City Development Committee - 27/04/2009

At a MEETING of the CITY DEVELOPMENT COMMITTEE held at Dundee on 27th April, 2009.

Present:-

BAILIES

COUNCILLORS

Councillor Will DAWSON, Convener, in the Chair.

The minutes of meetings of the Planning and Transport Committee of 9th March, 2009 and the Economic Development Committee of 23rd March, 2009 were held as read.

Unless marked thus * all items stand delegated.

I PROPOSED NEW STREET NAMES

Councillor Roberts declared a non-financial interest in this item by virtue of having been approached by the deputation.

There was submitted Agenda Note AN84-2009 seeking approval for the undernoted proposed new street names:-

The Committee acceded to a request which had been received in respect of item (b) above. After the deputation had stated its case, it was thanked for its attendance and withdrew.

Thereafter, the Committee approved the proposed street names detailed above.

II PLANNING AND TRANSPORT DEPARTMENTAL SERVICE PLAN - ANNUAL PERFORMANCE REPORT

There was submitted Report No 175-2009 by the Director of Planning and Transportation reporting on the Department's Service Plan Annual Performance for the period ending 31st March, 2009 as part of the Council's Performance Management Framework and Best Value Policy.

The Committee approved the alignment and linkage of all of the Department's Service Plan objectives to the Single Outcome Agreement for Dundee and the performance and progress made on the objectives, projects and initiatives for the period ending 31st March, 2009. It also approved the evaluation of progress on the Department's Performance Measures and Indicators from its Service Plan.

III ECONOMIC DEVELOPMENT DEPARTMENT SERVICE PLAN 2007/2011 - REVIEW AND UPDATE

There was submitted Report No 221-2009 by the Director of Economic Development providing information on delivery of the Department's Service Plan and seeking approval for the updates in the report.

The Committee approved the updates to the Service Plan as described in the main report and the appendices thereto.

IV CHRISTMAS LIGHTS 2009

There was submitted Report No 225-2009 by the Director of Economic Development seeking approval for the proposals and contracts for Christmas Lighting 2009.

The Committee agreed to:-

(a) approve the provision detailed in Appendix I to the report;

(b) accept the negotiated offer from Dundee Contract Services in the sum of 171,867, to which required to be added allowances of 14,822, giving a total of 186,689;

(c) the inclusion of an allowance of 6,600 for the extension of the display at Broughty Ferry within the added allowances of 14,882; and

(d) acceptance of the negotiated offer submitted by Scotia Animations Ltd, Aberdeen in respect of the City Square display in the sum of 30,101, to which required to be added allowances of 210, giving a total of 30,311.

V MID-CRAIGIE SCHOOL - SITE PLANNING BRIEF

There was submitted Report No 115-2009 by the Director of Planning and Transportation advising the Committee of the findings of the public consultation on the Draft Site Planning Brief for the site of the former Mid-Craigie Primary School, Pitairlie Road and seeking approval of the Finalised Brief.

The Committee agreed to:-

(a) note the findings from the public consultation;

(b) approve the Mid-Craigie Primary School Site Planning Brief as supplementary planning guidance to the Dundee Local Plan Review 2005 to direct the future development within the Mid-Craigie Primary School area; and

(c) refer the final site planning brief to the Development Quality Committee as a relevant material planning consideration.

VI LAWSIDE ACADEMY - SITE PLANNING BRIEF

Councillor Dick declared a non-financial interest in this item by virtue of living in close proximity to the site.

There was submitted Report No 119-2009 by the Director of Planning and Transportation advising the Committee of the findings of the public consultation on the draft Lawside Academy Site Planning Brief and seeking approval of the Finalised Brief.

The Committee agreed to:-

(a) note the findings from the public consultation;

(b) approve the Lawside Academy Site Planning Brief as supplementary planning guidance to the Dundee Local Plan Review 2005 to direct the future development of the former Lawside Academy site; and

(c) refer the approved Site Planning Brief to the Development Quality Committee as a relevant material planning consideration.

