Item no 8.3 Report no CEC/02/11-12/CD

Harperrig Reservoir: Proposed Local Nature Reserve

The City of Edinburgh Council 2 June 2011

1 Purpose of report

1.1 The purpose of this report is to seek Council approval of a finalised agreement between City of Edinburgh Council and West Lothian Council relating to a Local Nature Reserve (LNR) at Harperrig Reservoir.

2 Summary

2.1 Harperrig Reservoir is located within the West Lothian Council boundary but is owned by City of Edinburgh Council (CEC) for reasons of flood risk management. Both Councils have an aspiration to declare the reservoir a LNR. This requires a legal agreement to be made between the two councils. This report sets out the purpose of the legal agreement and seeks its approval. Key elements of the agreement are that it ensures the Council is able to continue to manage the reservoir as necessary for flood risk purposes and if necessary terminate the agreement with 12 months written notice.

3 Main Report

3.1 Harperrig Reservoir lies to the north of the Pentland Hills, near to the A70 and to the south west of Kirknewton. It is located within the Pentland Hills Regional Park. In 2007 the reservoir changed ownership from Scottish Water to the City of Edinburgh Council as part of the Water of Leith Flood Prevention Scheme. The reservoir is within the boundary of West Lothian Council. (See appendix 1)

3.2 A local management group, including Council staff from the Pentland Hills Regional Park and the Flood Prevention Team, was established and produced the Harperrig Local Nature Reserve Management Plan 2009 - 2014. A key objective of the management plan was to obtain LNR status for the site.

3.3 A LNR is a protected area of land designated by a local authority because of its local special natural interest and/or educational value. Local planning authorities have exclusive statutory powers to declare, set up and manage LNRs under Section 21 of the National Parks and Access to the Countryside Act 1949.

1

3.4 In order to establish the reserve, the declaring authority must have legal interest in the site and be prepared to make nature conservation the principal managing objective. Legal interest in the site can be established by drawing up a legal agreement between the landowner and those wishing to have management responsibilities of the LNR.

3.5 It is not anticipated that LNR status will compromise flood risk management, however the agreement includes the following main points to ensures Council can:

 fulfil its statutory obligations in terms of the Flood Risk Management (Scotland) Act 2009 and;

 terminate the agreement following 12 months written notice.

3.6 The Planning and Legal Services of both the Council and West Lothian Council are content that the finalised agreement is a good basis for progressing formal declaration. The agreement must be approved by full Council as it gives management responsibility of Council land to West Lothian Council. The finalised agreement when approved will be signed by Legal Services.

4 Financial Implications

4.1 The maintenance of the reservoir is covered by the Council's revenue budget. However LNR declaration may give West Lothian Council access to grants which could be used to progress actions contained within the management plan.

5 Equalities Impact

5.1 There is no relationship between the matters described in this report and the public sector general equality duty.

5.2 There is no direct equalities impact arising from this report.

6 Environmental Impact

6.1 The LNR process encourages community involvement in the management of sites, along with conserving and enhancing their wildlife, developing educational opportunities and managing recreational uses. The agreement with West Lothian Council will have a positive impact on the environment,

7 Conclusions

7.1 Formal agreement with West Lothian Council will allow declaration of Harperrig Reservoir as an LNR and the ability to access funds for its positive management benefiting biodiversity and recreation. Once agreed, Legal officers from both authorities will sign the agreement.

2

8 Recommendations

8.1 It is recommended that:

a) Council approves the finalised agreement; and

b) The finalised agreement is referred to West Lothian Council to progress as part of the LNR declaration process.

Dave Anderson Director of City Development

Appendices 1 Boundary map of Harperrig Reservoir proposed LNR 2 Local Nature Reserve Harperrig Reservoir: finalised Legal Agreement

Contact/tel/Email Julie Dewar 0131 469 3625 [email protected]

Wards affected All

Single Outcome Supports National Outcome 12: We value and enjoy our built and natural Agreement environment and protect it and enhance it for future generations

Supports Edinburgh Outcome: Edinburgh’s natural and built environment is supported and enhanced.

Background Harperrig Management Plan 2009 -14 Papers http://www.snh.org.uk/pdfs/publications/designatedareas/LNRinScotland.pdf

JD/FM/COMMS/CEC - Harperrig PLNR 5 May 2011

3

Appendix 2

LOCAL NATURE RESERVE

HARPERRIG RESERVOIR

AGREEMENT

between

WEST LOTHIAN COUNCIL constituted under the Local Government Etc (Scotland) Act 1994 and having their Principal Offices at West Lothian Civic Centre, Howden South Road, Livingston, West Lothian EH54 6FF (who and whose statutory successors as proprietors of the subjects (as hereinafter defined) for the Local Government Area of West Lothian are hereinafter referred to as "West Lothian");

and

THE CITY OF EDINBURGH COUNCIL, the Local Authority for the said city in terms of the Local Government Etc (Scotland) Act 1994 and having their Principal Office at City Chambers, High Street, Edinburgh (hereinafter called "Edinburgh")

each a “party” and together the “parties”.

