City Development Committee - 28/01/2002

At a MEETING of the PLANNING AND TRANSPORTATION COMMITTEE held at Dundee on 28th January, 2002.

Present:-

COUNCILLORS

Councillor Presswood, Convener, in the Chair.

The minute of meeting of this Committee of 17th December, 2001 was held as read.

Unless marked thus * all items stand delegated.

I NINEWELLS AVENUE - PROPOSED WAITING RESTRICTIONS

There was submitted Report No. 27-2002 by the Director of Planning and Transportation relative to proposals to introduce waiting restrictions in Ninewells Avenue.

The Committee acceded to a request for a deputation to be heard relative to objections to the proposals. After the deputation had stated its case, it was thanked for its attendance and withdrew.

Thereafter the Convener, seconded by Councillor Grant, moved that the Committee approve the preparation of the necessary Traffic Regulation Order to introduce no waiting at any time restrictions over the entire length of Ninewells Avenue towards the roundabout at Ninewells Drive and other sides in the vicinity of the roundabouts to ensure the free flow of traffic and in particular emergency vehicles, but defer the proposal to introduce lengths of two hour limited waiting to cater for visitor parking to the hospital in order to allow further consultation with patient groups, the hospital authorities and the local community regarding the number of spaces to be dedicated to short term parking and the length of the waiting restrictions.

As an amendment, Councillor Powrie, seconded by Councillor Borthwick, moved that the Committee approve the preparation of the necessary Traffic Order to introduce no waiting at any time restrictions over the entire length of Ninewells Avenue towards the roundabout at Ninewells Drive and other sides in the vicinity of the roundabouts to ensure the free flow of traffic and in particular emergency vehicles, but reject the proposal to introduce lengths of two hour limited waiting to cater for visitor parking to the hospital.

On a division, there voted for the motion - the Convener, Lord Provost Letford, Councillors de Gernier, Wright, Ward, Shimi, Regan, Sturrock, Glen and Grant (10); and for the amendment - Councillors Barrie, Richard Beattie, Dawson, Sawers, FitzPatrick, Petrie, Guild, Corrigan, Dave Beattie, Fordyce, Bowes, Powrie, Wallace, Scott and Borthwick (15); whereupon the amendment was declared carried.

II PROGRAMME FOR PARTNERSHIPS/SOCIAL INCLUSION PARTNERSHIPS-AREA ACTION PLANS

On a reference to Article X of the minute of meeting of this Committee of 28th June 1999, there was submitted Report No. 694-2001 by the Director of Planning and Transportation updating the Committee with regard to the Action Plans (1999-2001) developed to fulfil the Area Strategies for Ardler, Kirkton, Maxwelltown/Hilltown and Mid Craigie/Linlathen and to seek approval for the Action Plans for the next 2 year period (2001-2003).

The Committee approved the Area Action Plans as presented.

III DUNDEE AND ANGUS JOINT STRUCTURE PLAN PANEL MEETINGS, 26TH OCTOBER AND 26TH NOVEMBER, 2001

There was submitted Report No. 29-2002 by the Director of Planning and Transportation advising the Committee of the matters that were discussed at the last meetings of the Dundee and Angus Joint Structure Plan Panel on 26th October and 26th November, 2001 and indicating proposed future actions.

The Committee agreed to note and approve the minutes of the Panel meetings.

IV LOCAL TRANSPORT STRATEGY MONITOR

There was submitted Report No. 10-2002 by the Director of Planning and Transportation advising the Committee on the progress to date on implementing the Local Transport Strategy.

The Committee agreed to

(a) note the findings in the Local Transport Strategy Annual Monitoring Report; and

(b)authorise submission of the Annual Monitoring Report to the Scottish Executive at an appropriate date.

V A92 PROJECT - ISSUE OF SCOTTISH MINISTERS' DECISION AND CONSEQUENTIAL ACTION

There was submitted Report No. 83-2002 by the Director of Planning and Transportation updating the Committee on the issue of the decision of the Scottish Ministers following the Public Local Inquiry into the Compulsory Purchase Orders and Side Roads etc Orders associated with the A92 Dundee-Arbroath Dualling Project and the consequential action now required.

The Committee agreed to:-

(a)note the successful outcome of the A92 Public Local Inquiry in terms of the decisions issued by the Scottish Ministers in terms of Scottish Executive letters dated 29th November, 2001 with relative Report on the Public Local Inquiry.

