GROUP 17 - OBJECTION NO: 144

ADM MILLING LTD PROMOTER WITNESS STATEMENT MARK BAIN Contents 1. Resume 2. Scope of Evidence 3. Access, Permitted Routes and Restrictions 4. Conclusions 1. Resume 1.1 I am Mark M Bain. I am a Senior Engineer with Mott MacDonald for the Technical

Consultants, commissioned to examine the technical aspects of the project. I am a Chartered Engineer and a Member of the Institution of Civil Engineers. I have 16 years experience in Civil Engineering, half of which has been spent in the planning and design of transportation projects including those tram and light rapid transit projects in Glasgow, Liverpool, Manchester, as well as, Edinburgh.

2. Scope of Evidence 2.1 The evidence addresses

(i) Access, permitted routes and restrictions 2.2 This statement should be read in conjunction with Mott MacDonald Drg. No.

203011\EDIN\0694. 3. Access, Permitted Routes and Restrictions 3.1 The objector is principally concerned about pedestrian and vehicular access to their

property at ADM Milling being maintained, during construction and operation of the tram system.

3.2 There is some doubt as to exactly where Ocean Drive and Western Harbour Road

begin and end. For clarity, in relation to this evidence, it is assumed that Ocean Drive runs eastwards from the vehicular exit from the ADM Milling premises, while Western Harbour Road runs westwards from the same point.

3.3 The current means of pedestrian access to the ADM Milling site is as follows;

• Ramped access from Lindsay Road pelican crossing down to Ocean Drive and Western Harbour Road some 100m east of the main access to the site; and

• Stair access from Lindsay Road at non formalised pedestrian crossing down to Western Harbour Road which is directly to the south of the main access to the site.

3.4 The current means of vehicular access to the ADM Milling site is as follows;

• Access along Ocean Drive and Western Harbour Road from Portland Place/Commercial Street/Ocean Drive/ Lindsay Road junction some 600m approximately to the east of the main access to the site; and

• Access along Ocean Drive and Western Harbour Road from North Leith

Sands/Lindsay Road junction some 400m approximately to the east of the main access to the site. It should be noted that North Leith Sands is currently temporarily stopped up, adding to the objectors concerns regarding vehicular access. These concerns have been alleviated through recent discussions with ADM Milling representatives, attended by Mott MacDonald and Forth Ports, within which Forth Ports advised ADM Milling that a planning application is currently under consideration which covers works to bring the road up to adoptable standards. Forth Ports also advised that the stopping up was only temporary.

3.5 Both pedestrian and vehicular access from the west along Western Harbour Road

is currently precluded by Forth Ports principally for safety reasons due to the high volume of construction traffic movements associated with the Western Harbour site preparation works. This stopping up from the Lindsay Road/Pier Place/Newhaven Place roundabout to Western Harbour Road immediately west of the vehicular access to the ADM Milling premises is only temporary. Forth Ports are promoting plans to reconfigure the aforesaid roundabout into a traffic signalled junction to gain improved access to the Western Harbour development area. These plans are crucial to the continued development of the Western Harbour development area, and as such Forth Ports have lodged a reserved matters planning application to the City of Edinburgh Council for a number of junctions (including this junction) and the associated connecting roads in this area. This application is currently under consideration. Given the strategic importance of this junction to the overall development of the area, it is highly likely that some form of junction will be granted planning permission. When such permission is granted, it is highly likely that this junction and associated connecting roads will be operational prior to the commencement of any tram construction works. It should be noted that significant improvements for cyclists are inherent in this application.

3.6 In order to allow for integrated tram operations within the Forth Ports proposed

Lindsay Road/Pier Place/Newhaven Place junction it has been necessary to make some amendments to the planning application layout submitted by Forth Ports to the City of Edinburgh Council. These amendments have been discussed with Forth Ports and their Technical Advisers through extensive consultations. The amended layout of this junction is shown on Mott MacDonald Drg. No. 203011\EDIN\0694 [P17/1].

3.7 The promoter undertakes to maintain pedestrian access to the ADM Milling site

during construction and operation of the authorised tram works as follows.

• Existing ramped access from Lindsay Road pelican crossing down to Ocean Drive and Western Harbour Road some 100m east of the main access to the site; and

3.8 In addition, it is expected that the following means of pedestrian access to the ADM

Milling site during construction and operation of the authorised tram works will also be available;

• Footways proposed by Forth Ports as part of the planning application for the

reconfiguration of Lindsay Road / Pier Place / Newhaven Place roundabout to a traffic signalled junction.

3.9 During construction and operation of the authorised tram works it is not intended to

maintain pedestrian access to Lindsay Road via the stairs directly to the south of the main access to the site. However, in recent discussions with ADM Milling representatives, attended by Mott MacDonald and Forth Ports, Forth Ports advised ADM Milling that they would give consideration to developing footways through the residential development site immediately to the west of the aforementioned stairs.

3.10 The promoter can confirm that there is no intention and no powers within the Private

Bill to permanently stop up Ocean Drive to the east of the ADM Milling vehicular egress.

