality impacts. relevant Codes of Practice incl. controlled working (0.5ha) to be hours. Construction and operational noise/vibration permanently Temporary and permanent land take. mitigation with permanent 2m high noise barriers and Permanent residual visual closed and new anti-vibration measures at Grange Road l/c. intrusion from permanent footbridge New pedestrian/disabled/cyclist footbridge overbridge providing safe public Temporary works traffic/area management measures crossing of solum but resulting in to ensure public access to properties maintained landscape and visual amenity affect during construction. and potential visual intrusion from overbridge users. Mitigation for temporary and permanent land take for footbridge by acquisition.

Stirling - Alloa - Kincardine Railway (Route Re-opening) and 26 Linked Improvements (Scotland) Bill Environmental Statement Volume 1 – Main Report Table 5.1 October 2003

Location and Summary of effects before Mitigation Summary of residual effects Scheme mitigation after mitigation proposals

Temporary construction works Landscape mitigation by re-seeding and screen compound affects visual and planting landscape amenity.

A91/ A907 Construction and operational noise, Compliance with best construction practice and Permanent residual land take Roundabout to vibration, air quality and landscape relevant Codes of Practice incl. controlled working (0.08ha) Grange Road and visual effects. Temporary and hours. Level Crossing permanent land take. with new Construction and operational noise/vibration mitigation passing loop Construction flood risk at River with permanent 2m high noise barriers and anti- and culvert Devon for adjacent and upstream vibration measures at Woodside and the Gables at replacements properties. Cambus.

Landscape mitigation by screen planting and re- seeding.

Mitigation for temporary and permanent land take by acquisition.

Compliance with construction best practice regarding work on watercourses.

Former Brewery Construction and operational noise, Compliance with best construction practice and Permanent residual land take site (Alloa vibration, air quality and landscape relevant Codes of Practice incl. controlled working

Stirling - Alloa - Kincardine Railway (Route Re-opening) and 27 Linked Improvements (Scotland) Bill Environmental Statement Volume 1 – Main Report Table 5.1 October 2003

Location and Summary of effects before Mitigation Summary of residual effects Scheme mitigation after mitigation proposals Station) with and visual effects. Temporary hours. (1.7ha) new station, permanent land take. access and car Construction and operational noise/vibration mitigation Regeneration of part of parking and Temporary disruption to existing Ring with permanent 2m high noise barriers and anti- redundant site by providing new REB Road traffic and to Alloa Bowl car vibration measures at Mar Place, Whins public transport facility and rail park. Road/Kingswell Park. service.

Modal shift by transfer from road to Dust control measures (incl. sheeting of bridges and rail of cars travelling to Stirling and stockpiles, restricted vehicle speed and road onwards to Glasgow and Edinburgh. sweeping).

Temporary traffic management measures incl. temporary traffic light controls, contra flow during construction period to minimise disruption to Ring Road traffic and maintain vehicle access to shopping centre and Alloa Leisure Bowl car parks.

Pedestrian, disabled and cyclist access across Ring Road during road works to be maintained at existing pedestrian crossing south of Erskine Street.

Landscape mitigation by tree, shrub and screen planting.

Stirling - Alloa - Kincardine Railway (Route Re-opening) and 28 Linked Improvements (Scotland) Bill Environmental Statement Volume 1 – Main Report Table 5.1 October 2003

Location and Summary of effects before Mitigation Summary of residual effects Scheme mitigation after mitigation proposals

Mitigation for temporary and permanent land take by acquisition.

Hilton Road Construction and operational noise, Compliance with best construction practice and Level Crossing vibration, air quality and landscape relevant Codes of Practice incl. controlled working to be and visual effects for the adjacent hours. permanently properties north of the crossing. closed with new Construction and operational noise mitigation with 2m Permanent residual land take footbridge Realignment of Hilton Road to high permanent boundary noise barriers and anti- (0.5ha). provide northern junction with new vibration measures between Arrol Crescent to the Alloa Eastern Link Road. north west of Hilton Road Level Crossing and residential property located directly north-east of level New pedestrian/disabled/cyclist crossing. Permanent residual visual overbridge providing safe public intrusion from permanent crossing of solum but resulting in Dust control measures (incl. sheeting of bridges and footbridge. landscape and visual amenity affect stockpiles, restricted vehicle speed and road and potential visual intrusion from sweeping). overbridge users. Landscape mitigation by re-seeding and surface re- Temporary land take for works instatement compound at Alloa Athletic FC car park and permanent partial garden Mitigation for temporary land take at Alloa FC car park land take at No.21 Hilton Road. by acquisition and shared use to maintain match day spectator parking facility. Mitigation by acquisition for

Stirling - Alloa - Kincardine Railway (Route Re-opening) and 29 Linked Improvements (Scotland) Bill Environmental Statement Volume 1 – Main Report Table 5.1 October 2003

Location and Summary of effects before Mitigation Summary of residual effects Scheme mitigation after mitigation proposals permanent land take at No.21 Hilton Road.

Alloa Eastern Temporary air quality and landscape Temporary traffic management measures e.g. during Permanent residual land take at Link Road and and visual effects and construction roundabout construction and A907 Clackmannan AELR (10.4ha) is a new link traffic movements to/from works site Road re-alignment changes incl. temporary traffic light road on existing public roads controls and contra flows. Permanent residual reduction of existing business operations and Construction and operational noise Compliance with best construction practice and agricultural land use. and vibration but within acceptable relevant Codes of Practice incl. controlled working limits. hours. Possible residual effect on hydrology of Brothie Burn. Overall changes in air pollution Water bowsers and damp-down sprays to mitigate concentrations from road operation construction dust effects. but predicted to be small with no changes in air quality objectives at Grouting and capping of mineshafts and mineworkings. sensitive receptors and within acceptable limits. Mitigation for temporary and permanent land take by acquisition. Temporary disruption to Clackmannan Road and Whins Road landscape mitigation by screen planting. Road/Carsebridge Road traffic during the roundabout construction. Temporary and permanent works measures and archaeological evaluation and watching brief to protect Works may affect old mineshafts and

Stirling - Alloa - Kincardine Railway (Route Re-opening) and 30 Linked Improvements (Scotland) Bill Environmental Statement Volume 1 – Main Report Table 5.1 October 2003

Location and Summary of effects before Mitigation Summary of residual effects Scheme mitigation after mitigation proposals mineworkings. Temporary land take adjacent Scheduled Ancient Monument. requirements for works compounds and working space. Permanent land Alternative access provision to agricultural fields. take leading to potential reduction of existing business operations and Best Practice methods to be incorporated during the fields in agricultural use. construction phase.

Permanent changes in road traffic Attenuation of surface water runoff incorporated into noise, vibration and air quality design of surface water drainage system and culvert to impacts - once AELR is operational. be designed in accordance with best practice.

Visual effects on setting of Parkmill Scheduled Ancient Monument

In-stream ecological impacts on the Brothie Burn

Construction and operational hydrological and geomorphological impacts on Brothie Burn

Hilton Farm Temporary construction land take. Temporary works traffic management measures to Permanent alternative access Level Crossing Permanent land take for stopping up maintain access. provision for closed l/c. to be existing junction.

Stirling - Alloa - Kincardine Railway (Route Re-opening) and 31 Linked Improvements (Scotland) Bill Environmental Statement Volume 1 – Main Report Table 5.1 October 2003

Location and Summary of effects before Mitigation Summary of residual effects Scheme mitigation after mitigation proposals permanently Construction works compound Mitigation for temporary and permanent land take by Minor permanent residual land closed affects landscape and visual acquisition. take (0.004ha). amenity. Landscape mitigation by re-seeding. Alternative access provision for permanently closed l/c.

Grange Road Construction and operational noise, Compliance with best construction practice and Minor permanent residual land Level Crossing vibration, air quality and landscape relevant Codes of Practice incl. controlled working take (0.04ha). to Clackmannan and visual effects. hours. west (A907 Helensfield rail Temporary works compound and Dust control measures (incl. sheeting of bridges and bridge) with new access land take. stockpiles, restricted vehicle speed and road passing loop, sweeping). bridge works Permanent land take for access to and works to old signalling equipment and Construction and operational noise/vibration mitigation mines safeguarding limits at Helensfield. with permanent 2m high noise barriers and anti- vibration measures at Park Place to Bruce St., and Clackmannan Rd. east of Hilton Rd. l/c.

Post development railway operational noise assessment at Park Place to confirm noise insulation provision.

Stirling - Alloa - Kincardine Railway (Route Re-opening) and 32 Linked Improvements (Scotland) Bill Environmental Statement Volume 1 – Main Report Table 5.1 October 2003

Location and Summary of effects before Mitigation Summary of residual effects Scheme mitigation after mitigation proposals

Landscape mitigation by replacement and screen planting.

Mitigation for temporary and permanent land take by acquisition.

Clackmannan to Construction and operational noise, Compliance with best construction practice and Minor permanent residual land Kennet with vibration, air quality and landscape relevant Codes of Practice incl. controlled working take (0.01ha). bridge works and visual effects. hours. and works to old mines Temporary works compound and Construction and operational noise/vibration mitigation access land take. with permanent 2m high noise barriers and anti- vibration measures at Devonway, Mill Rd. to Park Pl., Permanent land take for headwall Millbank Cres., Brucefield Cres. to Ladywood, and maintenance access. Bracken Brae.

Works may affect old mineshafts and Post development railway operational noise mineworkings. assessment at Devonway and Northfield Gardens to confirm noise insulation provision.

Stirling - Alloa - Kincardine Railway (Route Re-opening) and 33 Linked Improvements (Scotland) Bill Environmental Statement Volume 1 – Main Report Table 5.1 October 2003

Location and Summary of effects before Mitigation Summary of residual effects Scheme mitigation after mitigation proposals

Grouting and capping of mineshafts and mineworkings.

Landscape mitigation by replacement planting and re- seeding.

Mitigation for temporary and permanent land take by acquisition.

Kilbagie Paper Construction and operational noise Compliance with best construction practice and No permanent residual effects Mill with culvert and landscape and visual effects. relevant Codes of Practice incl. controlled working predicted. replacement hours. and bridge Temporary works compound and Temporary land will be acquired works access land take. Construction and operational noise mitigation with by possession but will be permanent 2m high noise barriers at Ambleside retuned to landowner on Haven. completion of temporary works.

Landscape mitigation by re-seeding.

Mitigation for temporary land take by acquisition.

Kilbagie Paper Construction and operational noise, Compliance with best construction practice and No permanent residual effects Mill to vibration and landscape and visual relevant Codes of Practice incl. controlled working Stirling - Alloa - Kincardine Railway (Route Re-opening) and 34 Linked Improvements (Scotland) Bill Environmental Statement Volume 1 – Main Report Table 5.1 October 2003

Location and Summary of effects before Mitigation Summary of residual effects Scheme mitigation after mitigation proposals Kincardine with effects. hours.. predicted. rock stabilisation and bridge Temporary works compound and Construction and operational noise/vibration mitigation Temporary land will be acquired works access land take. with permanent 2m high noise barriers and anti- by possession but will be vibration measures at Broomknowe Drive. retuned to landowner on completion of temporary works. Landscape mitigation by replacement planting.

Mitigation for temporary land take by acquisition.

Kincardine Construction noise, vibration and Compliance with Best Practice and relevant Codes of No permanent residual effects Power Station visual effects. Practice incl. controlled working hours. predicted. with bridge works, new REB Temporary works compound and Mitigation for temporary land take by acquisition. Temporary land will be acquired and track re- access land take. by possession but will be alignment retuned to landowner on completion of temporary works.

Kincardine - Construction and operational noise Compliance with best construction practice and Minor permanent residual land Station Road and vibration but permanent relevant Codes of Practice incl. controlled working take (0.02ha) Level Crossing mitigation measures not required as hours. to be retained within acceptable limits.

Stirling - Alloa - Kincardine Railway (Route Re-opening) and 35 Linked Improvements (Scotland) Bill Environmental Statement Volume 1 – Main Report Table 5.1 October 2003

Location and Summary of effects before Mitigation Summary of residual effects Scheme mitigation after mitigation proposals and upgraded Permanent land take requirement for Landscape mitigation by screen planting with REB REB Mitigation for permanent land take by acquisition.

Stirling - Alloa - Kincardine Railway (Route Re-opening) and 36 Linked Improvements (Scotland) Bill Environmental Statement Volume 1 – Main Report Table 5.1 October 2003

Location and Summary of effects before Mitigation Summary of residual effects Scheme mitigation after mitigation proposals

Kincardine (west Construction and operational noise Compliance with best construction practice and Permanent modal shift by to central village and vibration impacts. relevant Codes of Practice with controlled working transfer from road to rail of coal areas) hours. carrying lorries. Modal shift by transfer from road to rail of approx. 184,000 per year Construction and operational noise/vibration mitigation equivalent coal carrying lorries with permanent 2m high noise barriers and anti- supplying Longannet Power Station vibration measures at Ochil View. on local road network Landscape mitigation by re-seeding and screen planting.

Kincardine (east) Construction and operational noise Compliance with best construction practice and Permanent modal shift by to Longannet and vibration but within acceptable relevant Codes of Practice incl. controlled working transfer from road to rail of coal Power Station limits. hours. carrying lorries. with sea wall repair and level Modal shift by transfer from A985 crossing road to rail of approx. 75,000 per upgrades year equivalent coal carrying lorries supplying Longannet Power Station from Rosyth.

Stirling - Alloa - Kincardine Railway (Route Re-opening) and 37 Linked Improvements (Scotland) Bill Environmental Statement Volume 1 – Main Report Table 5.1 October 2003

Location and Summary of effects before Mitigation Summary of residual effects Scheme mitigation after mitigation proposals

Scheme wide Reduction in bird breeding grounds Incorporation of Best Practice methods will reduce Temporary minor adverse along the rail corridor unnecessary disturbance to bird breeding grounds effects on bird breeding grounds

Disturbance to in-stream ecology at Incorporation of Best Practice methods will reduce Temporary negligible adverse the River Forth, Black Devon, River unnecessary disturbance in-stream ecology and effects on in-stream ecology. Devon and other water courses prevent species population decline.

Stirling - Alloa - Kincardine Railway (Route Re-opening) and 38 Linked Improvements (Scotland) Bill Environmental Statement Volume 1 – Main Report Table 5.1 October 2003

Agenda item 1 SAK/S2/03/4/5 Stirling-Alloa-Kincardine Railway Bill Committee

10 November 2003

STIRLING–ALLOA-KINCARDINE RAILWAY AND LINKED IMPROVEMENTS BILL COMMITTEE

PRELIMINARY STAGE

WRITTEN EVIDENCE FROM HISTORIC SCOTLAND

Purpose

1. This submission is in response to the Committee’s request for comments relevant to its consideration of the effect of the proposals on the historic environment. The Committee has also asked for an appraisal of chapter 5, volume 2 (cultural heritage) of the Environmental Statement.

Background

2. Historic Scotland supports the proposals in principle, recognises their strategic benefits in terms of transport and the economy and welcomes the opportunity to comment on the detailed aspects insofar as they relate to the historic environment.

3. Historic Scotland is an Executive Agency of the Scottish Executive and part of the Scottish Executive Education Department (SEED). Its mission is to safeguard Scotland’s built heritage and promote its understanding and enjoyment.

4. Within this broad remit, Historic Scotland exercises Scottish Ministers’ statutory powers in relation to the scheduling and protection of monuments of national importance (Scheduled Ancient Monuments) and the listing and protection of buildings of special architectural or historic interest (Listed Buildings). The historic environment is also commonly understood to include other types of heritage asset, for example, designated conservation areas and unscheduled archaeological sites, which are primarily the responsibility of the planning authority to protect and conserve.

5. This is done in line with Scottish Executive policy on the protection of the historic environment set out in National Planning Policy Guideline 5: Archaeology and Planning (NPPG5) and National Planning Policy Guideline 18: Planning and the Historic Environment (NPPG18). The Memorandum of Guidance on Listed Buildings and Conservation Areas 1998 is also relevant.

Version 1.1

Impact on Parkmill Cross Slab and its setting

6. The first issue we would like to raise is the possibility that the proposed Alloa East Link Road (AELR) will have a direct impact on Parkmill Cross Slab, which was scheduled as a monument of national importance in 1970. Its scheduling reflects both the national importance of the stone itself and its important association with an early Christian cemetery. The scheduled area includes an area around the stone within which associated remains and burials are likely to survive. Annex A gives more background information on the site.

7. Maps supporting the Environmental Statement are inconsistent with the supporting text and inconclusive about the exact position of the proposed AELR in relation to the scheduled area. For example:

figure 2.1 appears to show landscape planting extending beyond the boundary of the roundabout and into the scheduled area. This does not fit with the statement in section 5.6 which explains that new planting will not extend into the scheduled area;

page 84 states that: “Currently the layout of the south roundabout of the AELR overlaps slightly onto the area of a scheduled ancient monument, however, the layout of the roundabout will be revised such that there is no overlap, and the revised plan will be submitted to Historic Scotland for approval. No revised plans have been submitted for our consideration.”

8. It seems that the definitive alignment of the AELR has not been fixed for the purposes of the Environmental Assessment. This makes it difficult to know whether there will be any direct impact on the scheduled area or to carry out any meaningful assessment of environmental impact. It is nevertheless possible to show the position of the scheduled area in relation to the land take required for the implementation of the AELR (Annex B). It shows that the proposals as outlined in the Bill provide considerable scope for the proposed road and associated works to impact directly on a nationally significant archaeological site.

9. Historic Scotland advises that additional information is needed on the exact location of the road so that the impacts on the scheduled monument can be determined, assessed and mitigated with certainty as part of the Environmental Impact Assessment process. It should also be noted that the Bill would not remove the need for Scheduled Monument Consent, should there prove to be a direct impact on the monument. Historic Scotland would welcome being consulted on both issues.

10. Whilst we recognise that the Bill will remove the need for planning permission, it is also worth considering the policy basis against which the planning authority would have had to consider any impact on the scheduled area. National Planning Policy on the treatment of archaeological sites is set out in NPPG 5. It explains that archaeological remains are to be treated as a finite and non-renewable resource and that the primary policy objective is the preservation of archaeological sites wherever feasible. In the case of scheduled monuments, NPPG 5 (para. 17) goes on to say that:

Version 1.1

“Scheduled ancient monuments are of national importance and it is particularly important that they are preserved in situ and within an appropriate setting. Developments which would have an adverse effect on scheduled monuments or the integrity of their settings should not be permitted unless there are exceptional circumstances”.

11. The Committee specifically asked for comments on whether the Environmental Statement adequately assesses and mitigates the impact of the proposals on the setting of Parkmill Cross Slab, which is a material consideration in the determination of planning applications. Historic Scotland advises that the scope for the Environmental Statement to do this effectively is also compromised by the fact that the exact location of the roundabout does not appear to have been fixed. Scottish Executive Development Department Circular 15/1999 The Environmental Impact Assessment (Scotland) Regulations 1999 emphasises the importance of identifying the likely effects of a particular project at an early stage for producing improvements in the planning and design of development, resulting in a potentially more environmentally acceptable and robust proposal.

12. Whilst the Bill will remove the need for separate planning permission, if it had been needed then Historic Scotland would have been a statutory consultee. We have anticipated that the Committee would welcome knowing what Historic Scotland’s advice would have been to the planning authority in that context.

