City Development Committee - 29/09/2003

At a MEETING of the PLANNING AND TRANSPORTATION COMMITTEE held at Dundee on 29th September, 2003.

Present:-

BAILIES

COUNCILLORS

Councillor Fiona GRANT, Convener, in the Chair.

The minute of meeting of this Committee of 15th September, 2003 was held as read.

Unless marked thus * all items stand delegated.

I DEVELOPERS FAILING TO COMPLY WITH ROAD CONSTRUCTION CONSENT CONDITIONS

There was submitted Report No 614-2003 by the Director of Planning and Transportation advising the Committee of difficulties being encountered with developers failing to comply with Road Construction Consent conditions on various sites.

The Committee agreed:-

(a)to authorise the Director of Planning and Transportation to serve an order on three developments identified as having failed to comply with the conditions contained within the Road Construction Consent;

(b)that, where a bond is in place, the Director of Planning and Transportation be authorised to arrange to have the necessary works carried out in the event that the terms of the notice are not fulfilled;

(c)that, where a bond is not in place the Director of Planning and Transportation be remitted to report back on the available options and likely costs of the necessary works; and

(d)that it be remitted to the appropriate officers to write to the Scottish Executive regarding the anomaly that bonds could only be required in the case of residential developments.

II WINTER MAINTENANCE POLICY AND LEVEL OF SERVICE 2003/04

There was submitted Report No 604-2003 by the Director of Planning and Transportation seeking Committee approval for the proposed winter maintenance policy and level of service for winter 2003/2004.

The Committee approved the policy and level of service for winter 2003/2004 as outlined in the report.

III SCOTTISH WATER REASONABLE COST CONTRIBUTIONS

There was submitted Report No. 611-2003 by the Director of Planning and Transportation informing the Committee of concerns regarding the funding of drainage and water supply infrastructure to serve new development and seeking approval for these concerns to be raised through appropriate channels.

The Committee agreed to:-

(a) note the content of this report; and

(b)remit the Director of Planning and Transportation and other Council officials to raise concerns regarding Scottish Water's Reasonable Cost contributions through all appropriate forums as well as with Scottish Water directly.

IV FINALISED DUNDEE LOCAL PLAN REVIEW - REPONSE TO OBJECTIONS AND PROPOSED CHANGES

There was submitted Report No 578-2003 by the Director of Planning and Transportation seeking the Committee's approval of responses to formal objections received to the Finalised Dundee Local Plan Review, and where appropriate, proposed changes to the Local Plan.

The Committee agreed to:-

(a)approve the document entitled the "Council's Responses to Formal Objections Received to the Finalised Dundee Local Plan Review";

(b)approve the document entitled "Proposed Changes to the Finalised Dundee Local Plan Review";

(c)remit the Director of Planning and Transportation to make arrangements to advertise the proposed changes to the Finalised Local Plan; and

(d)note that formal objections received to Proposed Changes would be considered alongside all other outstanding objections at the Public Local Inquiry into the Finalised Dundee Local Plan Review.

V McVICAR'S LANE - DRAFT SITE PLANNING BRIEF

There was submitted Report No 577-2003 by the Director of Planning and Transportation seeking approval of a draft Site Planning Brief in respect of an area of land at McVicar's Lane as the basis of consultation with the local community and interested parties.

The Committee agreed to:-

(a) approve the draft Site Planning Brief for purposes of consultation;

(b)remit the Director of Planning and Transportation to consult with the local community and interested parties on the terms and content of the draft site planning brief; and

(c)remit the Director of Planning and Transportation to report back on the result of the consultations.

VI MOBILITY AND ACCESS WITHIN DUNDEE

There was submitted Report No 515-2003 by Director of Planning and Transportation giving a brief outline of a proposed methodology to assist in Dundee becoming a barrier free city.

Bailie Borthwick declared a non-financial interest in this item by virtue of being employed by one of the groups to be consulted on the document.

