City Development Committee - 06/12/2010

At a MEETING of the CITY DEVELOPMENT COMMITTEE held at Dundee on 6th December, 2010.

Present:-

BAILIES

COUNCILLORS

Councillor Will DAWSON, Convener, in the Chair.

The minute of meeting of this Committee of 22nd November, 2010 was held as read.

Unless marked thus * all items stand delegated.

I LOCAL DEVELOPMENT PLAN INITIAL CONSULTATION AND ENGAGEMENT WITH KEY AGENCIES

There was submitted Report No 659-2010 by the Director of City Development providing the Committee with an overview of the response to the initial consultation exercise relating to the production of a new Local Development Plan for Dundee.

The Committee noted the overview of responses to the initial consultation exercise.

II ROUTE UTILISATION STRATEGY FOR SCOTLAND GENERATION TWO - DRAFT FOR CONSULTATION

There was submitted Report No 703-2010 by the Director of City Development outlining the purpose, content and proposals contained within the Network Rail consultation document "Route Utilisation Strategy for Scotland Generation Two - Draft for Consultation" and Dundee City Council's response thereto.

The Committee noted the purpose, content and proposals contained within the consultation and endorsed Dundee City Council's response as contained in Appendix B to the report.

III FORMER EASTERN PRIMARY SCHOOL - DRAFT PLANNING BRIEF

There was submitted Report No 649-2010 by the Director of City Development seeking approval of a Draft Site Planning Brief for public consultation in order to promote and guide the reuse of the former Eastern Primary School building and site in Broughty Ferry.

The Committee agreed to:-

(a) approve the Draft Site Planning Brief subject to the replacement of paragraphs 5.1 to 5.6 with;

"5.1 Housing is the prevailing use in the popular surrounding area and is considered an appropriate re-use of this site; and

"5.2 Proposals for a comprehensive development of the entire site are required and no planning application will be accepted which does not fully address the listed building and its ancillary accommodation;" and

(b) remit the Director of City Development to consult with the local communities and interested parties on the Draft Site Planning Brief and report back on the results of the consultation within three months.

IV REVIEW OF CAR PARKING CHARGES

There was submitted Report No 715-2010 by the Director of City Development proposing an increase in parking charges from January 2011.

The Convener, seconded by Councillor Guild, moved approval of an increased schedule of tariff levels for car parking charges as specified in Appendices 1 and 2 to the report, and that the necessary statutory procedures be carried out.

As an amendment, Bailie Scott, seconded by Bailie Wallace, moved that the Committee approved only the parking charges specified in Appendix 1 to the report, for off-street parking.

On a division, there voted for the motion - the Convener, Bailie Sawers, Councillors Guild, Barrie, Black, Bowes, Andy Dawson, Duncan, Fordyce, Hunter, Lynn, Melville, Roberts and Ross (14); and for the amendment - Lord Provost Letford, Depute Lord Provost Borthwick, Bailies Regan, Wright, Wallace, Scott, Councillors Keenan, Asif, Bidwell, Ferguson, Gordon, McCready, Hay and Macpherson (14) - whereupon the Chairman gave his casting vote for the motion, which was then declared carried.

V LAND SOUTH OF INVERMARK TERRACE, BROUGHTY FERRY, DUNDEE

There was submitted Agenda Note AN153-2010 advising that on 27th August, 2010, the Council had made a provisional Tree Preservation Order on the above mentioned site in order to protect the arboreal amenity of the area, and no objections had been received.

The Committee therefore authorised the Depute Chief Executive (Support Services) and the Director of City Development to undertake the necessary procedures to confirm the above Tree Preservation Order.

