City Development Committee - 20/06/2005

At a MEETING of the PLANNING AND TRANSPORTATION COMMITTEE held at Dundee on 20th June 2005.

Present:-

BAILIES

COUNCILLORS

Councillor Kevin KEENAN, Vice-Convener, in the Chair.

The minute of meeting of this Committee of 16th May 2005 was held as read.

Unless marked thus * all items stand delegated.

I MARYFIELD DEPOT DRAFT DEVELOPMENT BRIEF

There was submitted Report No 284-2005 by the Director of Planning and Transportation seeking approval of a draft development brief in respect of the above site as the basis of consultation with adjacent site owners and interested parties to explore the redevelopment opportunities of the site.

The Committee agreed to:-

(i) approve the draft development brief for the purposes of consultation;

(ii) remit to the Director of Planning and Transportation to consult with the owners and other interested parties on the terms and content of the draft site planning brief; and

(iii) remit to the Director of Planning and Transportation to report back on the results of the consultation exercise within a period of two months.

II PLANNING AND TRANSPORTATION DEPARTMENTAL SERVICE PLAN ANNUAL PERFORMANCE REPORT

There was submitted Report No 414-2005 by the Director of Planning and Transportation reporting on the Department's Service Plan Annual Performance for the period ending 31st March 2005 as part of the Council's Performance Management Framework and Best Value policy.

The Committee agreed to note the Summary of Key Highlights and Achievements together with the evaluation of performance achieved on the targets and trends in the core performance indicators as detailed in Appendix 1 to the report and note the evaluation of progress on key projects and areas for improvement as set out in Appendix 2 to the report.

III DUNDEE AREA WAITING RESTRICTIONS VARIATION

There was submitted Report No 303-2005 by the Director of Planning and Transportation relative to requests received 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 Regulations Orders for Dundee, as detailed in the report.

IV REQUEST PERMISSION FOR SERVICE OF TREE REPLACEMENT NOTICE

There was submitted Report No 226-2005 by the Director of Planning and Transportation seeking the agreement of the Committee to allow the service of a Tree Replacement Notice on the owner at 2 Dudhope Terrace, Dundee.

The Committee agreed:-

(i) that the Director of Planning and Transportation be remitted, in consultation with the Depute Chief Executive (Support Services), to serve a Tree Replacement Notice, as specified in paragraph 6.3 of the report, under the terms of Section 168 of the Town and Country Planning (Scotland) Act 1997 ("the Act") on the owner of the property at 2 Dudhope Terrace, Dundee, who had failed to replace five trees situated in a conservation area after felling them without seeking the Council's permission; and

(i) to note that failure to comply with the notice would lead to the Council undertaking direct action as specified in paragraph 6.3 of the report.

V REQUEST PERMISSION FOR SERVICE OF TREE REPLACEMENT NOTICE

There was submitted Report No 229-2005 by the Director of Planning and Transportation seeking the agreement of the Committee to allow the service of a Tree Replacement Notice on the owner at Dundee Crematorium, Macalpine Road, Dundee.

The Committee agreed:-

(i) that the Director of Planning and Transportation be remitted, in consultation with the Depute Chief Executive (Support Services), to serve a Tree Replacement Notice as specified in paragraph 6.5 of the report, under the terms of Section 168 of the Town and Country Planning (Scotland) Act 1997 ("the Act") on the owners of the Dundee Crematorium, who had failed to adequately protect trees during works carried out on the grounds of the Crematorium with the result that 7 trees had been destroyed and several more were showing signs of distress; and

(ii) to note that failure to comply with the notice would lead to the Council undertaking direct action as specified in paragraph 6.5 of the report.

VI HILLTOWN TERRACE AREA - OFF-STREET CAR PARKS FOR DISABLED BADGE HOLDERS

There was submitted Report No 350-2005 by the Director of Planning and Transportation relative to the provision of new off-street car parks for disabled holders in the Dundee City Council (Off-street Car Parks) Order 1996, for the purpose of enforcement and control.