VII CYCLING, WALKING AND SAFER STREETS (CWSS) PROJECTS COMMENCING 2009/2010

There was submitted Report No 161-2009 by the Director of Planning and Transportation seeking approval for a programme of works for the year 2009/2010 funded from additional grant capital ring fenced by the Scottish Government for Cycling, Walking and Safer Streets (CWSS) projects.

The Committee approved the proposed programme of works for the year 2009/2010, as detailed in the report.

VIII DUNDEE AREA WAITING RESTRICTIONS VARIATION

There was submitted Report No 167-2009 by the Director of Planning and Transportation considering all the requests 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 Regulation Orders for Dundee, as detailed in the report.

IX GRANTING OF SECTION 18 LICENCE UNDER THE COAST PROTECTION ACT 1949 TO CATCHMENT TAY LTD OR EMERGENCY SEWER REPAIRWORKS ON FORESHORE AT DOUGLAS TERRACE

There was submitted Agenda Note AN85-2009 advising that the Dundee City Council (Dundee Seashore - Prohibition of Excavation and Removal of Materials) Order 1999 required a licence to be granted by Dundee City Council, as Coast Protection Authority, under Section 18 of the Coast Protection Act 1949 for excavation or removal of any materials on, under or forming part of any portion of the seashore.

It was reported that Catchment Tay Ltd had notified the City Engineer that they required to undertake emergency repair works to the existing sewer on the foreshore at Douglas Terrace. The repair works involved excavation of an area of the foreshore. Given the emergency nature of the works, the City Engineer had granted a licence and the repair works were completed between 14th and 31st March, 2009.

The Committee noted the foregoing.

X NEW ROADS

There was submitted Agenda Note AN86-2009 detailing the undernoted applications for road construction consent:-

The Committee approved the applications subject to conditions agreed with the applicants and 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.

XI CONFIRMATION OF TREE PRESERVATION ORDERS

There was submitted Agenda Note AN87-2009 relative to the undernoted Tree Preservation Orders:-

(a) 15/2008 - Former Fleming Gymnasium, 55-61 Small's Wynd, Dundee

It was reported that on 10th December, 2008, the Council had made a provisional Tree Preservation Order on the above mentioned site, in order to protect and preserve the arboreal amenity of the surrounding area.

No objections had been received for this Tree Preservation Order.

(b) 14/2008 - Land at Ravenscraig Gardens, Broughty Ferry, Dundee

It was reported 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 also sought to preserve the arboreal amenity of the area.

This Tree Preservation Order had a map boundary modification. The property at No 2 had been included in error and the Forestry Officer had at present not completed a tree survey at this site. The Council reserves the right to place a Tree Preservation Order on this site in the future. The owners of the site have been notified.

No objections had been received to this Tree Preservation Order.

(c) 02/2009 - Ground at Ardroy, 53 Camphill Road, Broughty Ferry, Dundee

It was reported that on 16th January, 2009, 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 also sought to preserve the arboreal amenity of the area.

No objections had been received to this Tree Preservation Order.

(d) 01/2009 - Land at Treetops, 5 Castleroy Road, Broughty Ferry, Dundee

It was reported that on 16th January, 2009, 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 also sought to preserve the arboreal amenity of the area.

No objections had been received to this Tree Preservation Order.

(e) 16/2008 - Land at Darkfalls, 1 Castleroy Road, Broughty Ferry, Dundee

It was reported that on 15th 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 also sought to preserve the arboreal amenity of the area.

There was one objection to the provisional Tree Preservation Order. This was from the agent of the owner of the site. He requested that trees T4 - Deodar Cedar and T6 - Lawson Cypress be removed from the Order as they were of poor condition and have a limited useful life. The Council's Forestry Officer had reconsidered his decision to include these trees in the Tree Preservation Order and recommends that they be deleted.

The agent had also requested that the Order should adopt the tree numbers as indicated in a tree report he had completed in 2007. It is Council practice to number the protected trees from number one onwards. It is also for ease of understanding for the general public. Therefore, it is proposed that the trees will remain numbered as one, two, etc.

This Tree Preservation Order has been presented with modifications.