The Committee agreed that:-

(a)the Director of Planning and Transportation, in conjunction with the Communities Department and other relevant Departments, be remitted to bring forward a report which identified suitable parties to make up a Dundee Accessibility Group whose role would be to prepare an action plan to make Dundee a barrier free city; and

(b)the Director of Planning and Transportation be remitted to examine current and future expenditure on transport for people with disabilities and consult with this group on the outcome of this examination.

VII TAY ESTUARY RAIL STUDY

There was submitted Report No 585-2003 by the Director of Planning and Transportation informing the Committee of the preferred strategy for a local Tay Estuary Rail Service as recommended by the Tay Estuary Rail Study.

The Committee approved:-

(a) the preferred strategy recommended by the Tay Estuary Rail Study; and

(b) the pursuance of funding sources to implement the proposals.

VIII KINGS CROSS ROAD/KINGSWAY WEST STOPPING-UP ORDER

There was submitted Report No 587-2003 by the Director of Planning and Transportation seeking approval for the preparation of a Stopping-Up Order to stop-up a length of Kings Cross Road and a footpath on the south side of Kingsway West to enable the development of an area of ground adjacent to Kings Cross Road and Kingsway West into a car showroom.

The Committee agreed to approve the preparation of a Stopping-Up Order under the powers of the Town and Country Planning (Scotland) Act 1997 for the road and footpath to facilitate the development.

IX BRACKENS/MACALPINE PRIMARY SCHOOL - LAIRD STREET - ST COLUMBA GARDENS FOOTPATH STOPPING-UP

There was submitted Report No 565-2003 by the Director of Planning and Transportation considering the necessity to stop-up a footpath connecting Laird Street and St Columba Gardens to allow the rebuilding of Brackens Primary School to form the new Brackens/Macalpine Primary School

The Committee agreed to approve the preparation of a Stopping-Up Order under the powers of The Roads (Scotland) Act 1984 to stop up the entire length of the footpath connecting Laird Street with St Columba Gardens.

X DUNDEE AREA WAITING RESTRICTIONS - VARIATION

There was submitted Report No 555-2003 by the Director of Planning and Transportation considering requests during the last year for additions and alterations to waiting restrictions throughout the City and making appropriate proposals to respond to these.

The Committee agreed to approve the preparation of a Traffic Regulation Variation Order to effect the changes to the waiting restrictions in the relevant Traffic Regulation Orders for Dundee, as detailed in the report.

Furthermore, the Committee agreed that waiting restrictions along the total length of Hazel Drive be included in the Order, it being noted that this proposal was included as part of the consultation process, and that the order could be relaxed or withdrawn during the process.

XI TENDERS RECEIVED BY CITY ENGINEER

There was submitted Report No. 563-2003 by the City Engineer detailing an offer from BEAR Scotland Limited in respect of works on the Ambassador Routes, Kingsway East Section.

The Committee agreed to accept the offer in the sum of 293,704.54 to which required to be added allowances of 46,295.46 giving a total expenditure of 340,000.

The Committee noted that BEAR Scotland had listed the undernoted sub-contractors:-

Tayside Contracts

T & N Gilmartin

XII VOLUNTARY POPULATION SURVEY

There was submitted Agenda Note AN424-2003 advising that the Voluntary Population Survey (VPS) had taken place for the third time in September 2003.

The VPS is an annual survey managed by the Planning Department, which gathers population data at a citywide level to allow the Council and its partners to know how the population is changing and assists in the planning and provision of services to meet the needs of residents.

The Committee noted that all partners, being the City Council, Tayside Health Board, Communities Scotland and Scottish Enterprise Tayside, had now agreed that the survey will now proceed from its pilot period to a regular annual survey from 2004 onwards, and approved accordingly.

XIII DUNCAN STREET - PUBLIC SAFETY WORKS

Reference was made to Article IV of the minute of meeting of this Committee of 30th June, 2003 when authority was given for the City Engineer to appoint a contractor to undertake various works in the interests of Public Safety.