The Committee approved the preparation of the necessary Traffic Regulation Order to include new off-street car parks at Bonnethill, Dallfield, Hilltown and Tulloch Courts for disabled badge holders as indicated on the attached plan in the Dundee City Council (Off-street Car Parks) Order 1996 for the purpose of enforcement and control.

VII FORTHILL ROAD/FINTRY PLACE - ONE WAY TRAFFIC AND WAITING RESTRICTIONS

There was submitted Report No 351-2005 by the Director of Planning and Transportation relative to a proposal to introduce traffic regulation measures as part of the construction of new dropping off facilities associated with the Forthill Primary School extension.

The Committee approved the preparation of the necessary Traffic Regulation Order to introduce one-way traffic in the new service road between Fintry Place and Forthill Road and introduce waiting restrictions.

VIII REGIONAL TRANSPORT PARTNERSHIPS

There was submitted Report No 375-2005 by the Director of Planning and Transportation, commenting on The Regional Transport Partnerships (Establishment and Constitution) (Scotland) Order 2005 and its implications for the Council.

The Committee agreed to note the constitution of and the timetable for the Statutory Regional Transport Partnerships.

Thereafter, the Vice-Convener, seconded by Councillor Shimi, moved that the Convener and Depute Convener be nominated for membership to the Board of the Regional Transport Partnership.

As an amendment, Councillor FitzPatrick, seconded by Councillor Sawers, moved that one member of the Administration and one member of the Major Opposition be nominated for membership to the Board of the Regional Transport Partnership.

On a division, there voted for the motion - the Vice-Convener, Lord Provost Letford, Bailies Farquhar, Wright, Powrie and Mackie, Councillors Shimi, Regan, Sturrock, Hind, Morrow, Dick, Wallace, Webster and Scott (15); and for the amendment - Bailie Borthwick, Councillors Don, Duncan, Beattie, Sawers, FitzPatrick, Roberts and Fordyce (8); whereupon the motion was declared carried.

IX ROAD MAINTENANCE AND MINOR WORKS PARTNERSHIP AGREEMENT

There was submitted Report No 369-2005 by the Director of Planning and Transportation, reviewing the current arrangements for delivering the road maintenance and minor road works service and making recommendations on the development of a Partnership Agreement with Tayside Contracts for the future delivery of this service.

The Committee agreed to:-

(i) note the content of the report;

(ii) agree to the development of a Partnering Agreement between Dundee City Council and Tayside Contracts for the future provision of this service, this agreement to be on an initial trial basis until March 2007; and

(iii) note the intention to establish a series of KPI's which would monitor the financial performance of this Partnership, these KPI's to be benchmarked against competitive rates both internally and with other authorities.

X OBJECTIONS TO PROPOSED MODIFICATIONS TO FINALISED DUNDEE LOCAL PLAN REVIEW

There was submitted Report No 380-2005 by the Director of Planning and Transportation advising the Committee of objections and representations received in respect of proposed modifications to the Finalised Dundee Local Plan Review and the Council's Response to the PLI Report.

The Committee agreed to:-

(i) note the content of the Report;

(ii) approve Appendix 1 to the Report as the Council's response to objections to proposed modifications to the Finalised Dundee Local Plan Review;

(iii) approve Appendix 2 to the Report that responds to representations received regarding the Council's Response to the Report of the Public Local Inquiry into Objections to the Finalised Dundee Local Plan Review; and

(iv) remit the Director of Planning and Transportation to undertake the necessary statutory procedures to formally adopt the Dundee Local Plan Review.

XI WHITFIELD MASTERPLAN PRESENTATION

There was submitted Agenda Note AN247-2005, advising that there were a considerable number of former housing sites where properties had been demolished and temporary open space created and it was proposed to prepare a Masterplan to address the potential use of these sites within the aspirations expressed in the Local Community Plan for the purposes of consulting with the local community.