(b)note the confirmation of the Dundee City Council (A92 Dundee-Arbroath Dualling) Compulsory Purchase Order 1999 by the Scottish Ministers with modifications as listed in the Appendix to the Report, and approve the taking of all necessary steps to complete title to the land comprised in the Order and consequential action including, in due course, the payment of necessary compensation by Angus Council.

(c)agree to formally resolve to confirm the Dundee City Council (A92 Dundee-Arbroath Dualling) (New Side Roads, Side Road Improvements, Stopping-Up of Side Roads and Private Accesses and Provision of New Means of Private Access) Order 1999 as an unopposed Order;

(d)note that an amending Order to the Side Roads etc Order referred to in recommendation (c) above will be promoted in early course;

(e)note the issue of the updated consolidated Business Case for the Project updated to September, 2001;

(f)agree to formally authorise Angus Council to proceed to issue of Invitation To Negotiate, consultation upon, receipt and evaluation of bids along with selection of and negotiation with a preferred bidder for the A92 Project on behalf of Dundee City Council in respect of that part of the A92 Upgrading Scheme within Dundee City Council's boundaries in terms of sections 56 and 69 of the Local Government (Scotland) Act 1973; and

(g)instruct the Director of Support Services to remit this report and intimate the Council's decision to Angus Council for its information.

VI HILLTOWN FACADE ENHANCEMENT GRANT SCHEME

There was submitted Report No. 5-2002 by Director of Planning and Transportation advising of requests for grant assistance under the Facade Enhancement Grant Scheme in the Hilltown and of further problems that had occurred at 140-152 Hilltown during building works.

The Committee approved:-

(a)a grant of 23,195 for improvements to shops at 116-124 Hilltown owned by Hillcrest Housing Association; and

(b)a grant of a further 11,000 for unforeseen repairs and improvements to 5 shop fronts at 140-152 Hilltown.

VII PROPOSED SPECIAL AREA OF CONSERVATION WITHIN TAY ESTUARY

It was reported that Scottish Natural Heritage (SNH) had recommended to the Scottish Ministers that the Firth of Tay and Eden Estuary might qualify as a Special Area of Conservation.

It was noted that the Council was generally supportive of this proposed designation and recognised that the Estuary was a key environmental asset within Dundee.

It was further reported that the Council was satisfied that the Habitats Directive did not impose a general prohibition on development in or adjacent to Natura 2000 sites and was particularly reassured by SNH's informal view that the Central Waterfront redevelopment proposals in Dundee were unlikely to raise any major complications in relation to any SAC designation in the Estuary; nor were more minor and temporary activities or developments likely to have any adverse impacts.

It was noted that Council-led development proposals that could impact on the proposed designation would be designed to minimise adverse effects on the protected conservation interests as far as possible. Similarly developers would also be encouraged to formulate sympathetic development proposals.

The Council had sent a formal consultation response to SNH on this matter in December 2001 and SNH would report the results of the consultation exercise to the Scottish Executive in early 2002.

The Committee noted accordingly.

VIII BAXTER PARK SUBURB STUDY

Reference was made to Article X of the minute of meeting of this Committee of 24th September, 2001 wherein the City Council agreed to contribute 5,000 to the advancement of the Baxter Park/Stobswell Area Partnership Brief and it was remitted to the Director of Planning and Transportation to proceed to tender for the study and report back to Committee when tenders had been received and a consultant appointed.

It was reported that the formal tender process was initiated in partnership with Communities Scotland, by inviting six consultants to respond to the brief by a written reply outlining the professional standing and capabilities of each Consultancy team. From this reply, four Consultants were, on 13th July, 2001 invited to proceed to a formal presentation as a direct response to the Baxter Park Suburb Brief. This presentation and assessment took place on 13th December, 2001 with the consultant selected being EDAW.

The Committee noted the Director of Planning and Transportation's appointment of EDAW as the Consultant for the Baxter Park Suburb Study to carry out Stage One of the Brief.

It was further reported that the Partnership funding profile for Stage One of the study had altered and the Committee approved an additional 6,000 allowance from the Planning and Transportation revenue budget 2002-2003.

IX COMMEMORATION PLAQUE OF THE FLIGHT OF THE MERCURY TO SOUTH AFRICA

The Committee approved expenditure of 5,000 in respect of a replacement Seaplane plaque on the seawall at Discovery Point commemorating Captain Bennet's epic flight from Dundee to Alexander Bay, South Africa on 6th October, 1938.

