City Development Committee - 21/03/2005

At a MEETING of the PLANNING AND TRANSPORTATION COMMITTEE held at Dundee on 21st March 2005.

Present:-

BAILIES

COUNCILLORS

Councillor Fiona GRANT, Convener, in the Chair.

The minute of meeting of this Committee of 14th February 2005 was held as read.

Unless marked thus * all items stand delegated.

I PERTH AND KINROSS DRAFT WIND ENERGY POLICY - PREFERRED AREAS

There was submitted Report No 139-2005 by the Director of Planning and Transportation advising the Committee of the publication by Perth and Kinross Council of draft Wind Energy Policy and Preferred Areas guidance for wind energy developments and seeking approval of provisional representations submitted to Perth and Kinross Council by the Director of Planning and Transportation on behalf of Dundee City Council.

The Committee agreed to:-

(i) note that formal representations and objections were invited by 11th February 2005 and that a provisional response had been issued to meet the consultation deadline; and

(ii) approve the formal representations made by the Director of Planning and Transportation, in consultation with the Convener of Planning and Transportation Committee, in relation to the absence of a sequential approach to the siting of wind energy developments within Perth and Kinross, the extent of the Strategically Sensitive Area and the potential policy implications for the siting of wind energy developments close to Dundee.

II REPORT OF PUBLIC LOCAL INQUIRY INTO THE FINALISED DUNDEE LOCAL PLAN REVIEW ANDPROPOSED MODIFICATIONS

There was submitted Report No 150-2005 by the Director of Planning and Transportation informing the Committee of the recommendations contained in the Report of the Public Local Inquiry to examine objections to the Finalised Dundee Local Plan Review (PLI Report) and seeking approval for the Council's response to the Report of the Public Local Inquiry including proposed modifications to the Finalised Local Plan as appropriate.

The Committee agreed to:-

(i) note the contents of the Report;

(ii) approve Appendix 1 to the Report as the Council's response to the recommendations contained in the Report of the Public Local Inquiry into Objections to the Finalised Dundee Local Plan Review (PLI Report), including proposed modifications to the Local Plan as appropriate;

(iii) approve Appendix 2 to the Report which contained proposed modifications to the Finalised Local Plan Review to update the Plan or reflect changes in circumstances that had occurred since the Plan was produced;

(iv) authorise the Director of Planning and Transportation in consultation with the Convener to undertake, if necessary, minor editing of the proposed modifications prior to their advertisement;

(v) remit the Director of Planning and Transportation to undertake the necessary statutory procedures to advertise the proposed modifications inviting formal objections;

(vi) remit the Director of Planning and Transportation to report back to Committee with details of any formal objections submitted and recommend how the Council should respond to these;

(vii) note that objections submitted to modifications and not withdrawn may require to be considered at a second Public Local Inquiry convened by the City Council;

(viii) agree that the modifications to the Finalised Local Plan be referred to the Development Quality Committee for information as material considerations in making planning decisions, including the determination of planning applications; and

(ix) approve the proposal to make a charge of 50 for copies of the Report of the Public Local Inquiry and 50 for the Council's Response to the Report of the Public Local Inquiry into Objections to the Finalised Dundee Local Plan Review whilst noting that both documents will be made available for inspection free of charge at Tayside House and on the Council's website.

III SCOTTISH EXECUTIVE DEVELOPMENT DEPARTMENT - CONSULTATION PAPER ON TREE PRESERVATIONORDERS

There was submitted Report No 163-2005 by the Director of Planning and Transportation advising the Committee of consultation being undertaken by the Scottish Executive on the subject of Tree Preservation Orders and making recommendations as to the Council's response.

The Committee agreed that the comments outlined in the Appendix to the report be forwarded to the Scottish Executive as the Council's formal response to the Consultation Paper on Tree Preservation Orders.

IV POPULATION MATTERS IN DUNDEE

There was submitted Report No 777-2004 by the Director of Planning and Transportation giving the Committee an analysis of the current and projected population in the Dundee area.

The Committee agreed to:-

(i) endorse wider circulation to appropriate departments and external bodies of the supporting "Population Matters" document to ensure that there was awareness of the potential service and policy implications raised as a consequence of the change in the projected population; and

(ii) recommend that the Planning and Transportation Department ensure this information be considered and incorporated fully into future plans, programmes and strategies (including a revised Living Dundee Initiative and the proposed Dundee City Region Plan).

