City Development Committee - 25/06/2012

At a MEETING of the CITY DEVELOPMENT COMMITTEE held at Dundee on 25th June, 2012.

Present:-

BAILIES

COUNCILLORS

Councillor Will DAWSON, Convener, in the Chair.

The minute of meeting of this Committee of 11th June, 2012 was held as read.

Unless marked thus * all items stand delegated.

I FLOOD RISK MANAGEMENT (SCOTLAND) ACT 2009 - STRATEGIC PARTNERSHIP FOR AN INTEGRATED CATCHMENT STUDY

There was submitted Report No 201-2012 by the Director of City Development advising the Committee of progress toward the production of a Flood Risk Management Plan for the Tay Estuary and Montrose Basin Local Plan District to be delivered in fulfilment of the requirements of the Flood Risk Management (Scotland) Act 2009.

The Committee agreed to:-

(a) note the progress towards the production of a Flood Risk Management Plan; and

(b) authorise the Head of Democratic and Legal Services, in consultation with the Director of City Development and the Director of Corporate Services, to agree the terms of and enter into an agreement on behalf of Dundee City Council to participate in a Strategic Partnership for the Integrated Catchment Study.

II CONTINUING MODERNISATION OF THE PLANNING PROCESS

There was submitted Report No 181-2012 by the Director of City Development advising the Committee of the Scottish Government's latest consultation in the continuing modernisation for Planning in Scotland process.

The Committee agreed:-

(a) the Council's suggested responses to the questions asked in the consultation document, as detailed in the Appendix to the report; and

(b) to forward these comments to the Scottish Government as Dundee City Council's response.

III VACANT AND DERELICT LAND FUND PROGRAMME 2012/2013

There was submitted Report No 150-2012 by the Director of City Development advising the Committee that the Scottish Government had confirmed an allocation of 1,168,369.97 to Dundee City Council under the Vacant and Derelict Land Fund (VDLF) for the period 2012/2013.

The Committee agreed to:-

(a) note that Scottish Government has allocated a further 1,168,369.97 under the Vacant and Derelict Land Fund over the period 2012/2013 for projects in Dundee; and

(b) approve the draft Vacant and Derelict Land Fund programme set out in Appendix 1 to the report as a bid for this fund.

IV DUNDEE PORT ACCESS IMPROVEMENTS - LEGAL AGREEMENT WITH FORTH PORTS

There was submitted Agenda Note AN95-2012, making reference to Article XV of the City Development Committee of 22nd June, 2011, wherein tender acceptance for the above works was approved. In order to complete the construction of the new improved access road from Dundee Port to the Stannergate Bridge, Forth Ports required Dundee City Council to enter into a legal agreement with them for the construction of a temporary access road for construction traffic and emergency vehicles through the Port.

It was reported that, given the limited timescales available, after consultation with the Convener and Group Spokespersons, authority was given for terms and conditions to be agreed with Forth Ports by the Head of Democratic and Legal Services in consultation with the City Engineer and Director of Corporate Services and to sign the Agreement on behalf of the Council.

The Committee noted accordingly and further noted that Dundee City Council were required to meet the reasonable legal costs associated with these Agreements.

V TREE PRESERVATION ORDERS

There was submitted Agenda Note AN96-2012 advising the Committee of the undernoted Tree Preservation Orders:-

(a) 05/2012 - BRACKENBRAE, ALBERT ROAD, BROUGHTY FERRY, DUNDEE

It was reported that on 2nd March, 2012, the Council made a Tree Preservation Order on the above mentioned site in order to protect the arboreal amenity of the area and no objections had been received.

(b) 06/2012 - ELMGROVE HOUSE, 315 SOUTH ROAD

It was reported that on 5th March, 2012, the Council made a Tree Preservation Order on the above mentioned site in order to protect the arboreal amenity of the area and no objections had been received.

(c) 07/2012 - 42 STRATHERN ROAD, BROUGHTY FERRY, DUNDEE

It was reported that on 21st March, 2012, the Council made a Tree Preservation Order on the above mentioned site in order to protect the arboreal amenity of the area and no objections had been received.

