City Development Committee - 25/10/2004

At a MEETING of the PLANNING AND TRANSPORTATION COMMITTEE held at Dundee on 25th October 2004.

Present:-

BAILIES

COUNCILLORS

Councillor Fiona GRANT, Convener, in the Chair.

The minute of meeting of this Committee of 27th September 2004 was held as read.

Unless marked thus * all items stand delegated.

I SEDD CIRCULAR 2/2004 - STRATEGIC ENVIRONMENTAL ASSESSMENT FOR DEVELOPMENT PLANNING

There was submitted Report No 660-2004 by the Director of Planning and Transportation outlining the broad provisions of recent guidance on implementing The Environmental Assessment of Plans and Programmes (Scotland) Regulations 2004 in the context of development planning.

The Committee agreed to:-

(i) note the contents of the Report; and

(ii) note that all new Land Use Development Plans would now require to be subject to Strategic Environmental Assessment (SEA) and this would be likely to commence with the forthcoming Dundee City Region Plan.

II RIVERSIDE DRIVE - ESPLANADE WEST TRAFFIC MANAGEMENT

There was submitted Report No 655-2004 by the Director of Planning and Transportation seeking to introduce traffic regulation measures as part of the environmental enhancement at this location.

The Committee approved the preparation of the necessary Traffic Regulation Order to prohibit heavy vehicles and coaches and to introduce one-way traffic in this area.

III TENDERS RECEIVED BY CITY ENGINEER

There was submitted Report No 658-2004 by the City Engineer detailing tenders received and requesting a decision on acceptance thereof.

(a) WALLACE LAND O' CAKES - DEMOLITION

The Committee agreed to accept the lowest offer from Safedem Limited in the sum of 128,921 to which required to be added allowances amounting to 49,159, giving a total expenditure of 178,080.

(b) AMBASSADOR ROUTE - ESPLANADE WEST ENTRY

The Committee agreed to accept the lowest offer from T & N Gilmartin in the sum of 178,048.28 to which required to be added allowances amounting to 66,951.72, giving a total expenditure of 245,000.

(c) URBAN WOODLAND AND DERELICT LAND - WHITFIELD AND TROTTICK VILLAGE GREEN

The Committee agreed to accept an offer from Dundee Contract Services in the sum of 191,499.21 to which required to be added allowances amounting to 38,500.79, giving a total expenditure of 653,080.

IV MENZIESHILL CONTROLLED PARKING ZONE

There was submitted Agenda Note AN389-2004 whereby reference was made to Article IV of the minute of meeting of this Committee of 24th May 2004 wherein the Committee approved the preparation of a Traffic Regulation Order to vary the Menzieshill Controlled Parking Zone and introduce waiting restrictions in that length of Dickson Avenue outwith the zone, subject to it being remitted to the Director of Planning and Transportation to give further consideration to the matter of charges for visitors.

It was reported that, after further consideration and following comments from the local community and the local member, the Director of Planning and Transportation was of a mind not to bring forward proposals for a visitors' parking scheme due to a lack of identified demand and the Committee therefore approved the preparation of the Orders as noted in Paragraph IV of the original report.

V REVISION TO DUNDEE CITY COUNCIL (DERWENT AVENUE, DUNDEE) (STOPPING-UP) ORDER 2004

There was submitted Agenda Note AN390-2004 whereby reference was made to Article VII of the minute of meeting of this Committee of 28th June 2004 wherein the Committee approved the preparation of the above Order requiring the Stopping Up of a short length of Derwent Avenue to facilitate necessary alteration of the bus terminus. Approval was subsequently given by the Housing Committee on 20th September 2004 to sell the site on the north side of Keswick Terrace to a Housing Association for social rented housing.

In order to secure appropriate and harmonious development at the western end of the site the Committee agreed to approve preparation of a supplementary new Order requiring stopping-up of a short length of footway having noted the footway was no longer required and may be removed under the powers conferred by Section 68(1) of the Roads (Scotland) Act 1984.

VI BROUGHTY FERRY STUDY - BROOK STREET AND FISHER STREET

Councillor Webster declared a non-financial interest in part (b) of this item by virtue of living in close proximity to Fisher Street.

There was submitted Agenda Note AN391-2004 whereby reference was made to Article XII of the minute of meeting of this Committee of 30th June 2003 at which there was submitted a report on Broughty Ferry Study - Brook Street, Fisher Street Implementation Stage.

This report discussed the implementation of the Order and in particular recommended that the Director of Planning and Transportation report back to Committee in respect of subsequent public response.