It was reported that Whitfield offered a good opportunity to make a range of good quality sites available particularly for new private housing development on brownfield land and a first draft of a "Masterplan" had been produced to stimulate discussion and take forward the consultation.

The Committee agreed to:-

(i) approve the draft Masterplan for purposes of consultation;

(ii) remit the Director of Planning and Transportation to consult with the local community and interested parties on the terms and content of the draft Masterplan; and

(iii) remit the Director of Planning and Transportation to report back on the results of the consultation exercise.

XII ABERLADY DRAFT SITE PLANNING BRIEF

There was submitted Report No 368-2005 by Director of Planning and Transportation, seeking approval of the principles of a draft site planning brief in respect of the above site, as the basis of consultation with the local community and interested parties.

The Committee agreed to:-

(i) approve the draft site planning brief for purposes of consultation;

(ii) 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

(iii) remit the Director of Planning and Transportation to report back on the result of the consultation exercise.

XIII QUALITY OF LIFE ADOPTED FOOTWAY REPAIRS

There was submitted Agenda Note AN252-2005, making reference to Article XIII of the minute of meeting of this Committee of 20th December 2004, when it was agreed to accept an offer from Ennstone Thistle Limited to carry out BNSF Kirkton Footway Repairs for the Unit Rate Contract tender sum of 68,688.

It was reported that during the course of this contract in March 2005, additional works were identified including a further two footways and additional replacement kerbing, and these additional works, amounting to 24,000, were instructed to be carried out by Ennstone Thistle as an extension to the original contract, with the cost being met from within the Quality of Life Adopted Footways Revenue Budget 2004/05.

The Committee noted accordingly.

XIV CENTRAL WATERFRONT DEVELOPMENT

There was submitted Agenda Note AN251-2005, making reference to Article VIII of the minute of meeting of this Committee of 24th September 2001 when approval was given for the implementation of the Central Waterfront Development Masterplan. It was reported that following completion of a detailed feasibility study, the road alignment and geometry had been further developed to ensure that it would function effectively whilst remaining faithful to the original agreed Masterplan.

The Committee noted these modifications.

XV DUNDEE RAILWAY STATION - NORTH ACCESS ROAD

There was submitted Agenda Note AN250-2005, advising that as part of the Dundee Central Waterfront Development and the current Western Road Realignment project, it was necessary to provide an access road via Greenmarket East to the Dundee Railway Station, extending the access road in the current development by Discovery Quay Development (DQD).

It was reported that due to the programming conflicts of the two concurrent projects and after discussion and negotiation with DQD, they had offered to design and construct the necessary carriageway for the sum of 57,921.00.

The Committee agreed to accept this offer from Discovery Quay Development for the construction of the access road, having noted that the costs could be met from allowances within the Cities Growth Fund 2005/06.

XVI CARRIAGEWAY RESURFACING - HARRISON ROAD AND FARADAY STREET

There was submitted Agenda Note AN249-2005, making reference to Article II of the minute of meeting of the Policy and Resources Committee of 9th May, 2005 when the Capital Plan was approved.

It was reported that the Chief Executive had approved awarding the above works to Tayside Contracts based on their submission for the recently extended 2004/05 Unit Rate Contract, which was the most favourable for this work. This has enabled the carriageway surfacing programme to be commenced at the optimum time of year and contributed to continuity of work for the workforce.

The Committee noted accordingly.

XVII COLDSIDE ROUNDABOUT ENVIRONMENTAL IMPROVEMENTS

There was submitted Agenda Note AN248-2005, advising that on the instruction of the Director of Planning and Transportation, proposals had been prepared for carrying out environmental improvements at Coldside Roundabout, involving the resurfacing of the roundabout and landscaping works.

