City Development Committee - 29/10/2012

At a MEETING of the CITY DEVELOPMENT COMMITTEE held at Dundee on 29th October, 2012.

Present:-

BAILIES

COUNCILLORS

Councillor Will DAWSON, Convener, in the Chair.

The minute of meeting of this Committee of 24th September, 2012 was held as read.

Unless marked thus * all items stand delegated.

Prior to commencement of the business the Convener paid tribute, on behalf of the Committee, to Scott Mill, an employee of the City Development Department of the Council, who had died that day in a tragic road accident.

I DECLARATION OF INTEREST

In relation to Article IX, the Convener declared a non-financial interest by virtue of his employment with Scottish and Southern Energy.

In relation to Article XIV, Councillor Gordon declared a non-financial interest by virtue of being a member of the Area Committee for Home Scotland in Dundee.

In relation to Article XIV, Councillor Bidwell declared a non-financial interest by virtue of being a member of the Area Committee of Home Scotland in Dundee.

In relation to Article XV, Councillor Asif declared a non-financial interest by virtue of his involvement with the consultation process.

II TRAFFIC ORDERS

There was submitted Agenda Note AN168-2012 advising of the undernoted Traffic Orders:-

(a) 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 instructed and 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 consultation period, no objections were received. The Order was duly advertised and there were no objections.

The Committee therefore agreed to make the Order as advertised.

(b) 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 instructed and authorised the preparation of an Order to promote road 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 towards the end of Summer 2012.

The proposed Order was duly drafted and, during the statutory consultation period, no objections 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 (CHANGES TO RESIDENTS' PARKING QUALIFICATION REQUIREMENTS, DUNDEE) ORDER 2012

Reference was made to Article VII of the minute of meeting of this Committee of 25th June, 2012, wherein the Committee instructed and authorised the preparation of an Order to reduce the risk of error, potential fraud and misappropriation encountered by the previous system.

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.

III TENDERS RECEIVED BY CITY ARCHITECT

There was submitted Report No 369-2012 by the City Architect detailing the undernoted tenders:-

(a) THE CORNER - ALTERATIONS TO ENTRANCE DOORS

The Committee agreed to accept an offer from Environment Department (Construction Services) in the sum of 14,170.15, to which required to be added allowances amounting to 2,125.52, giving a total of 16,295.67

(b) WELLGATE LIBRARY - UPGRADE GENTS TOILET

The Committee agreed to accept an offer from Environment Department (Construction Services) in the sum of 33,410.47, to which required to be added allowances amounting to 5,011.57, giving a total of 38,422.04.

(c) GILLBURN ROAD CRU AND FAIRBAIRN STREET YPU - INTERNAL ALTERATIONS

The Committee agreed to accept an offer from Environment Department (Construction Services) in the sum of 19,987.50, to which required to be added allowances amounting to 2,998.13, giving a total of 22,985.63.

IV PROPOSED LOCAL DEVELOPMENT PLAN AND REVISED ENVIRONMENTAL REPORT

There was submitted Report No 370-2012 by the Director of City Development seeking approval of the Proposed Dundee Local Development Plan and Environmental Report for a period of representations.

The Committee:-

(i) approved the Proposed Dundee Local Development Plan and agreed to its publication for a six week period for representations;

(ii) approved the contents of the Environmental Report and agreed to its publication for a six week period for representations;

(iii) approved the Proposed Action Programme prepared in support of the Proposed Dundee Local Development Plan;

(iv) approved the Draft Habitats Regulations Appraisal Record prepared in support of the Proposed Dundee Local Development Plan;

(v) approved and noted the contents of the Development Sites Assessment Document, the Transport Background Paper and the Main Issues Report Consultation Responses prepared in support of the Proposed Dundee Local Development Plan;

(vi) remitted the Director of City Development to report the outcome of the representations period back to Committee; and

(vii) referred the Proposed Dundee Local Development Plan to the Development Management Committee as a relevant material planning consideration.

The Committee further agreed that point five of Policy 12 (Development of Garden Ground for New Housing) be amended to read that sufficient off-street car parking is maintained/provided for the existing house in accordance with its size.

