City Development Committee - 09/03/2009

At a MEETING of the PLANNING AND TRANSPORT COMMITTEE held at Dundee on 9th March, 2009.

Present:-

BAILIES

COUNCILLORS

Councillor Fraser MACPHERSON, Convener, in the Chair.

The minute of meeting of this Committee of 9th February, 2009 was held as read.

Unless marked thus * all items stand delegated.

I DUNDEE, PERTH, ANGUS AND NORTH FIFE STRATEGIC DEVELOPMENT PLANNING AUTHORITY JOINT COMMITTEE

There was submitted Report No 132-2009 by the Director of Planning and Transportation reporting the proceedings of the meeting of the Dundee, Perth, Angus and North Fife Strategic Development Planning Authority Joint Committee which was held on 24th February, 2009.

The Committee agreed to endorse the remits of the Joint Committee, relating to:-

(a) Scheme of Delegation and amendments to the Minute of Agreement;

(b) Financial Regulations; and

(c) Development Plan Scheme.

II DUNDEE DEVELOPMENT PLAN SCHEME

There was submitted Report No 121-2009 by the Director of Planning and Transportation setting out the proposed Development Plan Scheme for Dundee.

The Committee agreed to:-

(a) approve the proposed Development Plan Scheme for Dundee as set out in Appendix 1 to the report;

(b) refer the proposed Development Plan Scheme to the Scottish Government for information; and

(c) remit the Director of Planning and Transportation to publicise the Scheme.

III FINALISED FIFE STRUCTURE PLAN 2006/2026, FINALISED FIFE STRUCTURE PLAN HOUSING LAND REQUIREMENT RE-APPRAISAL - PROPOSEDMODIFICATIONS BY THE SCOTTISH GOVERNMENT

There was submitted Agenda Note AN43-2009, advising that the Scottish Minister had notified Dundee City Council of the draft modifications to the Fife Structure Plan. This Council had formally objected to the strategic housing allocations as set out in the Finalised Fife Structure Plan at Housing Proposal H1 and H2 and the timescale for the proposed plan in light of changes to the framework for development planning in Scotland.

The Scottish Government's approach taken to Housing Land Release within the Finalised Fife Structure Plan still raised potential significant issues of concern for Dundee City Council in terms of the impact on the development strategy of the Dundee and Angus Structure Plan and the imminent Strategic Development Plan (Tayplan). It was considered that these predetermined housing numbers would undermine the ability of the new Strategic Development Plan Authorities to consider and progress their strategies. In particular, the Scottish Government's apparent acceptance of the substantial housing allocation at Cupar North on the basis of developer contribution to fund a relief road and not based on a demonstrated local demand would inevitably draw demand from the Greater Dundee Housing Market Area.

It was also considered that the advancement of the Finalised Fife Structure Plan 2006/2026 over a 20 year period was considered to be inappropriate and would clearly constrain and undermine the ability of both Dundee and Edinburgh Strategic Development Plan Authorities to formulate appropriate Strategies for these new Plans.

It was noted that, due to the timescales involved, the Director of Planning and Transportation had submitted representations on behalf of the City Council to the Scottish Government requesting them to look again at the approach taken to Housing Land Release and the 20 year timescale of the Finalised Fife Structure Plan.

IV TAYSIDE AND CENTRAL SCOTLAND TRANSPORT PARTNERSHIP (TACTRAN) REGIONAL TRANSPORT STRATEGY, DUNDEE WEST INTEGRATEDTRANSPORT INITIATIVE - RIVERSIDE AVENUE APPROACH TO SWALLOW ROUNDABOUT - EXTENSION

There was submitted Agenda Note AN44-2009, advising that, as part of the TACTRAN 2008/2009 Capital programme and under the Dundee West Integrated Transport Strategy, the City Engineer had been appointed by TACTRAN to prepare the preliminary and detailed designs for the Riverside Avenue Approach to Swallow Roundabout: Extension to Left Turn Lane, and to undertake the supervision and administration of the site works. The works, which were to be undertaken within the boundaries of Perth and Kinross Council, were designed to reduce congestion at peak times and included extending the existing west bound left turn lane by approximately 300m.

To carry out the works, joint funding by Dundee City Council and Perth and Kinross Council was being provided through the TACTRAN 2008/2009 capital programme, as detailed below:-

Funding for the project had been allocated to the respective Councils and was to be spent by 31st March, 2009; however, expenditure within the required timescale was not achievable if the traditional procurement route of competitive tendering was followed. The Chief Executive had, therefore, approved a partnership arrangement with Tayside Contracts to carry out these works as they had particular expertise, appropriate experience and extensive knowledge of similar types of work. This approach was also approved by TACTRAN and Perth and Kinross Council.

Tayside Contracts had submitted an offer of 295,852 and a comparison of costs confirmed this offer to be in line with previous costs obtained in competition taking due consideration of current market trends. In addition to the works costs, a sum of 30,000 needed to be added for professional services and a further 74,148 contingency for public utility diversionary works, bringing the total sum for the project to 400,000.

The Committee noted the above.