Having noted comments from the local community, traders and the local member, the Committee approved the undernoted amendments:-

(a) BROOK STREET

(i) on the south side between Gray Street and Fort Street the two existing LOADING ONLY bays be converted to limited waiting with two spaces designated for the disabled;

(ii) as the taxi rank on the south side between Fort Street and Brown Street is not being used as anticipated, limited waiting should be introduced in this length; and

(iii) as the police station had been relocated to the north side of the street, it was proposed to allocate space for police vehicles adjacent to it. This would be compensated by the existing police space on the south side being converted to limited waiting.

(b) FISHER STREET

The closure of Fisher Street west of Ambrose Street had been problematic especially during the temporary closure of King Street. With Brook Street now being one-way eastwards, King Street had been the only viable alternative route for westbound traffic. Vehicles were attempting to circumnavigate the closure by using Fisher Street and Ambrose Street. This resulted in severe congestion. Although Fisher Street is narrow with poor advance visibility it would serve as an alternative to King Street in an emergency. It was therefore proposed to reopen Fisher Street.

The Committee agreed to make the Order as advertised.

VII DUNDEE CITY COUNCIL (ASHMORE STREET AND BEAULY AVENUE, DUNDEE) (PROHIBITION OF DRIVING) ORDER 2005

There was submitted Agenda Note AN392-2004 whereby reference was made to Article VII of the minute of meeting of this Committee of 28th June 2004 instructing and authorising the preparation of an Order to improve safety by removing through traffic in Ashmore Street and Beauly Avenue following the reopening of Keswick Terrace.

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

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

VIII DUNDEE CITY COUNCIL (GLENESK AVENUE, DUNDEE) (PROHIBITION OF ENTRY) ORDER 2005

There was submitted Agenda Note AN393-2004 whereby reference was made to Article VIII of the minute of meeting of this Committee of 28th June 2004 instructing and authorising the preparation of an Order to remove extraneous traffic from this narrow residential street.

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

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

IX DUNDEE CITY COUNCIL (DENS ROAD, DUNDEE) (VARIATION OF ONE-WAY TRAFFIC) ORDER 2005

There was submitted Agenda Note AN394-2004 whereby reference was made to Article VII of the minute of meeting of this Committee of 24th May 2004 instructing and authorising the preparation of an Order to improve traffic penetration into Princes Street/King Street/Ladywell Avenue area following the construction of Lower Princes Street and its attendant restrictions on turning manoeuvres.

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

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

X DUNDEE CITY COUNCIL (GRAY STREET, BROUGHTY FERRY, DUNDEE) (VARIATION OF WAITING RESTRICTIONS) ORDER 2005

There was submitted Agenda Note AN395-2004 whereby reference was made to Article V of the minute of meeting of this Committee of 24th May 2004 instructing and authorising the preparation of an Order to improve safety by removing the major cause of obstruction at the level crossing in Gray Street, Broughty Ferry.

It was reported that the proposed Order had been duly drafted and during the statutory consultation period, no adverse comments were received. Thereafter the Order was duly advertised and there were no objections.

The Committed therefore agreed to make the Order as advertised.

XI PROVISION OF WEATHER FORECAST FOR WINTER MAINTENANCE

There was submitted Agenda Note AN401-2004 whereby it was noted that since the loss of local authority involvement in trunk road maintenance the consortium issuing tenders for winter maintenance weather forecasting had been reduced in size to three member councils, namely Angus, Dundee City and Fife. It was considered that a consortium procurement of this service still provided cost benefits through economies of scale and shared tender administration, training costs etc.

It was reported that for winters 2004/05 and 2005/06 three providers were invited to tender on the basis of a two year contract with the option to extend by one further year and submissions were analysed on the basis of both quality and cost.

PA Weather Centre had scored highest on both elements with an anticipated cost to the consortium of 44,525 (45,225 in year 2) the Council's share of which was 12,160 (12,370 in year 2). The contract included an option for the Client to extend the service to a third year by increasing Year 2 rates in accordance with any rise in Retail Price Index over the preceding 12 months. Angus Council was the lead authority in the issue and return of tender documents and PA Weather Centre's tender had consequently been accepted by its Director of Roads in accordance with its Standing Orders.

The Committee noted the acceptance of PA Weather Centre's bid and agreed to the two year contract being extended to 2006/07, subject to a satisfactory service being provided in the initial 2 years and no significant developments in other providers' technology.

XII TREE WARDEN SCHEME

There was submitted Agenda Note AN399-2004 advising the Committee that, following a request from Councillor Sturrock at the Development Quality Committee, the Director of Planning and Transportation was remitted to look into the background of Tree Warden Schemes and their applicability within Dundee.