(d) 04/2012 - 363 PERTH ROAD, DUNDEE

It was reported that on 28th February, 2012, the Council made a Tree Preservation Order on the above mentioned site, within West End Suburbs Conservation Area, in order to protect the arboreal amenity of the area.

The Council had refused a tree work application to fell a tree located within a conservation area. Therefore under the Town and Country Planning Act, the Council were duty bound to serve a Tree Preservation Order.

No objections had been received.

The Committee authorised the Head of Democratic and Legal Services and the Director of City Development to undertake the necessary procedures and confirm the Tree Preservation Orders as detailed at (a) to (d) above.

VI A92 ARBROATH ROAD SAFETY REPORT

There was submitted Report No 159-2012 by the Director of City Development making reference to Article IV of the minute of meeting of this Committee of 23rd January, 2012, wherein the Committee instructed officers to undertake a review of road safety on the A92 between Claypotts junction and Grange Road at the Dundee City Council/Angus Council boundary.

The Committee agreed to:-

(a) note that officers had undertaken a road safety review of the A92 between Claypotts junction and Grange Road at the Dundee City Council/Angus Council boundary; and

(b) note the outcomes of the report which determined that the A92 road between Claypotts junction and Grange Road at the Dundee City Council/Angus Council boundary was operating in a safe manner and that the existing pedestrian facilities were appropriate.

VII CHANGES TO RESIDENTS PARKING QUALIFICATION REQUIREMENTS

There was submitted Report No 142-2012 by the Director of City Development relative to a proposal to change the control of Residents' Parking Permits.

The Committee approved the preparation of a Traffic Regulation Variation Order to vary the documentation residents were required to produce as proof of residency and vehicle ownership, and to vary the Dundee City Council (Central Area, Dundee) (Controlled Parking Zone) Order 2010, the Dundee City Council (Menzieshill Area, Dundee) (Controlled Parking Zone - Residents Parking Scheme) Order 2003 and the Dundee City Council (Off-Street Car Parks) Order 1996.

VIII LOTHIAN CRESCENT AREA (VARIATION TO WAITING RESTRICTIONS) ORDER 2012

There was submitted Report No 255-2012 by the Director of City Development relative to a request for alterations to waiting restrictions in the Lothian Crescent Area of Dundee due to the recent opening of Ballumbie Primary School.

The Committee approved the preparation of:-

(a) a Traffic Regulation Variation Order to affect the changes to the waiting restrictions in the Dundee City Council (North-Eastern Area, Dundee) (Waiting and Loading Restrictions) Order 2012; and

(b) a Variation Order to affect the changes to the waiting restrictions in the Dundee City Council (School Keep Clear Areas) Order 2007.

IX VARIATION TO OFF-STREET CAR PARKS ORDER 2012

There was submitted Report No 180-2012 by the Director of City Development relative to a proposal to promote the necessary Traffic Regulation Order to vary the payment method within Gellatly Street Car Park whilst also adding Olympia Car Park to the existing Order.

The Committee approved:-

(a) the preparation of the necessary Traffic Regulation Order to vary the payment method within Gellatly Street Car Park from "Pay and Display" to "Payment on Foot" with the Dundee City Council (Off-Street Car Parks) Order 1996; and

(b) the addition of Olympia Multi-storey Car Park to the existing Dundee City Council (Off‑Street Car Parks) Order 1996.

X COUPAR ANGUS ROAD (UNDERPASS) DUNDEE - STOPPING-UP

There was submitted Report No 145-2012 by the Director of City Development relative to a proposal to stop-up various lengths of footpaths in and around the westmost Coupar Angus Road underpass in Lochee utilising the powers of the Roads (Scotland) Act 1984.

The Committee approved the preparation of a Stopping-Up Order under the powers of the Roads (Scotland) Act 1984 to stop-up lengths of footpaths in the Lochee area of Dundee which would no longer be necessary following the planned regeneration of the Highgate Shopping Centre area, having noted that the area to be stopped up on the plan only included the subway under Coupar Angus Road and excluded the main carriageway of Coupar Angus Road.