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

XII LOCAL DEVELOPMENT PLAN: DEVELOPMENT PLAN SCHEME

There was submitted Agenda Note AN92-2009 making reference to Article II of the minute of meeting of the Planning and Transport Committee of 9th March, 2009, wherein the Committee approved the proposed Development Plan Scheme. This contained details outlining the intended timetable for preparing a Local Development Plan. It has since become apparent that there was an error in the original timetable. A revised timetable has therefore been produced and will be circulated via libraries and the Council's internet website.

The Committee noted the revised timetable as undernoted:-

XIII BROOMHILL ROAD AND KINNOULL ROAD - REVOCATION OF PROHIBITION OF DRIVING

There was submitted Report No 165-2009 by the Director of Planning and Transportation considering the necessity to revoke the Dundee City Council (Broomhill Road and Kinnoull Road, Dundee) (Prohibition of Driving) Order 2006.

The Committee approved the preparation of a Traffic Regulation Order to revoke the prohibition of driving on Broomhill Road and Kinnoull Road on completion of the development of the new office blocks adjacent to these streets, as detailed in the report.

XIV DUNDEE CITY COUNCIL (SANDEMAN STREET, DUNDEE) (MAJOR EVENTS RELATED TRAFFIC CONTROL) ORDER 2009

There was submitted Agenda Note AN88-2009 making reference to Article XV of the minute of meeting of the Planning and Transport Committee of 8th September, 2008, wherein the Committee authorised the preparation of an Order to facilitate crowd control and relieve congestion on occasions of major events at Dens Park and Tannadice Park.

The proposed Order was 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.

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

There was submitted Agenda Note AN118-2009 making reference to Article XIV of the minute of meeting of the Planning and Transport Committee of 8th September, 2008, wherein the Committee authorised the preparation of an Order to allow easier enforcement against abuse at the rising bollard in Tom McDonald Avenue which is designed to only permit buses to pass through. Some other vehicles are managing to circumvent the system.

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.

XVI DUNDEE CITY COUNCIL (KINNOULL ROAD, DUNDEE) (STOPPING-UP) ORDER 2009

There was submitted Agenda Note AN109-2009 making reference to Article VI of the minute of meeting of the Planning and Transport Committee held on 12th January, 2009, wherein the Committee authorised the preparation of an Order to stop-up lengths of roads and footpaths situated at Kinnoull Road, Dundee to facilitate the development of new office blocks which have received planning consent.

The Order was duly prepared and advertised in the Evening Telegraph and Post and The Edinburgh Gazette, and the relevant statutory undertakers were consulted. No objections were received.

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

XVII DUNDEE CITY COUNCIL (CENTRAL WATERFRONT - SOUTH MARKETGAIT/GELLATLY STREET/TRADES LANE JUNCTIONS - ASSOCIATED TRAFFICREGULATIONS) ORDER 2009

There was submitted Agenda Note AN119-2009 making reference to Article X of the minute of meeting of the Planning and Transport Committee of 8th December, 2008, wherein the Committee authorised the preparation of the above Order. As part of the Central Waterfront Development, South Marketgait is to be realigned and a major access/egress for City Quay at the junctions of South Marketgait with Trades Lane and Gellatly Street is to be created. This requires those junctions to be rearranged. Improved pedestrian crossing facilities at the South Marketgait/Trades Lane junction are to be provided. The consequence of this is that traffic movements in the area have to be altered.

The proposed Order was duly drafted and during the statutory consultation period, no adverse comments were received. It has been recommended that an exemption for heavy goods vehicles servicing premises in the streets and for removals should be included in this Order.

The Committee therefore agreed to authorise formal publication of the Order subject to this amendment.

XVIII PRIORITY PASSENGER WAITING SHELTER INSTALLATION 2008/2009 - KINGSWAY RETAIL PARK - LICENCE TO OCCUPY/WAYLEAVE AGREEMENT

There was submitted Agenda Note AN89-2009 reporting for the information of the Committee that in view of the limited timescales available, it was remitted to the Depute Chief Executive (Support Services), following approval by the Director of Planning and Transportation after consultation with the Convener and Spokespersons of the other Groups, to enter into a licence to occupy/wayleave agreement with Land Securities in relation to the installation of a new bus shelter at the Kingsway Retail Park, Dundee.