13. The cross slab site is located at a high point in the centre of a field, visible on the horizon from the present road and from the anticipated site of the proposed roundabout. The value of the setting is also enhanced by Clackmannan Tower, which forms the backdrop to the stone when viewed from the north-west. NPPG 5 places particular importance on the preservation of scheduled monuments in situ and within an appropriate setting. An ‘appropriate’ setting will not necessarily be an intact, original (i.e. historic) setting. Indeed for most monuments, including the current example, we doubt that it will be possible to say with any certainty what its original setting was. The landscape is dynamic and subject to past and continuing change.

14. The objective in this particular case is not to retain a hypothetical ‘original’ setting, but to consider the place of the monument in the current landscape, and the contribution of its current landscape setting to our appreciation and understanding of the monument. New development within this landscape should respect, not diminish that relationship.

15. The visibility of the Parkmill cross slab from a distance is significant in this respect. It is located on a slight knoll at the highest point in an otherwise flat landscape. It seems to have been deliberately sited to be visible from a distance, and to mark the site of the early Christian cemetery with which it is associated. The essence of its isolated visibility across the landscape should be retained. Historic Scotland advises that the juxtaposition of an elevated embanked roundabout against the scheduled boundary of the monument would significantly diminish its current open setting.

Version 1.1

16. It is also worth pointing out that the Environmental Statement does not attribute a level of significance to this impact, though it does accept that it is not negligible and that it is potentially significant (page 82). On the basis of the criteria used in this ES to assess impact on the cultural heritage (vol 3, tables 2A-2C) and on the basis of available information we would assess the potential impact on the setting of this monument to be ‘major/extreme adverse’.

17. Historic Scotland does not consider that planting the margins around the roundabout will reduce this significant detrimental impact as suggested in the Environmental Statement. As there are currently no trees or vegetation around this monument, as its setting is an open landscape, it is difficult to see how this proposed mitigation would do anything to soften the impact of the roundabout on its setting given its close proximity and elevated construction.

18. The Environmental Statement also raises the issue of the likely high archaeological sensitivity of the land around the scheduled area. It states there is a ‘high probability’ that further early medieval human remains associated with the scheduled cross could be uncovered, or possibly even evidence of an associated early medieval chapel (pp80-81, 84). Mitigation through archaeological evaluation, excavation and recording is proposed to address this. Historic Scotland agrees with this assessment although it recognises that this is usually expensive and time consuming and always less preferable from the archaeological viewpoint. These considerations are considered to add weight to the argument in favour of siting the roundabout further from the scheduled area.

19. Overall, Historic Scotland is concerned that the Environmental Statement has not properly assessed or provided for the mitigation of the impact of the AELR on the integrity and setting of Parkmill Cross Slab and that additional information is needed in support of the Bill in these respects. We are also concerned that from the evidence available, the impacts on the monument and its setting will be significant and incapable of being adequately mitigated, other than through consideration of alternative options for the positioning of the roundabout.

Impact on listed buildings and their settings

20. The Committee has specifically asked for advice on whether the promoter has considered the application of sections 14(2) and 59(1) of the Planning (Listed Building and Conservation Areas) (Scotland) Act 1997 in putting forward the Bill.

21. The implication of these sections is that in considering whether to grant listed building consent or planning permission for development which affects a listed building or its setting, a planning authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Whilst the effect of the Bill is to remove the need for planning permission and listed building consent (and so removes the need to follow these provisions), Historic Scotland welcomes consideration of these issues by the Promoter and the Committee.

Version 1.1

22. There are four buildings or structures affected by the proposals. These, together with the nationally important Stirling Station, to which they are ancillary, are all listed category A. They comprise two signal boxes, one to the north and one to the south of the station, plus a signal located opposite to each box. A description of the changes proposed to the buildings is set out in Schedule 10 of the Bill.

23. In normal circumstances detailed drawings would be provided to show these changes in detail. The impact of the proposals would then be considered against policy set out in NPPG 18 and the Memorandum of Guidance on Listed Buildings and Conservation Areas 1998. These documents translate the need to have ‘special regard’ into policy guidelines on the treatment of historic buildings in the planning and listed building consent processes. NPPG 18 advises that there should be presumption against development that adversely affects the character of a listed building or its setting. It also advises that the issues generally relevant to the consideration of all applications for listed building consent and applications for planning permission affecting listed buildings include:

x the impact of development proposals upon particular physical features of the building that justify its listed status. Whilst list descriptions are useful in identifying individual buildings, they are not intended as exhaustive lists of features worth preserving x the building's setting and its contribution to the townscape or landscape, having particular regard to the impact of development upon the views to and from the listed building x the extent to which the proposed works would bring benefits to the community, in particular by contributing to the economic regeneration of the area or the enhancement of its environment (including other listed buildings)

24. Without any real understanding of the detail of the proposed changes to the listed buildings it is difficult to come to any definitive view over whether or not their character will be adversely affected. Whilst we consider the Environmental Statement to be weak in its analysis of the impact of the proposals on the listed buildings, it does give some comfort in explaining that there will be no structural modifications to the signal boxes and that a photographic survey will be carried out before works starts. The fact that the buildings are to remain in beneficial use for the purposes for which they were designed is also to be welcomed. Historic Scotland would ask that agreement be reached on the future of the signals themselves, which are to be removed.

25. Whilst there is a lack of certainly about the exact nature of the impact on the listed buildings affected, Historic Scotland is content that the proposed changes can be carried out in a way which does not detract from their character and special interest. We see no need for additional information in support of this Bill to cover listed building issues although would welcome being consulted at the detailed design stage.

Version 1.1

ANNEX A

Parkmill Cross Slab

Parkmill Cross Slab was scheduled in 1970. Its scheduling reflects both the national importance of the stone itself and its important association with an early Christian cemetery. The scheduled area includes an area around the stone within which associated remains and burials are likely to survive. Its irregular shape, with a “bite” missing from its eastern side reflects the pre-existence of a small quarry in that area within which all archaeological evidence will have been destroyed. It is not possible to say definitively whether the current scheduled area fully covers all the archaeological evidence associated with this stone.

The monument consists of a large rectangular slab, 8feet high, 2ft 7.5 inches broad and c9inches thick at the base, with a cross incised on both broad faces. It stands on a low knoll and is packed around the base with fairly large stones. It south broad face is aligned E-W. Stylistically it is likely to date from the 9th-10 centuries AD. It may be the marker for an early Christian cemetery. The New Statistical Account of 1840 states “…in making a road near to this stone, about 40 years ago, human bones were found; and a few years ago, a stone coffin, composed of flag stones, about 3 feet long, was discovered, and two small figures of the true cross cut upon it.” Another 19th century account, Dr John Stuart’s “Sculpture Stones of Scotland,” 2nd edition 1856-57, claims that “…an examination of the site in 1829 led to the discovery of many human bones, much decayed, close to the stone; and at about 9feet north of its base, of a cist 3 feet in length, formed of sandstone flags, which also contained human bones much decayed. The cist was covered with a flag, at each end of which, on the inside, was incised a small cross of the simplest form but evidently cut with care.”

Peter Miller, quoting from Stuart in an article in the Proceedings of the Prehistoric Society of Scotland in 1889 goes on to suggest that the stone is not in its original position but was moved to its current location from another site when the adjacent land was “thrown into Alloa Park”. It is difficult to determine the source for this or whether it is indeed true. The source may be the “Plan of Alloa. The Seat of the Lord Mar, in the Shire of Clackmannan in Scotland… 1710 and 1728.” This constitutes proposals for Mar’s estate. Most was not executed as he was exiled after 1715. Certain features on this plan can be pinpointed on the 1st edition of the OS map of 1866 from which it seems that the stone was either located, or was planned to be relocated as part of the new landscape layout, to the north of the Edinburgh road, between Parkmill and Hilton Loch. It is not possible to say which is the case. In the absence of convincing evidence to the contrary, and on the basis of current field observation, it must be assumed that the stone is in its original position and is likely to be surrounded by an early Christian cemetery, whose full dimensions are unknown, comprising burial both within and without long cists.

Version 1.1

Long-cist cemetries are generally found in the coastal tracts on both sides of the Forth, around the Fife coast and the Tay estuary, though some may pre-date the advent of Christianity since there is evidence that Scottish burials in long cists without gravegoods can date from as early as the 2nd century AD. Their association with inscribed stones of the type found at Parkmill area a more reliable indicator of a Christian presence. The Parkmill site would appear to be a good example of this type of monument, and a rare survivor in this particular area, associated with a cross incised stone which itself is an important and highly visible monument in the landscape today.

Version 1.1

ANNEX B - Parkmill cross slab in the context of the proposed ‘land take’

Version 1.1

Version 1.1 Agenda item 1 SAK/S2/03/4/6 Stirling-Alloa-Kincardine Railway Bill Committee

10 November 2003

STIRLING-ALLOA-KINCARDINE RAILWAY AND LINKED IMPROVEMENTS BILL COMMITTEE

PRELIMINARY STAGE

WRITTEN EVIDENCE FROM SCOTTISH NATURAL HERITAGE

1. Cultural Heritage

1.1 SNH’s responsibilities for the natural heritage includes the care and protection of Scotland’s landscapes. We have a responsibility with respect to Historic Gardens and Designed Landscape designations but no direct responsibility for archaeological or built heritage features, though the landscape setting for these features can fall within our broader landscape remit.

1.2 With respect to the contents of chapter 5 of the Environmental Statement our main interest lies with the two Designed Landscapes, Aithrey Castle and Tulliallan Estate, identified as being in close proximity to the proposed development. It would appear that the development would have little if any impact on the either of the designated sites and we have no significant concerns in this regard. However, for clarity the Committee may wish to see the assessment of the landscape and visual impacts on these designations, and on the wider setting of some of the other historical features referred to in chapter 5, incorporated into the landscape and visual study contained in chapter 8. This would help provide a more consistent approach to the assessment of the landscape and visual impacts of the development and allow for the greater overall appreciation of the setting issue that the Committee are seeking.

2. Ecology

2.1 Our main concerns regarding the potential ecological impacts from the development relate to the qualifying features of the River Teith cSAC, and SNH’s advice is that the works proposed are likely to be significant and therefore an appropriate assessment of the impact of the development on these features will be necessary under the requirements of the Habitats Directive 1992. The Government policy requirements relating to appropriate assessments are outlined in the Annex attached to this letter.

2.2. The key issues for consideration in the appropriate assessment relate specifically to the effect of construction work and pollutants on the movement of the migratory fish, river lamprey, sea lamprey and Atlantic salmon for which the River Teith qualifies as a cSAC. This could affect both the downstream migration of juveniles into the Forth Estuary and North Sea as well as the upstream migration of adults of all three species returning to freshwater to spawn.

2.3 Material already set out in the ES provides much of the information required for the assessment. Information in chapters 9 and 12 addresses the river issues referred to above and provide a strong indication that there will be no adverse affect of the development on the cSAC. The ES fails to recognise Atlantic salmon as a qualifying interest of the cSAC, and though the issues addressed with respect to the other migratory fish species largely apply to Atlantic salmon as well, there may be reason to give further consideration to the possible effects on this species.

2.4 In order to ensure demonstrable compliance with EC and domestic legislation, we suggest that competent authority may also wish to see detailed method statements for some of the work and more detailed information with respect to some of the mitigation measures before making a final decision. Specific elements of the development where this may be required are identified in the attached Annex.

2.5 Note that the development also lies in close proximity to another European site, the Firth of Forth SPA which qualifies for its internationally important populations of wintering waterfowl. It is SNH’s view that there will be no likely significant effect of the development on the qualifying interests of this site, and so an appropriate assessment in relation to these features will not be necessary.

2.6 I hope these comments are useful and help answer the particular queries raised by the Committee. Should any further clarification be required SNH will be able to make representation at the Committee meeting on the 10 November. Please let me know if this will be necessary. If required, SNH representatives at the meeting are likely to be myself and Alan Bell from our Argyll and Stirling Area team.

ANNEX 1

GOVERNMENT POLICY REQUIREMENTS FOR POTENTIAL EUROPEAN SITES

3.1 The status of the River Teith as a candidate SAC under the EC Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Flora and Fauna (the “Habitats Directive”), means that the provisions of the Revised Circular 6/95 apply. The Circular (page 3, para. 12) sets out the UK Government's obligations under the Habitats Directive, that:

" The Regulations require that, where an authority concludes that a development proposal unconnected with the nature conservation management of a Natura 2000 site is likely to have a significant effect on that site, it must undertake an appropriate assessment of the implications for the conservation interests for which the area has been designated. "

3.2 Paragraph 13 of the Circular states that the need for appropriate assessment extends to plans or projects outwith the boundary of the site in order to determine their implications for the interest protected within the site.

3.4 It goes on to state (page 5, para. 20) that, in considering development proposals or other uses of land affecting them, potential SACs should be treated in the same way as classified European sites in the meaning of the Conservation (Natural Habitats &c) Regulations, 1994.

3.5 The advice below is given to the competent authority in its consideration of the following stages of the procedure required under Article 6.3 of the Habitats Directive and Regulations 3(4) of the Habitats Regulations, and laid out in Revised Circular 6/95 i.e. in order for the Bill Committee to:

x determine whether the proposal is directly connected with or necessary to site management for conservation; and, if not, x determine whether the proposal is likely to have a significant effect on the site either individually or in combination with other plans or projects; and, if so, then x make an appropriate assessment of the implications (of the proposal) for the site in view of that site's conservation objectives. 3.6 SNH recommends that the first bullet should only be accepted where it is a part of a fully assessed, and agreed, management programme.

3.7 The competent authority can agree to the proposal after having ascertained that it will not adversely affect the integrity of the site. If this is not the case, and there are no alternative solutions, the proposal can only be allowed to proceed if there are imperative reasons of overriding public interest which in this case can include those of a social or economic nature.

3.8 From the information available it seems clear that in this case the proposal is not connected with or necessary for the conservation management of the site. Hence, further consideration is required.

3.9 SNH’s advice is that the effects of the proposal on the qualifying interests of the River Teith cSAC are likely to be significant. As a consequence, SNH’s view is that the competent authority is required to undertake an appropriate assessment of the implications of the proposal for the European interests, which includes Atlantic salmon as well as the three species of lamprey identified in the ES. The appropriate assessment should consider the following in particular : a) Physical effects on fish migration of bridge repairs on the Forth Viaduct

As the bridge repair works will include some in-stream work on the sub-structure and the installation of scour protection, there is at least some scope for the creation of barriers to fish migration under the bridge. The detailed design and seasonal timing of the works requires to be looked at in detail to ensure that no temporary or permanent barriers are created. b) Physical effects on fish migration of track works, access and storage at Forth Bank

Detailed design and timing of the works along this section of the scheme again needs to be considered further to ensure that there will be no adverse affects in- stream, such as in-fill or spillage of stored materials that could create physical barriers to fish migration. c) Effects on water quality of bridge repairs and construction of new brides and culverts

The repairs and construction of bridges and culverts are likely to result in potential loss of waste building materials and toxic substances to the watercourse causing pollution and siltation; cement is known to be particularly toxic to fish. This applies in particular to the Forth Viaduct. Similar down stream effects could result from work on other bridges and culverts. Measures to prevent spillages and minimise the impacts of any accidents require to be considered in more detail. d) Disposal of wastewater and sewage

Freshwater systems are highly susceptible to increased loading of organic and inorganic particulates associated with sewage disposal, eg from on train-toilets. Proposals for waste water treatment, such as run-off containing engine oils or fuel spills could be explored in more detail. Further details will also be required with respect to SUDS schemes associated with the track and associated areas of hard standing, storage yards, etc to ensure there is containment of any spills, settling of particulates and the biological breakdown of low levels of pollutants before they reach the natural water courses. Agenda item 1 SAK/S2/03/4/7 Stirling-Alloa-Kincardine Railway Bill Committee

10 November 2003

STIRLING-ALLOA-KINCARDINE RAILWAY AND LINKED IMPROVEMENTS BILL COMMITTEE

PRELIMINARY STAGE

WRITTEN EVIDENCE FROM SEPA

SEPA’s evidence to the committee is outlined below. The main areas of the proposed works which fall within SEPA’s remit are pollution risks/disturbance to watercourses during construction works, provision of appropriate surface water drainage systems from the rail network and associated infrastructure (e.g. car parks) and any potential waste management issues that may arise.

Construction Phase

The construction phase of development includes a number of pollution risks e.g. from spillages at oil stores etc. I enclose guidance note PPG6 on “Working at Construction and Demolition Sites” which you may find useful in terms of the controls expected during development.

River Crossings

The route will involve a number of river crossings. Work to strengthen or replace bridges should be highlighted as a sensitive aspect of the development. Guidance document PPG5 “Works in, near or liable to affect watercourses” should be adhered to. Obviously the priority is to keep building materials, chemicals and machinery outwith watercourses wherever possible.

It is also essential that the potential for increased flood risks due to bank protection works at river crossing points is examined in detail. SEPA would wish to assess a report into the potential for changes in river hydrology and any proposed mitigation where appropriate.

Surface Water Drainage

SEPA would require the promoter to consider Sustainable Urban Drainage Systems where at all practicable. The CIRIA design manual on sustainable urban drainage systems, “SUDS Design Manual for Scotland and Northern Ireland (CIRIA C521)” provides detailed information on this subject. The principle is to employ attenuation or infiltration measures to help treat and control surface water from new developments, e.g. filter drains, retention ponds etc. We will require the promoter to discuss potential SUDS in detail should the proposed development proceed.

Waste Management Issues

Should it be necessary to remove gravels or other substrate from the existing rail system it may prove necessary for the promoter to undertake analysis for contaminants such as the level of hydrocarbons in gravels. The type and quality of any wastes produced from the existing system may have a bearing on their destination for disposal or re-use. Again, this should be the subject of detailed discussion between the developer and SEPA should the scheme proceed.

SEPA currently holds extremely limited data on private water supplies and the best source of information would be Environmental Health Departments of the relevant Local Authorities. We have a duty to protect groundwaters in general, therefore, the promoter of the Bill should give this due consideration.

Agenda item 1 SAK/S2/03/4/8 Stirling-Alloa-Kincardine Railway Bill Committee

10 November 2003

STIRLING-ALLOA-KINCARDINE RAILWAY AND LINKED IMPROVEMENTS BILL COMMITTEE

PRELIMINARY STAGE

WRITTEN EVIDENCE FROM SCOTTISH WATER

After consideration of the route of the link road there may be a requirement for minor diversions to both water mains and sewers at the roundabout at Hilton Rd. There is a 450mm trunk sewer which follows the line of the Brothie burn which will cross the new road. Consideration of the structural integrity of this sewer will have to be made if the new ground level is to be increased. There is also a 12” water main, which follows the proposed route of the road from the roundabout at Hilton Rd to approx east of Hilton Crescent. This water main may have to be diverted throughout this length. Any increase in ground levels may also necessitate the raising of manhole covers in the area to the rear of Hilton Crescent. The cost of any works still requires to be fully costed.

With regard to the contact made with Scottish Water by Fergus Cochrane on 28 October 2003 I can confirm that:

Scottish Water has nothing more to add on the subject of private water supplies to that detailed in the letter from Marcia Banks (Scottish Water Resources Co- ordinator) dated 11 October 2003.

