Section 63A — Compliance with Code of Construction Practice and Noise and Vibration Policy

Edinburgh Tram (Line One) Bill: Final Stage – in the Scottish Parliament at 3:30 pm on 29th March 2006.

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Amendment 12 moved—[Lord James Douglas-Hamilton].

Photo of George Reid George Reid None

The question is, that amendment 12 be agreed to. Are we agreed?

Members:

No.

Division number 2

For: Aitken, Bill, Brocklebank, Mr Ted, Brownlee, Derek, Davidson, Mr David, Douglas-Hamilton, Lord James, Fergusson, Alex, Fraser, Murdo, Johnstone, Alex, McGrigor, Mr Jamie, McLetchie, David, Milne, Mrs Nanette, Mitchell, Margaret, Scott, John, Tosh, Murray
Against: Adam, Brian, Arbuckle, Mr Andrew, Baillie, Jackie, Baird, Shiona, Baker, Richard, Ballard, Mark, Barrie, Scott, Boyack, Sarah, Brankin, Rhona, Brown, Robert, Butler, Bill, Chisholm, Malcolm, Craigie, Cathie, Cunningham, Roseanna, Curran, Ms Margaret, Deacon, Susan, Eadie, Helen, Finnie, Ross, Gibson, Rob, Glen, Marlyn, Godman, Trish, Gordon, Mr Charlie, Grahame, Christine, Harper, Robin, Harvie, Patrick, Henry, Hugh, Home Robertson, John, Hughes, Janis, Hyslop, Fiona, Ingram, Mr Adam, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Lyon, George, MacAskill, Mr Kenny, Macdonald, Lewis, MacDonald, Margo, Maclean, Kate, Macmillan, Maureen, Martin, Paul, Marwick, Tricia, Mather, Jim, Maxwell, Mr Stewart, May, Christine, McAveety, Mr Frank, McMahon, Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Morgan, Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Munro, John Farquhar, Murray, Dr Elaine, Neil, Alex, Oldfather, Irene, Peacock, Peter, Peattie, Cathy, Pringle, Mike, Purvis, Jeremy, Radcliffe, Nora, Robson, Euan, Rumbles, Mike, Ruskell, Mr Mark, Scott, Eleanor, Scott, Tavish, Smith, Elaine, Smith, Iain, Smith, Margaret, Stephen, Nicol, Stevenson, Stewart, Stone, Mr Jamie, Swinney, Mr John, Turner, Dr Jean, Wallace, Mr Jim, Welsh, Mr Andrew, White, Ms Sandra, Whitefield, Karen, Wilson, Allan
Abstentions: Gallie, Phil, Gorrie, Donald

Photo of George Reid George Reid None

The result of the division is: For 14, Against 82, Abstentions 2.

Amendment 12 disagreed to.

Amendment 13 moved—[Margaret Smith].

Photo of George Reid George Reid None

The question is, that amendment 13 be agreed to. Are we agreed?

Members:

No.

Division number 3

For: Aitken, Bill, Brocklebank, Mr Ted, Brownlee, Derek, Davidson, Mr David, Douglas-Hamilton, Lord James, Fergusson, Alex, Fraser, Murdo, Gorrie, Donald, Johnstone, Alex, McGrigor, Mr Jamie, McLetchie, David, Milne, Mrs Nanette, Mitchell, Margaret, Scott, John, Smith, Margaret, Tosh, Murray, Turner, Dr Jean
Against: Adam, Brian, Arbuckle, Mr Andrew, Baillie, Jackie, Baird, Shiona, Baker, Richard, Ballard, Mark, Barrie, Scott, Boyack, Sarah, Brankin, Rhona, Brown, Robert, Butler, Bill, Chisholm, Malcolm, Craigie, Cathie, Cunningham, Roseanna, Curran, Ms Margaret, Deacon, Susan, Eadie, Helen, Finnie, Ross, Gallie, Phil, Gibson, Rob, Glen, Marlyn, Godman, Trish, Gordon, Mr Charlie, Grahame, Christine, Harper, Robin, Harvie, Patrick, Henry, Hugh, Home Robertson, John, Hughes, Janis, Hyslop, Fiona, Ingram, Mr Adam, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Lyon, George, MacAskill, Mr Kenny, Macdonald, Lewis, Maclean, Kate, Macmillan, Maureen, Martin, Paul, Marwick, Tricia, Mather, Jim, Maxwell, Mr Stewart, May, Christine, McAveety, Mr Frank, McMahon, Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Morgan, Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Munro, John Farquhar, Murray, Dr Elaine, Neil, Alex, Oldfather, Irene, Peacock, Peter, Peattie, Cathy, Pringle, Mike, Purvis, Jeremy, Radcliffe, Nora, Robson, Euan, Rumbles, Mike, Ruskell, Mr Mark, Scott, Eleanor, Scott, Tavish, Smith, Elaine, Smith, Iain, Stephen, Nicol, Stevenson, Stewart, Stone, Mr Jamie, Swinney, Mr John, Wallace, Mr Jim, Welsh, Mr Andrew, White, Ms Sandra, Whitefield, Karen, Wilson, Allan
Abstentions: MacDonald, Margo