The Committee noted accordingly.

XIX TENDERS RECEIVED BY CITY ENGINEER - CENTRAL WATERFRONT DEVELOPMENT - STORMWATER TANK

There was submitted Report No 232-2009 enclosed by the City Engineer detailing a tender received in respect of the above.

The Committee approved the acceptance of an offer from AMCO Ltd in the sum of 3,263,477.19, to which required to be added allowances of 1,121,000, giving a total of 4,384,477.19.

XX TENDERS RECEIVED - SMARTER CHOICES, SMARTER PLACES - DUNDEE HEALTH CENTRAL -PERSONALISED TRAVEL PLANNING

There was submitted Report No 164-2009 by the Director of Planning and Transportation detailing tenders received in respect of the above project.

The Committee agreed to accept the offer recommended by the Director of Planning and Transportation from JMP Consultants Ltd in the sum of 400,000, including allowances.

XXI TENDERS RECEIVED BY CITY ENGINEER

There was submitted Report No 231-2009 by the City Engineer detailing tenders received in respect of the demolition of Lawside Academy.

The Committee agreed to accept the lowest offer from Dundee Plant Co Ltd in the sum of 167,500, to which required to be added allowances amounting to 97,000, giving a total of 264,500.

XXII TENDERS RECEIVED BY CITY ARCHITECTURAL SERVICES OFFICER

There was submitted Report No 235-2009 by the City Architectural Services Officer in respect of Shop Front Replacement works at 83 Fintry Road.

The Committee agreed to accept the lowest offer from Vertex, Arbroath in the sum of 17,893.40, to which required to be added an allowance for professional services in the sum of 2,867, giving a total of 20,760.40.

The Committee noted that Vertex had listed the undernoted sub-contractors:-

Gomer Electrical Ltd, Dundee

Ian Smith Builders, Arbroath

Milton & Bell Painter & Decorators, Arbroath

St Serf Plumbing & Heating Engineers, Milnathort

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 paragraph 6 of Part I of Schedule 7A of the Act.

XXIII COMMERCIAL LEASES

There was submitted and approved Report No 219-2009 by the Director of Economic Development detailing commercial leases in respect of the undernoted premises:-

54 South Tay Street

28 St Giles Terrace

Camperdown Park Golf Club, Camperdown Park

18/19 Mid Wynd

4.535 acres at Old Craigie Road

XXIV RENT REVIEWS

There was submitted and approved Report No 224-2009 by the Director of Economic Development detailing a rent review in respect of premises at 11 Peddie Street.

XXV MOSCOW STATE CIRCUS, CAIRD PARK

There was submitted Agenda Note AN93-2009 relative to an application received for permission for the Moscow State Circus to operate a circus in Caird Park between 3rd and 9th August, 2009.

The Committee approved the lease of this site for these dates on the terms and conditions detailed.

XXVI ACQUISITION OF SERVITUDE RIGHTS, TAY ROAD BRIDGE, DUNDEE WATERFRONT

There was submitted Agenda Note AN94-2009 advising that as part of the Waterfront Development, new roads were to be constructed by the Council, parts of which would require to be constructed on land owned by The Tay Road Bridge Joint Board. Therefore, the Council requires to obtain permanent rights of access over this land by obtaining Deeds of Servitude from the Board.

The Committee approved the acquisition of the servitude rights at a valuation reported by the District Valuer, and subject to payment of the Board's legal expenses by the Council.

XXVII GROUND AT 197 LAWSIDE ROAD

There was submitted Agenda Note AN95-2009 advising that a further two year lease in respect of the above had been provisionally agreed on the terms and conditions detailed in the note.

The Committee approved accordingly.

XXVIII CAIRD HALL CATERING FRANCHISE

There was submitted Agenda Note AN108-2009 seeking authority for the extension of the existing lease to the current tenants until 31st December, 2009, on the terms and conditions detailed in the note.

The Committee authorised the extension of the lease, having noted that the franchise would be subsequently advertised on the open market.

Will DAWSON, Convener.