Scottish Water made comment in Vol. 2 chapter 12 of the Water Resources document as a consultee and again has nothing further to add.

Agenda item 1 SAK/S2/03/4/9 Stirling-Alloa-Kincardine Railway Bill Committee

10 November 2003

STIRLING-ALLOA-KINCARDINE RAILWAY AND LINKED IMPROVEMENTS BILL COMMITTEE

PRELIMINARY STAGE

WRITTEN EVIDENCE FROM ARUP

1 INTRODUCTION

1.1 Arup has been commissioned by the Scottish Parliament to provide a high- level review of the noise and vibration elements of the Environmental Statement submitted in support of the Stirling - Alloa - Kincardine Railway and Linked Improvements Bill.

2. REMIT

2.1 The Stirling - Alloa - Kincardine Railway and Linked Improvements Bill was introduced to the Scottish Parliament in May 2003. It is a private bill promoted by Clackmannshire Council.

2.2 The Bill is currently at Preliminary Stage. The Committee examining the Bill decided to commission this review as part of its consideration of the Bill at Preliminary Stage.

2.3 The scope and structure of this review was agreed as part of awarding the commission. The key objectives of this report are to review:

x The assessment methodology and identify whether it reflects current good practice; (see Section 4 of this review)

x The impacts and effects identified and confirm whether and any significant effects, or significant effects of particular importance, may have been missed; (see Section 5 of this review)

x Proposed mitigation including its appropriateness, reasonableness and practicability; (see Section 6 of this review)

x Whether there are any topics or questions that should be addressed by the promoter prior to the Committee taking evidence at Consideration Stage (if the Parliament agrees the general principles of the Bill at the end of Preliminary Stage). (see Section 7 of this review) 2.4 Prior to addressing each of these objectives, it is appropriate to provide general comments on the scope of the noise and vibration and vibration assessment (Section 3).

3. SCOPE OF NOISE AND VIBRATION ASSESSMENT

3.1 The review has been hampered by the lack of a section in the noise and vibration part of the Environmental Statement that sets out the scope of the assessment. The alternative would have been to reference a scoping report, but this report does not appear to have been generated even though it is standard practice to do so.

3.2 Whilst a high level scope is presented at section 4.1 of Volume 1 it only covers the environment disciplines considered.

3.3 A section, early in the noise and vibration part of the Environmental Statement, providing the following inventories is essential to ensure, from the outset, that all of the potential noise and vibration impacts and effects have been identified and hence assessed as appropriate: x Inventory of noise & vibration sources; x Inventory of noise and / or vibration sensitive receptors; and x Inventory of possible noise and / or vibration impacts and effects.

3.4 No obvious omissions have been identified by the review or the brief site visit that has been possible before completing this report. Nevertheless, the inventories should be compiled and consulted on to provide a rigorous check that all of the possible issues have been identified.

3.5 The scoping study should also have considered the spatial and temporal scope.

3.6 The temporal scope is key because this is where assumptions about the operational patterns on the railway are generally documented. This is critical because the number, type and speed of trains determine the noise and vibration impact. Other sections of the Environmental Statement document operational assumptions. However, no confirmation appears to be given that the noise and vibration assessment is based on the worst traffic assumptions in the first 15 years of operation, as is standard practice (and required by GoMMMs and the Noise Insulation Regulations).

4. ASSESSMENT METHODOLOGY

Prediction Methods

4.1 The approach taken to construction noise is generally accepted practice other than the reference to International Standard ISO 9613-2. In the UK the complete process for evaluating construction noise is presented in the relevant British Standard, BS 5228 (Parts 1 to 3). 4.2 No specific prediction methods for construction vibration are presented because it is concluded from experience and available literature that none of the forms of construction proposed are likely to give rise to significant levels of vibration. In terms of the sources considered, we would support this conclusion.

4.3 It is possible that vibratory compaction may be required as part of constructing either the railway works or the Alloa Eastern Link Road. Additionally dynamic track stabilisation may be employed in completing the track work installation. Both these activities involve ’shaking’ the ground close to properties which could give rise to significant, albeit short term, vibration. These matters should be considered further. 4.4 Operational noise predictions have been carried out using the national standard prediction methods implemented by commercial software. 4.5 For the railway it would appear that a standard source height commensurate with wheel/rail (rolling) noise has been assumed. This is correct for high-speed trains, electric multiple units and un-powered carriages/wagons. 4.6 In this scheme, however, the services will be diesel multiple units for passengers or diesel locomotive hauled trains for freight. In either case there is a dominant noise source from the diesel engine sources at high level (~ 4 metres above rail). This is an important factor when assessing the attenuation provided by natural screening or mitigation provided by barriers. For attenuation of noise to be achieved by a barrier, it must break the line-of-sight between the source and the receiver. (See Appendix B, Figure 1) In many situations on this project, the track and housing elevation are such that a 2m high barrier fence would not break this line-of-sight, and hence no attenuation would be provided for the important diesel exhaust noise component on passenger services and the main diesel power unit on freight services. 4.7 It is agreed that, freight services are likely to generate higher levels of wayside vibration than the passenger services. However, this does not mean that the contribution of passenger train services to the wayside vibration exposure can be ignored as has been assumed in the assessment.

4.8 It is also agreed that it is extremely unlikely that the level of vibration likely to be generated by the scheme could give rise to any risk of damage to buildings (even cosmetic damage).

4.9 The assessment notes that there are no standard methods for predicting groundborne vibration from a new railway. Whilst this is correct there are a number of proven approaches developed for other UK rail projects that have been published and could have been used.

4.10 In lieu of a prediction method, founding the assessment on vibration measured in the wayside of a similar rail service is an acceptable and standard approach.

4.11 The validity of the predictions made for the project is therefore dependant on the validity of the measured data.

4.12 There has been concern about the consistency of available equipment and methods used to measure Vibration Dose Values.(See Appendix A)The Association of Noise Consultants has investigated this. The results are soon to be published in the Institute of Acoustics Bulletin. The conclusion is that there is generally a high level of consistency between different equipment and methods but there is one instrument that has given rise to measurements that are consistently high (generally at twice the actual level present).

4.13 Given the importance of the vibration measurements undertaken to the overall assessment, it is imperative that the frequency weighting functions and calibration of the equipment at the time it was used is checked in detail.

4.14 The measured data has then been scaled for a number of factors to make predictions for the project including: inter-train variability, number of trains, train speed, distance between receptor and railway and the response of the receiving building. We have a number of detailed concerns about the factors used.

4.15 Overall we are concerned about the prediction process used. The current approach is like to be significantly over-estimating the levels of operational vibration. The prediction method should therefore be checked and re- evaluated as necessary. This is important because, as discussed later, the vibration values currently predicted appear very high when considered against the relevant British Standards and the project’s evaluative criteria.

Evaluative Criteria

4.16 Construction noise criteria proposed are somewhat more onerous than those generally applied to UK rail projects. This is because they are largely derived from Minerals Planning Guidance note 11 (Appendix 6A, Volume 3 of the Environmental Statement). Mineral extract activities are quite similar to some forms of construction. However, the guidance in MPG 11 is more onerous by intent, given that mineral extraction sites operate for considerably longer periods of time than construction sites and hence the provision of greater noise control is appropriate.

No specific construction vibration criteria are presented. Refer to comments under paragraph 4.2

4.17 The assessment criteria developed appear to be unique to this project and do not concur with the approach adopted for other railway projects in the UK.

4.18 No reference is made to the Mitchell Committee Report ’Railway Noise and the Insulation of Dwellings’ HMSO 1991. Whilst this committee was tasked with recommending a national noise insulation standard for railways equable with that for roads, it drew together significant data on the assessment of railway noise per se. In particular it concluded that people are less annoyed by railway noise than road traffic noise at the same equivalent continuous noise level. (See Appendix A).

4.19 This is important when an assessment is being made of changes in noise level. The DMRB methodology is comparing like with like, i.e. existing road traffic noise with future road traffic noise. In this case we are comparing future train noise with existing ambient noise, generally controlled by road traffic noise. This "railway noise dividend" is usually included in the assessment criteria – e.g. a noise change of 6 dB is required to trigger a significant noise impact rather that an increase of 3 dB.

4.20 Reference is also made to World Health Organisation guidelines for maximum pass-by noise levels. A level of 60dBLAmax,fast would be exceeded at most residential properties during the night by individual road vehicles passing on public roads. It is unrealistic to use an 'open window' based criteria for any new infrastructure project. Additionally existing noise levels at some of the receptors considered already exceed this criterion.

4.21 Reference to the Noise Insulation Regulations (Railways and other Guided Transport Systems) is not strictly relevant to the Environmental Assessment process or Scottish legislation. Since 1996 very few residential properties have qualified in England and Wales under these regulations. Even the Channel Tunnel Rail Link is unlikely to trigger more than 15 qualifying properties. 4.22 For a modest railway scheme to be unable to mitigate railway noise levels to below the trigger values in these Regulations might not be considered satisfactory. Therefore, all reasonable steps should be taken in the design to obviate qualification for Noise Insulation under these Regulations.

4.23 The criteria adopted for the assessment of the Alloa Eastern Link Road are consistent with standard practice.

4.24 The approach adopted for the assessment of fixed plant is acceptable but is really a matter for detailed design.

4.25 New housing needs to be defined in a scoping section, as discussed earlier. It is normal to assess the impact on land that already has planning consent for new housing as if that housing already existed. The assumption should be that the permission for housing was granted without knowledge of the future railway proposals. The housing developments can then be assessed in the same manner as all other residential receptors avoiding the complexity found in the Environmental Statement that presents another assessment method for these cases.

4.26 The basic form of the criteria for operational vibration defined around Vibration Dose Values , is consistent with current best practice and relevant standards and guidance.

4.27 The semantic scale presented to describe the significance of a vibration impact on residents (Table 6.2-2 in Volume 3 of the Environmental Statement) accords with current best practice in terms of the threshold for a significant impact. However, the scale then provided to describe the significance of the severity of any impact above this threshold is very coarse (e.g. a ‘moderate’ impact on the scale used is equivalent to a ‘substantial’ impact on the scale used on other UK rail projects).

4.28 This gives rise to a greater concern in terms of identifying the need for mitigation. Section 11.5.2 (page 201 of Volume 2 of the Environmental Statement) states that the need for mitigation has been identified when the predicted Vibration Dose Values exceed 0.4 m/s1.75 during the daytime (as no service is expected at night). This is a high level.

4.29 Firstly it is the upper bound of the range of values described by British Standard 6472: 1992 as giving rise to ‘a low probability of adverse comment’. Other UK rail projects have adopted values at the lower bound of this range. A Vibration Dose Value of 0.4 m/s1.75 during the day is therefore generally only considered tolerable where it is demonstrated that it is not reasonably practicable to mitigate the vibration to achieve lower values.

4.30 Secondly this is reflected in the semantic scale used on many other projects where a Vibration Dose Value of 0.4 m/s1.75 evaluated during the daytime is at the boundary of a ‘moderate’ to ‘substantial’ impact rather than the boundary of the ‘slight’ to ‘moderate’ categories defined in this Environmental Statement.

5. IDENTIFICATION OF IMPACTS AND SIGNIFICANT EFFECTS

5.1 The approach taken to construction noise is generally accepted practice.

5.2 Whilst there is always some uncertainty in the level of construction detail at this stage of a project it should be borne in mind that this scheme is a reinstatement of an existing railway plus the construction of new short road and will not, therefore, include major civil or structural works.

5.3 Nevertheless there will be some impacts due to the proximity to housing but these can be mitigated by a standard process as discussed later.

5.4 Refer to comments under 4.2 for construction vibration

5.5 Presentation of operational noise data is difficult to understand in the report. For example, predicted absolute operational railway noise levels are presented graphically with and without mitigation. The assessment criteria are, however, based on changes in noise level. It would have been helpful, and standard practice, to identify the impacts in terms of the assessment criteria on mapping as well (termed a Noise Impact Plan). In this way impacts on a property-by-property basis could easily be seen, and the effectiveness of mitigation assessed. Instead the operational noise impacts are condensed into a summary table where properties are not identified individually only by total numbers.

5.6 The report does not differentiate clearly between impacts and effects. For infrastructure projects an impact on a cluster of properties, say an estate or village, is judged to have a greater effect that impacts on the same number of isolated properties strung out along the route. It also informs decisions on mitigation, it would be unusual to provide a noise barrier for an individual property but would be good value if a group of properties benefited.

5.7 Prediction vibration values are subject to the concerns referred to in paragram 4.15.

5.8 Additionally, predicted vibration values are presented for ground floor and first floor of receptors. Consistent with experience and best practice the levels of vibration on the first floors of buildings are significantly higher than those on the ground floors. However, the assessment identifies the need for mitigation based on the ground floor vibration levels only. The resulting residual impacts and effects on residents are not recorded.

5.9 Overall many of the shortcomings in the assessment are likely to counter balance one another such that the impacts and effects predicted to arise without mitigation may be reasonably close to the conclusions that would have been drawn using a best practice assessment methodology.

5.10 However, we consider that the shortcomings in the assessment method should still be addressed.

6. MITIGATION

6.1 The Environmental Statement refers to the fundamental requirement, as defined by the Control of Pollution Act: the need to employ best practicable means to minimise construction noise and vibration.

6.2 Given that detailed construction strategy is not available at this time, the promoter is constrained in its ability to give commitments to constrain working methods, for example, at such an early stage. This potential difficulty can be overcome by a Code of Construction Practice being developed between the Contractor and the Local Planning Authorities (this is becoming standard practice for rail projects).

6.3 This would provide a framework for the adoption of best practice to mitigate noise and vibration from construction and provide for more detailed information on construction methods, plant and timescales to be submitted to the Local Planning Authorities for their approval ahead of works taking place. It would also provide the basis for agreeing working hours and dispensations.

6.4 Only the mitigation of operational railway noise merits discussion here. All other noise impacts are mitigable by process or detailed design.

6.5 The main concern is that, having identified a number of operational railway noise impacts, the only mitigation considered is a 2m high closed boarded timber (or similar impervious material) fence. As discussed earlier these barriers are unlikely to be effective in mitigating the main (high level) diesel noise sources in most locations.

6.6 The authors appear to have only run two noise predictions, one without and one with, lengths of 2m high fencing. It is not clear how the appropriate lengths have been calculated. Assessment of this type of mitigation is normally an iterative process, i.e. a number of different heights, locations, materials and lengths are assessed until a tailored optimum is achieved. This also provides an audit trail so that residual impacts can be justified.

6.7 The height and lengths of barriers proposed based on sheets 1-17 of Figure 2.1 Scheme Design have been assessed by visual site inspection. In addition to the generic concern about the height of barriers and diesel exhaust noise, there are a number of locations where timber fencing may be impractical and access for construction and maintenance where this forms a boundary with residential land may be problematic. 6.8 There are also some specific areas where alternative construction may be appropriate.

6.9 On Sheet 1 a considerable length of fencing is shown between the railway and Causewayhead Road. This is a busy road and traffic noise would be reflected off this fence back towards the houses, which, combined with the lack of control of diesel exhaust noise would result in little benefit. Consideration could be given to a barrier of greater height, angled from the vertical or with an acoustically absorptive finish on the roadside.

6.10 On Sheet 8 there is an existing steel railway bridge over which 2m high fencing is shown on the parapet. Firstly it may be difficult to retrofit such a barrier. Secondly, such bridges are usually noisier than track on grade because rail vibration excites the steelwork and it radiates additional noise. (See Appendix B, Figure 2) Attaching any barrier to a vibrating bridge structure risks adding to the radiating surface area. A carefully detailed design is therefore required including provision of low vibration track to reduce structure-radiated noise in addition to the provision of a barrier to control the airborne noise from the wheels, rails and diesel power units.

6.11 With more attention to detailing the mitigation, it is considered that the residual operational noise effects in this scheme design could be further reduced.

6.12 The Environmental Statement correctly identifies that mitigation of operational vibration would be site specific, would be achieved through the design of the track and should be progressed during detailed design against performance requirements derived from the Environmental Statement.

6.13 Section 11.6.3 of Volume 2 of the Environmental Statement sets out the generic forms of mitigation that might be developed: x Continuous welded rail (agreed); x Preventative maintenance of low rail roughness by regular low level grinding (agreed but not currently an approach adopted by Network Rail); x Use of disc brakes on rolling stock (disc brakes significantly reduce airborne noise but have no significant effect on groundborne vibration); x Resilient rail fasteners x Resilient sleepers; x Ballast mats; or x Floating track slabs (referred to in Volume 3 of the Environmental Statement only).

6.14 The last four forms of mitigation have been successfully developed over the last 40 years to reduce groundborne noise generated in dwellings situated over, or near, rail tunnels (including underground/metro systems). Groundborne noise is an audible rumbling sound generate inside a property where railway groundborne vibration causes the walls, floors and ceilings to vibrate (often imperceptibly) and radiate noise into the rooms. (See Appendix B, Figure 1)

6.15 Human response to groundborne noise differs from human response to whole body vibration. Additionally, the way a given type of track behaves in terms of vibration isolation differs between a tunnel and a surface railway where generally it does not perform as well because it is located on a softer railway formation (track bed).

6.16 In summary, the four different types of track form discussed are, on their own, unlikely to provide any significant mitigation of wayside ‘whole body’ vibration generated by trains running on surface lines, particularly freight trains. Resilient fasteners, sleepers or ballast mats are only likely to provide mitigation if they are coupled with works to provide a more rigid railway formation. Examples are the provision of: x Ground stabilisation/strengthening and compaction of formation; or x A concrete slab (or trough) on the top of the formation.

6.17 These actions are generally practicable to effect but will significantly increase the cost of the mitigation.

6.18 In conclusion it may not be reasonably practicable to mitigate all of the adverse vibration impacts and effects associated with the scheme. 6.19 Currently the Environmental Statement, due to the shortcomings in the assessment methodology, cannot be relied upon to inform the Committee whether residual vibration impacts and effects are an unavoidable consequence of running freight services so close to many residential properties. 7. TOPICS TO BE ADDRESSED

7.1 The noise and vibration section of the Environmental Statement contains a number of technical errors and in some areas, a naive and simplistic approach. A lot of material is there, but it is not well presented and does not permit the reader to easily understand the approach or outcome. Several stages of the assessment do not reflect current good practice. There are matters identified in bold text in this review as summerised in paragraph 7.6.

7.2 Notwithstanding this, the overall picture concurs with experience drawn from many similar projects.

7.3 Construction noise and vibration impacts will occur but these will be of a temporary nature. Associated road works including station access, re- instated level crossings and the Alloa Eastern Link Road will not materially change road traffic noise levels along the route.

7.4 Noise from fixed plant, stations, warning systems can all be dealt with in the detailed planning process.

7.5 Railway operational noise and vibration will create a large number of adverse impacts. The currently proposed mitigation has not been worked up in sufficient detail to have confidence that these can be mitigated. In principle it is considered that this can be done, but additional assessment and design work will be required to confirm this.

7.6 It is therefore recommended that the promotor addresses the following matters. x Prepare an inventory of potential noise and vibration sources, sensitive receptors and impacts. x Commit to and draft a Code of Construction Practice. x Review and revise the assessment methodologies for operational train noise and vibration. x Check the frequency weighting functions and calibration of the equipment used for train vibration measurements. x Prepare operational noise and vibration impact plans. x Tailor operational noise and vibration mitigation to address the impacts so identified.