WHEREAS:

FIRST Edinburgh are heritable proprietors of that area of ground lying at Harperrig in the County of West Lothian extending to Ninety six (96) Hectares or thereby and shown delineated and outlined in red on the plan annexed and executed as relative hereto (which area of land is hereinafter referred to as "the West Lothian Land").

SECOND West Lothian intends to secure the provision of a local nature reserve on the Edinburgh Land which is to be called the Harperrig Local Nature Reserve all in terms of Section 21 of the National Parks and Access to the Countryside Act 1949 ("the Act").

THIRD West Lothian and Edinburgh have mutually agreed to enter into this Agreement in accordance with the provisions of part III of the Act as amended.

FOURTH West Lothian have consulted with Scottish Natural Heritage over the establishment of the Harperrig Local Nature Reserve.

Now therefore it is hereby agreed between the parties hereto as follows:-

(One) West Lothian shall, under the provisions of Section 19 of the Act, declare the said area of land at Harperrig Reservoir as a Local Nature Reserve.

PLA-004792 / 132653 Page 1

(Two) The Harperrig Local Nature Reserve shall be maintained by a Local Management Group as set out in this Agreement, as a nature reserve within the meaning of Section 15(a) and (b) of the Act.

(Three) West Lothian and Edinburgh shall set up a Local Management Group for the purposes of managing the Harperrig Local Nature Reserve. The Local Management Group shall manage the Harperrig Local Nature Reserve in accordance with the objective and management policies stated in the Harperrig Local Nature Reserve Management Plan 2009 – 2014, provided that the Local Management Group shall not carry out any works or operations which could impact on Edinburgh’s statutory obligations to deliver sustainable flood risk management in terms of the Flood Risk Management (Scotland) Act 2009. The Local Management Group shall regularly review and update the Harperrig Local Nature Reserve Management Plan and report progress to West Lothian and Edinburgh. The Local Management Group will comprise the following members:-

(a) For West Lothian, two representatives;

(b) For Edinburgh, two representatives;

(c) To represent the owners of land around Harperrig Reservoir, and local residents, a minimum of two and maximum of four representatives.

(Four) The purpose of the Harperrig Local Nature Reserve Management Plan will be to create policies and objectives regarding the Reserve being managed as a Local Nature Reserve. Such policies and objectives will be subject to the rights and provisions of this Agreement.

(Five) Edinburgh or West Lothian may carryout works on the Harperrig Local Nature Reserve without the requirement that the Local Management Group be informed, provided that West Lothian shall not carry out any works or operations which could impact on Edinburgh’s statutory obligations to deliver sustainable flood risk management in terms of the Flood Risk Management (Scotland) Act 2009. Where appropriate however, either party shall give prior notification to the Local Management Group of the nature and timing of any such work. For the avoidance of doubt, if Edinburgh or West Lothian are of the opinion that works are required for repair, maintenance, improvement, safety and security to any services or to any part of the Harperrig land they shall be permitted, without prior consultation with the Local Management Group to carryout such works as they deem fit.

(Six) Nothing in this Agreement shall impose (a) any obligation on West Lothian for the maintenance, repair or renewal of any boundary fences on the Edinburgh land.

(Seven) Either party shall be entitled to terminate this Agreement by giving to the other Twelve months prior written notice to that effect. In such an event (1) the Management Group will be dissolved and (2) Edinburgh will be bound to make a declaration in terms of Section 19(3) of the Act to the effect that (i) this Agreement is no longer in force; (ii) the Reserve as a Local Nature Reserve ceases to exist or be managed as a Local Nature Reserve and (iii) to take all necessary steps to ensure that the Local Nature Reserve ceases to exist.

PLA-004792 / 132653 Page 2

(Eight) In respect of the governing law and jurisdiction, this Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the laws of Scotland.

(Nine) The parties irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Agreement or its subject matter or formation (including non- contractual disputes or claims).

IN WITNESS WHEREOF this Agreement consisting of this and the preceding two (2) pages, is executed as follows:

Subscribed for and on behalf of Subscribed for and sealed on behalf of

THE CITY OF EDINBURGH COUNCIL by WEST LOTHIAN COUNCIL by

………………………………………………. ……………………………………………….

……………………………………Full Name ……………………………………Full Name at Edinburgh on the day at Livingston on the day of 2010 of 2010 before this witness:

………………..……………… Full Name

………………………….………..Address

……………………………………………….

……………………………………………….

PLA-004792 / 132653 Page 3