3.11 The promoter undertakes to maintain vehicular access to the ADM Milling site

during construction and operation of the authorised tram works as follows.

• Access from the east along Ocean Drive and Western Harbour Road from Portland Place and/or North Leith Sands.

3.12 It is important to note that the likely preferred method of construction used to

construct the tram trackwork which crosses Ocean Drive some 200m to the east of the ADM Milling vehicular egress, will require a localised temporary closure of Ocean Drive for a period of time. During this period, if access cannot be gained from the west, Forth Ports advised ADM Milling and Mott MacDonald (in the discussions referenced above) that they would be willing to assist by providing a suitable diversionary route directly to the north of these localised tram works. This may require to be formalised in a tripartite Agreement with ADM Milling, Forth Ports and the promoter as cosignatories.

3.13 This tram trackwork crossing of Ocean Drive can be constructed wholly within the

Limits of Deviation (LoD) in two separate halves, by closing one lane at a time and maintaining bi-directional traffic flow on the other lane controlled by temporary traffic management. This method of construction is only likely to be used if an Agreement cannot be formalised to facilitate the preferred method of construction referred in 3.12.

3.14 In addition, it is expected that the following means of vehicular access to the ADM

Milling site during construction and operation of the authorised tram works will also be available;

• Roads proposed by Forth Ports as part of the planning application for the reconfiguration of Lindsay Road / Pier Place / Newhaven Place roundabout to a traffic signalled junction which will allow access from the east.

3.15 In recent discussions with ADM Milling representatives, attended by Mott

MacDonald and Forth Ports, Forth Ports advised ADM Milling that they would be afforded access via this junction and that the junction had been designed to accommodate the movements of typical vehicles that deliver/uplift to/from the ADM Milling site.

3.16 To avoid any ambiguity, Part 1 Section 3(2)(d) of the Edinburgh Tram (Line One)

Private Bill is included to prevent road vehicles inadvertently following the tram vehicle along the tram alignment where the tram alignment departs from the road onto segregated alignment. The physical crossing of the tram tracks on the Ocean Drive some 200m to the east of the ADM Milling vehicular egress would still be permitted and the road would remain open to pedestrians and road vehicles albeit via a signalled junction with priority given to the tram.

3.17 It should also be noted that the provision of tram stops near Newhaven Place and at

Ocean Terminal with integrated tram and bus platforms presents a significant betterment in relation to public transport services available to the ADM Milling workforce, which depending on journey origins may result in less dependency on private car travel.

4. Conclusion 4.1 The promoter has considered each of issues raised by ADM Milling and will

undertake to maintain pedestrian and vehicular access to the ADM Milling premises throughout construction, operation and maintenance of the tram system. This mitigation has been discussed with ADM Milling representatives with Forth Ports also present. The promoter has offered to enter into an Agreement with ADM Milling (and where appropriate Forth Ports also) to provide ADM Milling with sufficient comfort to allow them to withdraw their objection. The promoter and ADM Milling continue to correspond with objection resolution their mutual aim.

Mark M Bain Senior Engineer Mott MacDonald 20 May 2005

PROMOTER WITNESS STATEMENT STEVE MITCHELL Contents 1. Resume 2. Scope of Evidence 3. Noise Disturbance during Construction

1 Resume 1.1 My name is Steve Mitchell. I hold an Honours Degree in Physics with Modern

Acoustics. I am a Member of the Institute of Acoustics and I serve on the committee of the Institute’s Environmental Noise Group. I have worked in the field of environmental noise for 17 years specialising in the effects of transportation noise and vibration. I have published 10 academic papers on various aspects of transportation noise. I have lectured on the effects of transport noise at South Bank University, London. I have also managed major community noise research projects for the UK government.

1.2 I am a Principal Consultant with Environmental Resources Management (ERM). In

that capacity I am responsible for a team of acousticians assessing environmental noise impacts from a wide range of developments. I have assessed noise impacts from over 30 railway systems including 8 new light rail or tram proposals for the Docklands Light Railway in London, Centro in Birmingham, Merseytravel in Liverpool, and Nottingham Express Transit in Nottingham.

2 Scope of Evidence 2.1 My evidence addresses:

• Noise disturbance during construction. 3 Noise Disturbance during Construction 3.1 The Environmental Statement [P17/2] reports detailed construction noise

calculations at 50 representative noise sensitive receptors along the tram route. Chancelot Mill was not one of these, partly because only a selection of buildings were chosen for detailed assessment, but also because the mill is not considered to be particularly sensitive to noise disturbance. Flour milling facilities tend to be busy places with high levels of activity. They often have high ambient noise levels due to a variety the noise sources surrounding and within them. Chancelot Mill is no exception to this, and is, in my view not particularly sensitive to noise disturbance from construction works. Furthermore, the nearest buildings within the facility are the store and the main building which are approximately 20m and 45m from the tram route, respectively.