V CYCLING, WALKING AND SAFER STREETS (CWSS) PROJECTS COMMENCING 2005-2006

There was submitted Report No 42-2005 by the Director of Planning and Transportation seeking Committee approval for a programme of works for the year 2005-2006 funded from additional grant capital ring-fenced by the Scottish Executive for Cycling, Walking and Safer Streets (CWSS) Projects.

The Committee approved the proposed programme of works for the year 2005-2006.

VI STREET LIGHTING PERFORMANCE INDICATORS 2003/2004

There was submitted Report No 147-2005 by the Director of Planning and Transportation outlining the aspects of Audit Scotland Information for Scottish Councils 2003/2004 as far as it related to the repair of faulty street lights.

The Committee agreed to note the high level of service provided in the repair of faulty street lights.

VII ARDLER AND ST FERGUS PRIMARY SCHOOLS - SCHOOL KEEP CLEAR AREAS

There was submitted Report No 142-2005 by the Director of Planning and Transportation considering the requirement to add school keep clear markings at Ardler and St Fergus Primary Schools.

The Committee approved the preparation of a Traffic Regulation Variation Order to add to the provisions of the Dundee City Council (School Keep Clear Areas) Order 1997 as detailed in the report.

VIII FOOTWAY PARKING

There was submitted Report No 137-2005 by the Director of Planning and Transportation for the purpose of establishing criteria for promoting an order to prohibit footway parking.

The Committee agreed that Orders to prohibit footway parking be promoted in circumstances where such a practice was deemed to be an obstruction or public nuisance in the opinion of the Director of Planning and Transportation following consultation with the Chief Constable and groups representing the interests of people with a disability specifically and including those people with a visual impairment.

IX CENTRAL WATERFRONT DEVELOPMENT, PHASE 1 - CONSEQUENTIAL ROADS AND TRAFFIC ORDERS

There was submitted Report No 134-2005 by the Director of Planning and Transportation considering the requirement to promote the various Roads and Traffic Orders to facilitate the first phase of the Central Waterfront Development.

The Committee approved the preparation of the necessary Roads and Traffic Orders to stop-up lengths of road and footpaths, introduce one-way traffic in Yeaman Shore, prohibit the left hand turn from South Marketgait into Union Street and make adjustments to clearways and waiting restrictions to accommodate the new road layout of South Marketgait between Nethergate and Riverside Roundabout.

X HALDANE AVENUE SERVICE ROAD ONE-WAY TRAFFIC

There was submitted Report No 95-2005 by the Director of Planning and Transportation seeking Committee approval for the implementation of a Traffic Regulation Order to introduce one-way traffic in Haldane Avenue Service Road.

The Committee approved the preparation of the necessary Traffic Regulation Order to make the Service Road at the shops in Haldane Avenue one-way in a northerly direction.

XI JAMAICA STREET, DUNDEE - STOPPING-UP

There was submitted Report No 94-2005 by the Director of Planning and Transportation advising the Committee that in order to facilitate an adjacent development it would be necessary to stop-up the entire length of Jamaica Street and the link road between Carnegie Street and Jamaica Street.

The Committee approved the preparation of an Order under the powers of the Town and Country (Planning) (Scotland) Act 1997 to stop-up Jamaica Street and the Carnegie Street - Jamaica Street link road and delete them from the List of Public Roads.

XII COMMUNITY TRANSPORT INITIATIVE

There was submitted Agenda Note AN111-2005 advising the Committee that the Social Inclusion Partnership Board had recently approved an award of 35,000 towards the cost of purchasing and setting up a pilot Community Transport Scheme.

This scheme would be citywide and had been initiated through a partnership consisting of Dundee Accessible Transport Action Group, Dundee Voluntary Action, Kirkton Community Support and Volunteer Point.

Although this was a substantial award it would not cover the full cost of purchase and initial set up costs for the project. Others costs would include the first year's insurance, road tax and extra costs required to purchase the vehicle. There would also be other costs to cover training and incidental costs.

The Planning and Transportation Department had been involved in the partnership in an advisory capacity and with ongoing professional support this project could become financially sustainable.