VI NEW ROADS - FAILURE TO COMPLY WITH CONDITIONS OF ROAD CONSTRUCTION CONSENT - NEW ROAD AT SOUTH VICTORIA DOCK ROAD,CITY QUAY PHASE 4, DUNDEE (CC07/15) AND THORTER NEUK - CITY QUAY PHASE 5A,

There was submitted Agenda Note AN154-2010 advising the Committee that FM City Quay Dundee Ltd had been granted road construction consent for the above sites on 13th August, 2007. A condition attached to these consents gave the developer three years to complete the road to the required standard; however, FM City Quay Dundee Ltd had gone into administration and was unable to complete the works.

Zolfo Cooper had been appointed as administrators on behalf of FM City Quay Dundee Ltd and a letter was sent to them on 10th September, 2010 requesting an indication of when the works would be completed, but no response had been received.

In terms of Section 21(5) of the Roads (Scotland) Act 1984, where a condition of a road construction consent has been contravened or not complied with, the local authority may, by notice served on the person holding the consent, require him to bring the new road into conformity with the construction consent within such reasonable period as they shall specify.

The Committee gave approval to serve notice on FM City Quay Dundee Ltd that if the works specified within the notice to bring the roads in compliance with the road construction consent were not carried out within the time specified in the notice, this being 30 days from the date of the notice, Dundee City Council would, in accordance with Regulation 13 of The Security for Private Road Works (Scotland) Regulations 1985, construct the roads in accordance with the construction consents and thereafter, call up the bonds and apply the proceeds thereof to the cost of the works.

Approval was also given for the instance where the developer failed to comply with the above notice to instruct the works required on the roads to be carried out and call up the road bonds to apply the proceeds thereof to the cost of the works.

VII TRAFFIC ORDERS ETC

(a) DUNDEE CITY COUNCIL (VARIATION OF WAITING RESTRICTIONS) (NO 2) ORDER 2011

Reference was made to Article X of the minute of meeting of this Committee of 23rd August, 2010, wherein the Committee authorised the preparation of an Order introducing further measures to vary the provisions of numerous existing Waiting Restrictions Orders affecting Dundee.

It was reported that the proposed Order was duly drafted and, during the statutory consultation period, no objections were received.

The Committee therefore authorised publication of the Order.

(b) DUNDEE CITY COUNCIL (SOUTH TAY STREET ENVIRONMENTAL IMPROVEMENTS) (VARIATION OF WAITING RESTRICTIONS) ORDER 2011

Reference was made to Article XI of the minute of meeting of this Committee of 23rd August, 2010, wherein the Committee authorised the preparation of an Order to vary waiting restrictions in South Tay Street as part of environmental improvements in the area.

It was reported that the proposed Order was duly drafted and, during the statutory consultation period, no objections were received.

The Committee therefore authorised publication of the Order.

(c) DUNDEE CITY COUNCIL (VARIATION OF WAITING RESTRICTIONS) ORDER 2011

Reference was made to Article II of the minute of meeting of this Committee of 8th February, 2010, wherein the Committee authorised the preparation of an Order introducing further measures to vary the provision of numerous existing Waiting Restrictions Orders affecting Dundee.

It was reported that the proposed Order was duly drafted and, during the statutory consultation period, one objection was received from the Broughty Ferry Traders' Association which was later withdrawn.

The Order was thereafter advertised and 21 objections received, none of which had been withdrawn. In response to the objections concerning Cross Street, Broughty Ferry, the Director of City Development had recommended that the double yellow lines northwards from Brook Street on the east side of Cross Street be reduced to 10 metres to allow for one additional car parking space.

The Committee agreed to make the Order despite the objections and subject to the above amendment.

(d) DUNDEE CITY COUNCIL (HIGH STREET, LOCHEE - PHASE 2) (VARIATION OF TRAFFIC REGULATIONS) ORDER 2010

Reference was made to Article IX of the minute of meeting of this Committee of 23rd August, 2010, wherein the Committee authorised the preparation of an Order to facilitate environmental improvements within High Street and Marshall Street.

It was reported that the proposed Order was duly drafted and, during the statutory consultation period, no objections were received.

