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The Moray Council THE MORAY COUNCIL MINUTE OF MEETING OF THE ECONOMIC DEVELOPMENT AND INFRASTRUCTURE SERVICES COMMITTEE TUESDAY 20 OCTOBER 2015 COUNCIL OFFICE, ELGIN PRESENT Councillors J Cowe, (Chair), G Cowie, (Depute Chair), S Cree (ex-officio), G Alexander, G Coull, J Divers, G Leadbitter, G McDonald, A McLean, F Murdoch, P Paul, D Ross, R Shepherd and S Warren. ALSO PRESENT Councillor D Slater (for Item 5) APOLOGIES Apologies for absence were intimated on behalf of Councillor A Wright. IN ATTENDANCE The Chief Executive, the Head of Direct Services, the Head of Development Services, the Legal Services Manager (Property & Contracts), the Transportation Manager, the Roads Maintenance Manager, the Public Transport Manager, the Planning and Economic Development Manager, the Senior Engineer Traffic, Carl Coghill Technician (Consultancy), Andy Jamieson, Community Safety Officer and the Democratic Services Manager as Clerk to the Meeting. 1. DECLARATION OF GROUP DECISIONS In terms of Standing Order 20 and the Councillors’ Code of Conduct, Councillor Leadbitter declared a personal interest in Item 6 “Elgin Western Link Road – Design Changes and Cost Review”. The Meeting noted that there were no further declarations from group leaders or spokespersons in regard to any prior decisions taken on how members will vote on any item on the agenda or any declarations of member’s interests in respect of any item on the agenda. 2. MINUTE OF THE ECONOMIC DEVELOPMENT AND INFRASTRUCTURE SERVICES COMMITTEE DATED 25 AUGUST 2015 The Minute of the meeting of the Economic Development and Infrastructure Services Committee dated 25 August 2015 was submitted and approved. 3. WRITTEN QUESTIONS The Meeting noted that no written questions had been submitted. 4. FLOOD PROTECTION SCHEME FEASIBILITY STUDIES A report was submitted by the Corporate Director (Economic Development, Planning & Infrastructure) asking the Committee to consider studies into potential flood protection schemes at Hopeman, Dallas, Portessie and Arradoul and agree a course of action, making recommendations to The Moray Council where there are budgetary implications. On the invitation of the Chairman, Councillor Slater addressed the meeting and stated that he wished to thank everyone for the welcome he had received since he was elected following the by-election on the 1 October 2015 and thanked the Chairman for allowing him the opportunity to address the meeting in relation to the proposed flood protection scheme for Hopeman. He further stated that, in his opinion, a strong business case had been presented in respect of a flood protection scheme for Hopeman and urged the Committee to recommend it to the Council. Following discussion the Committee agreed to recommend to The Moray Council that flood protection schemes for Hopeman and Portessie are taken forward as detailed in the report. During further discussion in relation to flood protection for Dallas Councillor Murdoch, seconded by Councillor Paul, moved that the Committee agree to progress a scheme for Dallas; that a more detailed report on the options be provided to the Moray Council meeting and that a site visit be undertaken prior to the meeting of the Council. In response the Head of Direct Services advised that due to the timescale for reporting to the next meeting of the Council it may not be possible to provide this information in time and therefore consideration in relation to a flood prevention scheme for Dallas may need to be deferred. Thereafter following further discussion, and with the agreement of Councillor Murdoch and Councillor Paul, the Committee agreed that it is supportive of flood protection for Dallas beyond the 1 in 200 design standard and that it recommend to the Moray Council consideration of the detail and cost for flood protection for Dallas and that site visit be arranged prior to the Council meeting. During further discussion Councillor Ross, seconded by Councillor Coull, moved that a report be provided to this Committee giving information on the issues raised in regard to silting up of rivers and dredging and what measurement the Council uses in regard to silting. There being no-one otherwise minded this was agreed. Following further discussion and in response to a query raised by Councillor Leadbitter, it was agreed that a briefing be provided to Members on emergency procedures for Dallas in the event of surface water flooding. In relation to Arradoul, Councillor Warren sought an assurance that this Committee will receive a report on Property Level Protection (PLP) in the future and asked whether the surface water drainage issues experienced on the A98 could be looked at meantime. In response the Consultancy Manager advised that PLP was a national issue that was currently being looked at and once the national position is agreed that a report in regard to PLPs will be provided to a future meeting of this Committee and that he would refer the issues raised in regard to the surface water