It was reported that the Planning and Transportation Department had been asked to co-ordinate the purchase of the vehicle and necessary professional support. The Urban Community Transport Initiative (UCTI) monies awarded to Dundee City Council by the Scottish Executive would contribute 10,000 to this project.

The Committee approved accordingly.

XIII ACCESS AND LIGHTING FOR ARDLER MULTI-SPORT AREA

There was submitted Agenda Note AN112-2005 whereby reference was made to Article VIII of the minute of meeting of this Committee of 20th December 2004 wherein authority was given to appoint T & N Gilmartin to form a multi-sport area at Turnberry Avenue.

It was reported that it was proposed to add a further two elements to this contract, being a pedestrian bridge over the Gelly Burn and a floodlighting system for the multi sport area.

An offer from T & N Gilmartin of 10,000 had been received for carrying out the work to install the additional pedestrian bridge. In addition, allowances of 570 and 1,500 required to be made for contingencies and professional fees giving an overall additional cost for the bridge of 12,070.

The cost of the floodlighting system was 13,979 and would be carried out under the auspices of the Departments Street Lighting Section.

The Committee agreed that the offers from T & N Gilmartin and Planning and Transportation Street Lighting be accepted and the overall expenditure of 26,049 be approved, having noted that the project would be funded from the capital receipts generated within the Ardler New Housing Partnership Project.

XIV LOADING ONLY SPACE IN HIGH STREET AT ST PAUL'S CATHEDRAL

Councillor Morrow declared a non-financial interest in this item by virtue of his membership of the Cathedral Chapter.

There was submitted Agenda Note AN113-2005 advising the Committee that in order to facilitate the dropping off and picking up of children at a nursery within St Paul's Cathedral it was proposed to create a "Loading Only" space adjacent to the property.

It would be legitimate to allow dropping off and picking up in such spaces but no waiting would be permitted.

The Committee approved the preparation of the necessary Traffic Regulation Order in order that this be brought into effect.

XV SHOP FRONT GRANT - MACALPINE SHOPS

There was submitted Agenda Note AN114-2005 advising that as part of the Ardler Redevelopment the Ardler Village Trust Development Sub-Group had agreed to give a grant to the owners of the shops at Macalpine Road, to enable new shop fronts to be installed to complement both the new roof, which the owners were currently completing, and the street works being carried out by the Council.

The offer was 75% of cost up to a maximum of 6,000 per single shop bay, which worked out at a grant of 5,521. There were the equivalent of twenty single shop bays involved in the improvement with one shop declining to participate. Over and above this it had been agreed to fund the difference between a standard facia with a higher performance material and coloured roller shutters rather than standard galvanised shutters, and this would give an overall total grant to be paid of 125,236 on completion of the works, which would be funded from the capital receipts generated within the Ardler New Housing Partnership.

As there was some urgency to complete the works by the end of March in order to get the next phase of street works and footway replacement underway quickly, it was reported that 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.

The Committee noted accordingly.

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

There was submitted Agenda Note AN115-2005 seeking Committee approval for the undernoted street names:-

The Committee approved accordingly.

XVII NEW ROADS

There was submitted Agenda Note AN116-2005 seeking approval for the undernoted items:-

(a) APPLICATIONS FOR ROAD CONSTRUCTION CONSENT

The undernoted applications had been submitted and the Director of Planning and Transportation had recommended that they be approved subject to conditions which had been agreed with the applicants:

The Committee approved the application at (i) above and agreed that, on satisfactory completion of this road and, if so requested by the applicants, it be entered on the List of Public Roads for the purposes of management and maintenance in terms of the Roads (Scotland) Act 1984.

The Committee agreed to defer consideration of the application at item (ii).

XVIII DUNDEE CITY COUNCIL (WALTON STREET, DUNDEE) (STOPPING-UP) ORDER 2005

There was submitted Agenda Note AN99-2005 whereby reference was made to Article X of this Committee of 28th June 2004 wherein it was agreed to stop-up lengths of road situated at Walton Street, Dundee to facilitate the construction of a new housing development following the demolition of old housing stock.