The Committee therefore authorised publication the Order, as drafted.

VIII TENDERS RECEIVED BY CITY ENGINEER

There was submitted Report No 641-2010 by the City Engineer giving details of an offer received from Tayside Contracts as part of a partnership project, in respect of environmental improvements at the Hilltown Gateway.

The Committee authorised acceptance of the offer, in the sum of 50,043.58, to which required to be added allowances amounting to 7,956.42, giving a total expenditure of 58,000.

IX TENDERS RECEIVED BY THE CITY ARCHITECTURAL SERVICES OFFICER

There was submitted Report No 713-2010 by the City Architectural Services Officer detailing offers received in respect of the undernoted projects:-

(a) VARIOUS DUNDEE CITY COUNCIL PROPERTIES - SERVICE AND MAINTENANCE OF MEDICAL BATHS AND LIFTING EQUIPMENT 2010/2015

The Committee agreed to accept a negotiated offer from ARJO Med AB Ltd, Gloucester in the sum of 99,190, to which required to be added allowances amounting to 9,919, giving a total expenditure of 109,109.

(b) VARIOUS DUNDEE CITY COUNCIL PROPERTIES - SERVICE AND MAINTENANCE OF FAN CONVECTOR HEATERS AND AIR CURTAINS

The Committee agreed to accept the lowest offer from GK Scotia, Glenrothes in the sum of 24,300, to which required to be added allowances amounting to 2,430, giving a total expenditure of 26,730.

(c) VARIOUS DUNDEE CITY COUNCIL PROPERTIES - SERVICE AND MAINTENANCE OF KITCHEN EQUIPMENT

The Committee agreed to accept the lowest offer from Catering Supplies and Repairs Co Ltd, Larbert, in the sum of 137,770.35, to which required to be added allowances amounting to 13,777, giving a total expenditure of 151,547.35.

(d) VARIOUS DUNDEE CITY COUNCIL PROPERTIES - PERIODIC INSPECTION AND TESTING OF ELECTRICAL INSTALLATIONS (SPECIAL LOCATIONS)

The Committee agreed to accept a negotiated offer from Dundee Contract Services, in the sum of 32,125, to which required to be added allowances amounting to 3,213, giving a total expenditure of 35,338.

(e) VARIOUS DUNDEE CITY COUNCIL PROPERTIES - SERVICING AND MAINTENANCE OF EMERGENCY LIGHTING INSTALLATIONS (AREA 5) - PHASE 2

The Committee agreed to accept a negotiated offer from Dundee Contract Services in the sum of 45,458, to which required to be added allowances amounting to 4,546, giving a total expenditure of 50,004.50.

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 9 of Part I of Schedule 7A of the Act.

X PROPOSED SALE OF LAND AT 200 BALUNIE AVENUE, DUNDEE

There was submitted Report No 686-2010 by the Director of City Development seeking approval for the sale of land at the above address for the purpose of garden ground.

The Committee approved the sale on the terms and conditions detailed in the report.

XI PROPOSED LEASE OF LAND AT 42 KINGENNIE COURT, DUNDEE

There was submitted Report No 685-2010 by the Director of City Development seeking approval for the lease of land at the above address for the purpose of garden ground.

The Committee approved the lease on the terms and conditions detailed in the report.

XII PROPOSED SALE OF LAND AT 38 GARVOCK PLACE, DUNDEE

There was submitted Report No 684-2010 by the Director of City Development seeking approval for the sale of land at the above address for the purpose of garden ground.

The Committee approved the sale on the terms and conditions detailed in the report.

XIII PROPOSED SALE OF LAND AT 31 STRIPS OF CRAIGIE ROAD, DUNDEE

There was submitted Report No 682-2010 by the Director of City Development seeking approval for the sale of land at the above address for the purpose of garden ground.

The Committee approved the sale on the terms and conditions detailed in the report.

Will DAWSON, Convener.