Feasability of heritage trail closure

Summary

The requester asked for feasibility studies and financial details regarding a 42-week closure of the Heritage Trail for construction access. Manx Utilities confirmed no formal feasibility report exists, disclosed that alternative private land routes were deemed unsafe or denied, and withheld personal data regarding landowner contacts.

Key Facts

• Manx Utilities does not hold a documented feasibility study regarding the Heritage Trail closure.
• The only viable access for construction is via the Heritage Trail from Glen Darragh Road due to safety concerns.
• An alternative route through a private field was rejected because the gradient was too steep and ground quality unsuitable.
• A temporary diversion through low-lying, flood-prone land was denied by the private landowner.
• Personal information regarding contacts with private landowners was withheld under exemption.

Data Disclosed

• 42 weeks
• £100k
• 2017-09-20
• 2017-10-09
• IM103708I
• Section 8(3)a
• Section 25 (2)a
• Section W1.26

Exemptions Cited

• Section 8(3)a of the Freedom of Information Act 2015 (Information not held)
• Section 25(2)a of the Freedom of Information Act 2015 (Personal data exemption)

Data Tables (1)

Full Response Text

Manx Utilities • PO Box 177 • Douglas • Isle of Man • IM99 1PS e: foi@manxutilities.im • t: 687687 • www.manxutilities.im

REFERENCE NUMBER IM103708I

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2015 (“the Act”)

Thank you for your online application dated 20 September 2017 requesting the following information:

‘With reference to the recent announcement that the Heritage Trail (Old railway line) from Douglas to Peel is going to be closed, from Glen Darragh Road upto the private access way to Glenlough Campsite, for 42 weeks. Please can you:

1) Confirm that a feasibility study/report (or similar written document) was completed about the impact of the closure of the above mentioned section of the Heritage Trail; 2) Confirm if the feasibility study/report (or similar written document) contained details of any proposed by-pass using adjacent privately owned land
3) Confirm if any private land owner with land adjoining the heritage trail between Glen Darragh Road up to the private access way to Glenlough Campsite was contacted with regards a potential temporary (or otherwise) by-pass 4) Confirm that a full analysis was done as to the financial cost of such a by-pass (using land adjoining the heritage trail between Glen Darragh Road upto the private access way to Glenlough Campsite).
5) Comments made by Manx Utilities on Social Media mentioned the figure of £100k as the cost of a by pass (using land adjoining the heritage trail between Glen Darragh Road up to the private access way to Glenlough Campsite) - please give background and context to this figure and break it down into constituent parts. 6) Publish the feasibility study (referred to in items 1 and 2 above) 7) Publish the plans, discussions, emails, minutes of meetings or records of conversations for any potential by pass using private land adjoining the Heritage Trail between Glen Darragh Road up to the private access way to Glenlough Campsite 8) Publish the financial analysis referred to in item 4’

Response To Your Request

1) whilst our aim is to provide information wherever possible, in this instance, under section 8(3)a of the Act, we confirm that Manx Utilities does not hold the information you have requested as we do not hold a documented feasibility study (or similar written document) about the impact of the closure of the above mentioned section of the Heritage Trail. However, the appointed design team has liaised with adjacent land owners and has assessed and discussed all construction options in accordance with the strict measures laid out under CDM Regulations (Construction Design and Managements Regulations).

The only viable access to the construction site is using the Heritage Trail, accessing from Glen Darragh Road. There are no places along the trail suitable for overtaking or passing and so the design team looked at alternative ways of accessing the site.

The only possible alternative route would be off the main Douglas to Peel Road through a private landowner’s field. This alternative was considered and upon inspection, the gradient of the land down to the construction site was found to be too steep and the ground of unsuitable quality. Consequently this option was found to be unsafe and was discounted.

The design team concluded that the only safe solution was to use the trail as access to the site, meaning that the section from Glenlough Farm access to Glen Darragh Road was to be closed. The potential for diversions from the trail to the main road utilising private property were explored in further site inspections. After walking the route which leads on to the Peel Road, it became clear that there was no safe way of crossing the road and that it would be safer and easier for members of the public to leave the trail at Union Mills.

An additional alternative was considered as a temporary diversion for pedestrians and/ or cyclists. This option, through private land, is very wet, low lying land that historically floods every year, requiring the installation of appropriate access tracking.
If adopted, this work was to be undertaken directly beneath overhead electricity cables. However, ultimately, there was no need to assess the hazards associated with this proposal, as permission to access this land was explicitly denied.