APPENDIX A – TERMINOLOGY

ENVIRONMENTAL NOISE AND VIBRATION TERMINOLOGY

USED IN THIS REVIEW dB(A) The unit generally used for measuring environmental, road or rail traffic noise is the A-weighted sound pressure level in decibels, denoted dB(A). An A-weighting network can be built into a sound level measuring instrument such that sound levels in dB(A) can be read directly from a meter. The weighting is based on the frequency response of the human ear and has been found to correlate well with human subjective reactions to various sounds. It is worth noting that an increase or decrease of approximately 10 dB corresponds to a subjective doubling or halving of the loudness of a noise, and a change of 2 to 3 dB is subjectively barely perceptible.

EQUIVALENT CONTINUOUS SOUND LEVEL An index for assessing the overall noise exposure is the equivalent continuous sound level, Leq. This is a notional steady level that would, over a given period of time, deliver the same sound energy as the actual time-varying sound over the same period. Hence fluctuating levels can be described in terms of a single figure level.

MAXIMUM NOISE LEVELS In the context of this review maximum noise levels refer to the highest noise level at the receptor during the passage of a train. The unit, LAmax, fast is that level in decibels when measured with a meter having a defined ’fast’ time weighting.

VIBRATION DOSE VALUES For intermittent vibration such as that experienced during the passage of a train this unit provides for both magnitude and duration of exposure. Thus the ’vibration doses’ for a number of different trains can be summed to obtain the total vibration dose for a time period under consideration.

Appendix B:

Train noise and vibration

2m High Noise Barrier

Rolling noise

Diesel noise

Groundborne Vibration

Nois Y e

Perceptible Vibration

Figure 1

Appendix B:

Train noise and vibration

Rolling noise

Diesel noise Structure-radiated noise

KEY Noise Figure 2 Agenda item 1

SAK/S2/03/4/10

Stirling-Alloa-Kincardine Railway Bill Committee 10 November 2003

STIRLING-ALLOA-KINCARDINE RAILWAY AND LINKED IMPROVEMENTS BILL COMMITTEE

PRELIMINARY STAGE

SUPPLEMENTARY WRITTEN EVIDENCE FROM MVA

Background

1.1 In February 2002 MVA presented a report to Scottish Enterprise Forth Valley which provided detailed appraisals of a number of alternative proposals for the reopening of the Stirling – Alloa – Kincardine Rail Line (Ref. [1]).

1.2 In February 2003 MVA were asked to consider a further four scenarios, referred to as P, Q, R and S, involving a range of assumptions about the annual demand for rail-borne coal at Longannet Power station. These assumptions ranged from 0.5m tonnes to 4m tonnes per annum These new scenarios also incorporated revised estimates of the capital costs of the scheme and took account of the revision of the recommended discount rate from 6% to 3.5%. The cost benefit analysis of these four scenarios were reported in an information note A1 (Ref [2]).

1.3 In June 2003, MVA were again approached by the Scottish Executive to consider a further scenario, (Scenario T) with a revised capital cost estimate broadly consistent with those used for Scenarios P, Q, R & S and an assumed demand for rail-borne coal of 3.5m tonnes per annum. The cost benefit assessment of this scenario was provided in an email response but never written up as a formal note.

1.4 In September/October 2003 MVA were asked to provide evidence to a Parliamentary Committee which had been set up to consider the Bill necessary to re-open the railway. During the preparation of the evidence for this committee, a number of additional scenarios regarding the life-span of Longannet Power Station (LPS) were identified. The key measures of the cost- benefit analysis of some of these were summarised in a Memorandum on the Need for the Railway submitted to the Parliamentary Committee on Monday 20 October and in David Connolly’s oral evidence to the committee on 27 October 2003.

1.5 At this committee MVA were asked to provide additional written evidence supporting these cost-benefit estimates.

1.6 This note summarises MVA’s cost-benefit analysis of the various variants of scenario T

Ã Ã Ã

Assumptions

2.1 The assumed demand for rail-borne coal at Longannet Power Station is as per Scenario T, namely 3.5m tonnes per annum, made up of 0.4m tonnes from Thornton and 3.1m tonnes pa from a combination of imported coal via Hunterston and the open cast mines in Ayrshire (both via Mossend). Note that this broadly matches the current supply of rail-borne coal at Longannet Power station and takes account of the recent closure of the deep mine at Longannet and the capacity constraints imposed by the Forth Rail Bridge.

2.2 It should be noted that this represents a conservative estimate of the demand for rail-borne coal at LPS when the Stirling-Alloa-Kincardine rail link is reopened, since it does not assume any transfer from road to rail. (ScottishPower’s evidence to the Parliamentary Committee suggests that the demand for rail- borne coal might actually rise to up to 5m tonnes per annum if the SAK rail line was re-opened).

2.3 A discount rate of 3.5% has been assumed, as per current Treasury Guidelines.

2.4 A capital cost of £37.15m + 15% contingency (in May 2003 prices) has been assumed.

2.5 Other assumptions are as per the original February 2002 MVA study. These include:

x the SAK rail line is assumed to re-open in 2006;

x all coal traffic to Longannet Power Station would be diverted away from the Forth Bridge, allowing Scottish coal trains to convert to the more efficient Bogie wagon formation (as discussed in Chapter 4 of MVA’s February 2002 MVA report (Ref. [1]);.

x the resulting cost savings per tonne are as provided by the SRA and reported in MVA’s February 2002 report (Ref [1]);

x seasonal variation in demand for coal at LPS has been ignored;

x the Stirling-Alloa passenger service is assumed to be 1 train per hour in each direction, created by extending an existing Glasgow-Stirling service;

x potential network reliability benefits from removing freight trains from the main Edinburgh-Glasgow and Forth Rail Bridge rail corridors are estimated as per section 4.7 of MVA’s February 2002 report (Ref [1]);

x sensitivity analysis considering the possible re-use of the additional paths on the Forth Rail bridge assumes an hourly semi-fast passenger service from Markinch to Edinburgh Waverley, calling at Kirkcaldy, Inverkeithing and Haymarket;

x benefits arising from the reduction in rail crowding on existing cross-Forth rail services are ignored;

Ã Ã

x costs and benefits of providing additional non-coal freight services on the reopened line are ignored; and

x wider economic benefits to the Clackmannan area arising from the new passenger service are ignored.

2.6 Four scenarios regarding the life-span of LPS are considered, namely: x LPS power station remains open for the full 30-year appraisal period (with a demand for rail-borne coal of 3.5m tonnes per year); x LPS shuts at the end of 2020 (ie 15 years @3.5m tonnes pa); x LPS shuts at the end of 2015 (ie 10 years @3.5m tonnes pa); and x LPS shuts at the end of 2012 (ie 7 years @3.5m tonnes pa).

2.7 The various costs and benefits for these four scenarios are summarised in the following section of this note.

2.8 In the early closure scenarios there is a significant reduction in the indirect benefits shown. The benefits of the additional Markinch service and reliability improvements would continue to arise but they are no longer attributed to the project as it is assumed they could be achieved by waiting for Longannet Power Station to close and the paths on the Forth Rail Bridge freed up in that way.

Estimates of Costs and Benefits

3.1 Table 3.1 provides a summary of MVA’s estimates of the quantified costs and benefits.

3.2 The benefits and costs included in this assessment are as follows:

x traveller benefits (direct benefits to users of the passenger rail services and secondary decongestion benefits from the reduction in road congestion);

x freight benefits (from the more-efficient delivery of rail-borne coal)

x public transport operator benefits – change in fare revenues (including abstraction from bus);

x public transport operating costs;

x Government tax impacts (the change in direct and indirect tax revenues resulting from changes in traveller expenditure on fares and petrol);

x present value of benefits (PVB) – the sum of the above;

x present value of the capital cost (PVC) (in 1998 prices and values);

x net present value (NPV = PVB – PVC).

Ã Ã

3.3 All values are quoted in 1998 Market prices and values.

The methodology used is as recommended in current Treasury guidance

Table 3.1 30-Year Costs and Benefits $GGLWLRQDO 6FHQDULR 5HOLDELOLW\ 7RWDO 7RWDO

Table 3.2 shows the predicted impact of early closure of Longannet Power station on the relevant 30-year benefit streams.

Table 3.2 Effects of Early Closure of Longannet Power Station )XOO &ORVXUH &ORVXUH &ORVXUH

Ã Ã

References

[1] ‘Stirling –Alloa – Kincardine Rail Line Reopening Benefit Study – Final Report’ MVA, February 2002

[2] ‘Additional Option Tests’, Information Note A1, MVA, 5 February 2003

[3] ‘Stirling-Alloa-Kincardine Railway and Linked Improvements Bill, Promoter’s Need for Railway and Associated Works Memorandum’, Babtie Group, 20 October 2003

Ã Agenda item 1 SAK/S2/03/4/11 Stirling-Alloa-Kincardine Railway Bill Committee

10 November 2003

STIRLING-ALLOA-KINCARDINE RAILWAY AND LINKED IMPROVEMENTS BILL COMMITTEE

PRELIMINARY STAGE

SUPPLEMENTARY WRITTEN EVIDENCE ON THE NEED FOR RAILWAY AND ASSOCIATED WORKS

PROMOTER’S MEMORANDUM

Introduction

1 The purpose of this memorandum is to provide supplementary information to the Stirling-Alloa-Kincardine Railway And Linked Improvements Bill Committee on issues raised in connection with the need for the Bill on 27 October 2003.

Economic Analysis

2 The Convenor has requested substantiation of figures relating to the economic analysis of the route re-opening project and the impact of a possible early closure of Longannet Power Station in 2012/2016.

1 3 This is provided in Information Note No A2 which is appended to this report as Appendix A.

4 Table 3.2 in the Information Note No A2 provides the substantiation of the statements that the “30-year total benefits of the route re-opening are over £35m” and that “The net present value is between £15m and £19m” quoted in the Promoter’s Need for Railway and Associated Improvements Memorandum2.

1 Information Note No A2, MVA, 30 October 2003 2 Promoter’s Need for Railway and Associated Improvements Memorandum, submitted to the Parliament on 20 October 2003

5 Table 3.1 and Table 3.2 in the Information Note No A2 also provide the substantiation of the statement that “Including network reliability benefits elsewhere on the rail network this aspects contributes £18m of the 30-year benefits of the route re-opening” as does Table 4.1 of Information Note No A1.3

6 Table 3.2 in the Information Note No A2 provides the substantiation of the statement that “Early closure of Longannet Power Station (in 2020) would reduce direct benefits of the route re-opening by about 23% to £27 m and reduce the secondary benefits by around 60% to £7 m.”

7 The net present value of the project should Longannet Power Station close early in 2012 is between -£15.0m and -£14.1m, as stated in Table 3.2 of Information Note A2. This is based on the conservative assumptions of only 3.5m tonnes of rail-borne coal per annum with no transfer from road to rail, and excludes: economic development benefits in Clackmannanshire; benefits from a reduction in Fife-Edinburgh rail crowding; and benefits of non-coal freight opportunities. Therefore it may be considered as a worst-case scenario.

4 8 It would then be for the project’s funders to consider whether financial support would continue to be made available based on this and other information. It is worth noting that the Scottish Executive’s Scottish Transport Appraisal Guidance5 recommends consideration of schemes under a number of headings including environment, safety, economy, integration, accessibility and social inclusion, cost to government and risk and uncertainty.

Justification for Land Take

9 The Convenor has noted that the land take connected to the Bill is detailed in Volume 2 of the Environmental Statement, but is not justified therein. The Promoter accepts that this is the case and within this supplementary memorandum seeks to identify the justification for seeking compulsory purchase powers over each plot of land.

3 Information Note No A1, MVA, 5 February 2003 4 Refer to the Promoter’s Funding Memorandum submitted to the Parliament on 27 October 2003. 5 Scottish Transport Appraisal Guidance version 1.0, Scottish Executive, September 2003

10 To justify the land take it is first necessary to justify the work. The overall justification for the work is detailed within the Promoter’s Memorandum in general terms, and in more detail in the Explanatory Notes6 and Promoter’s Need for the Railway and Associated Works Memorandum7. The Bill then describes the works, and their environmental impacts are assessed in the Environmental Statement.

11 Paragraphs 2.2.1 and 2.2.2 of Volume 1 of the Environmental Statement briefly touches on the need for additional land out with that currently owned by Network Rail Infrastructure Limited (Network Rail). This land is required for permanent works which extend beyond the existing railway boundary, and for temporary access and storage purposes. In addition, section 3.5 of Volume 2 of the Environmental Statement, along with Tables 3.6 and 3.7 consider the environmental impacts of the land take.

12 Further details of the principal purposes for which compulsory purchase powers are being sought is given in the Explanatory Notes paragraphs 84 to 90. It should also be noted that land take is divided into a number of different categories, namely:8

(i) Temporary acquisition of land outside limits of deviation: (See Schedule 8 to Bill);

(ii) Acquisition of rights: (See Part 2 of Schedule 7 to Bill);

(iii) Land (existing route) not to be compulsorily acquired; and

(iv) Permanent acquisition of land within limits of deviation.

13 The land take calculated for these four headings is as follows:

(i) Temporary acquisition – 16.7 hectares

(ii) Acquisition of rights only – 7.6 hectares

(iii) Land within existing route9 - 36.2 hectares

6 Refer to paragraphs 22 to 45 of the Explanatory Notes accompanying the Bill 7 Promoter’s Need for Railway and Associated Works Memorandum, submitted to the Parliament on 20 September 2003. 8 Refer to the Maps, Plans & Sections accompanying the Bill 9 Owned by Network Rail

(iv) Permanent acquisition –18.4 hectares

14 This means that the Bill works require 79 hectares of land, of which 36.2 hectares (46 %) is already owned by Network Rail and an additional 14.7 hectares (19 %) is owned by members of the Project Steering Group10. Therefore 28.1 hectares (35 %) are to be acquired from private landowners, corporate landowners and utility provides via compulsory purchase powers.

15 Of these 28.1 hectares, 8.3 hectares (11 %) is permanent acquisition, 12.2 hectares (15 %) is temporary acquisition and the remaining 7.6 hectares (10 %) is for acquisition of rights only.

16 More specific justification of each work in relation to the land take associated with it is detailed in Table 1 appended to this report as Appendix B. The justification for each individual plot is then given in Table 2, also in Appendix B.

Environmental Statement

17 The Convenor has requested assurances that in the Environmental Statement the Promoter has assessed the impact of construction and operation of the re-opened railway on adjoining and neighbouring communities and balanced it against the alleviation of the current effects of coal-truck traffic.

18 The Environmental Impact Assessment (Scotland) Regulations 1999 implement the requirements of EC Directive 85/337/EEC (as amended by EC Directive 97/11/EC). These require, inter alia, a description of the development and of the likely significant effects of the development on the environment. The significant effects are required to include indirect and secondary effects. For the environmental assessment the Promoter interpreted this requirement as the need to assess any works giving rise to potential significant impacts which would be undertaken as a consequence of the Bill works.

19 Table 2.1 of Volume 1 of the Environmental Statement describes the works that were assessed as part of the environmental impact assessment. Assumptions were made on how these would be built or

10 Refer to the Promoter’s Memorandum paragraph 15

operated in order to establish that the likely environmental effects could be established.

20 The Bill is being promoted primarily as a means of re-routing existing rail- based coal traffic, and not as a direct means of re-routing road-based coal traffic. By re-routing rail-based traffic to a shorter, faster and more economically viable route it is hoped, and indeed Scottish Power11 has indicated there is scope for, modal transfer to occur, and hence the subsequent transfer of up to 2 m tonnes of road-borne coal onto rail.

21 In addition it should be noted that the Promoter was aware at the time of undertaking the environmental impact assessment that proposals existed for effectively bypassing Kincardine village by construction of the Kincardine Eastern Link Road and the Upper Forth Crossing and its associated road infrastructure. These projects are being promoted by others, including members of the Project Steering Group12. Construction of the Kincardine Eastern Link Road began in Spring 2003 with completion estimated for Autumn 2004. The estimated construction commencement date for the Upper Forth Crossing and its associated road infrastructure has not yet been confirmed. The earliest expected start date is 2005, pending successful completion of ongoing statutory processes.

22 Therefore, the current coal-truck traffic pattern through Kincardine village and its environs is expected to change over the next few years, regardless of the Stirling - Alloa - Kincardine railway route re-opening project. This means that the local benefits to the community of Kincardine from modal shift, from road-based lorries to rail, could be negligible, as the majority of the benefits are achieved by other projects. The Environmental Statement and the benefit study13 were carried out on this basis, effectively ignoring the potential benefits as they were not considered significant and cannot necessarily be directly attributed to the Bill works.

23 Furthermore, the Promoter does not have any influence over decisions to transfer the coal from road to rail, and therefore took a cautious and conservative approach towards relying on any potential benefits.

11 Refer to the Written Evidence From Scottish Power On Need For Railway and Associated Works, Agenda item 1 SAK/S2/03/2/6 12 Refer to the Promoter’s Memorandum paragraph 15. 13 Stirling - Alloa - Kincardine Rail Line Reopening Benefit Study Final Report, MVA, February 2002

24 In conclusion, the Promoter considers that the Environmental Statement has assessed the impact of construction and operation of the re-opened railway on adjoining and neighbouring communities and balanced it against the alleviation of the current effects of coal-truck traffic.

Appendix A

Information Note No A2

Appendix B

Justification for Land Take

Table 1 – High Level Justification of Land Take

Land Take (Hectares) Bill Work High Level Justification of Land Take Permanent Temporary14 Railway Works Work No. 1 Required to re-open the railway line 33.35 19.45 Required to maintain access to private properties following the closure of Causewayhead level Work No. 1A - 0.25 crossing and upgrading of Waterside level crossing Required to maintain access to private property Work No. 1B 0.35 0.25 following the closure of Abbeycraig level crossing Required to maintain pedestrian access following Work No. 1C 0.51 0.07 the closure of Grange Road level crossing Required to maintain access to private property Work No. 1D 0.16 - following the closure of Grange Road level crossing Required to provide a passenger only rail siding to Work No. 1E 0.13 0.94 Alloa Station Required to provide vehicular and pedestrian Work No. 1F 0.97 - access to Alloa Station Required to maintain pedestrian access following Work No. 1G 0.23 - the closure of Hilton Road level crossing Sub Total 35.70 20.96 Major Road Works Required to maintain vehicular and pedestrian access and traffic circulation and access to private Work No. 2 3.71 1.97 property following the closure of Hilton Road and Hilton Farm level crossings Required to maintain vehicular and pedestrian Work No. 2A 0.13 - access to Hilton Road following the closure of Hilton Road level crossing Required to maintain vehicular and pedestrian Work No. 2B 1.16 - access to private property following the closure of Hilton Farm level crossing Included in Included in Required to maintain vehicular and pedestrian Work No. 2C Work No. Work No. access to private property following the closure of 2B 2B Hilton Farm level crossing Required to divert the A907 following closure of Work No. 2D 3.24 - Hilton Road and Hilton Farm level crossings and associated changes to traffic circulation Sub Total 8.24 1.97 Ancillary Works Required in connection with the railway and major 1 – 13 inclusive 0.78 11.35 road works

14 Includes acquisition of rights

Table 2 – Detailed Justification of Land Take

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) 1 456 Temporary Acquisition Temporary acquisition of land is required for an access to the trackside at Stirling Station. 2 0 Number not used N/A 3 0 Number not used N/A 4 0 Number not used N/A 5 0 Number not used N/A 6 0 Number not used N/A 7 317 Temporary Acquisition Land is part of existing route. Land is solely owned and occupied (Land Existing Route (Not by Network Rail and is therefore not to be acquired. to be acquired)) 8 1,110 Land Existing Route N/A (Not to be acquired) 9 0 Number not used N/A 10 0 Number not used N/A 11 672 Temporary Acquisition There is no longer a requirement to acquire the whole of Plot 11. (to be It estimated that only a very small section of Plot 11 will be reduced) required for the construction works. 12 1389 Temporary Acquisition Temporary acquisition of the whole of Plot 12 is no longer (to be required. A legal undertaking has been given not to acquire the reduced) Sub-station building or sub-station access from Mr and Mrs Pedder. Temporary acquisition of land is being sought for the remainder of the plot to allow access to the retaining wall bounding Network Rail owned land. 13 224 Land Existing Route N/A (Not to be acquired) 14 28 Land Existing Route N/A (Not to be acquired) 15 238 Temporary Acquisition Temporarily acquisition of land is required for the purpose of gaining access to carry out bridge repair works on the Forth Viaduct. 16 49 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers.