Photo of George Reid George Reid None

The result of the division is: For 17, Against 80, Abstentions 1.

Amendment 13 disagreed to.

Photo of George Reid George Reid None

Group 6 is on the definition of night time for noise levels. There will be a change of Presiding Officer shortly, but I will get matters under way. Amendment 14, in the name of Margaret Smith, is grouped with amendments 17 and 18.

Photo of Margaret Smith Margaret Smith Liberal Democrat

My remarks will be brief, because I have already mentioned the issue. In her epistle on noise, Jackie Baillie gave us an understanding of the different levels and measurements that apply. Another factor that alters is the definition of the hours between which night time is taken to fall: sometimes night time is taken to start at midnight and sometimes it taken to start at 11 o'clock. My understanding is that both those times figure in the promoter's noise and vibration policy, and in some schemes 10 o'clock has been taken as the beginning of night time. It would be common sense and reasonable to adopt a definition of night time as falling between 10 o'clock at night and 7 o'clock in the morning.

In passing, I acknowledge that the committee took the issue into account in some of its work, for example on construction times.

I move amendment 14.

Photo of Jackie Baillie Jackie Baillie Labour

On this occasion, I thought that I would regale Parliament with a little poetry.

I am not sure that the poet Alvarez would agree with the sentiment that the night be extended, and I am afraid that the promoter does not agree, either. Let me share with members what Alvarez thought about the night:

"There is something ... not quite right about night life, something shadowy in every sense. However efficiently artificial light annihilates the difference between night and day, it never wholly eliminates the primitive suspicion that night people are up to no good."

Margaret Smith, however, wants to extend the night time.

It might assist members if I provide a little background on the genesis of the times in the current policy. Around the early 1990s, a consensus emerged on the period that should be treated as night when noise is being assessed. In the United Kingdom, it was agreed to use 23:00 to 07:00 hours, because that is the core rest period. PAN 56 and BS6472 for vibration use that convention. The Mitchell committee—which I had hoped to tell Parliament about earlier, but did not have time to—recommended that the hours of 23:00 to 07:00 be used.

The noise insulation regulations for road traffic noise predate the adoption of that definition. Conventionally, the day period for road traffic noise was 06:00 to midnight and there was no night-time period. It is important that members are clear that different time limits for the significant noise impact and noise insulation triggers are set out in the noise and vibration policy, which I will now summarise. For significant noise impact, night time is taken to fall between 23:00 and 07:00; for noise insulation, it is taken to fall between 00:00 and 06:00; and for vibration impacts, it is taken to fall between 23:00 and 07:00.

When the Government made the Noise Insulation (Railways and Other Guided Transport Systems) Regulations 1996 (SI 1996/428), which apply in England and Wales, it wanted to ensure consistency with the regulations for road traffic, so the midnight to 06:00 hours definition of night was used. The regulations also cover the remaining day period, but with higher limits.

As I have shown, the definition of night time for significant noise impact for noise and vibration to which the committee has agreed is as recommended in the Mitchell committee report, PAN 56 and BS6472. In addition, for noise insulation the noise and vibration policy mirrors the regulations that apply in England and Wales. In my view, there appears to be no sensible reason to depart from the guidance that I have outlined. I therefore recommend that Margaret Smith withdraws amendment 14.

Photo of Margaret Smith Margaret Smith Liberal Democrat

I am not sure whether Jackie Baillie is suggesting that there is something of the night about me.