drainage to Roads Maintenance. Following further discussion Councillor McDonald asked what advice could the Council provide to communities to enable them to help themselves to protect their properties from flooding. In response the Consultancy Manager confirmed the advice available from the Council and the Scottish Flood Forum and that this will be provided to communities to enable them to protect their own properties. Thereafter the Committee agreed: (i) to recommend to The Moray Council that Flood Protection Schemes for Hopeman and Portessie are taken forward and the Capital Plan amended to include £830,000 for the Hopeman scheme and £3.65 million for the Portessie scheme; (ii) that this Committee is supportive of flood protection for Dallas beyond the normal 1 in 200 year design standard and to recommend that The Moray Council consider the detail and cost of a scheme for flood protection for Dallas; (iii) that further clarification on options available be provided within the report to the Moray Council and that a site visit to Dallas be undertaken prior to the Council meeting; (iv) that a briefing note be provided to Members on emergency procedures for Dallas; (v) to note once the national position is agreed that a report in regard to PLPs will be provided to a future meeting of this Committee and that in the meantime communities will be provided with information to enable them to protect their own properties; (vi) that the issues raised in relation to flooding/drainage issues on the A98 at Arradoul be referred to Roads Maintenance; (vii) that a report be provided to a future meeting providing information on the issues raised in regard to silting up of rivers and dredging and what measurement the Council uses in regard to silting. (viii) that there is no practical or economic means of providing further flood protection to Arradoul by means of a Flood Protection Scheme and it was therefore not taken forward; and (ix) to note the change to construction start date and opportunity of potential grant funding for Newmill Flood Protection Scheme Phase 2. 5. ELGIN WESTERN LINK ROAD – DESIGN CHANGES AND COST REVIEW Under reference to paragraph 5 of the Minute of the Meeting of this Committee dated 25 November 2014, a report was submitted by the Corporate Director (Economic Development, Planning & Infrastructure) informing Committee of changes to the Elgin Western Link Road design intended to address reasons for the planning application being refused; to note cost changes since November 2014 and recommend that The Moray Council adjusts the Capital Plan accordingly. Councillor Leadbitter, having declared a personal interest in this item, left the meeting at this juncture taking no part in the discussion or decision. The Chairman stated that the report identified increased costs associated with the design changes which have arisen following a workshop held on 25 June 2015 following refusal of the planning application, and which included a stakeholder group comprising those who spoke at the planning hearing. He further stated that whilst there was legitimate reasons for the increased costs, there was in his view, an even more positive business case to promote the scheme and referred to a recent Scottish Government announcement that 50,000 affordable houses are to be built in the next 5 years, the dualling of the A96 which he believed will complement the Western Link Road and the investment in the rail link between Aberdeen and Inverness which will increase the number of train journeys between Elgin and Inverness with the coincidental closing of the Wards Road crossing on a more regular basis and for longer periods. He further reminded Members that the purpose of the report was to consider the financial implications of the amendments to the Scheme and to make a recommendation on the increased cost to the Moray Council and that in terms of the Code of Conduct and good governance Members should not become involved in the detail of the changes made to the Scheme which properly fall to be considered as part of any revised planning application to be submitted. In conclusion he recommended approval of the recommendations to the Committee and so moved. Councillor Ross sought clarification as to whether the Chairman could move approval of the recommendations before any information had been provided by officers or discussion had taken place. In response Mrs Scott, Legal Services Manager (Property and Contracts) advised that the detail was in the report for Members and that further clarification of points could be provided by the Consultancy Manager but that it was open to the Chairman, having introduced the report and the details there to move the recommendations. Following a summary of the background to the report by the Consultancy Manager, Councillor McDonald stated that he has had consistent issues with this project on economic grounds and he believed that both the capital and revenue costs should be looked at together.
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