The Committee agreed that the Forestry Officer who was based in Dundee Contract Services be remitted to prepare a detailed feasibility study into the potential for a Dundee scheme in consultation with the Directors of Planning and Transportation and Dundee Contract Services who would then report back to Committee within six months.

XIII CONFIRMATION OF TREE PRESERVATION ORDERS

There was submitted Agenda Note AN400-2004 advising the Committee of the undernoted Tree Preservation Orders:-

(a) SITE AT MONTPELIER GARDENS, DUNDEE (06/2004)

The Committee noted that on 6th May 2004 the Council made a provisional Tree Preservation Order on the above mentioned site. Due to their arboreal and visual amenity, the Council considered they merited protection, and no objections had been received to this Order.

(b) LAND AT RERESMOUNT ROAD, BROUGHTY FERRY, DUNDEE (07/2004)

The Committee noted that on 7th May 2004 the Council made a provisional Tree Preservation Order on the above mentioned site. This was in response to a proposed outline planning application being submitted on the 11th May 2004 for the erection of one detached dwelling house. The Council considered that the trees merited protection due to their arboreal importance and in the interests of visual amenity. The Committee also noted that three objections to the Tree Preservation Order had been received and noted the nature of these objections and the Forestry Officer's response to these.

On the recommendation of the Forestry Officer, it was agreed that the tree identified as T23, a Cherry Laurel, be removed from the Order.

(c) 18 GLAMIS ROAD, DUNDEE (08/2004)

The Committee noted that on 2nd June 2004 the Council made a provisional Tree Preservation Order on the above mentioned site. This was in response to the Council being advised that part of the garden ground was for sale as a housing plot. A planning application was received on 27th April 2004 for the erection of a two storey dwelling house. The site is not in a Conservation Area therefore there was no protection for the trees. The Councils Forestry Officer considered that due to their arboreal and visual amenity the trees merited protection. The Committee also noted that one objection had been received from the owner of the site and noted the nature of this objection and the Forestry Officer's response to this.

On the recommendation of the Forestry Officer it was agreed that a Betula tree, as identified within Group 3 of the Tree Preservation Order, be removed from the Order because the tree was dead.

The Committee agreed to authorise the Depute Chief Executive (Support Services) and the Director of Planning and Transportation to undertake the necessary procedures and confirm the Tree Preservation Orders detailed at (a), (b) and (c) above with the modifications recommended by the Forestry Officer as detailed above and remitted the Councils Forestry Officer to enter into discussions with the relevant owners with a view to concluding Tree Management Plans as outlined above.

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

XIV A92 UPGRADE - ACQUISITION OF LAND

There was submitted Agenda Note AN396-2004 making reference to the decision in 1999 of Dundee City Council to promote, in conjunction with Angus Council, The Dundee City Council (A92 Dundee-Arbroath Dualling) Compulsory Purchase Order 1999.

It was noted that under this Order a Compulsory Purchase Order had been obtained and a General Vesting Date of 1st August 2003 confirmed by Scottish Executive for the area known as plots 4 and 9, and that Angus Council had provisionally agreed compensation for the land.

The Committee agreed to approve the payment as detailed in the note, having noted that Angus Council would meet it under the agreed indemnity arrangements for this project.

XV A92 UPGRADE - ACQUISITION OF LAND

There was submitted Agenda Note AN397-2004 making reference to the decision in 1999 of Dundee City Council to promote, in conjunction with Angus Council, The Dundee City Council (A92 Dundee-Arbroath Dualling) Compulsory Purchase Order 1999.

It was noted that under this Order a Compulsory Purchase Order had been obtained and a General Vesting Date of 1st August 2003 confirmed by Scottish Executive for the area known as plots 12, 14, 16 and 886, and that Angus Council had provisionally agreed compensation for the land.

The Committee agreed to approve the payment as detailed in the note, having noted that Angus Council would meet it under the agreed indemnity arrangements for this project.

XVI 19 VICTORIA STREET, DUNDEE - PURCHASE OF REMAINING FLAT

There was submitted Agenda Note AN398-2004 whereby reference was made to Article XXI of the minute of meeting of this Committee of 28th January 2002 relating to the acquisition of the remaining flat at 19 Victoria Street.

It was reported that in view of the urgency of settling this transaction, approval had been given by the Director of Planning and Transportation in consultation with the Convener of Planning and Transportation Committee and Spokespersons from the other Groups for the Council to purchase the remaining flat at Victoria Street on the basis detailed in the note and to transfer the property subject to the tenancy immediately to Servite Housing Association Limited.

The Committee noted accordingly.

FIONA GRANT, Convener.