XI TRAFFIC ORDERS

There was submitted Agenda Note AN97-2012 advising the Committee of the undernoted proposed Traffic Orders:-

(a) DUNDEE CITY COUNCIL (MILL O'MAINS AREA, DUNDEE) (PHASE II) (STOPPING‑UP) ORDER 2012

Reference was made to Article VI of the minute of meeting of this Committee of 27th February, 2012, wherein the Committee authorised the preparation of an Order to stop-up lengths of roads, footpaths and footways situated in the Mill O'Mains area, Dundee to facilitate the construction of a new housing development.

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 had been 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.

(b) DUNDEE CITY COUNCIL (DISABLED PERSONS PARKING PLACES) (OFF‑STREET) ORDER 2011

Reference was made to Article II of the minute of meeting of this Committee of 28th September, 2009, wherein the Committee authorised the preparation of an Order to promote proper use of parking spaces that were designed and provided for use only by disabled persons vehicles.

The proposed Order was duly drafted and, during the statutory consultation period, no adverse comments were received.

The Order was duly advertised and there were no objections.

The Committee therefore agreed to make the Order as advertised.

(c) DUNDEE CITY COUNCIL (UNION STREET, DUNDEE) VARIATION TO WAITING RESTRICTIONS) ORDER 2012

Reference was made to Article XI of the minute of meeting of this Committee of 26th March, 2012, wherein the Committee authorised the preparation of an Order to allow additional parking on Union Street due to environmental improvements.

The proposed Order was duly drafted and during the statutory consultation period no adverse comments were received.

The Order was duly advertised and there were no objections.

The Committee therefore agreed to make the Order as advertised.

(d) DUNDEE CITY COUNCIL (RIVERSIDE DRIVE LAY-BY EXTENSION, DUNDEE) (VARIATION OF TRAFFIC REGULATIONS) ORDER 2012

Reference was made to Article X of the minute of meeting of this Committee of 26th March, 2012, wherein the Committee authorised the preparation of an Order to allow for servicing of Dundee Railway Station following the closure of South Union Street and to incorporate the proposed extension of the lay-by.

The proposed Order was duly drafted and during the statutory consultation period no objections were received.

The Committee therefore authorised publication of the Order as drafted.

(e) DUNDEE CITY COUNCIL (WHITFIELD AREA, DUNDEE) (20 MPH ZONE) ORDER 2012

Reference was made to Article IX of the minute of meeting of this Committee of 26th March, 2012 wherein the Committee authorised the preparation of an Order to promote safety in and around the Lothian Crescent area of Whitfield, Dundee due to new facilities and a new primary school (Ballumbie Primary School) which were due to begin opening toward the end of Summer 2012.

The proposed order was duly drafted and during the statutory consultation period no objections were received.

The Committee therefore authorised publication of the Order as drafted.

XII NEW ROADS - ROAD CONSTRUCTION CONSENTS

There was submitted Agenda Note AN98-2012 making reference to Article IV of the minute of meeting of the Policy and Resources Committee of 27th April, 2009 which delegated the grant of road construction consent to the Director of City Development with the proviso that any consents granted be reported to the City Development Committee as soon as practicable thereafter.

It was reported that the undernoted applications had been submitted and the Director of City Development had approved the applications subject to conditions which have been agreed with the applicants:

The Committee noted accordingly.

XIII BUSINESS GATEWAY RE-CONTRACTING

There was submitted Report No 228-2012 by the Director of City Development detailing tenders received in respect of the above.

The Committee agreed to accept the offer from ENET, in the total sum of 3,392,500.

The Committee further noted the proposed phasing of the contract as detailed in the report.

XIV TENDERS RECEIVED BY CITY ARCHITECT

There was submitted Report No 231-2012 by the City Architect detailing tenders received in respect of the undernoted projects:-

(a) ST MARY'S PRIMARY SCHOOL - UPGRADING WORKS, PHASE 1

The Committee agreed to accept the contract negotiated with the Environment Department in the sum of 108,828, to which required to be added allowances amounting to 16,324, giving a total expenditure of 125,152.