The potential site supervisory staff joined the design team at this juncture, viewed the access to the site and reiterated that the single most important factor is the safety of all people using the trail. As there are no areas to create safe laybys or passing places, it was agreed by all teams that the trail would have to be closed.

However, as eluded to in Section W1.26 of the Works Information and Specification extracts below, following the period of heavy construction, there may be the possibility of access to the trail for the public during weekends or known periods of little or no traffic, and this is a matter for ongoing review with the Principal Contractor, Design Team, Project Supervisor, Department of Infrastructure and Manx Utilities (as the project client).

2) Under Section 8(3)a of the Act, we confirm that Manx Utilities does not hold the information for the reasons detailed in 1) above.

3) In this instance, under section 25 (2)a of the Act we confirm that this is absolutely exempt personal information as it constitutes personal data of which you are not the data subject.

4) In this instance, under section 8(3)a of the Act, we confirm that Manx Utilities does not hold the information you have requested as a full cost analysis was not undertaken in relation to a by-pass (using land adjoining the heritage trail between Glen Darragh Road up to the private access way to Glenlough Campsite). However, to advise and assist you, we can provide you with initial cost estimates of such a by- pass below, and can confirm that these were not developed further as it was quickly determined not possible to progress with this by-pass solution.

5) Please see response 4). The background and context to this figure was based on this initial estimate.

6) Under Section 8(3)a of the Act, we confirm that Manx Utilities does not hold the information for the reasons detailed in 1) above.

7) i) Emails pertaining to a conversation for any potential by-pass using private land adjoining the Heritage Trail between Glen Darragh Road up to the private access way to Glenlough Campsite are as follows;

From: Shimmins, Bill (MHK)
Sent: 28 August 2017 10:47 To: Chief Minister; Harmer, Ray (MHK) Cc: King, Philip Subject: Ballagarey Sewage Works and Heritage Trail Closure

Howard, Ray A heads up for you both. Phil has advised me that the Heritage Trail will shortly be closed for 42 weeks whilst the Ballagarey Sewage Works are replaced. MUA have been exploring a trail diversion with who has adjoining land. Unfortunately so has rejected the request.
Phil has put a 7 day hold on the works to provide some time to hopefully find an alternative solution. Clearly, we do not wish the Heritage Trail closed for this period of time. Regards Bill

Bill Shimmins MHK for Middle Legislative Buildings Finch Road Douglas Isle of Man IM1 3PW British Isles Office Tel | (01624) 651511 Mobile | (07624) 331241 bill.shimmins@gov.im | www.tynwald.org.im facebook - billshimminsmhkformiddle twitter - @billshimmins

From: Harmer, Ray (MHK)
Sent: 29 August 2017 13:54 To: Shimmins, Bill (MHK); Chief Minister Cc: King, Philip Subject: RE: Ballagarey Sewage Works and Heritage Trail Closure

Thanks Bill – this is a disappointing outcome – if the path was made quite small, would this make any difference (& if it was just for walkers?) I assume the field is needed outside winter as well, but I would have thought only a only a small section of the field would need to be cordoned off.

Perhaps another alternative would to simply allow a permissive path – i.e. simply the authority to walk along that section of the field?

Kind regards Ray

From: King, Philip
Sent: 29 August 2017 08:18 To: Black, Nick Subject: FW: Ballagarey Sewage Works and Heritage Trail Closure

Morning Nick, Info – I’ll keep you updated. Phil

From: Black, Nick
Sent: 29 August 2017 08:27 To: King, Philip Subject: RE: Ballagarey Sewage Works and Heritage Trail Closure

Thanks. Highways team seem happy with the position though.

Nick

From:

Sent: 29 August 2017 09:16 To: Dobbins, Adrian Subject: RE: Manx Harriers Peel to Douglas Trail Race – Manx Harriers

Adrian,

is back from leave tomorrow, I will discuss this in further detail with as

at DoI has also queried the closure of the Heritage Trail during the full duration of the works.

Regards

On 5 Sep 2017, at 14:35,

wrote:

Please see draft of the explanation of the trail closure for construction at Ballagarey. It has been decided that the only viable way of carrying out the works in a safe manner is to close the Trail. Island Drainage and Groundworks have already applied for the closure over a month ago and the notices have been in the papers and the DoI website, so ample notice has been received thus far, we now need to put our advance notice out to try and inform the general public and users of the Trail.