V STREET LIGHTING PARTNERSHIP

There was submitted Report No 135-2009 by the Director of Planning and Transportation seeking approval to extend the existing partnership with Dundee City Council, Perth and Kinross Council and Tayside Contracts for the shared service delivery of Street Lighting across the geographical areas of both Councils.

The Committee noted the contents of the report and agreed:-

(a) to the three year extension to the Partnership Scheme to 31st March, 2012;

(b) that the Director of Planning and Transportation be remitted to report back annually to Committee advising on progress and performance; and

(c) that further discussions take place with Angus Council to encourage them to become part of the Partnership which would then cover the whole of Tayside.

VI ROAD MAINTENANCE - MINOR WORKS PARTNERSHIP AGREEMENT

There was submitted Report No 138-2009 by the Director of Planning and Transportation providing an update on the progress and performance of the trial Road Maintenance Partnership between Dundee City Council and Tayside Contracts on the delivery of Road Maintenance and Minor Works Services and seeking approval to establish a formal Partnership for a period of three years.

The Committee agreed:-

(a) to the establishment of a formal partnership scheme for a three year period to 31st March, 2012; and

(b) that the Director of Planning and Transportation be remitted to report back annually to Committee on the progress and performance of the Partnership.

VII STANNERGATE TO DOUGLAS TERRACE WALKWAY IMPROVEMENTS

There was submitted Agenda Note AN45-2009, making reference to Article XV of this Committee of 8th January, 2007, whereby approval was given to appoint Torith Ltd to carry out sections of work to coastal structures in the above area to a value of 289,526. Reference was also made to Article VI, Article V and Article X of this Committee of 13th August, 2007, 11th February, 2008 and 8th September, 2008, whereby, following successful bids with SUSTRANS and the Scottish Executive Vacant Derelict Land Fund (VDLF) and further funding by Dundee City Council for emergency works, the contract with Torith Ltd was subsequently extended to 1,129,526.

It was reported that a recent funding bid to TACTRAN to complete the 185,000 final section at the Stannergate end of the walkway had been successful to the value of 100,000. Dundee City Council would provide the additional 85,000 funding required through the Planning and Transport Bridge Assessment and Work Programme budget. TACTRAN funding however required to be spent by 31st March, 2009. Given the tight timescales involved, the fact that the original contract was won in competitive tender and, as the works had continued to be carried out to a high quality standard, the Chief Executive had authorised the extension of the contract with Torith Ltd to carry out these additional works to the value of 175,000 based on the original contract rates. To this an allowance of 10,000 required to be made for the CDM Co-ordinator and professional fees, making a total of 185,000 for the project.

The Committee noted the above.

VIII SINCLAIR STREET ENVIRONMENTAL IMPROVEMENTS

There was submitted Agenda Note AN46-2009, making reference to Article X of the minute of meeting of this Committee of 27th October, 2008, wherein the City Engineer was authorised to appoint Dundee Plant Company Ltd to carry out environmental improvement works in the Hilltown area.

It was reported that the main works were nearing completion and similar works had now been identified that required to be carried out in Sinclair Street, Lochee as part of the first phase of works within the Lochee Physical Regeneration Framework. The City Engineer had obtained a quotation from Dundee Plant Company Ltd which demonstrated favourable rates for carrying out these works under the above contract and recommended that this offer be accepted.

The overall costs amounted to 108,930.37, including 13,500 for professional fees and 3,569.63 for contingencies.

The Committee authorised the City Engineer to instruct these works.

IX TENDERS RECEIVED - CENTRAL WATERFRONT STORMWATER TANK SITE INVESTIGATION

There was submitted Agenda Note AN47-2009, making reference to Article XIII of this Committee of 8th December, 2008, whereby approval was given to the City Engineer to work with the preferred contractor, AMCO, to carry out advanced joint investigations to develop the detailed proposals for the Central Waterfront Stormwater Tank. The City Engineer was authorised to incur costs up to a value of 75,000.

It was reported that, in view of the limited timescales available, the Chief Executive had authorised the appointment of Ritchies through the existing Unit Rate Contract for Ground Investigation April 2007 to March 2009, to carry out specialist site investigation works to inform the project. The initial contract amount was for 39,392.20 which, together with allowances for further detailed site investigation required, CDM Co-ordinator and professional services, made a total expenditure of 75,000.

The Committee noted the above.

X DUNDEE CITY COUNCIL (PERTH ROAD, RIVERSIDE DRIVE AND NINEWELLS AVENUE, DUNDEE) (VARIATION OF SPEED LIMITS) ORDER 2009

There was submitted Agenda Note AN48-2009, making reference to Article VI of the minute of meeting of this Committee of 8th September, 2008, wherein the Committee authorised the preparation of an Order to improve safety by reducing the current 40 mph speed limit to 30 mph on the above roads.

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

The Committee therefore agreed to make the Order as advertised and remitted the Director of Planning and Transportation to implement it.