3.2 The Code of Construction Practice (CoCP) [P17/3] contains measures to control

noise during the works. It limits hours of working, sets noise limits and requires a series of measures to be used to control noise at source through good house

keeping and good environmental management practices. The control measures in the CoCP will be enforced through the main contract to construct the tram.

3.3 The noisiest activities in the area will include enabling works, tram stop construction

and track laying. During these activities construction noise will be audible in external areas within the mill site and potentially inside too on occasions. However, given the building uses, and for the reasons above, I do not expect construction noise to significantly affect activities within the facility.

Steve Mitchell Principal Consultant Environmental Resources Management ltd

PROMOTER WITNESS STATEMENT SCOTT MCINTOSH Contents 1. Resume 2. Scope of Evidence 3. Access, permitted routes and restrictions 4. Conclusions 1. Resume 1.1 I am Scott McIntosh. I am a Senior Consultant in Light Rail with Mott MacDonald

the Technical Consultants for the Edinburgh Tram. I hold a degree of Master of Arts from the University of Cambridge and various post graduate qualifications, I am a Member of the Permanent Way Institution. I have around 20 years experience in Light Rail, dealing with the planning, promotion, specification, design and commissioning of systems.

1.2 I have been Project Manager for a number of projects, including Croydon Tramlink

and was a member of the Board of the public/private Tramlink Project Development Group. I was a member of the UITP [International Public Transport Association] Light Rail Commission and co-author of the UITP ‘Guidelines for the Design and development of Light Rail Schemes’.

1.3 I am currently a Board member of the UK Tram consortium [the objects of which are

‘to encourage the effective development and use of light rapid transit systems in the UK…by… the development of national guidelines, codes of practice and standards based upon experience in the UK and overseas’ ]. I have advised on tramways in Europe and the Middle East and I am currently advising on tramways and light rail schemes in Blackpool, Glasgow, Manchester and Newcastle, as well as Edinburgh.

2. Scope of Evidence 2.1 The evidence addresses Code of Construction Practice - Access, permitted routes and restrictions 3. Code of Construction Practice - Access, permitted routes and restrictions 3.1 The promoter recognises that the carrying out of a large construction project such

as the Edinburgh Tram has the potential for causing disruption to residents and businesses. It is the promoter’s contention that the long-term benefits of the scheme will far outweigh any short term inconvenience, nevertheless the promoters have sought to minimise inconvenience and to mitigate problems by creating a Code of Construction Practice [COCP] [P17/3].

• The CoCP is based on experience of other large construction projects, particularly the tram schemes built in Croydon, Manchester, Nottingham and planned for Liverpool (the CoCP for Merseytram (Liverpool) was considered during the Public Inquiry of the Merseytram Draft Order deposited under the Transport and Works Act 1992 procedure).

• The CoCP has been subject to rigorous appraisal by all the parties involved in developing the project including tie, the City of Edinburgh Council, the Consultants and professional advisors to the scheme.

• The CoCP requires that the Contractor (1) shall comply with the CoCP and with all relevant Legislation, Codes, Standards and guidance from the Health and Safety Executive and HM Railway Inspectorate.

• The CoCP sets strict requirements on the Contractor in relation to Roads, Footpaths and Cycleways. S.5.2 of the code states ‘Pedestrian access to properties shall be maintained at all times where practicable unless otherwise agreed with the City of Edinburgh Council and the owners and tenants of affected properties’ . It goes on to state ‘Wherever…works interfere with…ways over which the public have a right of way… the Contractor shall construct diversion ways as necessary’.

• Diversions will have to be ‘suitable in all respects for the…traffic using the existing ways’ and ‘the widths of the diversions shall not be less than that of the existing way’

• Diversions to footways that are currently suitable accessible to wheelchairs and pushchairs shall continue to be useable by such users where reasonably practicable [s 5.4 (a)]. Other footways shall be of standards equal to current best standards.

• All diversions will be lit and signed to standards set by the City of Edinburgh Council [s. 5.1/5.4 (f)]

• At the end of diversions the roads and footways will be restored to a standard agreed with the City of Edinburgh Council [s. 5.5]

• All work sites will be surrounded by fences or hoardings which will painted in a colour and style to be approved by the City of Edinburgh Council [s. 4.2 (d)].

• The Contractor will provide an Information Centre and Website to provide information on diversions. They will also publish a weekly newsletter, in hard copy and electronically ‘detailing works to be undertaken in the forthcoming week and outlining, with appropriate maps and diagrams, any alterations to road traffic circulation patterns required by the coming week’s work’ [s. 2.1/2.2].

• Additional protective clauses prevent Contractor’s delivery vehicles loading or unloading on the highway [s. 4.4 (b)] and set up a complaints Hotline to ensure that any problems are quickly attended to [ s. 2.3].

• It is the contention of the promoter that compliance with the CoCP will be a requirement of all the construction contracts.

3. Conclusion 3.1 It is our contention that these measures, taken as a package, will reduce

interference to adjoining frontagers and businesses to an absolute minimum and will enable businesses such as ADM Milling Limited to continue operating efficiently during the tramway works

Scott McIntosh Technical Expert Mott MacDonald