(b) ST MARY'S PRIMARY SCHOOL - EXTENSION TO NURSERY PROVISION

The Committee agreed to accept the contract negotiated with the Environment Department in the sum of 40,378, to which required to be added allowances amounting to 6,056.70, giving a total expenditure of 46,434.70.

(c) ANCRUM ROAD PRIMARY SCHOOL - UPGRADING WORKS, PHASE 1

The Committee agreed to accept the contract negotiated with the Environment Department in the sum of 43,374, to which required to be added allowances amounting to 6,506.10, giving a total expenditure of 49,880.10.

(d) LONGHAUGH PRIMARY SCHOOL - UPGRADING WORKS, PHASE 1

The Committee agreed to accept the contract negotiated with the Environment Department in the sum of 53,817, to which required to be added allowances amounting to 8,072.55, giving a total expenditure of 61,889.55.

(e) CLEPINGTON PRIMARY SCHOOL - UPGRADING WORKS, PHASE 1

The Committee agreed to accept the contract negotiated with the Environment Department in the sum of 57,785.60, to which required to be added allowances amounting to 8,667.84, giving a total expenditure of 66,453.44.

(f) GLEBELANDS PRIMARY SCHOOL - UPGRADING WORKS, PHASE 1

The Committee agreed to accept the contract negotiated with the Environment Department in the sum of 42,741, to which required to be added allowances amounting to 6,411.15, giving a total expenditure of 49,152.15.

(g) GLEBELANDS PRIMARY SCHOOL - ROOF WORKS, PHASE 1

The Committee agreed to accept the contract negotiated with the Environment Department in the sum of 50,000, to which required to be added allowances amounting to 7,500, giving a total expenditure of 57,500.

(h) UNIT E, STRATHMARTINE ROAD - REFURBISHMENT OF EXTERNAL ELEMENTS

The Committee agreed to accept the contract negotiated with the Environment Department in the sum of 24,163.94, to which required to be added allowances amounting to 3,624, giving a total expenditure of 27,787.94.

(i) MACKINNON CENTRE REFURBISHMENT WORKS

The Committee agreed to accept the contract negotiated with the Environment Department in the sum of 1,820,647.64, to which required to be added allowances amounting to 242,610, giving a total expenditure of 2,063,257.64.

(j) RANKINE STREET - HEATING REPLACEMENT

The Committee agreed to accept the contract negotiated with the Environment Department in the sum of 97,053.62, to which required to be added allowances amounting to 15,058.04, giving a total expenditure of 112,111.66.

(k) OAKLAND CENTRE - ROOFWORKS

The Committee agreed to accept the contract negotiated with the Environment Department in the sum of 85,900, to which required to be added allowances amounting to 12,885, giving a total expenditure of 98,785.

(l) ROCKWELL PRIMARY SCHOOL - WINDOW REFURBISHMENT

The Committee agreed to accept the contract negotiated with the Environment Department in the sum of 65,000, to which required to be added allowances amounting to 9,750, giving a total expenditure of 74,750.

(m) BLACKNESS PRIMARY SCHOOL - FORMATION OF CLEANER'S CUPBOARDS

The Committee agreed to accept the contract negotiated with the Environment Department in the sum of 25,233, to which required to be added allowances amounting to 3,784.95, giving a total expenditure of 29,017.95.

(n) DCA - WATERPROOFING WORKS

The Committee agreed to accept the contract negotiated with the Environment Department in the sum of 33,868, to which required to be added allowances amounting to 5,080.20, giving a total expenditure of 38,948.20.

(o) DUNDEE ICE ARENA - PA SYSTEM UPGRADING WORKS

Councillors Alexander, Ross, McCready and Bailie Scott declared a non-financial interest in this item by virtue of being the Council's representatives on the Board of Leisure and Culture Dundee.

The Committee agreed to accept the contract negotiated with the Environment Department in the sum of 11,427, to which required to be added allowances amounting to 1,714.05, giving a total expenditure of 13,141.05.

