City Development Committee - 08/05/2006

At a MEETING of the PLANNING AND TRANSPORTATION COMMITTEE held at Dundee on 8th May 2006.

Present:-

BAILIES

COUNCILLORS

Councillor GRANT, Convener, in the Chair.

The minute of meeting of this Committee of 17th April 2006 was held as read.

Unless marked thus * all items stand delegated.

I AIR QUALITY AND LAND USE PLANNING

There was submitted Report No 186-2006 by the Director of Planning and Transportation seeking approval for a draft Planning Policy Advice note proposing a framework and procedures for the consideration of air quality issues as part of the planning process.

The Committee approved the draft Planning Policy Advice at Appendix 1 to the report for consultation purposes and remitted the Director of Planning and Transportation to report back on any comments received prior to the adoption of the final Policy Advice.

II QUALITY OF LIFE - HOUSING FOOTPATH REPAIRS

Thee was submitted Joint Report No 222-2006 by the Director of Planning and Transportation and Director of Housing updating the Committee on progress with the city wide repair programme to Housing footpaths, and seeking authority to commence a programme of footpath repairs for 2006/2008.

The Committee agreed to:-

(a) note the contents of the report and agree the prioritisation of footpath repairs in accordance with Appendix 1 to the report; and

(b) authorise the City Engineer to have this work undertaken under the Partnership Agreement with Tayside Contracts.

III STATUTORY UNDERTAKING REINSTATEMENTS IN DUNDEE, 2005-2006

Councillor Dawson declared a non-financial interest in this item by virtue of being an employee of Scottish and Southern Energy.

There was submitted Report No 227-2006 by the Director of Planning and Transportation advising the Committee of the performance of Statutory Undertakers operating in Dundee during 2005-2006 based on inspections and coring of their reinstatements under the New Roads and Street Works Act 1991 (NRSWA).

The Committee agreed to:-

(a) note the performance of Statutory Undertakers reinstatements in Dundee based on the visual sample inspection regime and the local coring results for the last year; and

(b) note the status of the Transport (Scotland) Act 2005, Part 2 - Road Works, which was expected to be implemented on 1st January 2007.

IV COMPULSORY PURCHASE ORDER OF PROPERTY AT 13 DURA STREET AND 53 ERSKINE STREET, STOBSWELL

There was submitted Report No 253-2006 by the Director of Planning and Transportation seeking authority to promote a Compulsory Purchase Order in respect of the property at 13 Dura Street and 53 Erskine Street to secure the redevelopment of this prominent corner site within the Stobswell Neighbourhood Regeneration Area.

The Committee agreed to:-

(a) authorise the Depute Chief Executive (Support Services) to promote a Compulsory Purchase Order to acquire all the outstanding interests in the two adjoining pre-1919 tenements at 13 Dura Street and 53 Erskine Street to allow the redevelopment of this important site; and

(b) remit the Director of Economic Development to enter into negotiations with Home in Scotland Housing Association to dispose of the site following completion of the compulsory purchase procedure at market value for housing redevelopment in accordance with the planning permission recently granted.

V CENTRAL WATERFRONT (YEAMAN SHORE) AND DISCOVERY QUAY (EARL GREY SOUTH) CAR PARKS - CONVERSION TO VARIABLE STAY

There was submitted Report No 262-2006 by the Director of Planning and Transportation considering the necessity to promote a traffic regulation order to vary the time limits and charges in the Central Waterfront and Discovery Quay car parks.

The Committee agreed to recommend that a Traffic Regulation Order be prepared to vary the time limits and charges in the Central Waterfront and Discovery Quay car parks.

VI UNIVERSITY OF DUNDEE MASTERPLAN

Councillor Webster declared a non-financial interest in this item by virtue of being an employee of Dundee University.

There was submitted Agenda Note AN159-2006, making reference to Article XX of the minute of meeting of this Committee of 4th December 2000 when it was agreed to jointly commission a Campus Plan in partnership with the University of Dundee and Scottish Enterprise Tayside, and Article I of the minute of meeting of this Committee of 2nd December 2002, when the Plan was approved.