X PROVISION FOR CYCLISTS IN PITKERRO ROAD

There was submitted Report No. 25-2002 by the Director of Planning and Transportation considering the provision of cycling facilities in the Pitkerro Road area.

The Committee approved the preparation of the necessary Order to allow cyclists to use a section of the footway in Pitkerro Road and to promote a Traffic Regulation Order to exempt cyclists from the prohibition of driving order in Midmill Road.

In addition, it was remitted to the Director of Planning and Transportation to prepare a report for submission to the Committee regarding safety standards in relation to the use of cycles.

XI CARRIAGEWAY AND FOOTPATH UPGRADING AT WEST HENDERSON'S WYND

There was submitted Report No. 30-2002 by the Director of Planning and Transportation detailing offers received in respect of carriageway and footpath upgrading at West Henderson's Wynd.

The Committee approved acceptance of the offer from Land and Building Services in the sum of 25,561.25, together with allowances, giving a total expenditure of 53,000.

XII CONNEL TERRACE AND OBAN TERRACE STOPPING UP

There was submitted Report No. 44-2002 by the Director of Planning and Transportation relative to the proposed stopping-up of the remaining lengths of Connel Terrace and Oban Terrace.

The Committee approved the preparation of an Order to stop-up the remaining lengths of Connel Terrace and Oban Terrace and to delete them from the List of Public Roads where applicable.

XIII DUNDEE CITY COUNCIL (WILKIE'S LANE, DUNDEE) (STOPPING UP) ORDER 2002

Reference was made to Article VIII of the minute of meeting of this Committee of 30th April, 2001 wherein it was agreed to stop up sections of road at Wilkie's Lane as they had become unnecessary.

It was reported that the Order was duly prepared and advertised and the relevant statutory undertakers consulted, and no objections had been received.

The Committee agreed to authorise and confirm the Stopping Up Order and authorise formal publication of the confirmation, after which the Order would become operative.

XIV DUNDEE CITY COUNCIL (NORTH EAST CORRIDOR) (CONSTABLE STREET AND MIDDLE STREET, DUNDEE) (STOPPING UP) ORDER 2002

Reference was made to Article X of the minute of meeting of this Committee of 4th December, 2000 wherein it was agreed to stop up lengths of road at Constable Street and Middle Street as they had become unnecessary.

It was reported that the Order was duly prepared and advertised and the relevant statutory undertakers consulted and no objections had been received.

The Committee agreed to authorise and confirm the Stopping Up Order and authorise formal publication of the confirmation, after which the Order would become operative.

XV PROPOSED RIVERSIDE DRIVE FOOTWAY

It was reported that it was proposed to construct a new footway adjacent to Riverside Drive between the vehicle egress from Discovery Quay Brewers Fayre and the vehicle access/egress to the office block on Dundee Waterfront, which was presently under construction for the Scottish Commission for Regulation of Care, in order to enable better pedestrian access for office users between the office block and the city centre and rail station and that, as part of the Riverside Ambassador Route, it was proposed to apply the Ambassador Route Design Guide standards for site boundary treatments in the form of beech hedging and avenue of trees.

It was noted that an allowance of 50,000 was contained with Planning and Transportation Capital Budget for 2001-2002, and the Committee approved accordingly.

XVI THE HOME ZONES (SCOTLAND) REGULATIONS

There was submitted Report No. 39-2002 by the Director of Planning and Transportation advising the Committee of the consultation document received from the Scottish Executive Development Department regarding proposed regulations for setting up Home Zones in Scotland.

The Committee agreed to support the proposed Regulations and the preparation of a response to the Scottish Executive in terms of the report.

It was further agreed that in the development of the pilot study in Dundee, the Director of Planning and Transportation should seek guarantees from the relevant developer regarding possible future works which might be required on the site.

XVII PATHS FOR ALL INITIATIVE - IMPROVEMENTS TO CYCLEWAY NETWORK 2001

Reference was made to the minute of meeting of this Committee of 25th June, 2001 and 29th October 2001 wherein projects under the Paths for All Initiative and Cycling Strategy were approved.