V CENTRAL WATERFRONT - DOCK STREET AREA - VARIATION OF TRAFFIC REGULATIONS

There was submitted Report No 387-2012 by the Director of City Development considering a requirement to promote the various Traffic Regulation Orders to facilitate a phase of the Dundee Central Waterfront Development in the Dock Street Area.

The Committee approved the preparation of the necessary Traffic Regulation Order to effect the changes:-

(i) of the waiting restrictions on Whitehall Crescent, Union Street and Dock Street which will vary the Dundee City Council (Central Area, Dundee) (Controlled Parking Zone) Order 2012;

(ii) to the traffic regulations on Whitehall Crescent which will vary the Dundee City Council (Taxi Rank Clearways) Order 2007; and

(iii) to the traffic regulations on Union Street, Dock Street and the Dock Street access road from Northern Boulevard which will vary the Tayside Region (Dundee) (One-Way Traffic) (Consolidation) Order 1987.

VI SEAFIELD ROAD, BROUGHTY FERRY ONE-WAY ORDER 2012

It was reported that a request had been received for a deputation to address the Committee objecting to the above proposal.

After the deputation had stated their case questions were asked and responded to. Thereafter, they were thanked for their attendance and withdrew.

There was then submitted Report No 391-2012 by the Director of City Development updating the Committee on the outcome of the consultation/publication of the proposed Seafield Road, Broughty Ferry One-Way Order.

The Convener, seconded by Councillor Guild, moved that the report be approved.

As an amendment, Bailie Scott, seconded by Councillor Macpherson, moved that the report be deferred.

On a division, there voted for the motion, the Lord Provost, Depute Lord Provost, the Convener, Bailie Sawers and Councillors Guild, Alexander, Black, Bowes, Campbell, Cordell, Hunter, Lynn, McDonald, Melville, Murray, Ross, Keenan, Asif, Bidwell, Brennan, Cruickshank, Ferguson, Gordon, McCready and McGovern (25); and for the amendment - Bailies Borthwick and Scott and Councillor Macpherson (3) - whereupon the motion was declared carried.

Thereafter, the Committee approved the implementation of a Traffic Regulation Order to introduce a one‑way traffic restriction in a section of Seafield Road, Broughty Ferry.

VII VARIATION TO OFF-STREET CAR PARKS (LOCHEE) ORDER 2012

There was submitted Report No 377-2012 by the Director of City Development considering a requirement to promote the necessary Traffic Regulation Order to add two proposed Lochee car parks (Highgate Centre Redevelopment) to the existing Order.

The Committee approved:-

(i) the preparation of the necessary Traffic Regulation Order to add two proposed Lochee car parks (Highgate Centre Redevelopment) into the Dundee City Council (Off-Street Car Parks) Order 1996; and

(ii) the addition of the two indicative Lochee car parks to the existing Dundee City Council (Off-Street Car Parks) Order 1996.

VIII BROUGHTY FERRY ROAD/LILYBANK ROAD/CONSTABLE STREET AREA, DUNDEE - VARIOUS ORDERS

There was submitted Report No 360-2012 by the Director of City Development relative to the above.

The Committee approved:-

(i) the preparation of the Stopping-Up Order to stop-up lengths of footpath, footway and grass verge in Constable Street to accommodate a new development following planning consent;

(ii) the preparation of the Conversion Order which will convert areas of existing carriageway into footpath; and

(iii) the preparation of a Traffic Regulation Variation Order to effect the changes to the waiting restrictions in the Dundee City Council (North-Eastern Area, Dundee) (Waiting and Loading Restrictions) Order 2012.

IX STATUTORY UNDERTAKERS REINSTATEMENT PERFORMANCE IN DUNDEE - 2011/2012

There was submitted Report No 342-2012 by the Director of City Development providing a summary of the performance of Statutory Undertakers operating in Dundee during 2011/2012 and on the status of the Transport (Scotland) Act 2005, Part 2 - Road Works.