It was reported that the University of Dundee had commissioned a review of the masterplan by the consultancy, Farrells, which had now been completed. The main components of the new plan were the same as those in the previous version which were accepted by the Committee. The changes in the new plan represented refinements to the original which did not materially affect the principles previously agreed. The Committee therefore agreed to note the revised University of Dundee Masterplan as a substitute for the 2002 version.

VII DUNDEE CITY COUNCIL (STOBSWELL ROAD AND CATHERINE STREET, DUNDEE) (STOPPING UP) ORDER 2006

There was submitted Agenda Note AN161-2006, making reference to Article II of the minute of meeting of this Committee of 9th January 2006 wherein it was agreed to stop up lengths of roads and footways situated at Stobswell Road and Catherine Street, Dundee to permit the development of a new supermarket which had received planning consent.

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

VIII DECRIMINALISATION OF PARKING - REPRESENTATIONS AND APPEALS

There was submitted Agenda Note AN162-2006 making reference to Article III of the minute of meeting of this Committee of 2nd December 2002 wherein it was agreed to implement a scheme for the decriminalisation of parking in Dundee.

It was reported that if a parking attendant considered that a contravention had occurred, a Penalty Charge Notice (PCN) was issued. A discount (currently 50%) was applied where the penalty charge was paid within 14 days. If the penalty remained unpaid after 28 days, a Notice to Owner (NtO) was issued to the owner. The Council was under a statutory duty to consider any written representations and supporting evidence received from the owner within 28 days of the service of the NtO. The Council was required to cancel the PCN if it considers that one or more of the statutory grounds had been met. In summary these grounds were principally that:-

7         the recipient did not own the vehicle at the time of the contravention;

7         the alleged contravention did not occur;

7         the vehicle had been parked by someone without the consent of the owner;

7         the designation order was invalid;

7         the vehicle had been hired and the person who hired it had agreed to be responsible for penalty charges;

7         the penalty charge exceeded the amount applicable in the circumstances of the case.

A notice was served of the Council's decision on these representations as to whether the ground had been established and, if so cancel the PCN, and, if not, to notify the owner of the right to appeal the PCN to the Parking Adjudicator. This function was currently being discharged by Planning and Transportation parking staff.

There were no statutory grounds for making written representations where the recipient of the NtO acknowledged a contravention but sought to argue extenuating circumstances for making representations before the receipt of the NtO. However, the Council retained at all times a general legal discretion not to pursue a PCN at any stage so long as this was exercised reasonably and fairly. Therefore, the Council did accept and consider statutory and non-statutory representations made by an owner prior to the issuance of an NtO and these were currently considered and discharged by Planning and Transportation parking staff, and this would continue.

It was now proposed to establish an internal review panel with delegated powers to consider all statutory and non-statutory representations received after the issuance of an NtO (Notice to Owner) including extenuating circumstances where an owner did not accept the initial decision of Planning and Transportation parking staff. In the interests of natural justice the review panel would comprise Senior Officers who have not previously been involved in the issue or consideration of the original PCN/NtOs.

Accordingly, it was recommended that a pool of six Senior Officers - two each from Legal, Finance and Corporate Planning (with either the Senior Legal Officer or Senior Finance Officer in the Chair) be established for this purpose with full relevant delegated powers. All cases would be considered on an ad hoc basis by a panel of three officers - one from each discipline. It was also recommended that the Panel be guided in cases where extenuating circumstances were pled by the general principle that each case would be dealt with on its own merits and that they should balance the need to show flexibility with the need to enforce parking controls fairly in the public interest. In the event that there was no consensus then the appeal would be forwarded to the Chief Executive, Depute Chief Executive (Finance) or Depute Chief Executive (Support Services) for a final decision.

The Committee approved the abovementioned proposals.

IX NEW ROADS

There was submitted Agenda Note AN163-2006, advising of the undernoted application for Road Construction Consent.

The Committee approved the undernoted application subject to conditions which had been agreed with the applicant:-

It was further agreed that, on satisfactory completion of this road and, it 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.

X PROPOSED NEW STREET NAMES

There was submitted Agenda Note AN164-2006, detailing proposed new street names.

The Committee agreed to approve the undernoted proposed new street names.

FIONA GRANT, Convener.