(p) LAW NURSERY - UPGRADE OF SERVERY

The Committee agreed to accept the contract negotiated with the Environment Department in the sum of 12,588, to which required to be added allowances amounting to 1,888.20, giving a total expenditure of 14,476.20.

(q) VARIOUS SCHOOLS - ELECTRONIC PERIODIC REPAIRS

The Committee agreed to accept the contract negotiated with the Environment Department in the sum of 85,000, to which required to be added allowances amounting to 12,750, giving a total expenditure of 97,750.

XV TENDERS RECEIVED BY CITY ENGINEER

There was submitted Report No 196-2012 by the City Engineer detailing tenders received in respect of the undernoted projects:-

(a) CLEPINGTON PRIMARY SCHOOL - DEMOLITION OF OUTBUILDINGS AND EXTERNAL IMPROVEMENTS

The Committee agreed to accept the lowest offer, from Dundee Plant Co Ltd, in the sum of 39,673, to which required to be added allowances amounting to 17,500, giving a total expenditure of 57,173.

(b) ROCKWELL HIGH SCHOOL - DISPLACED WALL

The Committee agreed to accept the lowest offer, from Land and Building Services, in the sum of 21,046, to which required to be added allowances amounting to 7,600, giving a total expenditure of 28,646.

(c) HIGHGATE, LOCHEE - DEMOLITION

The Committee agreed to accept the lowest offer, from Safedem Ltd, in the sum of 176,671, to which required to be added allowances amounting to 19,329, giving a total expenditure of 278,000.

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 items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 6 and 9 of Part I of Schedule 7A of the Act.

XVI COMMERCIAL LEASES

The Committee noted and approved commercial leases agreed in respect of the undernoted properties:-

Dick McTaggart Centre, Old Glamis Road, Dundee

18 Mains Loan, Dundee

Unit 15, Marybank Lane, Dundee

75 Meadowside, Dundee

14 Beauly Avenue, Dundee

214 Blackness Road, Dundee

82-84 Ballindean Road, Dundee

Room 6, 2nd Floor, 61 Reform Street, Dundee

Unit 5, Alexander Street, Dundee

Unit 3, Alexander Street, Dundee

Crow's Nest Kiosk and Leisure Facilities, Camperdown Park, Dundee

Unit 7, Miln Street, Dundee

2-6 Beauly Avenue, Dundee

Camperdown Golf Club, Camperdown Park, Dundee

Site, Wolseley Street, Dundee

XVII RENT REVIEWS

The Committee noted and approved rent reviews in respect of the undernoted properties:-

70 Ballindean Road, Dundee

2-4 Brownhill Road, Dundee

XVIII UNIT J, CHARLES BOWMAN AVENUE, CLAVERHOUSE, DUNDEE

There was submitted Agenda Note AN99-2012 advising that, after consultation with the Convener, Labour Group Spokesperson, Bailies Borthwick and Scott and Councillor Macpherson, approval was granted to lease Unit J, Charles Bowman Avenue, Claverhouse, Dundee, to SafeHouse Habitats (Scotland) Limited on terms and conditions detailed in the note.

Subsequent to this approval, SafeHouse Habitats (Scotland) Limited had requested an option to purchase the premises, and provisional agreement was reached with SafeHouse Habitats (Scotland) Limited to incorporate a tenant's option to purchase the subjects at the end of year two of the lease on terms and conditions detailed in the note.

The Committee approved accordingly.

XIX UNIT 6 MILN STREET, DUNDEE

There was submitted Agenda Note AN100-2012, advising the Committee that, after consultation with the Convener, Labour Group Spokesperson, Bailies Borthwick and Scott, and Councillor Macpherson, agreement had been reached to grant a rent abatement following water ingress to the above‑mentioned premises.

XX CARNIVALS AT RIVERSIDE PARK AND CAIRD PARK

There was submitted Agenda Note AN101-2012 advising that, after consultation with the Convener, the Labour Group Spokesperson, Bailies Borthwick and Scott, and Councillor Macpherson, consent to operate carnivals at the above sites was granted on the terms and conditions detailed in the note.

Will DAWSON, Convener.