Utility Diversion Planning

The remaining thirteen recommendations cover a range of areas relating to the governance and delivery of light rail projects. While these recommendations are directed squarely at project leads and Local Authority officials, there is a link to much of the work being done by this Government and its agencies, including Transport Scotland.

I am pleased to report that this Government and its public bodies already operate in line with these recommendations and best practice as evidenced by our excellent record of delivering major infrastructure projects including the Borders Railway, the Edinburgh Glasgow Improvement Programme, the Aberdeen Western Peripheral Route and the Queensferry Crossing over the Forth Estuary, a complex engineering feat that has put our workmanship to the front and centre of global engineering.

No statement on delivery from Scottish Government has been found in the sources searched. This is separate from the response above.

4.26 The response of the Council to the Hardie Inquiry was also considered at the meeting of Council on 14 December 2023 when the recommendations of the Hardie Inquiry relevant to the Council were accepted with the exception of Recommendation 13 in relation to utilities.

4.27 Lord Hardie made specific recommendations in relation to the procurement strategy for utilities diversions as follows:
4.27.1 The procurement strategy should include a requirement that the route of the track should be exposed and cleared of utilities well in advance of the infrastructure contractors commencing their work;
4.27.2 The procurement strategy should specify the period that should elapse between the exposure and clearance of the route and the commencement of construction, to ensure that the contractors have unrestricted access to the construction site and may proceed with the infrastructure works unencumbered by the presence of utilities; and
4.27.3 In fixing the period mentioned above, the procurement strategy should take into account the length of the route to be constructed, past experience of the time taken for the diversion of utilities in light rail projects in other parts of the UK and any additional constraints peculiar to the project such as an embargo on work to divert utilities during particular periods such as the festive season or special events (e.g. the Edinburgh Festival).

4.28 The procurement strategy adopted by the project in relation to utilities was not that recommended by Lord Hardie. A key lesson learned identified from the first phase of tram delivery was that roads should be opened up only once and that all works should be completed prior to reinstatement. For the project from York Place to Newhaven, the approach taken was that utilities were cleared from a Tram Infrastructure Clearance Zone (TICZ) immediately in advance of infrastructure delivery. Importantly, dimensions of the TICZ were specified by the Infrastructure and Systems Contractor which mitigated a significant risk of utilities being diverted without the spatial design being completed. The road was not reinstated between the utility diversions being completed and installation of the infrastructure. The risk of unforeseen utility diversions was mitigated in the following ways:
4.28.1 Collaborative working between the client and both contractors underpinned by contractual provisions;
4.28.2 A cost plus contract for utility diversion delivery allowing the client to closely manage the required works; and
4.28.3 Use of large worksites and close working with utility companies.

4.29 This approach effectively discounted the recommendation made by Lord Hardie from consideration. The strategies that were considered are outlined in detail at paragraphs 6.9 to 6.20 of the Final Business Case.

4.30 The strategy adopted with the associated risk mitigations noted above was effective in diverting the utilities efficiently and avoiding the conflicts that impacted delivery of the first phase of tram construction. While the procurement strategy recommended by Lord Hardie is a legitimate possible approach, the successful strategy implemented on the Trams to Newhaven project highlights that it is not the only possible approach. Therefore, it is considered that the approach to utilities for the Trams to Newhaven was legitimate and should be an option considered in future projects.