17 57 Temporary Acquisition Temporary acquisition of land is required for the purposes of gaining access to carry out bridge repair works on the Forth

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) Viaduct. 18 55 Temporary Acquisition Temporary acquisition of land is required for the provision of (Land Existing Route working space for bridge repair works on the Forth Viaduct. Land (Not to be acquired)) is owned by Network Rail and forms part of the Stirling to Perth route and is therefore not to be acquired. 19 354 Temporary Acquisition Temporary acquisition of land is required for the purpose of gaining access to carry out bridge repair works on the Forth Viaduct. 20 3424 Temporary Acquisition Temporary acquisition of land is required for the use of carrying out scour protection work on the piers of the Forth Viaduct. 21 3306 Temporary Acquisition Temporary acquisition of land is required for the use of carrying out scour protection work on the piers of the Forth Viaduct. 22 669 Temporary Acquisition Temporary acquisition of land is required for the use of carrying out scour protection work on the piers of the Forth Viaduct. 23 282 Temporary Acquisition Land is part of existing Stirling to Perth route. Temporary acquisition of land is required for the provision of working space for repairs to the Forth Viaduct. 24 21 Acquisition of Rights Land is part of existing Stirling to Perth route. Rights are to be acquired for purpose of carrying out scour protection works on the Forth Viaduct. 25 54 Acquisition of Rights Rights are to be acquired for purpose of carrying out scour (Land Existing Route protection works on the Forth Viaduct. Land is owned by Network (Not to be acquired)) Rail and forms part of the Stirling to Perth route and is therefore not to be acquired. 26 21 Acquisition of Rights Rights are to be acquired for purpose of carrying out scour (Land Existing Route protection works on the Forth Viaduct. Land is owned by Network (Not to be acquired)) Rail and forms part of the Stirling to Perth route and is therefore not to be acquired. 27 243 Temporary Acquisition Temporary acquisition of land is required for the provision of (Land Existing Route working space for repairs to the Forth Viaduct. Land is owned by (Not to be acquired)) Network Rail and forms part of the Stirling to Perth route and is therefore not to be acquired. 28 25 Acquisition of Rights Rights are to be acquired for purpose of carrying out scour (Land Existing Route protection works on the Forth Viaduct. Land is owned by Network (Not to be acquired)) Rail and forms part of the Stirling to Perth route and is therefore not to be acquired.

29 52 Acquisition of Rights Rights are to be acquired for purpose of carrying out scour (Land Existing Route protection works on the Forth Viaduct. Land is owned by Network

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) (Not to be acquired)) Rail and forms part of the Stirling to Perth route and is therefore not to be acquired. 30 24 Acquisition of Rights Rights are to be acquired for purpose of carrying out scour (Land Existing Route protection works on the Forth Viaduct. Land is owned by Network (Not to be acquired)) Rail and forms part of the Stirling to Perth route and is therefore not to be acquired. 31 171 Temporary Acquisition Temporary acquisition of land is required for the provision of (Land Existing Route working space for repairs to the Forth Viaduct. Land is owned by (Not to be acquired)) Network Rail and forms part of the Stirling to Perth route and is therefore not to be acquired. 32 187 Temporary Acquisition Temporary acquisition of land is required for the provision of (Land Existing Route working space for repairs to the Forth Viaduct. Land is owned by (Not to be acquired)) Network Rail and forms part of the Stirling to Perth route and is therefore not to be acquired. 33 317 Temporary Acquisition Temporary acquisition of land is required for the provision of (Land Existing Route working space for repairs to the Forth Viaduct. Land is owned by (Not to be acquired)) Network Rail and forms part of the Stirling to Perth route and is therefore not to be acquired. 34 245 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 35 30 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 36 67 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 37 32 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 38 206 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 39 20 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers.

40 57 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) owners/occupiers. 41 26 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 42 144 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 43 72 Temporary Acquisition Temporary acquisition of land is required for the provision of working space to carry out repairs on the Forth Viaduct. 44 96 Permanent Acquisition Land is required for carrying out bridge repair works on the Forth Viaduct. 45 254 Permanent Acquisition Land is required for carrying out bridge repair works on the Forth Viaduct. 46 284 Temporary Acquisition Temporary acquisition land is required for the purpose of providing working space for carrying out bridge repair works on the Forth Viaduct. 47 8385 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 48 541 Acquisition of Rights Rights are being acquired for the purpose of gaining access for plant to the underside of the Forth Viaduct to carry out repair works. 49 918 Acquisition of Rights Rights are being acquired for the purpose of gaining access for plant to the underside of the Forth Viaduct to carry out repair works. 50 89 Acquisition of Rights Temporary acquisition of land is required for the provision of a construction compound. Construction compound is necessary in this location do to the lack of other suitable ground in proximity to the Forth Viaduct. 51 62 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 52 40 Permanent Acquisition Permanent acquisition of land is required for repair and maintenance of the embankment retaining walls on approach to the underbridge at the entrance to Stirling County Rugby Club.

53 6110 Temporary Acquisition Temporary acquisition of land is required for the provision of a construction compound. Construction compound is necessary in

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) this location do to the lack of other suitable ground in proximity to the Forth Viaduct. 54 14744 Land Existing Route N/A (Not to be acquired) 55 777 Temporary Acquisition Temporary acquisition of land is required for the construction of a temporary access to Stirling County Rugby Football Club car park which is to be used as a construction compound. 56 58 Temporary Acquisition Temporary acquisition of land is required for the construction of a temporary access to Stirling County Rugby Football Club car park which is to be used as a construction compound. 57 3994 Acquisition of Rights and Temporary acquisition of land is required for the purpose of Temporary Acquisition carrying out bank protection works on the River Forth to prevent erosion of the railway embankment. 58 1987 Land Existing Route N/A (Not to be acquired) 59 5312 Acquisition of Rights Rights are to be acquired for the purpose of carrying out bank protection works on the River Forth to prevent erosion of the railway embankment. 60 698 Acquisition of Rights Rights are to be acquired for the purpose of gaining a permanent access point to re-opened line at Causewayhead Level Crossing. 61 81 Permanent Acquisition Land is required for the closure of Causewayhead Level Crossing. 62 170 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 63 5375 Land Existing Route N/A (Not to be acquired) 64 159 Permanent Acquisition Land is required for the installation of level crossing equipment at Waterside level crossing. 65 173 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 66 140 Permanent Acquisition Permanent acquisition of land is required for the installation of level crossing equipment at Waterside level crossing. 67 53 Permanent Acquisition Land is required for the construction of a Relocatable Equipment Building to house mechanical and electrical equipment required for the operation of the upgraded Waterside Level Crossing.

68 0 Permanent Acquisition Land no longer required. 69 1184 Permanent Acquisition - Only temporary possession of land now required. Land to be

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) Now changed to used for the construction of a new access to Waterside Cottage. temporary acquisition 70 630 Permanent Acquisition - Only temporary possession of land now required. Land to be Now changed to used for the construction of a new access to Waterside Cottage. temporary acquisition 71 639 Permanent Acquisition - Only temporary possession of land now required. Land to be Now changed to used for the construction of a new access to Waterside Cottage. temporary acquisition 72 6203 Land Existing Route N/A (Not to be acquired) 73 260 Temporary Acquisition Temporary acquisition of land is required for the purposes of closing off Abbeycraig Level Crossing. 74 173 Temporary Acquisition Temporary acquisition of land is required for the purposes of closing off Abbeycraig Level Crossing. 75 132 Temporary Acquisition Temporary acquisition of land is required for the purposes of closing off Abbeycraig Level Crossing. 76 124 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 77 8642 Temporary Acquisition Temporary acquisition is required for the provision of a construction compound and for working space, for the construction of a new link road from Ladysneuk Road to Grange Road (Work No 1B). 78 3052 Permanent Acquisition Land is required for the construction of a new link road from Ladysneuk Road to Grange Road (Work No. 1B). 79 2464 Temporary Acquisition Temporary acquisition is required for a construction compound and for working space when constructing the new access road (Work No. 1B) from Ladysneuk Road to Grange Road. 80 0 Number not used N/A 81 423 Permanent Acquisition Land required for the provision of access point to new road Work No. 1B. Stirling Council Owned Land. 82 15227 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 83 33 Acquisition of Rights Rights are being acquired for gaining access to the railway line via the adjoining track (Plot 084).

84 759 Acquisition of Rights Rights are being acquired for gaining access to the railway line. 85 1510 Temporary Acquisition Temporary acquisition of land is required to provide working

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) space and access to the inlet of Culvert 117/43C. 86 34 Permanent Acquisition Land is required for the installation of a new culvert inlet for culvert 117/43C. 87 789 Temporary Acquisition Temporary acquisition of land is required for the provision of working space for repair works on culvert 117/43C. 88 57 Temporary Acquisition Temporary acquisition of land is required for the provision of working space for repair works on culvert 117/43C. 89 8 Permanent Acquisition Land is required for the installation of a new culvert outlet for culvert 117/43C. 90 33 Permanent Acquisition Land is required for the installation of a new culvert outlet for culvert 117/43C. 91 627 Temporary Acquisition Temporary acquisition of land is required for the provision of working space for repair works on culvert 117/43C. 92 81 Acquisition of Rights Rights are to be acquired for the gaining of access to the Grangehall Drain and Culvert. 93 1322 Acquisition of Rights Rights are to be acquired for the gaining of access to the Grangehall Drain and Culvert. 94 196 Acquisition of Rights and Rights are to be acquired for the gaining of access to the Temporary Acquisition Grangehall Drain and Culvert. 95 259 Temporary Acquisition Temporary acquisition of land is required for the provision of working space and access for replacement of the Grangehall Culvert. 96 908 Temporary Acquisition Temporary acquisition of land is required for the provision of working space and access for replacement of the Grangehall Culvert. 97 93 Permanent Acquisition Land is required for the installation of replacement culvert inlet at Grangehall Culvert. 98 860 Permanent Acquisition Land is required for the installation of replacement culvert outfall at Grangehall Culvert. 99 126 Temporary Acquisition Temporary acquisition of land is required for the provision of working space and access for replacement of the Grangehall Culvert. 100 119 Permanent Acquisition Land is required for the installation of replacement Culvert Outfall at Grangehall Culvert 101 159 Temporary Acquisition Temporary acquisition of land is required for the provision of working space and access for replacement of the Grangehall Culvert. 102 197 Permanent Acquisition Land is being acquired for the purposes of providing a future pedestrian access under the A91 Stirling Eastern Distributor

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) Road. 103 157 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 104 89 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 105 269 Permanent Acquisition Land is owned by Network Rail. Notice has only been served on this plot as classed having multiple owners due to the A907 Bridge which crosses the railway at this point. 106 131 Permanent Acquisition Land is being acquired for the purposes of providing a future pedestrian access under the A91 Stirling Eastern Distributor Road. 107 4114 Land Existing Route N/A (Not to be acquired) 108 78 Temporary Acquisition Land is required for the upgrading of Manorneuk Level Crossing to a User Worked Crossing 109 32 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 110 2195 Land Existing Route N/A (Not to be acquired) 111 1666 Acquisition of Rights Rights are to be acquired for the purposes of providing access for construction and thereafter maintenance for the upgraded Manorneuk Level Crossing. 112 858 Acquisition of Rights Acquisition of access rights are required, as no other suitable access are available to carry out the upgrading of Manor Powis Level Crossing. 113 1671 Acquisition of Rights Acquisition of access rights are required, as no other suitable access are available to carry out the upgrading of Manor Powis Level Crossing. 114 236 Acquisition of Rights Acquisition of access rights are required to allow for construction works and future maintenance to the inlet of Manor Powis Culvert. 115 43 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 116 62 Land Existing Route N/A (Not to be acquired) 117 93 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers.

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) 118 108 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 119 767 Acquisition of Rights Acquisition of rights of access for construction and maintenance are required as no other suitable accesses are available for the upgrading of Manorneuk Level Crossing. 120 2155 Acquisition of Rights and Rights are to be acquired for the purposes of relocating Temporary Acquisition ScottishPower power cables. Temporary acquisition of land is required for use as a construction compound for preparing trackwork. The site has chosen for use a construction compound, as this is only field adjacent to the section of line at Manor Powis which has suitable road access for delivering construction materials. 121 746 Acquisition of Rights Land is part of existing route. Rights are to be acquired for the purposes of relocating ScottishPower power cables. 122 14998 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 123 2076 Acquisition of Rights Rights are to be acquired for the purposes of relocating ScottishPower power cables. 124 60 Acquisition of Rights Rights are to be acquired for the purposes of relocating ScottishPower power cables. 125 53 Permanent Acquisition Land is required for the construction of a new inlet to culvert 117/42A Manor Steas Burn. 126 6 Permanent Acquisition Land is required for the construction of a new inlet to culvert 117/42A Manor Steas Burn. 127 9 Permanent Acquisition Land is required for the construction of a new inlet to culvert 117/42A Manor Steas Burn. 128 1771 Acquisition of Rights Rights are to be acquired for the purposes of relocation ScottishPower power cables. 129 26 Acquisition of Rights Rights are to be acquired for the purposes of relocating ScottishPower power cables. 130 2627 Acquisition of Rights Rights are to be acquired for the purposes of relocating ScottishPower power cables. 131 3959 Acquisition of Rights Acquisition of rights is required, for gaining access for construction and future of maintenance of the upgraded Blackgrange Level crossing. 132 967 Acquisition of Rights Rights are to be acquired for the purposes of relocating ScottishPower power cables. 133 158 Permanent Acquisition Land is required for the installation of new level crossing apparatus at Blackgrange Level Crossing

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) 134 66 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 135 250 Permanent Acquisition Land is required for the installation of new level crossing apparatus at Blackgrange Level Crossing 136 11075 Acquisition of Rights Rights are to be acquired for the purposes of relocating ScottishPower power cables. Temporary acquisition of land is required for use as a construction compound for preparing trackwork and track storage. This site has been chose as construction compound due to the vicinity of the compound to the A907 and its proximity to Blackgrange Level Crossing which will be being upgraded. 137 1291 Permanent Acquisition Land is being acquired for the purposes of construction a Relocatable Equipment Building (REB) which will house the necessary mechanical and electrical equipment required by the upgraded Blackgrange Level Crossing. There were no alternatives when selecting this site as the REB must be sited adjacent to the Level Crossing which it serves. 138 12494 Land Existing Route N/A (Not to be acquired) 139 719 Land Existing Route N/A (Not to be acquired) 140 177 Land Existing Route N/A (Not to be acquired) 141 16 Land Existing Route N/A (Not to be acquired) 142 16 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 143 30 Land Existing Route N/A (Not to be acquired) 144 879 Acquisition of Rights and Temporary Acquisition of Land is required for the purposes of Temporary Acquisition carrying out bridge repair works to the Cambus Viaduct. Acquisition of Rights is required, for gaining future access for maintenance to the viaduct. 145 186 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 146 59 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 147 27 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers.

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) 148 1745 Acquisition of Rights and Temporary Acquisition of Land is required for the purposes of Temporary Acquisition carrying out bridge repair works to the Cambus Viaduct. Rights of access are to be acquired, for gaining future access for maintenance to the viaduct. 149 3512 Acquisition of Rights and Temporary Acquisition of Land is required for the purposes of Temporary Acquisition carrying out bridge repair works to the Cambus Viaduct. Rights of access are to be acquired, for gaining future access for maintenance to the viaduct. 150 961 Acquisition of Rights and Temporary Acquisition of Land is required for the purposes of Temporary Acquisition carrying out bridge repair works to the Cambus Viaduct. Rights of access are to be acquired, for gaining future access for maintenance to the viaduct. 151 31 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 152 288 Acquisition of Rights and Temporary Acquisition of Land is required for the purposes of Temporary Acquisition carrying out bridge repair works to the Cambus Viaduct. Rights of access are to be acquired, for gaining future access for maintenance to the viaduct. 153 813 Acquisition of Rights Rights are to be acquired for the purposes of carrying out repairs to the Cambus Viaduct and for access for future maintenance. 154 1372 Acquisition of Rights Rights are to be acquired for the purposes of carrying out repairs to the Cambus Viaduct and for access for future maintenance. 155 4311 Land Existing Route N/A (Not to be acquired) 156 409 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served to transfer ownership from the Rail Property Board to Network Rail. 157 190 Acquisition of Rights Existing railway land. 158 237 Acquisition of Rights Existing railway land. 159 340 Acquisition of Rights Rights are to be acquired for the purposes of gaining access for maintenance to the Cambus Viaduct. 160 30 Acquisition of Rights Rights are to be acquired for the purposes of gaining access for maintenance to the Cambus Viaduct. 161 21 Permanent Acquisition Land is required for the stopping of New Mills Level Crossing 162 69 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 163 63 Permanent Acquisition Land is required for the stopping of New Mills Level Crossing 164 7559 Land Existing Route N/A (Not to be acquired)

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) 165 917 Acquisition of Rights Rights are to be acquired for the purposes of gaining access for maintenance to the Cambus Viaduct. 166 5390 Temporary Acquisition Temporary acquisition of land is required for carrying out of trackworks and the upgrading of the adjacent Cambus Level Crossing. 167 129 Permanent Acquisition Land is required to install an Relocatable Equipment Building to house the Electrical and Mechanical equipment required by the upgraded Cambus Level Crossing. The REB must be sited adjacent to the Level Crossing which it serves. 168 243 Acquisition of Rights Rights are being acquired to enable the installation of CCTV and improved lighting at Cambus Level Crossing. 169 33 Permanent Acquisition Land is required for the installation of level crossing equipment at the upgraded Cambus Level Crossing 170 60 Permanent Acquisition Land is required for the installation of level crossing equipment at the upgraded Cambus Level Crossing 171 98 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 172 55 Permanent Acquisition Land is required for the installation of level crossing equipment at the upgraded Cambus Level Crossing 173 179 Acquisition of Rights Rights are being acquired to enable the installation of CCTV and improved lighting at Cambus Level Crossing. 174 361 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served to transfer ownership from the Rail Property Board to Network Rail. 175 17936 Land Existing Route N/A (Not to be acquired) 176 6498 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served to transfer ownership from the Rail Property Board to Network Rail. 177 44881 Temporary Acquisition Temporary Acquisition of land is required for a construction compound. This site has been chosen for use as a construction compound, as the land is owned by a subsidiary of the Strategic Rail Authority who are members of the Project Execution Team. 178 346 Permanent Acquisition Land is required for a Relocatable Equipment Building to house switchgear other mechanical equipment required for the signalling at the adjacent Cambus passing loop.