Regards

BSc CEng (Hons) Accredited NEC Project Manager

WATER PLANNING AND PROJECTS DEPARTMENT MEARY VEG STW • BALNAHOWE, SANTON • ISLE OF MAN • IM4 1HL • BRITISH ISLES

tel: +44 (1624) • e-mail:

mob: +44 (7624) • web: www.manxutilities.im

 please consider the environment - do you really need to print this email? From:

Sent: 05 September 2017 14:52 To:

Cc: Dobbins, Adrian;

Subject: Re: Proposed wording for press release for Ballagarey STW Heritage Trail Closure.

Great press release

Do we have a completed Comms plan to ensure we all know who is doing what and when? I think this was mentioned previously. I also believe Manx Harriers are promoting a run using this route during works window.

I'm back in tomorrow so can help with Comms plan if not already done.Many thanks

7) ii) Minutes of meetings pertaining to a conversation for any potential by-pass using private land adjoining the Heritage Trail between Glen Darragh Road up to the private access way to Glenlough Campsite are as follows;

CONFIDENTIAL

Department of Infrastructure Notes of DOI/MUA Liaison Officers Group Meeting held in DoI Boardroom, Sea Terminal 31st August 2017 at 9.30 am

Minute 37:17

(c) Ballagarey Sewage Works – the heritage track will need to be closed for the duration of the works. AD advised that consideration had been given to creating a temporary footpath in the adjacent field, but had refused permission.

Alternatively, if tracks need to be laid, these could be borrowed from DOI (those used for Lezayre Road).

CONFIDENTIAL

Department of Infrastructure

Notes of DOI/MUA Political Level Meeting held in DoI Boardroom, Sea Terminal Monday 11th September 2017 at 10 a.m.

6) Update on Key Developments – MUA

Heritage Trail, Glen Vine will be closed today – press release will be issued shortly. The Minister suggested doing some PR around the re-opening of the trail which was marking its 50th anniversary next year. MUA confirmed they were liaising with , Highways Division.

We confirm that Manx Utilities does not hold any further plans, discussions, emails, minutes of meetings or records of conversations for any potential by pass using private land adjoining the Heritage Trail between Glen Darragh Road up to the private access way to Glenlough Campsite

8) Under section 8(3)a of the Act, we confirm that Manx Utilities does not hold the information you have requested for the reasons detailed in 4) above.

Further Information

For your further advice and assistance, you may find the following extracts from the“Works Information & Specification” for the RSTS Ballagarey Contract of interest and relevance.

WI.2 OUTLINE DESIGN

‘The Heritage Trail is in very poor condition from its junction with Glen Darragh Road to the entrance of the treatment works with rutting and pot holes. Remedial works will be required prior to construction to keep the Trail safe for the duration of the works. In this regard the initial works to include for scraping off loose material along the Trail, the infilling of potholes and the laying of 60mm of AC20 Binder course. Suitable thickness of steel plating to be placed over the location of the old box culvert crossing under the Heritage Trail to offset loadings from construction traffic. On completion of the new works the 300m trail will require 40mm depth of AC10 Surface Course.’

WI.3 WORKS INFORMATION

The works for the Principal Contractor includes but not necessarily limited to:

1. Maintenance and management of the health and safety of ALL personnel within all site areas and areas of work, including the closed section of the Heritage Trail, compound areas, welfare areas and areas for the assembly of components associated with the works some or all of which may be located away from the site area. The personnel would include but not limited to the Principal Contractor’s staff, operatives and sub-contractors, Tuke and Bell personnel and their sub-contractors, design and supervisory personnel, suppliers, public utility services supply personnel, MU personnel, health and safety inspectors and visitors. The Principal Contractor will be responsible for the health and safety of any persons entering onto or using the closed section of the Trail for the duration of the works.

2. Seek approval for the closure of the section of the Heritage Trail from Glen Darragh Road to the treatment works site. Maintain closure, diversion and information signboards.

3. Maintenance of the closed section of the Heritage Trail in a clean condition, free of mud, debris, oil, diesel, potholes, etc.

4. Maintenance of access to the site via the narrow Heritage Trail off the Glen Darragh Road requiring Banksman to control construction traffic entering and leaving at the junction. Similar traffic control measures will be required on Peel Road

5. Upon completion of the works, remove all temporary fencing, plant, materials, welfare facilities etc, reinstate any damage as a consequence of the works to the site area, the Heritage Trail, compound area, entrances and boundaries to adjacent lands, etc. Remove shrouds from overhead cables

6. Complete any repairs to the Heritage Trail and overlay from the site entrance to Glen Darragh Road with 40mm AC10 surfacing.

7. The finished site is to be fit for purpose.

WI.22 HEALTH AND SAFETY

In accordan

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