City Development Committee - 02/12/2002

At a MEETING of the PLANNING AND TRANSPORTATION COMMITTEE held at Dundee on 2 December 2002.

Present:-

COUNCILLORS

Councillor Robin PRESSWOOD, Convener, in the Chair.

The minute of meeting of this Committee of 28th October 2002 was held as read.

Unless marked thus * all items stand delegated.

I UNIVERSITY OF DUNDEE CAMPUS PLAN

There was submitted Report No 736-2002 by Director of Planning and Transportation advising members of the outcome of the Campus Plan study for Dundee University and seeking agreement that its findings be used as the basis for the future development of the campus area.

The Committee agreed to;

(a) note the contents of the University of Dundee Campus Plan and endorse the development vision contained therein;

(b) agree that the principal contents and findings of the Plan should be the basis for the future development of the Campus;

(c) remit the Director of Planning and Transportation to incorporate the Campus Plan into the Dundee Local Plan Review as supplementary guidance; and

(d) commend the Campus Plan to the Development Quality Committee as a material consideration for development control purposes.

II DRUMLANRIG DRIVE - FOOTPATH STOPPING UP

There was submitted Report No 886-2002 by Director of Planning and Transportation the purpose of which was to consider the necessity to stop-up the Drumlanrig Drive to Longcroft Road footpath.

Councillor Petrie, seconded by Councillor MacPherson, moved that the Council do not seek an Order to stop-up the footpath.

As an amendment the Convener, seconded by Councillor Grant, moved approval of the preparation of a Stopping-Up Order under the powers of the Town and Country Planning (Scotland) Act 1997 to stop-up the entire length of the Drumlanrig Drive - Longcroft Road footpath to allow for the redevelopment of a derelict site and commence the formal consultation process.

On a division, there voted for the motion - Councillors MacPherson, Petrie and Borthwick (3), and for the amendment - the Convener and Councillors de Gernier, Wright, Ward, Shimi, Regan, Farquhar, Glen, Grant, Rolfe, Barrie, Richard Beattie, Dawson, Fitzpatrick, Guild, Corrigan, Dave Beattie, Fordyce, Bowes, Mackie, Wallace and Scott (22); whereupon the amendment was declared carried.

III DECRIMINALISATION OF PARKING

There was submitted Report No 757-2002 by Director of Planning and Transportation regarding the potential for the Decriminalisation of Parking Enforcement (DPE) in Dundee and seeking authorisation to proceed with an application to the Scottish Executive and the preparation of a recruitment and training plan for the necessary staff.

The Committee agreed

(a) to remit the Director of Planning and Transportation to apply to the Scottish Executive for the introduction of a Decriminalisation of Parking Enforcement (DPE) in Dundee during late 2003; and

(b) that the Director of Planning and Transportation and Personnel and Management Services bring forward a report on the additional staff and training requirements as a result of the introduction of DPE.

Councillor Farquhar declared an interest in this item and took no part in the discussion thereof.

IV DUNDEE AREA WAITING RESTRICTIONS VARIATION

There was submitted Report No 780-2002 by Director of Planning and Transportation outlining all the requests during the last year for additions and alterations to waiting restrictions throughout the City.

The Committee approved the preparation of a Traffic Regulation Variation Order to affect the changes to the waiting restrictions in the relevant Traffic Regulation Orders for Dundee.

V CYCLING, WALKING AND SAFER STREETS PROJECTS

There was submitted Report No 789-2002 by Director of Planning and Transportation seeking approval for a programme of work for the year 2003-04 funded from additional capital consent ring-fenced by the Scottish Executive for Cycling, Walking and Safer Streets (CWSS) projects.

The Committee approved the proposed programme of works for year 2003-04.

VI BRINGING CONFIDENCE TO PUBLIC TRANSPORT

There was submitted Report No 799-2002 by Director of Planning and Transportation advising the Committee that the Scottish Executive had awarded Dundee City Council 2.31m from its Public Transport Fund, to develop improved public passenger facilities in the city centre. A design competition had been held to select a design consultant to develop proposals for the design of these facilities.

The Committee approved the recommendation that Nicoll Russell Studios be appointed as consultant for the design development of the public transport passenger facilities.

VII APPROVAL OF DUNDEE AND ANGUS STRUCTURE PLAN

There was submitted Report No 813-2002 by Director of Planning and Transportation advising the Committee that Scottish Ministers had decided to approve the Dundee and Angus Structure Plan subject to modifications.

The Committee agreed to

(a) welcome the approval of the Dundee and Angus Structure Plan and commend Scottish Ministers for making this decision within 35 weeks of submission of the Finalised Structure Plan;

(b) note that in approving the Structure Plan, Scottish Ministers had made 15 modifications;

(c) note that the Dundee and Angus Structure Plan replaces the Tayside Structure Plan 1993 and now forms part of the statutory development plan for the Dundee City Council area. Members would be aware that the Town and Country Planning (Scotland) Act 1997 requires that planning decisions be made in accordance with the development plan, unless material considerations indicate otherwise;

(d) remit the Director of Planning and Transportation, in association with the Angus Council's Director of Planning and Transport, to progress, as appropriate, arrangements to publish the approved Structure Plan, incorporating the Scottish Ministers' decision letter and final modifications; and

(e) approve the proposal to make a charge of 10 each for copies of the Dundee and Angus Structure Plan and the Report of Survey for all interested parties, excluding statutory consultees who will receive a free copy of the Plan, whilst noting that both documents can be viewed free of charge at Tayside House, all public libraries throughout Dundee and Angus and on the City Council's website.