179 1796 Acquisition of Rights Rights are being acquired to enable access to the track for construction and for future maintenance.

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) 180 1164 Acquisition of Rights Rights are being acquired to enable access to the track for construction and for future maintenance. 181 270 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 182 63 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 183 66 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 184 103 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 185 175 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 186 3627 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 187 4869 Land Existing Route N/A (Not to be acquired) 188 3069 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 189 655 Permanent Acquisition Land is being acquired to facilitate new road layout following closure of Grange Road Level Crossing and the construction of Grange Road Footbridge. 190 1598 Permanent Acquisition Land is being acquired to facilitate new road layout following closure of Grange Road Level Crossing and the construction of Grange Road Footbridge. 191 1028 Permanent Acquisition Land is being acquired to facilitate new road layout following closure of Grange Road Level Crossing and the construction of Grange Road Footbridge. 192 948 Permanent Acquisition Land is being acquired to facilitate new road layout following closure of Grange Road Level Crossing and the construction of Grange Road Footbridge. 193 545 Permanent Acquisition Land is being acquired to facilitate new road layout following closure of Grange Road Level Crossing and the construction of

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) Grange Road Footbridge. 194 1635 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 195 561 Temporary Acquisition Temporary Acquisition of land is required for the purposes of working space for the construction Grange Road footbridge. 196 337 Permanent Acquisition Land is being acquired to facilitate new road layout following closure of Grange Road Level Crossing and the construction of Grange Road Footbridge. 197 103 Temporary Acquisition Temporary Acquisition of land is required for the purposes of working space for the construction Grange Road footbridge. 198 131 Permanent Acquisition Land is being acquired to facilitate new road layout following closure of Grange Road Level Crossing and the construction of Grange Road Footbridge. 199 72 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 200 392 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 201 12418 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 202 341 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 203 2607 Land Existing Route N/A (Not to be acquired) 204 243 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 205 4424 Land Existing Route N/A (Not to be acquired) 206 194 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 207 218 Permanent Acquisition Land is being acquired for the purposes of construction a Relocatable Equipment Building (REB) which will house signalling equipment required for the operation of the nearby points at Alloa Station. 208 500 Land Existing Route N/A (Not to be acquired)

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) 209 625 Acquisition of Rights Rights are required for access for construction and for future maintenance of the proposed Relocatable Equipment building at Plot 209. 210 1380 Temporary Acquisition Temporary acquisition of land is required for the provision of access and a construction compound, for the construction of the siding for Alloa Station. 211 1462 Permanent Acquisition Land is being acquired for the provision of a new access to the Alloa Station Development. 212 145 Temporary Acquisition Temporary acquisition of land is required for the provision of working space for the replacement of the final span of overbridge 117/38 Old Alloa Station. 213 178 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 214 48 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 215 911 Acquisition of Rights Rights are to be acquired for the purpose of gaining access to the proposed construction compound at Plot 216. 216 6956 Temporary Acquisition Temporary Acquisition of land is required for the provision of construction compound. The compound will be used for preparing trackwork and for storage for construction materials for the construction of the Alloa Station development. 217 1212 Land Existing Route N/A (Not to be acquired) 218 3978 Permanent Acquisition Land is being acquired for use in the provision of an access to the new Alloa Station Development. 219 4576 Permanent Acquisition Land is being acquired for use in the new Alloa Station Development. 220 1168 Permanent Acquisition Land is being acquired for use in the new Alloa Station Development. 221 176 Permanent Acquisition Land is being acquired for use in the new Alloa Station Development. 222 38 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 223 289 Permanent Acquisition Land is being acquired for use in the new Alloa Station Development. 224 2376 Land Existing Route N/A (Not to be acquired) 225 4652 Permanent Acquisition Land is being acquired for use in the new Alloa Station Development.

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) 226 489 Permanent Acquisition Land is being acquired for the provision of a pedestrian access to Alloa Station, Alloa pedestrians to enter the station area from Argyll Street. 227 32 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 228 278 Land Existing Route N/A (Not to be acquired) 229 1170 Land Existing Route N/A (Not to be acquired) 230 195 Temporary Acquisition Temporary acquisition of land is required for the provision of working space for the renovation of Underbridge 117/35A Whins Road. 231 478 Temporary Acquisition Temporary acquisition of land is required for the provision of working space for the renovation of Underbridge 117/35A Whins Road. 232 134 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 233 533 Temporary Acquisition Temporary acquisition of land is required for the provision of working space for the renovation of Underbridge 117/35A Whins Road. 234 391 Temporary Acquisition Temporary acquisition of land is required for the provision of working space for the renovation of Underbridge 117/35 Brothie Burn. 235 3055 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 236 251 Temporary Acquisition Temporary acquisition of land is required for the provision of working space for the renovation of Underbridge 117/35 Brothie Burn. 237 72 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 238 850 Land Existing Route N/A (Not to be acquired) 239 16 Permanent Acquisition Plot refers to Bruce Street footbridge, there are no plans to exercise powers of compulsorily purchase on this plot and it is envisaged that the bridge will stay in council ownership.

240 28 Permanent Acquisition Plot refers to Bruce Street footbridge, there are no plans to exercise powers of compulsorily purchase on this plot and it is

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) envisaged that the bridge will stay in council ownership. 241 19 Permanent Acquisition Plot refers to Bruce Street footbridge, there are no plans to exercise powers of compulsorily purchase on this plot and it is envisaged that the bridge will stay in council ownership. 242a 2415 Land Existing Route N/A (Not to be acquired) 242b 820 Permanent Acquisition Land part of existing route. Powers of compulsorily purchase will not be exercised. 243 707 Temporary Acquisition Temporary acquisition of land is required for working space during the construction of Hilton Road footbridge. 244 395 Permanent Acquisition Land is required for the construction of Hilton Road footbridge 245 214 Permanent Acquisition Land is required for the stopping up of Hilton Road level crossing. 246 216 Permanent Acquisition Land is required construction of a turning area for vehicles on Hilton Road following the closure of Hilton Road Level crossing. 247 93 Permanent Acquisition Land is required construction of a turning area for vehicles on Hilton Road following the closure of Hilton Road Level crossing. 248 24 Permanent Acquisition Land is required for the stopping up of Hilton Road level crossing. 249 114 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 250a 644 Permanent Acquisition Land is required for the construction of the Hilton Road footbridge. 250b 154 Permanent Acquisition Land is required for the construction of the Hilton Road footbridge. 251 510 Permanent Acquisition Land is required for the construction of the Hilton Road footbridge. 252 0 Permanent Acquisition Land no longer required. 253 1160 Land Existing Route N/A (Not to be acquired) 254 1448 (to be Permanent Acquisition Alloa Athletic Football Club’s interest in this plot will no longer be reduced) acquired and only land owned by the Rail Property Board will be acquired. 255 5716 (to be Temporary Acquisition Alloa Athletic Football Club’s interest in this plot will no longer be reduced) acquired and only land owned by the Rail Property Board will be acquired. 256 0 Temporary Acquisition Land no longer required. 257 10058 Land Existing Route N/A

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) (Not to be acquired) 258 4461 Temporary Acquisition Temporary Acquisition of the land may be required for working space during construction, however the requirement for this plot of land will be reviewed once the construction method statement for the project has been finalised. 259 0 Temporary Acquisition Land no longer required. 260 0 Temporary Acquisition Land no longer required. 261 227 Permanent Acquisition Land is required for the construction of a new access into Old Russell’s Yard Car Garage, as the existing access will be closed off by the construction of the Alloa Eastern Link Road. 262 223 Permanent Acquisition Land is required for the construction of a new access into Old Russell’s Yard Car Garage, as the existing access will be closed off by the construction of the Alloa Eastern Link Road. 263 7449 Permanent Acquisition Land is required for carrying out alterations to the A907 alignment, which are required by Alloa Eastern Link Road. 264 489 Permanent Acquisition Land is required for carrying out alterations to the A907 alignment, which are required by Alloa Eastern Link Road. 265 355 Permanent Acquisition Land is required for carrying out alterations to the A907 alignment, which are required by Alloa Eastern Link Road. 266 2206 Permanent Acquisition Land is required for carrying out alterations to the A907 alignment, which are required by Alloa Eastern Link Road. 267 1728 Permanent Acquisition Land is part of existing route. Notice to permanently acquire land has only been served due to the fact the plot has multiple occupiers. 268 3087 Land Existing Route N/A (Not to be acquired) 269 2098 Permanent Acquisition Land is required for carrying out alterations to the A907 alignment, which are required by Alloa Easter Link Road. 270 0 Number not used N/A 271 2087 Permanent Acquisition Land required for the construction of the Alloa Eastern Link Road and the construction of a new access road to Hilton Farm 272 0 Number not used N/A 273 9481 Permanent Acquisition Land required for the construction of the Alloa Eastern Link Road and the construction of a new access road to Hilton Farm 274 3844 Permanent Acquisition Land required for the construction of the Alloa Eastern Link Road. 275 6071 Permanent Acquisition Land required for the construction of the Alloa Eastern Link Road. 275a 2096 Permanent Acquisition Land required for the construction of the Alloa Eastern Link

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) Road. 276 17043 Permanent Acquisition Land required for the construction of the Alloa Eastern Link Road. 276a 23 Permanent Acquisition Land required for the construction of the Alloa Eastern Link Road. 277 3759 Temporary Acquisition Temporary acquisition of land is required for the provision of a construction compound. Construction compound will be sited on newly vacant land created by the demolition of three bonded warehouses. Demolition of the warehouses is required for the construction of the Alloa Eastern Link Road. 278 15913 Temporary Acquisition Temporary acquisition of land is required for the provision of a construction compound. Construction compound will be sited on newly vacant land created by the demolition of three bonded warehouses. Demolition of the warehouses is required for the construction of the Alloa Eastern Link Road. 279 485 Permanent Acquisition Land required for the construction of the Alloa Eastern Link Road associated the culverting of the Brothie Burn. 279a 29 Permanent Acquisition Land required for the construction of the Alloa Eastern Link Road associated the culverting of the Brothie Burn. 280 138 Permanent Acquisition Land required for the construction of the new entrance to Hilton Road. 281a 775 Permanent Acquisition Land required for the construction of the new entrance to Hilton Road. 281b 3145 Permanent Acquisition Land required for the construction of the Alloa Eastern Link Road 282 2567 Permanent Acquisition Land required for the construction of the new roundabout at the northern end of the Alloa Eastern Link Road. 282a 378 Permanent Acquisition Land required for construction of the new entrance to Hilton Road. 283 517 Permanent Acquisition Land required for the construction of the new roundabout at the northern end of the Alloa Eastern Link Road. 284 955 Permanent Acquisition Land required for the construction of the new roundabout at the northern end of the Alloa Eastern Link Road. 285 325 Permanent Acquisition Land is required for the construction of the new roundabout at the northern end of the Alloa Eastern Link Road. 286 19847 Permanent Acquisition Land is required for construction of the new entrance to Hilton Road. 287 11364 Temporary Acquisition Temporary acquisition of land is required for the purpose of a construction compound for both the Alloa Eastern Link Road and the railway construction works.

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) 288 1039 Temporary Acquisition Temporary acquisition of land is required for the purpose of a construction compound for both the Alloa Eastern Link Road and the railway construction works. 289 696 Temporary Acquisition Temporary acquisition of land is required for the purpose of a construction compound for both the Alloa Eastern Link Road and the railway construction works. 290 0 Number not used N/A 291 0 Number not used N/A 292 0 Number not used N/A 293 0 Temporary Acquisition Land is no longer required. 294 97 Permanent Acquisition Land is part of existing route. Notice to permanently acquire land has only been served due to the fact the plot has multiple owners/occupiers. 295 38 Permanent Acquisition Land is required for the stopping up of Hilton Road level crossing. 296 0 Number not used N/A 297 0 Temporary Acquisition Land is no longer required. 298 15875 Land Existing Route N/A (Not to be acquired) 299 354 Permanent Acquisition Land is required for the construction of an access point to the railway. 300 5046 Temporary Acquisition Temporary acquisition of land is required to provide a construction compound and working space for the renovation of underbridge 119/36 Helensfield. 301 1315 Temporary Acquisition Temporary acquisition of land is required to provide working space for the renovation of underbridge 119/36 Helensfield. 302 852 Temporary Acquisition Temporary acquisition of land is required to provide working space for the renovation of underbridge 119/36 Helensfield. 303 1196 Temporary Acquisition Temporary acquisition of land is required to provide working space for the renovation of underbridge 119/36 Helensfield. 304 79 Permanent Acquisition Land is required for the renovation works to underbridge 119/36 Helensfield 305 106 Permanent Acquisition Land is part of existing route. Notice to permanently acquire land has only been served due to the fact the plot has multiple owners/occupiers. 306a 62 Permanent Acquisition Temporary acquisition of land is required to provide working space for the renovation of underbridge 119/36 Helensfield. 306b 273 Acquisition of Rights Rights to be acquired for the purpose of carrying out ground stabilisation works in the vicinity of the railway embankment.

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) 307 7710 Land Existing Route N/A (Not to be acquired) 308 0 Number not used N/A 309 931 Acquisition of Rights Rights are to be acquired for the purpose of gaining access to the construction compound at Plot 310. 310 5698 Temporary Acquisition Temporary acquisition of land is required to provide a construction compound and working space for the renewal of 119/34 Black Devon Burn. 311 701 Temporary Acquisition Temporary acquisition of land is required for provide working space for the infilling of underbridge 119/35 Helensfield Accommodation Bridge 312 128 Temporary Acquisition Land is part of existing route. Notice to Temporarily acquire has only been served due to the fact the plot has multiple occupiers. 313 60 Land Existing Route N/A (Not to be acquired) 314 1087 Temporary Acquisition Temporary acquisition of land is required to provide working space for the renewal of 119/34 Black Devon Burn. 315 134 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 316 43 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 317 89 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 318 399 Temporary Acquisition Land is part of existing route. Notice to Temporarily acquire has only been served due to the fact the plot has multiple occupiers. 319 319 Acquisition of Rights Rights of access for construction and thereafter maintenance are being acquired for the infill of underbridge 119/33 Millbank Crescent. Investigations are currently underway to determine if alternative route for construction and maintenance can be found. 320 86 Temporary Acquisition Temporary acquisition of land is required for the infilling of UB 119/33 Millbank Crescent. Investigations are currently underway to determine if alternative access route for construction and maintenance can be found, to avoid the requirement for temporary acquisition of this plot. 321 3758 Land Existing Route N/A (Not to be acquired) 322 78 Temporary Acquisition Temporary acquisition of land is required for the infilling of UB 119/33 Millbank Crescent. Investigations are currently underway

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) to determine if alternative access route for construction and maintenance can be found, to avoid the requirement for temporary acquisition of this plot. 323 213 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 324 0 Temporary Acquisition Land not required 325 96 Acquisition of Rights Land is part of existing route. Notice to Temporarily acquire has only been served due to the fact the plot has multiple owners/occupiers. 326 2210 Land Existing Route N/A (Not to be acquired) 327 58 Permanent Acquisition Land is being acquired to allow for bridge repair work to be undertaken on underbridge 119/31. 328 174 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 329 132 Acquisition of Rights and Rights are being acquired for the purpose of gaining access to Temporary Acquisition the railway track for construction and maintenance 330 504 Acquisition of Rights and Rights are being acquired for the purpose of gaining access to Temporary Acquisition the railway track for construction and maintenance 331 7117 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 332 79 Acquisition of Rights and Rights are being acquired for the purpose of gaining access to Temporary Acquisition the railway track for construction and maintenance 333 0 Acquisition of Rights and Land no longer required Temporary Acquisition 334 0 Acquisition of Rights and Land no longer required Temporary Acquisition 335 16 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 336 27 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers.

337 20 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 338 95 Permanent Acquisition Land is required for the construction of a replacement bridge at underbridge 119/29 Goudnie Burn.

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) 339 27014 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 340 440 Permanent Acquisition 341 928 Temporary Acquisition Temporary acquisition of land is being sought for the purposes of gaining an access route to carry out repair works to culvert 119/28A Kennet Cottages. This is being done as there are no other suitable routes of access to the culvert. 342 226 Temporary Acquisition Temporary acquisition of land is being sought for the purposes of gaining an access route to carry out repair works to culvert 119/28A Kennet Cottages. This is being done as there are no other suitable routes of access to the culvert. 343 538 Acquisition of Rights Rights for the installation and maintenance of trackside drainage are being acquired. The gradient of the of the land at this point means that additional drainage must be installed to prevent flooding of the railway. 344 2566 Acquisition of Rights and Rights for the installation and maintenance of trackside drainage Temporary Acquisition are being acquired. The gradient of the of the land at this point means that additional drainage must be installed to prevent flooding of the railway. 345 302 Temporary Acquisition Temporary Acquisition of land is required for the provision of a access to Plot 344, which is being used for installation of drainage. 346 4003 Acquisition of Rights Rights for the installation and maintenance of trackside drainage are being acquired. The gradient of the of the land at this point means that additional drainage must be installed to prevent flooding of the railway. 347 4300 Acquisition of Rights Rights for the installation and maintenance of trackside drainage are being acquired. The gradient of the of the land at this point means that additional drainage must be installed to prevent flooding of the railway. 348 700 Acquisition of Rights Rights for the installation and maintenance of trackside drainage are being acquired. The gradient of the of the land at this point means that additional drainage must be installed to prevent flooding of the railway. 349 66 Permanent Acquisition Land is being acquired for the purpose of carrying bridge repair works on underbridge 119/28 Kennet. 350 35 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) owners/occupiers. 351 62 Permanent Acquisition Rights for the installation and maintenance of trackside drainage are being acquired. The gradient of the of the land at this point means that additional drainage must be installed to prevent flooding of the railway. 352 102 Acquisition of Rights Rights are being acquired for the purpose of gaining access along a private road to carry out bridge repair works on overbridge 119/27. No other suitable access to UB 119/27 exists. 353 326 Acquisition of Rights Rights are being acquired for the purpose of gaining access along a private road to carry out bridge repair works on overbridge 119/27. No other suitable access to UB 119/27 exists. 354 1471 Acquisition of Rights Rights are being acquired for the purpose of gaining access along a private road to carry out bridge repair works on overbridge 119/27. No other suitable access to UB 119/27 exists. 355 2168 Temporary Acquisition Temporary acquisition of land is being sought for the purposes of having a construction compound and working space to allow for the infilling of underbridges 119/28 Kennet and 119/27 Old Farm Road. 356 2657 Land Existing Route N/A (Not to be acquired) 357 384 Permanent Acquisition Land is being acquired because it forms part of overbridge 119/27. 358 329 Permanent Acquisition Land is being acquired because it forms part of overbridge 119/27. 359 103 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 360 4049 Temporary Acquisition Temporary acquisition of land is required for the provision of construction compound. The compound will then be used for preparing trackwork, and for storing plant required for the renovation works planned on adjacent underbridge 119/24 Inveresk Farm. 361 12770 Land Existing Route N/A (Not to be acquired)

362 11779 Temporary Acquisition Temporary acquisition of land is required for the provision of construction compound. The compound will then be used for preparing trackwork, and for storing plant required for the renovation works planned on adjacent underbridge 119/24

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) Inveresk Farm. 363 289 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 364 10048 Land Existing Route N/A (Not to be acquired) 365 538 Acquisition of Rights Rights of access for construction and thereafter maintenance are being acquired for the purpose repairing and maintaining underbridge 119/25 Kilbagie. No other suitable access route to this bridge exists. 366 490 Acquisition of Rights Rights of access for construction and thereafter maintenance are being acquired for the purpose repairing and maintaining underbridge 119/25 Kilbagie. No other suitable access route to this bridge exists. 367 253 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 368 591 Temporary Acquisition Temporary acquisition of land is required for the purposes of providing working space for the carrying out of repair works to the inlet of culvert 119/24A. 369 1122 Temporary Acquisition Temporary acquisition of land is required for the purposes of providing working space for the carrying out of repair works to the outlet of culvert 119/24A. 370 7076 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 371 185 Acquisition of Rights Rights are being acquired for the purpose of laying a drainage pipe from the railway to the Canal Burn. The laying of a new drainage pipe is essential in this location as the gradient of the track prohibits using trackside filter drains. 372 1808 Acquisition of Rights Rights are being acquired for the purpose of laying a drainage pipe from the railway to the Canal Burn. The laying of a new drainage pipe is essential in this location as the gradient of the track prohibits using trackside filter drains.