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

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

XIX DUNDEE CITY COUNCIL (SERVICE ROADS, FOOTWAYS AND FOOTPATHS TO BABERTON, BARASSIE,CARNOUSTIE, CAWDOR, DOWNFIELD AND EDZELL COURTS, DUNDEE) (STOPPING-UP) ORDER

There was submitted Agenda Note AN100-2005 whereby reference was made to Article III of this Committee of 15th November 2004 wherein it was agreed to stop-up sections of service roads, footways and footpaths at Baberton, Barassie, Carnoustie, Cawdor, Downfield and Edzell Courts, Dundee which would become unnecessary following the demolition of the adjacent multi-storey housing blocks.

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

The Committee therefore agreed to authorise and confirm the Stopping-Up Order following the demolition of the remaining multi-storey blocks and authorise formal publication of the confirmation after which the Order would become operative.

XX DUNDEE CITY COUNCIL (ALEXANDER STREET, DUNDEE) (STOPPING-UP) ORDER 2005

There was submitted Agenda Note AN101-2005 whereby reference was made to Article IV of this Committee of 15th November 2004 wherein it was agreed to stop-up sections of carriageway and footway at Alexander Street, Dundee which were no longer necessary as a suitable alternative route existed on the realigned Alexander Street.

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

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

XXI DUNDEE CITY COUNCIL (BALUNIE DRIVE, DUNDEE) (STOPPING-UP) ORDER 2005

There was submitted Agenda Note AN125-2005 whereby reference was made to Article XII of the minute of meeting of this Committee of 26th January 2004 wherein it was agreed to stop-up the footpaths in Balunie Drive to facilitate the installation of three lockable gates which had received planning consent.

It was reported that the Order was duly prepared and advertised in the Dundee Courier and Advertiser and The Edinburgh Gazette, and the relevant statutory undertakers consulted, and 56 objections were received, 21 of which were later withdrawn.

The Committee noted that as there were objections which had not been withdrawn, only Scottish Ministers could confirm the Order and the Council would now be submitting the Order to Scottish Ministers to confirm it in terms of the relevant legislation.

XXII DUNDEE CITY COUNCIL (20 MPH SPEED LIMITS AROUND SCHOOLS) ORDER 2005

There was submitted Agenda Note AN117-2005 whereby reference was made to Article VIII of the minute of this Committee of 28th August 2004 instructing and authorising the preparation of an Order to create a safer environment around schools in order to encourage children to walk and cycle to school.

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 there were no objections.

The Committee therefore agreed to make the Order as advertised.

XXIII DUNDEE CITY COUNCIL (VARIATION OF WAITING RESTRICTIONS) ORDER 2005

The Committee agreed to defer this item.

XXIV SCOTTISH EXECUTIVE BUS ROUTE DEVELOPMENT GRANT - CROSS-CITY DIRECT

There was submitted Agenda Note AN126-2005 asking the Committee to note that Dundee City Council, in partnership with Strathtay Scottish and Travel Dundee, NHS Tayside and SET had been awarded 1.771 million, from the Scottish Executive's Bus Route Development Fund to allow the introduction of a new bus service to the City of Dundee. The Bus Route Development Fund allows bus services to be introduced, meeting the financial costs associated with new routes, with three year start up funding. Bus operators were then expected to continue services without any ongoing financial support.

This revenue funding would allow high frequency/high quality bus service to address increasing demand for east to west cross city journeys. This would improve access to health, education, retail and employment with an excess of 60,000 residents being within a few minutes walk of the service. In addition to an improved bus service, Dundee City Council and SET would jointly construct a bus only section of road, linking the Dundee Technology Park with Ninewells Hospital and the Medipark, greatly reducing journey times for public transport users.

The Committee noted accordingly.

XXV TENDERS RECEIVED BY CITY ENGINEER

There was submitted Report No 167-2005 by the Director of Planning and Transportation detailing tenders received in respect of Dundee Central Waterfront - Dock Street Tunnel Strengthening - Appointment of Consultant.

The Committee agreed to accept the lowest offer in the sum of 124,946.57 from Donaldson Associates, to which required to be added allowances for contingencies amounting to 15,053.43, giving a total expenditure of 140,000.

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.

XXVI MICRO CONNECT MOBILE PHONE ANTENNA

There was submitted Report No 55-2005 by the Director of Planning and Transportation advising the Committee of a new ultra-low power telecommunication antennae system and seeking approval to investigate its potential installation in Dundee.

The Committee approved the recommendations detailed in the report.

FIONA GRANT, Convener.