VIII LOCAL PLAN REVIEW - FEEDBACK FROM PUBLIC CONSULTTION

There was submitted Report No 814-2002 by Director of Planning and Transportation updating the Committee on progress towards the preparation of the Finalised Dundee Local Plan Review and in particular, informing the Committee of the public consultation exercise recently undertaken and the range and nature of comments received.

The Committee agreed to:-

(a) note the details of public consultation undertaken by the Planning and Transportation Department associated with publication of the Dundee Local Plan Review Consultative Draft 2002;

(b) note that responses were received from 169 interested parties including community groups, individuals and businesses covering a broad range of land use planning matters;

(c) approve the Director of Planning and Transportation's responses to the comments made, as detailed in papers that have been placed in the Members lounges; and

(d) remit the Director of Planning and Transportation to bring forward the Finalised Dundee Local Plan Review for approval at the Planning and Transportation Committee on 27 January 2003.

IX PERCENT FOR PUBLIC ART

There was submitted Report No 582-2002 by Director of Planning and Transportation regarding the adoption of a policy that furthers the development of Public Art in Dundee by ensuring that developers who are involved in major building construction projects, particularly in areas well populated and frequented by and visible to the public, contribute to the environment by allocating at least one percent of their construction costs' budget to the inclusion of the arts.

The Committee agreed to adopt the Percent for Public Art Policy and Guidelines as part of the emerging Dundee Local Plan Review, and agreed that the Committee refer these Guidelines to the Development Quality Committee as a material consideration in determining applications for planning consent.

X REQUEST PERMISSION FOR SERVICE OF TREE REPLACEMENT NOTICES

There was submitted Report No 723-2002 by Director of Planning and Transportation seeking agreement to allow the service of Tree Replacement Notices at various sites throughout the city.

The Committee agreed to authorise the service of Tree Replacement Notices under the terms of Section 168 of The Town and County Planning (Scotland) Act 1997 on land-owners who have failed to replace trees after having them unlawfully pruned or removed.

It was also agreed that the Director of Planning and Transportation be remitted, in consultation with the Director of Support Services, to serve Tree Replacement Notices on the owners of 11 Loftus Place, Dundee, 15 Loftus Place, Dundee, land south of Richmond Terrace, Dundee and 1 Ross Gardens, Dundee.

In addition, it was remitted to the Director of Planning and Transportation to prepare a report for submission to a future meeting of this Committee, relative to works being carried out by BEAR Scotland on the Kingsway, and to make representations to the Scottish Executive requesting that they ensure that BEAR Scotland comply with Agenda 21 themes with regard to the replacement of trees damaged or removed.

XI BROUGHTY FERRY STUDY - PROPOSED TRAFFIC ORDERS - FORMAL ADVERTISEMENT RESPONSE

There was submitted Report No 800-2002 by Director of Planning and Transportation advising the Committee on the outcome of the formal advertisement of the proposed Broughty Ferry Traffic Orders.

The Committee agreed to:-

(a) note the various objections and comments received in respect of the proposed Orders, to promote amended draft orders for further statutory consultation purposes on the basis of one way travel (in a west to east direction) for all traffic in Brook Street (between Fort Street and Gray Street), the retention of twelve parking spaces and the provision of dedicated service bays in Brook Street (between Fort Street and Gray Street) and the provision of 40 additional parking spaces in adjacent streets;

(b) consult on the provision of speed tables and a zebra crossing in Brook Street (between Fort Street and Gray Street) in order to reduce vehicle speeds and create an improved pedestrian environment;

(c) confirm the draft Order as advertised in respect of Fisher Street/Ambrose Street; and

(d) remit the Director of Planning and Transportation to consult with Shopmobility on how they could extend their operation to Broughty Ferry.

XII NEW ROADS

There was submitted Agenda Note AN302-2002 detailing applications for road construction consent.

The Committee approved the undernoted applications, subject to conditions agreed with the applicants:-

It was further agreed that, on 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.

XIII TRAFFIC ORDERS

There was submitted Agenda Note AN303-2002 relative to the undernoted Traffic Orders.

(a) DUNDEE CITY COUNCIL (GOURDIE BRAE, DUNDEE) (RESTRICTED ROADS) ORDER 2002

Reference was made to Article XIV of the minute of meeting of this Committee of 25th February, 2002 instructing and authorising the preparation of an Order to improve safety by reducing speeds on a narrow road with concealed accesses.

It is reported that the proposed Order was duly drafted and during the statutory consultation period no adverse comments were received.