373 4351 Temporary Acquisition Temporary acquisition of land is required for the provision of construction compound. The compound will then be used for preparing trackwork, and for storing plant required for the renovation works planned on adjacent underbridge 119/24

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) Inveresk Farm. 374a 262 Acquisition of Rights Rights are being acquired to gain access to carryout ground stabilisation works on Plot 374b and to have access for rights thereafter for the maintenance of aforementioned works on plot 374a. 374b 116 Acquisition of Rights Rights are being acquired for the purposes of carrying out ground stabilisation works on the railway embankment. 375 0 Temporary Acquisition Land no longer required 376 503 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 377 15877 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 378 2288 Acquisition of Rights Rights are being acquired for the purposes of gaining access to carry out bridge repair works on overbridge 119/24 Inveresk Farm, and maintenance on the bridge thereafter. 379 3272 Acquisition of Rights and Rights are being acquired for the purposes of gaining access to Temporary Acquisition an undertrack culvert located approximately halfway between overbridge 119/24 and overbridge 119/23. After discussions with lessee of the land, an agreement has been reached to only acquire access rights over approximately half of Plot 379. 380 176 Acquisition of Rights Rights are being acquired for the purposes of gaining access to carry out bridge repair works on overbridge 119/24 Inveresk Farm, and maintenance on the bridge thereafter. 381 1116 Temporary Acquisition Temporary acquisition of land is required to provide access for construction to overbridge 119/23 Broomknowe. 382 62 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 383 26 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers. 384 53 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple occupiers.

385 603 Acquisition of Rights Rights are being acquired for the purposes of gaining access to carry out bridge repair works on overbridge 119/23 Broomknowe, and maintenance on the bridge thereafter. 386 26 Acquisition of Rights Rights are being acquired for the purposes of gaining access to

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) carry out bridge repair works on overbridge 119/23 Broomknowe, and maintenance on the bridge thereafter. 387 300 Temporary Acquisition Temporary acquisition is required for the provision of working space to carry out the necessary bridge repair works on overbridge 119/23 Broomknowe. 388 5212 Acquisition of Rights and Rights are being acquired for the purpose of gaining access for Temporary Acquisition maintenance to culvert 119/22A Tulliallan Culvert. After discussions with the Sir Harold Mitchell Foundation we have given an undertaking not acquire access rights over their interest in Plot 388. Temporary acquisition of land is required to provide a construction compound for plant that will be required during the bridge repair works to overbridge 119/23 Broomknowe. 389 12999 Land Existing Route N/A (Not to be acquired) 390 633 Acquisition of Rights Rights are being acquired for the purposes of gaining access for construction, and thereafter maintenance to overbridge 119/22 Tulliallan Castle. 391 272 Temporary Acquisition The requirement for this plot of land will be reviewed once the final design for the scheme is at a more advanced stage. 392 205 Permanent Acquisition The requirement for this plot of land will be reviewed once the final design for the scheme is at a more advanced stage. 393 20 Permanent Acquisition The requirement for this plot of land will be reviewed once the final design for the scheme is at a more advanced stage. 394 116 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 395 3405 Land Existing Route N/A (Not to be acquired) 396 20 Permanent Acquisition Land is being acquired to allow for maintenance works on the wing walls of overbridge 119/21A. 397 16 Permanent Acquisition Land is being acquired to allow for maintenance works on the wing walls of overbridge 119/21A. 398 119 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 399 474 Temporary Acquisition Temporary acquisition of land is required for the purposes of providing access for the construction works on the realigning the track at Kincardine Power Station Junction. 400 0 Temporary Acquisition Land no longer required

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) 401 0 Temporary Acquisition Land no longer required 402 0 Temporary Acquisition Land no longer required 403 1149 Permanent Acquisition Land is required to allow the realigning of Kincardine Power Station Junction. 404 0 Number not used N/A 405 348 Permanent Acquisition 406 605 Land Existing Route N/A (Not to be acquired) 407 487 Permanent Acquisition 408 79 Permanent Acquisition Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 409 2296 Permanent Acquisition Land is required to allow the realigning of Kincardine Power Station Junction. 410 410 Permanent Acquisition 411 0 Number not used N/A 412 0 Number not used N/A 413 388 Acquisition of Rights Rights are to be acquired for the purposes of accessing Kincardine Station Road Level Crossing. 414 376 Acquisition of Rights Rights are to be acquired for the installation and maintenance thereafter of Level Crossing equipment at Kincardine Station Road Level Crossing. 415 21 Acquisition of Rights Rights are to be acquired for the installation and maintenance thereafter of Level Crossing equipment at Kincardine Station Road Level Crossing. 416 167 Acquisition of Rights Rights are to be acquired for the installation and maintenance thereafter of Level Crossing equipment at Kincardine Station Road Level Crossing. 417 156 Permanent Acquisition Land is part existing route. 418 39 Acquisition of Rights Land is part of existing route. Notice to permanently acquire has only been served due to the fact the plot has multiple owners/occupiers. 419 0 Number not used 420 0 Number not used 421 0 Number not used 422 23334 Acquisition of Rights Rights are to be acquired for the purpose of gaining access to the railway track west of Longannet and for carrying out drainage works. 423 11753 Acquisition of Rights Rights are to be acquired for the purpose of carrying out

Plot No. Plot Area Type of Land Take Detailed justification for land take (m²) drainage and coast protection works. 424 1135 Acquisition of Rights Rights are to be acquired for the purpose of gaining access to the railway track west of Longannet and for carrying out works to the level crossing at Longannet Power Station’s west departure line. 425 4738 Acquisition of Rights Rights are to be acquired for the purpose of gaining access to the railway track west of Longannet and for carrying out drainage works. 426 1569 Acquisition of Rights Rights are to be acquired for the purpose of gaining access to the railway track west of Longannet and for carrying out drainage works. 427 18935 Acquisition of Rights Rights are to be acquired for the purpose of gaining access to the railway track west of Longannet and for carrying out drainage works.

Agenda item 1 SAK/S2/03/4/12 Stirling-Alloa-Kincardine Railway Bill Committee

10 November 2003

STIRLING-ALLOA-KINCARDINE RAILWAY AND LINKED IMPROVEMENTS BILL COMMITTEE

PRELIMINARY STAGE

SUPPLEMENTARY WRITTEN EVIDENCE ON SCOPE OF BILL

PROMOTER’S MEMORANDUM NO.2

Introduction

1 The purpose of this memorandum is to provide supplementary information to the Stirling-Alloa-Kincardine Railway and Linked Improvements Bill Committee on the sufficiency of existing legislation, raised in connection with the scope of the Bill on 27 October 2003.

Network Rail’s Statutory Powers

2 The Convenor has requested clarification regarding the sufficiency of Network Rail Infrastructure Limited’s (Network Rail) Class 29 Permitted Development Rights following consideration of the Promoter’s Scope of the Bill Supplementary Memorandum1 and questions raised during the Bill Committee meeting on 27 October 2003.

3 The Promoter can confirm that it is satisfied that Network Rail does enjoy Class 29 permitted development rights in relation to the works identified as the Permitted Development Rights in the Promoter’s Scope of the Bill Memorandum2. This is because the original authorising legislation incorporates section 16 of the Railways Clauses Consolidation (Scotland) Act 1845 which confers a power to alter, repair or replace an existing railway. The view has always been taken that this power is sufficiently specific to attract Class 29 permitted development rights.

1 Promoter’s Scope of Bill Supplementary Memorandum, submitted to the Parliament on 27 October 2003 2 Promoter’s Scope of Bill Memorandum, submitted to the Parliament on 20 October 2003

1 Agenda item 1 SAK/S2/03/4/13 Stirling-Alloa-Kincardine Railway Bill Committee

10 November 2003

STIRLING-ALLOA-KINCARDINE RAILWAY AND LINKED IMPROVEMENTS BILL COMMITTEE

PRELIMINARY STAGE

SUPPLEMENTARY WRITTEN EVIDENCE FROM STRATEGIC RAIL AUTHORITY The Scottish Parliament Committee requested further evidence relating to the contribution that the Stirling-Alloa-Kincardine Railway would make to the SRA’s 80% growth target for net tonne kilometres over the decade.

Firstly, given the complexity of trying to model all present movements of coal by road into Longannet Power Station, some assumptions have had to be made in calculating the likely increase in net tonne kilometres.

Assumption 1: There is an average 1 million tonnes of coal moved from various sites in Ayrshire and Lanarkshire to Longannet by road. Assumption 2: Given the number of potential locations where coal is loaded across Ayrshire a nodal point for the calculations has been selected, Falkland Yard Ayr. This is a location where many of the coal trains from Ayrshire are marshalled and is approximately the same distance from Longannet as Hunterston. (If each potential loading point had been modelled the calculation would have been impossibly complicated). Assumption 3: Since the SRA target is defined in net tonne kilometres, metric distances have been used. Assumption 4: The SRA target is the decade to 2011, so only the % increase in tonnes between 2006 (earliest opening date) and 2011 are included.

On 1 million tonnes of extra coal moved by rail it would contribute 0.1% towards the 80% growth.

At this point it is worth remembering that the opening of the Stirling-Alloa- Kincardine Railway actually reduces the distance from Falkland Junction to Longannet from 166km to 137km, thus it has the perverse effect of reducing the distance travelled whilst increasing the tonnage carried. If the extra 1 million tonnes were carried over the same distance, i.e. the 166km, the contribution to the 80% growth target becomes 0.46%.

By way of comparison if one calculates the Reduction in Heavy Goods Vehicle (HGV) journeys and miles from 1 million tonnes transferring from road to rail (again using Ayr as a nodal point for loading) then the figures are:

Assumption: A 44 tonne gross vehicle weight HGV carries an average 28 tonnes of coal.

Total number of HGV journeys to move 1 million tonnes of coal = 35,714.

The road distance from Ayr to Longannet is 101.6km which means a total of 7,257,084kms of HGV movement (comprising 101.6km loaded and 101.6km empty return) would be removed from Scotland’s road network.

Clarification: Payload of coal train presently transiting the Forth Bridge.

May I also take this opportunity to clarify a point of conflicting evidence raised by Mr Baker with Kevin Devlin of Scottish Power. In paragraph 5.2 of Scottish Power’s evidence it was stated that the average payload of a coal train presently moved to Longannet is 850 to 860 tonnes and the discrepancy with the SRA evidence of maximum payload of 960 tonnes. I can confirm that Scottish Power has the correct figure, as they have weighbridge records to call upon. The SRA figure is a simple arithmetic calculation showing that each wagon has a maximum load of 32 tonnes, so with 30 wagons per train 960 tonnes is the maximum theoretical payload.

Sincere apologies for any confusion this may have caused.

WORKS IN, NEAR OR LIABLE POLLUTION TO AFFECT WATERCOURSES: PREVENTION PPG5 GUIDELINES

These guidelines have been drawn up to assist all those who may have cause to work in or near watercourses. They have been jointly produced by the Environment Agency for England and Wales, the Scottish Environment Protection Agency the and the Environment and Heritage Service in Northern Ireland, referred to as the Agency or Agencies. Compliance with this guidance should minimise the risk of pollution occurring. Every site is different and will need to be considered individually. Consultation with your local Agency office is advisable before any work is started. Contact details can be found at the end of these guidelines.

1. LEGAL FRAMEWORK a. The Agencies are responsible for both the protection of “controlled waters” from pollution and for the prevention of pollution of the environment, harm to human health and detriment to local amenity by waste management activities.

“Controlled waters” include all watercourses, lakes, lochs, coastal waters and water contained in underground strata (or “groundwater”) and it is an offence to pollute such waters, either deliberately or accidentally. In addition, the formal consent of the Agency is required for many discharges to controlled waters, including both direct discharges and discharges to soakaways. Such consents are granted subject to conditions and are not issued automatically.

b. All discharges to the public foul sewer require authorization by the sewerage undertaker and may be subject to the terms and conditions of a trade effluent consent.

c. Any other waste produced on a site will be subject to the Duty of Care (Reference 1) and may also be subject to control under the Waste Management Licensing Regulations 1994. In addition, certain wastes are defined as “Special Wastes” and are subject to more rigorous controls (Reference 2). Advice is available from the Agencies.

d. In England and Wales, the Environment Agency also has powers and responsibilities for flood defence. Under the Water Resources Act 1991, prior consent must be obtained for any structure in, over or under a ‘main’ river (defined in the Water Resources Act 1991). Under the Land Drainage Act 1991, consent is also required for the erection of mill dams, weirs, and similar obstructions and for culverts in ‘ordinary’ watercourses (defined by the Land Drainage Act 1991).

These controls are supplemented by regional byelaws which regulate certain other activities on and in the vicinity of main rivers. The extent of the area of land subject to this control varies from region to region and also depends on the type of facility being protected. For example, the area of land subject to byelaw control will usually be greater in the vicinity of sea defences than in the vicinity of main rivers. Seek advice from your local Agency office about local byelaw distances and other specific areas subject to byelaw control.

In addition, the Environment Agency must be given 7 days written notice of any intention to temporarily divert flow of any watercourse, carry out works within the river channel or commence any operations in the river channel so that suitable arrangements can be made concerning fishery interests.

In Scotland, new powers are due to be introduced which will require that any person proposing to carry out drainage works will have to consult with SEPA beforehand on the precautions to be taken to prevent pollution. 2. INTRODUCTION Most pollution incidents are avoidable. Careful planning can reduce the risk of pollution. Most of the measures needed to prevent pollution cost very little, especially if they are included at the planning stage of any scheme or project. In contrast, the costs of cleaning up a pollution incident can be very high. There are also serious consequences of a prosecution for environmental offences. Any work carried out in or near watercourses must be regarded as high risk with significant potential to cause pollution.

Potential pollutants of concern include silt, cement, concrete, fuel, lubricating and shutter release oils, petrol, sewage, bridge cleaning debris and other waste materials.

The Agency has produced specific guidance for pollution prevention at construction and demolition sites (PPG6 - Reference 3) which should be followed in conjunction with this guidance if applicable.

3. GENERAL PRECAUTIONS In planning and carrying out any work in or near rivers, streams, ditches and other watercourses, precautions must be taken to ensure their complete protection against pollution, silting and erosion.

Any work on or near foul sewers, (especially trunk sewers), underground oil/chemical pipelines or fluid filled electricity cables poses a major threat of pollution if damage occurs. At least 7 days prior notification of an intention to work on these structures should be given to the Agency, enabling appropriate pollution prevention measures and emergency procedures to be agreed.

The use of industrial by-products at locations where drainage from the material could directly or indirectly enter surface or groundwater must be discussed with the Agency. Such materials must be suitable for the purpose, well weathered and must not pose a leachate problem (Reference 4).

4. SILT Silt causes lasting damage to river life such as fish, insects and plants and can also build up to cause flooding. Water containing silt should never be pumped or allowed to flow directly into a river, stream or surface water drain. Silty water can arise from dewatering excavations, exposed ground, stockpiles, plant and wheel washing, site roads and disturbance of the river bed. Where possible, silty water should be disposed of to the foul sewer with the prior agreement of the sewerage undertaker (see Section 1b). Discharges to streams, watercourses or soakaways must have Agency approval which should be obtained well in advance. Suitable treatment will be required, such as the use of a lagoon, tank or grassed area to settle solids. For fine silts, flocculants may be required to aid settlement, although these should be used with care because of their potential for pollution. a. Pumping Care should be taken with the discharge to watercourse of any pumped clean water from dewatering or overpumping operations. If it is carried out with a powerful pump and/or at a high rate, then the river bed and bank could be disturbed and eroded, producing silty river water. Therefore pumped discharges must be made using a pump of a suitable size for the situation and at a rate which will not cause river bed disturbance. b. Excavations Where possible prevent water from entering excavations. Use cut off ditches to prevent entry of surface water and well point dewatering or cut-off walls for groundwater. Use the corner of the excavation as a pump sump and avoid disturbing that corner. Do not allow personnel or plant to disturb water in the excavation. For work in river channels, the use of coffer dams is recommended to keep river water out of the working area. c. Exposed ground and stockpiles Minimise the amount of exposed ground and soil stockpiles. Seeding or covering stockpiles and constructing silt fences from a suitable geotextile may be useful in reducing silt levels in run-off water. d. Site roads and river crossings Site roads and approaches to river crossings must be regularly brushed or scraped and kept free from dust and mud deposits. The inclusion of small dams in roadside ditches may assist silt retention, especially on steep slopes. If a river is to be frequently crossed, a permanent bridge or pipe crossing should be constructed. This would make fording of the river, and the consequent disturbance of the bed, unnecessary. e. Bank restoration Where possible, bank restoration should be carried out by vehicles operating from the bank rather than the river.

5. CONCRETE AND CEMENT Fresh concrete and cement are very alkaline and corrosive and can cause serious pollution in watercourses. It is essential to ensure that the use of wet concrete and cement in or close to any watercourse is carefully controlled so as to minimise the risk of any material entering the water, particularly from shuttered structures or the washing of equipment. The use of quick setting mixes may be appropriate.

For long term projects involving on-site concrete production, careful initial siting of concrete mixing facilities is vital. A settlement and recirculation system for water reuse should be considered. This will minimise the risk of pollution and reduce water usage. Washing out and cleaning of concrete batching plant or ready mix lorries should be carried out in a contained area as far from the watercourse as practical.