It was reported that proposals had been prepared for the undernoted three sites as part of the Paths for All Initiative:-

?                     Arbroath Road - section between Princes Street and Craigie Avenue 17,900

?                     Old Glamis Road - link between Balgowan Road and Green Circular 19,000

?                     Invergowrie link - link under A90 from Green Circular to countryside route 29,000

?                     Installation of cycle parking stands and people counters 8,000

?                     Interpretation and Signage   2,000

75,900

The Committee noted the contributions from the various agencies involved, and noted that Dundee City Council's contribution would be 29,000, which would be met from allowances of 26,500 in the Leisure and Parks Capital Estimates 2001/2 and 2,500 in the Planning and Transportation Capital Estimates 2001/2.

XVIII APPLICATIONS FOR CONSTRUCTION CONSENT - NEW ROADS

The Committee approved the undernoted applications for construction consent subject to conditions which had been agreed with the Contractors:-

Furthermore, it was agreed that, on the satisfactory completion of these roads, and if so requested by the applicants, they be entered on the List of Public Roads for the purposes of management and maintenance in terms of the Roads (Scotland) Act 1984.

XIX CIVIC GOVERNMENT (SCOTLAND) ACT 1982 - PROPOSED NEW STREET NAMES

The Committee approved the undernoted new street names:-

XX TENDER RECEIVED BY CITY ENGINEER

There was submitted Report No. 40-2002 by the City Engineer detailing a tender negotiated with T N Gilmartin (Contractors) Ltd in respect of Brooksbank Hub Environmental Improvements.

The Committee approved acceptance of the offer in the sum of 41,272.74, together with allowances, giving a total estimated expenditure of 57,000.

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the public be excluded from the meeting for the undernoted item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraphs 6 and 9 of Part I of Schedule 7(A) of the Act.

XXI 5-21 VICTORIA STREET AND 2-22 ALBERT STREET - PROPOSED REDEVELOPMENTS AND PROPOSED COMPULSORY PURCHASE ORDER

There was submitted Joint Report No. 8-2002 by Director of Planning and Transportation and Director of Economic Development updating the Committee with regard to the proposed redevelopment of the derelict properties at 5-21 Victoria Street and 2-22 Albert Street, and seeking authority for the next steps required to take this forward, including the authorisation of a Compulsory Purchase Order.

The Committee agreed to:-

(a)the transfer of the properties at 5-21 Victoria Street and 2-22 Albert Street, owned by the Council, to the Economic Development account for disposal in accordance with the steps laid out in the report;

(b)the disposal of eight flats at 6 Forfar Road to Taybank Properties Ltd in exchange for nine flats at 13-19 Victoria Street, owned by Taybank Properties Limited on the terms and conditions detailed in the report;

(c)purchase the remaining flat at 19 Victoria Street if vacant possession is obtained on terms and conditions detailed in the report;

(d)note that the Council's reasonable legal expenses of the excambion will be met by Taybank Properties Limited;

(e)the disposal of the nine flats at 13-19 Victoria Street, referred to at b(i) above, to Servite Housing Association on terms and conditions detailed in the report, subject to obtaining consent from the Scottish Executive under Section 74(2) of the Local Government (Scotland) Act 1973;

(f)the disposal of all remaining properties owned by Dundee City Council at 5-21 Victoria Street and 20-22 Albert Street, including the remaining flat at 19 Victoria Street if, and when, acquired from Taybank Properties Limited to Servite Housing Association on terms and conditions detailed in the report, subject to obtaining Section 74(2) consent from the Scottish Executive and following approval of a Planning Application for the proposed development of the site in accordance with the approved brief;

(g)promote a Compulsory Purchase Order to

(i)acquire all remaining properties and interests at 5-21 Victoria Street and 2-22 Albert Street, which Servite Housing Association fail to acquire by negotiation, and

(ii)to ensure that a clean title to the site is obtained in order to follow the proposed redevelopment to proceed subject to the Council and Servite Housing, entering into a back to back agreement whereby Servite Housing Association agree to meet all the costs and liabilities of the CPO and General Vesting Declaration (GVD) including all compensation claims and the Council's reasonable legal expenses, and the Council and Servite Housing Association agree to the conveyance of all the properties in the CPO to Servite Housing Association;

(h)instruct the Director of Support Services to prepare the Compulsory Purchase Order and to apply for Section 74(2) consent from the Scottish Executive;

(i)note that the dwellings within the redevelopment scheme were being kept vacant with a view to having them demolished.

ROBIN PRESSWOOD, Convener