Session 2 (2004)

1. The Committee has requested the Promoter (prior to the second phase of the Consideration Stage):

2. The Promoter is currently drafting a leaflet explaining in layman's terms the process by which compensation can be claimed and the circumstances in which it will apply.

3. This leaflet will be reviewed prior to issue by Clackmannanshire Council's Support Services Manager, Aileen Littlejohn, who has previously gained a Crystal Mark award from the Plain English Campaign for her work on Council publications.

4. Once the contents of the leaflet have been agreed, the Promoter intends to use the Royal Mail's Door-to-Door service to deliver the leaflets to all households within the vicinity of the project, as defined by post codes. In addition, the Promoter plans to lodge additional copies of the leaflet in the Scottish Parliament Partner Libraries¹ and the three local authority Council offices,² and is planning to distribute additional leaflets to Parliamentary Constituency Offices³ and local Community Councils covering the project area⁴. Furthermore, a copy of the leaflet will be published on the project website, www.sakrailway.co.uk.

5. Additional copies of the leaflet will be handed out to all parties who express interest in gaining further information on the compensation process, and to all landowners and tenants with whom discussions regarding land acquisition are undertaken.

6. In order to progress the Stirling - Alloa - Kincardine Route Re-opening project, the next major step forward for the project will be the award of the two phase Design and Build (D&B) Contract. The preferred tenderer has already been identified, and Clackmannanshire Council decided on 3 June 2004, following legal advice on competence and risk, to authorise Phase 1 of the D&B Contract. It is proposed that the award letter will now be issued to the Contractor within a few working days. The Committee will note that at this stage the Council has committed to Phase 1 of the D&B Contract only. The authorisation of Phase 2 of the Contract will be dependant upon Royal Assent being granted to the Stirling-Alloa-Kincardine Railway and Linked Improvements Bill.

7. Phase 1 of the contract, which covers design development and agreement of price, will therefore commence in early June 2004 and will extend for approximately 16 weeks or until the Bill is enacted, whichever is later. There is no end date specified in the form of contract for Phase 1, as the programme is in part dependent on the parliamentary process and as such the Promoter cannot accurately predict milestone dates.

8. Once the Bill is enacted, a price agreed, 100% of the necessary funding obtained, access to Network Rail's land obtained and there has been an adjustment of risk between the key stakeholders, a "Notice to Proceed to Construction" will be issued. These matters will be progressed in parallel with the Contractor undertaking Phase 1 of the Contract. Their completion will initiate Phase 2, which covers the detailed design and construction stages of the project. Based on the current project programme, the earliest date that Phase 2 can start is 24 September 2004.

9. During Phase 1 of the Contract, the Promoter will be working with the Contractor to develop the consultation strategy for the remainder of the project duration. In tandem with this, the Promoter's team will be commencing detailed discussions with directly affected landowners to discuss the possibility of obtaining land and rights by agreement, rather than by exercising the compulsory purchase powers which are being sought in the Bill. These discussions will commence in late June/early July 2004, and will continue until all land acquisition is complete.

10. A key element of these discussions will be the identification and agreement of mitigation measures. During Phase 1, such discussion will revolve around concepts, for example, if noise mitigation is required, whether the landowner would prefer physical mitigation such as a wooden noise barrier, or financial compensation in lieu of physical works. Once Phase 2 commences, such agreements relating to physical mitigation measures can be finalised. It is anticipated that consultation on detailed mitigation matters, e.g. the exact position and colour of noise barriers, will continue for approximately one year from the start of Phase 2.

11. Detailed design is likely to be undertaken on a phased approach, with key elements such as the track position, both horizontal and vertical, being fixed and frozen first. Elements such as the landscaping to the Alloa Eastern Link Road will follow as and when required to suit the Contractor's programme of works. The detailed design of all environmental mitigation measures, such as landscaping, will therefore be phased throughout Phase 2 of the works, with consultation being undertaken in advance and in parallel.

12. Allied to this specific consultation with affected landowners there will be more general public consultation going on to ensure that the wider community is fully informed about the project's progress and any direct impacts it may have on their lives, such as road and footpath closures. This renewed public consultation is about to commence with a leaflet being issued to communities along the route, advising of the forthcoming ground investigation works which need to be carried out in advance of the detailed design.

13. The Promoter is strongly of the view that letting Phase 1 of the Contract at this early date will provide the Contractor with the scope for building up good relationships with landowners and other parties whose interests are affected by the Bill proposals at the earliest possible opportunity. It will also enable the Contractor to begin the process of forging good relationships with other stakeholders including Network Rail and local planning authorities.