6. OIL AND CHEMICALS a. Storage Fuel, oil and chemical storage must be sited on an impervious base within a bund and secured. The base and bund walls must be impermeable to the material stored and of adequate capacity. Detailed guidelines concerning above ground oil storage tanks are available (PPG2 - Reference 5). Leaking or empty drums must be removed from the site immediately and disposed of via a registered waste disposal contractor. b. Security All valves and trigger guns should be protected from vandalism and unauthorised interference and should be turned off and securely locked when not in use. Any tanks or drums should be stored in a secure container or compound, which should be kept locked when not in use. Bowsers should be stored within site security compounds. c. Refuelling The risk of spilling fuel is at its greatest during refuelling of plant. Where possible, refuel mobile plant in a designated area, preferably on an impermeable surface well away from any drains or watercourses. Keep a spill kit available and use a bunded bowser. Never leave a vehicle unattended during refuelling or jam open a delivery valve. Check hoses and valves regularly for signs of wear, and ensure that they are turned off and securely locked when not in use. Diesel pumps and similar equipment should be placed on drip trays to collect minor spillages or leaks. These should be checked regularly and any accumulated oil removed for appropriate disposal. d. Biodegradable oils When working in or near rivers, the use of biodegradable chainsaw chain bar lubricant and biodegradable hydraulic oil in plant is recommended. The Environment Agency has adopted a policy to do so for its own operations, and those working on its behalf will be required to do so by the year 2005.

7. BRIDGE CLEANING AND REPAINTING Where bridges or other structures over, or adjacent to, rivers are being cleaned or repainted, debris should be prevented from falling into the watercourse or onto the embankment. Provision for the collection of solid debris, including spent abrasive materials and waste paint, should be incorporated into working methods. Where possible physical cleaning methods should be adopted in preference to the use of liquid chemicals such as caustic and acid solutions. If such liquids are used the effluent must be fully contained. The Agency can advise on the required pollution prevention measures (PPG23 - Reference 6). 8. HERBICIDE USE The use of herbicides in or near rivers requires the written approval of the Agency. If approval is given, the user is responsible for ensuring that the interests of other river users are not adversely affected. Please contact the Agency for further details.

9. EMERGENCIES If it is unavoidable that oil and chemicals have to be used within close proximity of a stream, river or any other watercourse, then it is recommended that a suitable spill kit or absorbent materials are held in the vicinity and that an appropriate temporary bund is put in place. In the event of any spillage, the spilt material should be contained (using absorbents such as sand, soil or commercially available booms or pads) and the Agency notified immediately, using the emergency hotline number listed at the end of this guidance.

10. REFERENCES 1. Waste Management - The Duty of Care - A code of practice (revised 1996): ISBN: 0-11-753210-X: The Stationery Office: Tel. 08706 00 55 22

2. Classification of special waste: Information Sheet 1: Environment Agency Use of the consignment note: Information Sheet 2: Environment Agency Obtaining and sending consignment notes: Information Sheet 3: Environment Agency A Guide to the Special Waste Regulations 1996: SEPA A Guide to the Special Waste Regulations (Northern Ireland) 1998: Environment and Heritage Service

3. PPG6: Working at construction and demolition sites

4. Use of industrial by-products in road construction - water quality effects, Report 167: CIRIA (Construction Industry Research and Information Association) ISBN: 0-86017-475-1: Tel. 020 7222 8891

5. PPG2: Above ground oil storage tanks

6. PPG23: Maintenance of structures over water

References 2, 3, 5 & 6 are available free of charge from the Agencies

All the Agencies’ pollution prevention guidance notes are available on the web sites listed below. ENVIRONMENT AGENCY SCOTTISH ENVIRONMENT & ENVIRONMENT HERITAGE SERVICE HEAD OFFICE PROTECTION AGENCY Rio House, Waterside Drive, , Aztec West Calvert House, Almondsbury, Bristol BS32 4UD. HEAD OFFICE 23 Castle Place, Tel: 01454 624 400 Fax: 01454 624 409 Erskine Court Belfast World Wide Web: http: //www.environment-agency.gov.uk The Castle Business Park BT1 1FY Stirling FK9 4TR Tel: 028 9025 4868 REGIONAL OFFICES Tel: 01786 457 700 Fax: 028 9025 4777 Fax: 01786 446 885 SOUTHERN ANGLIAN World Wide Web: http: //www.sepa.org.uk Kingfisher House Guildbourne House Goldhay Way Chatsworth Road Orton Goldhay Worthing REGIONAL OFFICES West Sussex BN11 1LD Peterborough PE2 5ZR NORTH REGION HQ Tel: 01733 371 811 Tel: 01903 832 000 Graesser House Fax: 01733 231 840 Fax: 01903 821 832 Fodderty Way MIDLANDS SOUTH WEST Dingwall Business Park The 24-hour emergency hotline number for reporting all Sapphire East Manley House Dingwall IV15 9XB environmental incidents relating to air, land and water in 550 Streetsbrook Road Kestrel Way Tel: 01349 862 021 England, Wales, Scotland and Northern Ireland. Solihull B91 1QT Exeter EX2 7LQ Fax: 01349 863 987 Tel: 01392 444 000 Tel: 0121 711 2324 WEST REGION HQ Fax: 0121 711 5824 Fax: 01392 444 238 SEPA West EMERGENCY HOTLINE NORTH EAST THAMES 5 Redwood Crescent Rivers House Kings Meadow House Peel Park 21 Park Square South Kings Meadow Road East Kilbride G74 5PP Reading RG1 8DQ Tel: 01355 574 200 0800 80 70 60 Leeds LS1 2QG Tel: 0113 244 0191 Tel: 0118 953 5000 Fax: 01355 574 688 Fax: 0118 950 0388 Fax: 0113 246 1889 EAST REGION HQ NORTH WEST WELSH Clearwater House Richard Fairclough House Rivers House Heriot-Watt Research Park Knutsford Road St Mellons Business Park Avenue North Warrington WA4 1HG St Mellons Riccarton Tel: 01925 653 999 Cardiff CF3 0EY Edinburgh EH14 4AP Fax: 01925 415 961 Tel: 029 2077 0088 Tel: 0131 449 7296 Fax: 029 2079 8555 Fax: 0131 449 7277

Printed on Cyclus TCF Recycled Paper. HO-3/00-12K-C-BBUD WORKING AT CONSTRUCTION POLLUTION AND DEMOLITION SITES: PREVENTION PPG6 GUIDELINES

These guidelines are intended to assist those in the construction and demolition industry with responsibility for managing the environmental impact of their activities. Compliance with these should minimise the effect of the work on the environment. The guidelines are jointly produced by the Environment Agency for England and Wales, the Scottish Environment Protection Agency and the Environment and Heritage Service in Northern Ireland, referred to as the Agency or Agencies. Sites are considered according to individual circumstances and early consultation with your local Agency office is advisable. Contact details will be found at the end of these guidelines.

b. All discharges to the public foul sewer require authorization by the sewerage undertaker and may be subject to the terms and conditions of a trade effluent consent.

c. Any other waste produced on a construction site will be subject to the Duty of Care (Reference 1) under the Environmental Protection Act 1990 and may also be subject to control under the Waste Management Licensing Regulations 1994. In addition certain hazardous wastes are subject to the Special Waste Regulations 1996. Separate legislation applies in Northern Ireland. Advice is available from the Agencies.

2. INTRODUCTION Most pollution incidents are avoidable. Careful planning can reduce the risk of pollution. Most of the measures needed to prevent pollution cost very little, especially if they are included at the planning stage. In contrast, the costs of cleaning up a pollution incident can be very high. Moreover, pollution prevention and waste minimisation measures may offer substantial economic benefits. These include reducing the need for expensive raw materials, fewer site accidents and a reduced risk of prosecution for environmental offences. Introduction of pollution prevention measures is the first step, but for these to be effective, managers must be committed and employees must understand why they are needed and be suitably trained. Further guidance on the control of water pollution from construction sites (Reference 2) and a video for use in training sessions is available (Reference 3).

Where a watercourse runs through or adjacent to a site, extra care will be needed, for example to prevent waste from the site being deposited in the watercourse. Additional guidance for such sites is available from the Agencies (PPG5-Reference 4).

3. PLANNING AND PREPARATION a. In planning and carrying out any works, precautions must be taken to ensure the complete protection of watercourses and groundwater against pollution. These should include an investigation of past use of the site to ensure that the operations will not disturb contaminated land and a survey of the siting and contents of all storage tanks and pipelines. The Industry profiles published by DEFRA (Reference 5) will assist in identifying potential contamination and ways to reduce their impact, based on former industrial uses of the site. If there is any contaminated land on site, the Local Authority and local Agency officer should be consulted on its remediation or disposal. b. Any underground services on the site should be identified and clearly marked before demolition or construction work begins and precautions taken to prevent damage to them. Old storage tanks should be checked and safely emptied before they are moved.

c. Arrange a site meeting with the local Agency officer before work commences. The advice given both before work starts and during the operations may prevent serious problems arising.

d. Vandalism and theft are common causes of pollution. Sites should be adequately protected by secure fences and locked access where possible.

4. SITE DRAINAGE

In developed areas it is likely that there will be two types of drainage from a site. It is recommended that manholes on site are colour coded, for example using blue for surface water and red for foul.

a. Surface Water The surface water drain is designed to carry uncontaminated rainwater directly to a local stream, river or soakaway. In some cases this may be some distance from the site. Nothing which could cause pollution, including silty water, should enter the surface water drains.

b. Foul Water The foul water drain carries contaminated water to a sewage works for treatment before discharge to a watercourse or soakaway. It may be possible to pump dirty water to a foul sewer, provided the approval of the water undertaker has been received. Where no foul sewer is available, alternative arrangements will be necessary for sewage disposal - see (PPG4-Reference 6).

5. DELIVERIES

Special care should be taken during deliveries, especially when fuels and hazardous materials are being handled. Ensure that all deliveries are supervised by a responsible person, that storage tank levels are checked before delivery to prevent overfilling and that the product is delivered to the correct tank. Put in place a contingency plan and suitable materials to deal with any incident. Ensure that employees know what to do in the event of a spillage. If properly dealt with, a spillage need not result in pollution.

6. STORAGE

Many of the materials used in construction operations, such as oil, chemicals, cement, lime, cleaning materials and paint have the potential to cause serious pollution.

a. Fuels, oils and chemicals All fuel, oil and chemical storage must be sited on an impervious base within a bund and secured. The base and bund walls must be impermeable to the material stored and of an adequate capacity. Detailed guidelines concerning above ground oil storage tanks are available (PPG2-Reference 7). Storage at or above roof level should be avoided.

Leaking or empty oil drums must be removed from the site immediately and disposed of via a licensed waste disposal contractor.

b. Security All valves and trigger guns should be protected from vandalism and unauthorised interference and should be turned off and securely locked when not in use. Any tanks or drums should be stored in a secure container or compound, which should be kept locked when not in use. Bowsers should be stored within site security compounds when not in use.

c. Marking The contents of any tank should be clearly marked on the tank, and a notice displayed requiring that valves and trigger guns be locked when not in use.

d. Removal Before any tank is moved or perforated at the end of a contract or particularly during demolition works, all contents and residues must be emptied by a competent operator (see 7c) for safe disposal. Pipes may contain significant quantities of oil or chemicals, and should be carefully drained and then capped, or valves closed, to prevent spillage. 7. WASTE MANAGEMENT The correct handling, storage and disposal of waste materials is vital if environmental harm and public complaint are to be avoided. Schemes which aim to minimise waste and increase recycling are not only beneficial to the environment but can also reduce costs. The Duty of Care (Reference 1) requires waste producers to ensure that waste does not escape from their control and is passed only to an authorised person accompanied by a full written description. Consider how noise and dust emissions can be minimised and do not burn waste on site, as this will cause both pollution and annoyance to neighbours.

a. Waste minimisation Waste disposal is increasingly costly. Waste minimisation involves reducing the volume of waste produced, reusing the material again (without reprocessing) or recycling (which involves an element of reprocessing). All of these can bring benefits to the environment and significant savings in terms of management time, wasted materials, transport and disposal charges and landfill tax. Further details on waste minimisation for the construction industry will be found in References 8 & 9. Note that concrete crushing plant may require authorisation from the local authority.

b. Waste treatment and storage All wastes must be stored in designated areas which are isolated from surface drains. Under some circumstances, for example if storing or treating material from a contaminated site, a waste management licence may be required. Skips should be covered to prevent dust and litter being blown out and rainwater accumulation and should be regularly inspected and replaced when full. Where possible, separate skips should be provided so that wastes can be segregated for recycling or to prevent cross contamination. Used chemical containers may need special handling and the manufacturer’s instructions should be followed. If plant maintenance is carried out on site, used oil should be stored in a bunded area for collection. Oil and fuel filters should also be stored in a designated bin in a bunded area for separate collection and recycling (PPG8-Reference 10). Used oil and filters are “special waste” - see 7c.

c. Waste disposal Under the Duty of Care, the waste producer has a duty to ensure that the waste contractor who removes the waste is registered with the Agency. A written description of the waste must be given to the contractor. Certain hazardous wastes are defined as being “special wastes” and a more rigorous consignment note system applies. If there is any doubt, contact the Agency for advice.

8. SILT Water containing silt should never be pumped directly into a river, stream or surface water drain. Silty water can arise from excavations, exposed ground, stockpiles, plant and wheel washing and site roads.

a. Excavations Where possible prevent water from entering excavations. Use cut-off ditches to prevent entry of surface water and well point dewatering or cut-off walls for ground water. Use the corner of the excavation as a pump sump and avoid disturbing that corner. Do not allow personnel or plant to disturb water in the excavation.

b. Exposed ground and stockpiles Minimise the amount of exposed ground and stockpiles. Stockpiles can be seeded or covered and silt fences constructed from a suitable geotextile may be useful.

c. Plant and wheel washing Wheel washes and plant washing facilities should be securely constructed with no overflow and the effluent should be contained for proper treatment and disposal. A detailed guidance note on the use of pressure washers is available (PPG13-Reference 11)

d. Site roads These should be regularly brushed or scraped and kept free from dust and mud deposits. In dry weather dust suppression measures may be required.

e. Dealing with silty water Always ensure that adequate provision for dealing with silty water is included in the site working plan. All discharges off the site will require approval. Where possible discharge to the foul sewer (see section 4b). Discharges to streams, watercourses or soakaways must have the approval of the Agency, which should be obtained well in advance. (A discharge consent can take up to four months to obtain, or even longer for difficult cases). Suitable treatment will be required, which could involve the use of a settlement lagoon or tank or a grassed area. 9. REFUELLING The risk of spilling of fuel is at its greatest during refuelling of plant. Where possible, refuel mobile plant in a designated area, preferably on an impermeable surface and away from any drains or watercourses. Keep a spill kit available. Never leave a vehicle unattended during refuelling or jam open a delivery valve. Check hoses and valves regularly for signs of wear and ensure that they are turned off and securely locked when not in use. Diesel pumps and similar equipment should be placed on drip trays to collect minor spillages. These should be checked regularly and any accumulated oil removed for disposal.

10. CONCRETE Concrete is highly alkaline and corrosive and can have a devastating impact on watercourses. It is essential to take particular care with all works involving concrete and cement especially if working near a river, stream or surface water drain. Suitable provision should be made for the washing out of concrete mixing plant or ready mix concrete lorries. Such washings must not be allowed to flow into any drain or watercourse.

11. EMERGENCIES In the event of a spillage on site, the material should be contained (using an absorbent material such as sand or soil or commercially available booms) and the Agency notified immediately using the emergency hotline number listed at the end of this guidance.

12. REFERENCES 1. Waste Management- The Duty of Care - A code of practice (revised 1996). ISBN: 0-11-753210-X: The Stationery Office Telephone: 08706 005522 2. ”Building a cleaner future“ training video pack: CIRIA/Environment Agency. To order, telephone 0845 7337700 3. Control of pollution from construction sites: C532 4. PPG5: Working in or near rivers 5. DOE Industry Profiles: DEFRA Publications, Telephone: 08459 556000 6. PPG4: Disposal of sewage where no mains drainage is available 7. PPG2: Above ground oil storage tanks 8. Waste Minimisation and Recycling in Construction - A site handbook: SP133 9. Managing materials and components on site: SP146 References 2, 8 & 9 are published by CIRIA (Construction Industry Research and Information Association) Telephone: 020 7222 8891 10. PPG8: Safe storage and disposal of used oils 11. PPG13: High pressure water and steam cleaners References 2, 4, 6, 7, 10 & 11 are available free of charge, from the Agencies

All the Agencies’ pollution prevention guidance notes are available on the web sites listed below. ENVIRONMENT AGENCY SCOTTISH ENVIRONMENT & ENVIRONMENT HERITAGE SERVICE HEAD OFFICE PROTECTION AGENCY Rio House, Waterside Drive, , Aztec West Calvert House, Almondsbury, Bristol BS32 4UD. CORPORATE OFFICE 23 Castle Place, Tel: 01454 624 400 Fax: 01454 624 409 Erskine Court Belfast World Wide Web: http: //www.environment-agency.gov.uk The Castle Business Park BT1 1FY Stirling FK9 4TR Tel: 028 9025 4868 REGIONAL OFFICES Tel: 01786 457 700 Fax: 028 9025 4777 Fax: 01786 446 885 World Wide Web: http: //www.ehsni.gov.uk SOUTHERN ANGLIAN World Wide Web: http: //www.sepa.org.uk Kingfisher House Guildbourne House Goldhay Way Chatsworth Road Orton Goldhay Worthing AREA OFFICES West Sussex BN11 1LD Peterborough PE2 5ZR HIGHLANDS, ISLAND Tel: 01903 832 000 Tel: 01733 371 811 AND GRAMPIAN AREA Fax: 01733 231 840 Fax: 01903 821 832 Graesser House MIDLANDS SOUTH WEST Fodderty Way The 24-hour emergency hotline number for reporting all Sapphire East Manley House Dingwall Business Park environmental incidents relating to air, land and water in 550 Streetsbrook Road Kestrel Way Dingwall IV15 9XB England, Wales, Scotland and Northern Ireland. Solihull B91 1QT Exeter EX2 7LQ Tel: 01349 862 021 Tel: 0121 711 2324 Tel: 01392 444 000 Fax: 01349 863 987 Fax: 01392 444 238 Fax: 0121 711 5824 SOUTH WEST AREA EMERGENCY HOTLINE NORTH EAST THAMES SEPA West Rivers House Kings Meadow House 5 Redwood Crescent 21 Park Square South Kings Meadow Road Peel Park Reading RG1 8DQ East Kilbride G74 5PP 0800 80 70 60 Leeds LS1 2QG Tel: 0113 244 0191 Tel: 0118 953 5000 Tel: 01355 574 200 Fax: 0113 246 1889 Fax: 0118 950 0388 Fax: 01355 574 688 NORTH WEST WALES SOUTH EAST AREA PO Box 12 Ty Cambria/ Clearwater House Richard Fairclough House Cambria House Heriot-Watt Research Park Knutsford Road 29 Newport Road Avenue North Warrington WA4 1HG Cardiff CF24 0TP Riccarton Tel: 01925 653 999 Tel: 029 2077 0088 Edinburgh EH14 4AP Fax: 01925 415 961 Fax: 029 2079 8555 Tel: 0131 449 7296 Fax: 0131 449 7277

Printed on Cyclus TCF Recycled Paper. HO-02/03-5K-C-AUDJ