It was reported that in order to ensure that these works were completed as part of the Hilltown Area Environmental Improvements contract and following additional funding made available from BNSF, rates had been agreed with Dundee Plant Company Limited based on the competitive tender for the Hilltown Area Environmental Improvements contract.

The Committee agreed to accept the offer from Dundee Plant Ltd to carry out this work amounting to 21,750 (subject to confirmation) together with allowances of 1,500 for professional fees and 1,750 for contingencies giving an overall expenditure of 25,000.

XVIII 85-89 ANN STREET AND 28-30 NELSON STREET

There was submitted Agenda Note AN246-2005, making reference to Article IX of the minute of meeting of this Committee of 15 November 2004 authorising the preparation of a Compulsory Purchase Order (CPO) to acquire all interests at 28 and 30 Nelson Street and 85 to 89 Ann Street, Dundee ("the subjects") and the minute of meeting of the City Council on 13 June 2005 agreeing to make the CPO.

It was reported that subject to confirmation of the CPO by the Scottish Ministers and completion of title by the Council it was proposed that the subjects be disposed to Hillcrest Housing Association at market value for housing redevelopment in accordance with the Ann Street/Nelson Street Development Brief and the Committee's authority for this proposed disposal was sought. The receipt from this disposal would be reutilised in accordance with the requirements of the Vacant and Derelict Land Fund.

The Committee approved accordingly.

XIX NEW ROADS

There was submitted Agenda Note AN244-2005 detailing the undernoted applications, for road construction consent. The Committee approved the applications subject to conditions which had been 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.

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

There was submitted Agenda Note AN243-2005, requesting approval for the undernoted street names.

The Committee approved accordingly.

XXI DUNDEE CITY COUNCIL (HALDANE AVENUE SERVICE ROAD, DUNDEE) (ONE-WAY TRAFFIC) ORDER 2005

There was submitted Agenda Note AN238-2005, making reference to Article X of the minute of meeting of this Committee of 21st March, 2005 instructing and authorising the preparation of an Order to improve safety by eliminating vehicular conflicts in this narrow service road.

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 authorised formal publication of the order as drafted.

XXII DUNDEE CITY COUNCIL (ARDLER AND ST FERGUS PRIMARY SCHOOLS, DUNDEE) (VARIATION OFSCHOOL KEEP CLEARS) ORDER 2005

There was submitted Agenda Note AN237-2005, making reference to Article VII of the minute of meeting of this Committee of 21st March, 2005 instructing and authorising the preparation of an Order to improve safety for school children by prohibiting parking at the school gates.

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.

XXIII DUNDEE CITY COUNCIL (SOUTH MARKETGAIT AND YEAMAN SHORE, DUNDEE) (STOPPING UP OF ROADS,FOOTPATH AND FOOTBRIDGE) ORDER 2005

There was submitted Agenda Note AN278-2005, making reference to Article IX of the minute of meeting of this Committee of 21st March, 2005 wherein it was agreed to stop up sections of roads, footpath and footbridge at South Marketgait and Yeaman Shore, Dundee which would become unnecessary following the realignment of South Marketgait and the provision of alternative pedestrian crossing facilities.

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. No valid objections were received, but one objection was received outwith the statutory period for objections.

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

XXIV TENDERS RECEIVED BY CITY ENGINEER

There was submitted Report No 420-2005 by the Director of Planning and Transportation detailing tenders received in respect of the undernoted projects.

(i) QUALITY OF LIFE, HOUSING FOOTPATH REPAIRS, CONTRACT 6

The Committee agreed to accept the offer from Tayside Contracts in the sum of 35,376.90, together with allowances amounting to 6,423.10, amounting to a total expenditure of 263,034.

(ii) QUALITY OF LIFE, HOUSING FOOTPATH REPAIRS, CONTRACT 7

The Committee agreed to accept the lowest offer, from Tayside Contracts in the sum of 24,083.41, together with allowances amounting to 4,916.59, amounting to a total expenditure of 263,034.

FIONA GRANT, Convener.