XI DUNDEE CITY COUNCIL (TOM McDONALD AVENUE, DUNDEE) (PROHIBITION OF DRIVING) ORDER 2009

There was submitted Agenda Note AN58-2009, making reference to Article XIV of the minute of meeting of this Committee of 8th September, 2008, wherein the Committee authorised the preparation of an Order to allow easier enforcement against the abuse at the rising bollard in Tom McDonald Avenue which is designed to only permit buses to pass through.

It was reported 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.

XII TREE PRESERVATION ORDERS

There was submitted Agenda Note AN49-2009 relative to the undernoted Tree Preservation Orders:-

11/2008 - The Bryans, 89 Dundee Road, Broughty Ferry, Dundee

The Committee noted that on 17th November, 2008 the Council had made a provisional Tree Preservation Order on the above mentioned site. This site is located within West Ferry Conservation Area. The owners of the site felled trees without advising the Council as required. The Forestry Officer considered the remaining trees merit protection and also to preserve the arboreal amenity of the area.

No objections had been received to this Tree Preservation Order.

12/2008 - Craigowan, 42 Camphill Road, Broughty Ferry, Dundee

The Committee noted that on 17th November, 2008 the Council had made a provisional Tree Preservation Order on the above mentioned site. The site is located within Reres Hill Conservation Area. This was done to protect the trees from future development of the site and to protect the arboreal amenity of the area.

No objections had been received to this Tree Preservation Order.

10/2008 - Fairways, 1A Castleroy Road, Broughty Ferry, Dundee

The Committee noted that on 5th December, 2008 the Council had made a provisional Tree Preservation Order on the above mentioned site. The site is not located within a Conservation Area, therefore there was no protection for the trees. The Council's Forestry Officer considered that they merited protection and that it would also preserve the arboreal amenity of the area.

No objections had been received to this Tree Preservation Order.

17/2008 - Rosemeade, 9 Castleroy Road, Broughty Ferry, Dundee

The Committee noted that on 15th December, 2008 the Council had made a provisional Tree Preservation Order on the above mentioned site. This site is not located within a Conservation Area, therefore there was no protection for the trees. The Council's Forestry Officer considered that they merited protection and that it would also preserve the arboreal amenity of the area.

No objections had been received to this Tree Preservation Order.

The Committee therefore authorised the Depute Chief Executive (Support Services) and the Director of Planning and Transportation to undertake the necessary procedures and confirm the above four Tree Preservation Orders.

XIII THE SCOTTISH GOVERNMENT DIRECTORATE FOR THE BUILT ENVIRONMENT - TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 - THESTOPPING‑UP (BROOK STREET, BROUGHTY FERRY) ORDER 2009

There was submitted Agenda Note AN59-2009 advising the Committee that the Scottish Ministers had given notice that they had made an Order under Section 202 of the Town and Country Planning (Scotland) Act 1997 seeking the stopping-up of a section of the south footpath of Brook Street, Broughty Ferry, adjacent to the Royal Bank of Scotland premises.

This Stopping-Up Order was to facilitate the development of a disabled entrance to the bank. Dundee City Council had previously rejected a planning application for this proposal, the decision of which was appealed and upheld by Scottish Ministers. The application for a Stopping-Up Order on 13th August, 2007 was refused by this Committee on the grounds of inadequate footway width for pedestrian passage.

In light of the foregoing, the Committee authorised the Director of Planning and Transportation to object to the Stopping-Up Order proposed by the Scottish Government on the grounds that if a Stopping-Up Order was approved, the public would no longer have a right of passage over the area of footway concerned and the remaining available width of footway would by physically restricted by the proposed ramp. The existing footway was 3.0 metres wide and this would be reduced down to 1.8 metres as a result of the proposed ramp. This was considered to be unacceptably narrow given the high levels of pedestrian movement in Brook Street.

XIV TENDERS RECEIVED BY THE CITY ENGINEER

There was submitted Report No 99-2009 by the City Engineer detailing tenders received in respect of the undernoted projects:-

(a) VACANT AND DERELICT LAND FUND (VDLF) - DIGHTY BURN, TROTTICK (MILLBURN GARDENS)

The Committee agreed to accept the offer from Dundee Contract Services in the sum of 21,225.65, to which required to be added 13,774.35 for fees and allowances, giving a total of 35,000.

(b) 9 TO 13 DURA STREET AND 51 ERSKINE STREET - DEMOLITION

The Committee agreed to accept the lowest offer from Safedem Ltd in the sum of 98,289, to which required to be added 50,711 for fees and allowances, giving a total of 149,000.

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 item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraphs 4 and 6 of Part I of Schedule 7A of the Act.

XV DUNDEE CITY COUNCIL (3 KEMBACK STREET) COMPULSORY PURCHASE ORDER 2008

There was submitted Joint Report No 137-2009 by the Director of Planning and Transportation and Depute Chief Executive (Support Services) seeking approval to approve a grant from the Vacant and Derelict Land Fund to undertake site preparation and securing works in respect of the above properties.

The Committee agreed to offer a grant from the Vacant and Derelict Land Fund as a contribution towards site preparation works and securing works subject to the terms and conditions detailed in the report.

Fraser MACPHERSON, Convener.