Photo of Margaret Smith Margaret Smith Liberal Democrat

Worse has been said about me.

In the spirit in which the debate is being conducted, I seek leave to withdraw amendment 14.

Amendment 14, by agreement, withdrawn.

Amendment 15 moved—[Donald Gorrie].

Amendment 15A moved—[Donald Gorrie].

Photo of Murray Tosh Murray Tosh Conservative

The question is, that amendment 15A be agreed to. Are we agreed?

Members:

No.

Division number 4

For: Aitken, Bill, Brownlee, Derek, Davidson, Mr David, Douglas-Hamilton, Lord James, Fergusson, Alex, Fraser, Murdo, Gorrie, Donald, Johnstone, Alex, McGrigor, Mr Jamie, McLetchie, David, Milne, Mrs Nanette, Mitchell, Margaret, Scott, John, Smith, Margaret
Against: Adam, Brian, Arbuckle, Mr Andrew, Baillie, Jackie, Baird, Shiona, Baker, Richard, Barrie, Scott, Boyack, Sarah, Brankin, Rhona, Brown, Robert, Butler, Bill, Chisholm, Malcolm, Craigie, Cathie, Cunningham, Roseanna, Curran, Ms Margaret, Deacon, Susan, Eadie, Helen, Finnie, Ross, Gallie, Phil, Gibson, Rob, Glen, Marlyn, Godman, Trish, Gordon, Mr Charlie, Grahame, Christine, Harper, Robin, Harvie, Patrick, Henry, Hugh, Home Robertson, John, Hughes, Janis, Hyslop, Fiona, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Lyon, George, MacAskill, Mr Kenny, Macdonald, Lewis, MacDonald, Margo, Maclean, Kate, Macmillan, Maureen, Martin, Paul, Marwick, Tricia, Mather, Jim, Maxwell, Mr Stewart, May, Christine, McAveety, Mr Frank, McMahon, Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Morgan, Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Munro, John Farquhar, Murray, Dr Elaine, Neil, Alex, Oldfather, Irene, Peacock, Peter, Peattie, Cathy, Pringle, Mike, Purvis, Jeremy, Radcliffe, Nora, Robson, Euan, Rumbles, Mike, Ruskell, Mr Mark, Scott, Eleanor, Scott, Tavish, Smith, Elaine, Smith, Iain, Stephen, Nicol, Stevenson, Stewart, Stone, Mr Jamie, Swinney, Mr John, Turner, Dr Jean, Wallace, Mr Jim, Welsh, Mr Andrew, White, Ms Sandra, Whitefield, Karen, Wilson, Allan

Photo of Murray Tosh Murray Tosh Conservative

The result of the division is: For 14, Against 80, Abstentions 0.

Amendment 15A disagreed to.

Photo of Murray Tosh Murray Tosh Conservative

The question is, that amendment 15 be agreed to. Are we agreed?

Members:

No.

Division number 5

For: Aitken, Bill, Brocklebank, Mr Ted, Brownlee, Derek, Davidson, Mr David, Douglas-Hamilton, Lord James, Fergusson, Alex, Fraser, Murdo, Gorrie, Donald, Johnstone, Alex, McGrigor, Mr Jamie, McLetchie, David, Milne, Mrs Nanette, Mitchell, Margaret, Scott, John, Smith, Margaret
Against: Adam, Brian, Arbuckle, Mr Andrew, Baillie, Jackie, Baird, Shiona, Baker, Richard, Ballard, Mark, Barrie, Scott, Boyack, Sarah, Brankin, Rhona, Brown, Robert, Butler, Bill, Chisholm, Malcolm, Craigie, Cathie, Cunningham, Roseanna, Curran, Ms Margaret, Deacon, Susan, Eadie, Helen, Finnie, Ross, Gallie, Phil, Gibson, Rob, Glen, Marlyn, Godman, Trish, Gordon, Mr Charlie, Grahame, Christine, Harper, Robin, Harvie, Patrick, Henry, Hugh, Home Robertson, John, Hughes, Janis, Hyslop, Fiona, Jackson, Gordon, Jamieson, Cathy, Jamieson, Margaret, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Lyon, George, MacAskill, Mr Kenny, Macdonald, Lewis, MacDonald, Margo, Maclean, Kate, Macmillan, Maureen, Martin, Paul, Marwick, Tricia, Mather, Jim, Maxwell, Mr Stewart, May, Christine, McAveety, Mr Frank, McMahon, Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Morgan, Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Munro, John Farquhar, Murray, Dr Elaine, Neil, Alex, Oldfather, Irene, Peacock, Peter, Peattie, Cathy, Pringle, Mike, Purvis, Jeremy, Radcliffe, Nora, Robson, Euan, Rumbles, Mike, Ruskell, Mr Mark, Scott, Eleanor, Scott, Tavish, Smith, Elaine, Smith, Iain, Stephen, Nicol, Stevenson, Stewart, Stone, Mr Jamie, Swinney, Mr John, Turner, Dr Jean, Wallace, Mr Jim, Welsh, Mr Andrew, White, Ms Sandra, Whitefield, Karen, Wilson, Allan