The Committee therefore authorised formal publication of the order as drafted.

(b) ANGUS COUNCIL AND DUNDEE CITY COUNCIL (GOURDIE BRAE, DUNDEE) (40 MPH SPEED LIMIT) ORDER 2002

Reference was made to Article XIV of the minute of meeting of this Committee of 25th February, 2002 wherein the Committee instructed and authorised the preparation of an Order to improve safety by reducing speeds on a narrow length of road linking existing 30 mph speed limits.

It was reported that the proposed Order was duly drafted and during the statutory consultation period no adverse comments were received, thereafter the Order was duly advertised and four objections received.

The Committee agreed to make the Order despite the objections.

(c) DUNDEE CITY COUNCIL (BLACKNESS STREET, DUNDEE) (ONE-WAY TRAFFIC) ORDER 2003

Reference was made to Article V of the minute of meeting of this Committee of 29th April, 2002 wherein the Committee instructed and authorised the preparation of an Order to remove a turning movement in order to facilitate the provision of a pedestrian crossing on Blackness Road.

It was reported that the proposed Order was duly drafted and during the statutory consultation period no adverse comments were received.

The Committee therefore authorised formal publication of the Order as drafted.

(d) DUNDEE CITY COUNCIL (LOGIE STREET AND LOONS ROAD, DUNDEE) (VARIATION OF WAITING RESTRICTIONS) ORDER 2003

Reference was made to Article II of the minute of meeting of this Committee of 24th June, 2002 wherein the Committee instructed and authorised the preparation of an Order to relieve congestion in the vicinity of a busy junction and to increase parking space following realignment of the Logie Street/Loons Road junction.

It was reported that the proposed Order was duly drafted and during the statutory consultation period no adverse comments were received.

The Committee therefore authorised formal publication of the Order as drafted.

(e) DUNDEE CITY COUNCIL (SALTON CRESCENT AREA FOOTPATHS, DUNDEE) (STOPPING UP) ORDER 2003

Reference was made to Article VI of the minute of meeting of this Committee of 26th August, 2002 wherein the Committee authorised the preparation of an Order to stop up the footpaths at Salton Crescent to facilitate the redevelopment of the area which involved the construction of new housing.

The Order was duly prepared and advertised in the Dundee Courier and Advertiser and The Edinburgh Gazette, and the relevant statutory undertakers were consulted. No objections were received.

The Committee therefore authorised and confirmed the Stopping Up Order, and authorised formal publication of the confirmation, after which the Order would become operative.

(f) DUNDEE CITY COUNCIL (KIRK STREET AND YEAMAN'S LANE, DUNDEE) (STOPPING UP) ORDER 2003

Reference was made to Article V of the minute of meeting of this Committee of 26th August, 2002 wherein the Committee instructed and authorised the preparation of an Order to stop up the roads, footpaths and footways at Kirk Street and Yeaman's Lane which were no longer necessary following the demolition of Sharp's Court and Yeaman's Court.

The Order was duly prepared and advertised in the Dundee Courier and Advertiser and The Edinburgh Gazette, and the relevant statutory undertakers were consulted. No objections were received.

The Committee therefore authorised and confirmed the Order, and authorised formal publication of the confirmation, after which the Order would become operative.

(g) DUNDEE CITY COUNCIL (MENZIESHILL AREA, DUNDEE) (CONTROLLED PARKING ZONE - RESIDENT'S PARKING PERMIT SCHEME ORDER 2003)

Reference is made to Article VII of the minute of meeting of this Committee of 27th May, 2002 wherein the Committee instructed and authorised the preparation of an Order in order to relieve congestion, remove commuter parking, improve access to houses in the area, and improve parking for residents.

The proposed Order was duly drafted and during the statutory consultation period comments were received from the Menzieshill Community Action Group.

The Committee agreed to authorise formal publication of the Order as drafted.

PART II - CONFIDENTIAL ITEMS

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

XIV 21/25 UNION STREET, DUNDEE

On a reference to Article XV of the minute of meeting of this Committee of 24th September, 2002, there was submitted Agenda Note AN304-2002 relative to the disposal of four flats at 21 to 25 Union Street.

It was reported that due to unforeseen delays, an obligation to acquire the ground floor, mezzanine and basement properties at 21 to 25 Union Street on the terms contained within the Minute of Agreement, had fallen due on the Council.

It was noted that in view of the urgency in conforming to the terms of the Minute of Agreement, approval was given by the Director of Planning and Transportation, following consultation with the Convener and spokespersons from the Major and Minor Opposition Groups, for the acquisition of this property on the terms and conditions detailed in the note, and for its conveyance thereafter to SL Developments Limited.

XV GROUND AT 5 ROSEMARKIE PLACE, BROUGHTY FERRY

There was submitted Agenda Note AN305-2002 relative to a request to purchase an area of ground extending to 13.9 square metres or thereby at 5 Rosemarkie Place, Broughty Ferry for additional garden ground.

It was agreed to dispose of the land on the terms and conditions detailed in the note.

ROBIN PRESSWOOD, Convener.