The Committee:-

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

(ii) approved the continuation of the annual local coring programme and participation in the biannual national coring programme; and

(iii) noted the status of the Transport (Scotland) Act 2005, Part 2 - Road Works, different parts of which came into force on 1st April, 2008 and 1st October, 2008.

X PROPOSED NEW STREET NAME

There was submitted Agenda Note AN169-2012 proposing the undernoted new street name.

The Committee approved accordingly.

XI TAX RELIEF - VIDEO GAMES

There was submitted Agenda Note AN174-2012 informing the Committee that in the March, 2012 Budget, the Chancellor of the Exchequer announced that the Government would introduce corporation tax relief for the animation, high-end television and video games industries from April, 2013. The Department of Culture, Media and Sport issued a consultation asking for responses by 29th October, 2012. The Committee noted that the Director of City Development was consulting with local interests and preparing a response to the consultation to be submitted by the deadline. This would set out views on the proposed test to identify culturally British video games/TV content that might be considered eligible for the new tax relief.

The Committee noted the circulated response.

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.

XII COMMERCIAL LEASES

There was submitted Report No 374-2012 by the Director of City Development detailing commercial leases in respect of the undernoted premises:-

Unit 12B Miln Street

Units 7, 8 and 9 Peddie Street

Ground including three slipways, Grassy Beach, Broughty Ferry, Dundee

117 Gray Street, Broughty Ferry

XIII PROPOSED SALE OF GROUND IN CENTRAL LOCHEE TO FARMFOODS LTD AND JOINT ARRANGEMENT FOR DEVELOPMENT OF ADDITIONALRETAIL UNIT FOR DUNDEE CITY COUNCIL

There was submitted Report No 372-2012 relative to the above.

The Committee agreed the recommendations in the report.

XIV MILL O MAINS REGENERATION PHASE 2

There was submitted Report No 395-2012 by the Chief Executive seeking approval for the sale of land to Home Scotland for delivery of Phase 2 of the Masterplan for the re-generation of Mill O'Mains.

The Committee agreed to the disposal of land on the terms noted in the report.

XV DISPOSAL OF LAND FOR MUSLIM CEMETERY

There was submitted Report No 392-2012 by the Director of Environment seeking approval for the disposal of land located to the north of the Eastern Cemetery to the Muslim Community for the purpose of creating a Muslim Cemetery.

The Committee agreed to the disposal of land on the terms noted in the report.

XVI CIRCUS AT CAIRD PARK, DUNDEE

There was submitted Agenda Note AN171-2012 advising that after consultation with the Convener, Labour Group spokesperson, Bailie Borthwick, Bailie Scott and Councillor Macpherson; consent to operate a circus at the above site was granted on the conditions detailed in the note.

XVII 25C LEWIS TERRACE, DUNDEE

There was submitted Agenda Note AN172-2012 making reference to Article I of the Housing Committee of 12th December, 2011, wherein members agreed that a number of residential properties could be demolished. The Director of City Development was therein remitted to enter into repurchasing negotiations with the respective owners of the properties.

It was reported that after advice from the District Valuer, agreement was reached to purchase the heritable interest of 25C Lewis Terrace, Dundee on the terms and conditions detailed in the note.

The Committee noted that this had been approved as an urgent matter after consultation with the Convener, Labour Group spokesperson, Bailie Borthwick, Bailie Scott and Councillor Macpherson.

XVIII 10C LISMORE TERRACE, DUNDEE

There was submitted Agenda Note AN173-2012 making reference to Article I of the Housing Committee of 12th December, 2011, wherein members agreed that a number of residential properties could be demolished. The Director of City Development was therein remitted to enter into repurchasing negotiations with the respective owners of the properties.

It was reported that after advice from the District Valuer, agreement was reached to purchase the heritable interest of 10C Lismore Terrace, Dundee on the terms and conditions detailed in the note.

The Committee noted that this had been approved as an urgent matter after consultation with the Convener, Labour Group spokesperson, Bailie Borthwick, Bailie Scott and Councillor Macpherson.

Will DAWSON, Convener.