Photo of Murray Tosh Murray Tosh Conservative

The result of the division is: For 15, Against 81, Abstentions 0.

Amendment 15 disagreed to.

Photo of Murray Tosh Murray Tosh Conservative

We move to group 7: clarification of planning role in the landscape and habitat management plan. Amendment 19, in the name of Jackie Baillie, is grouped with amendments 20 to 33.

Photo of Jackie Baillie Jackie Baillie Labour

At consideration stage, we undertook to amend the bill as detailed in our second report, in the sections entitled "Roseburn Railway Corridor—Flora and Fauna" and "Roseburn Railway Corridor—Health and Safety". Section 63C was added to the bill as a result of our amendment 87.

Given that the Roseburn railway corridor is a designated urban wildlife site, we were determined that the environmental impacts be mitigated as far as possible. Although we accepted that the exact effects cannot be identified until the detailed final designs are prepared, we agreed with the objectors that mitigation is paramount. The promoter's landscape and habitat management plan is a helpful starting point in considering mitigation.

Section 63C sets the minimum requirements in that regard. It not only establishes the minimum standards of mitigation to be achieved, but details who should be consulted. It also establishes the minimum standards that must be met in any subsequent version of the landscape and habitat management plan and ensures that the standards are enforceable.

Section 63C requires the promoter to consult Scottish Natural Heritage and the emergency services on the evolution of the landscape and habitat management plan. Once final designs are available, we expect that it will be necessary to revise it further. A multi-agency approach, together with the required involvement of residents, will ensure that landscape and habitat issues are treated sympathetically.

Section 63C also ensures that other aspects of construction and operation along the Roseburn railway corridor, such as emergency access, security and drainage, will be incorporated in decisions on changes to the landscape and habitat management plan. That means that such matters will be considered along with any changes to the Roseburn corridor landscape and habitat and it ensures that, as a witness at consideration stage wrote:

"An appropriate urban fit will be achieved by addressing the existing volume of space in a holistic way".

However, the committee did not just sit back after consideration stage. On reflection, we decided that we could do even better, and exchanges between the promoter and our eagle-eyed legal advisers and clerks led to the amendments that we are considering today.

Amendments 19 to 33 are largely technical. They will tighten the drafting and give the planning authority specific authority to approve and enforce. I will spare members the experience of being taken through the amendments in the group one by one, and content myself with commenting briefly on amendments 31, 19 and 20. Amendment 31 will give the planning authority power to enforce the requirements of the landscape and habitat management plan when enforcing planning conditions. Amendments 19 and 20 follow from amendment 32 and achieve the same purpose, by which I mean that they will ensure that the documents that identify the minimum standard to be met by the code of construction practice and the noise and vibration policy are clearly defined.

I move amendment 19.

Photo of Sarah Boyack Sarah Boyack Labour

I welcome the amendments. Many people have grave concerns about these issues. Indeed, as a result of the tram proposal local groups have been established that are committed to enhancing and improving the quality of habitat management in the Roseburn area. The amendments will ensure that the bill provides a proper framework for the council to take forward habitat management. I warmly welcome the approach and look forward to the wildlife corridor's enhancement, as well as to its establishment as a transport corridor in future.

Photo of Murray Tosh Murray Tosh Conservative

Do you want to respond, Ms Baillie?

Photo of Jackie Baillie Jackie Baillie Labour

No.

Amendment 19 agreed to.

Amendments 16 to 18 not moved.

Amendment 20 moved—[Jackie Baillie]—and agreed to.