There was submitted Agenda Note AN425-2003 advising that Trojan Limited had been appointed to carry out the works at a cost of 34,670.00 with additions of 13,300.00 for public utilities and professional fees giving a total cost of 47,970.00.

The Committee noted that recovery of all costs incurred would be sought from the owners.

XIV 17-19 MORGAN STREET, DUNDEE - PUBLIC SAFETY WORKS

Reference was made to Article IV of the minute of meeting of this Committee of 30th June, 2003 when authority was given for the City Engineer to appoint a contractor to undertake various works in the interests of Public Safety.

There was submitted Agenda Note AN426-2003 advising that Raynor Roofing Limited, Dundee had been appointed to carry out the works at a cost of 10,181.60 with additions of 4,300.00 for Engineering and Planning Supervisor fees giving a total cost of 14,481.60

The Committee noted that recovery of all costs incurred would be sought from the owners.

XV CIVIC GOVERNMENT (SCOTLAND) ACT 1982 - PROPOSED NEW STREET NAME

The Committee approved the undernoted street name, as detailed in Agenda Note AN427-2003:-

XVI DUNDEE CITY COUNCIL (MURRAY STREET, DUNDEE) (PROHIBITION OF DRIVING) ORDER 2003

Reference was made to Article VIII of the minute of meeting of this Committee of 30th June, 2003 instructing and authorising the preparation of an Order to improve safety by removing a junction with poor sightlines and a steep gradient.

There was submitted Agenda Note AN428-2003 advising that the proposed Order had been duly drafted and during the statutory consultation period no adverse comments had been received.

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

XVII DUNDEE CITY COUNCIL (ROODYARDS BRIDGE/EAST DOCK STREET, DUNDEE) (PROHIBITION OFRIGHT-HAND TURNS) ORDER 2003

Reference was made to Article VII of the minute of meeting of this Committee of 30th June, 2003 instructing and authorising the preparation of an Order to improve safety by preventing slow moving traffic egressing from Roodyards Bridge from turning right across a single carriageway which has poor sightlines to the east, on a gradient and subject to a speed limit of 40 mph, and also preventing traffic on East Dock Street waiting in the offside lane to turn right thus obstructing eastbound traffic.

There was submitted Agenda Note AN429-2003 advising that the proposed Order had been duly drafted and during the statutory consultation period no adverse comments had been received.

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

XVIII DUNDEE CITY COUNCIL (CAMPERDOWN STREET, BROUGHTY FERRY, DUNDEE) (STOPPING-UP ORDER)2003

Reference was made to Article VIII of the minute of meeting of this Committee of 27th May, 2003 approving the preparation of a Stopping-Up Order under the Roads (Scotland) Act 1984 to stop-up the length of Camperdown Street, Broughty Ferry over its frontage of Grove Academy to remove the pedestrian right of passage.

There was submitted Agenda Note AN430-2003 advising that the Order had been duly prepared and advertised in the Dundee Courier and Advertiser and the Edinburgh Gazette and the relevant statutory undertakers consulted and five objections had been received.

The Committee acceded to a request which had been received for a deputation to address the Committee relative to objections to the Order. After the deputation had stated its case it was thanked for its attendance and withdrew.

Thereafter, the Committee noted that, as there were objections which had not been withdrawn, in terms of the relevant legislation the Order must be remitted to the Scottish Ministers to determine the matter.

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 items of business on the grounds that it might involve the likely disclosure of exempt information as defined in Paragraphs 6 and 9 of Part I of Schedule 7(A) of the Act.

XIX QUEEN STREET CAR PARK, BROUGHTY FERRY, DUNDEE

On a reference to Article XI of the minute of meeting of this Committee of 28th April, 2003 there was submitted Agenda Note AN431-2003 advising that the District Valuer had now reported the final compensation.

The Committee approved the balance of the payment, together with fees and interest, in full and final settlement.

FIONA GRANT, Convener.