Dundee City Council - 14/09/2015

At a MEETING of the DUNDEE CITY COUNCIL held at Dundee on 14th September, 2015.

Present:-

Lord Provost Bob DUNCAN

Depute Lord Provost Christina ROBERTS

BAILIES

Willie SAWERS

Helen WRIGHT

Derek J SCOTT

COUNCILLORS

Ken GUILD	Ken LYNN	Laurie BIDWELL
Jimmy BLACK	Vari McDONALD	Lesley BRENNAN
David BOWES	Craig MELVILLE	Georgia CRUICKSHANK
Bill CAMPBELL	Gregor MURRAY	Tom FERGUSON
Kevin CORDELL	Alan G ROSS	Brian GORDON
Will DAWSON	Kevin KEENAN	Richard McCREADY
Stewart HUNTER	Mohammed ASIF	Norma McGOVERN

Lord Provost Bob DUNCAN, Convener, in the Chair.

I DECLARATION OF INTEREST

No declarations of interest were made.

II MINUTES

The undernoted minutes were submitted and noted:-

Minute of Local Review Body dated 19th May, 2015.

Minute of Licensing Committee dated 21st July, 2015.

Minute of Development Management Committee dated 17th August, 2015.

Minute of Licensing Board dated 20th August, 2015.

Minute of City Council dated 24th August, 2015.

Minute of Environment Committee dated 24th August, 2015.

Minute of Housing Committee dated 24th August, 2015.

Minute of City Development Committee dated 24th August, 2015.

Minute of Social Work and Health Committee dated 24th August, 2015.

Minute of Policy and Resources Committee dated 24th August, 2015.

III DUNDEE CITY COUNCIL (28 ROSEANGLE, DUNDEE) COMPULSORY PURCHASE ORDER 2015

On a reference to Article VI of the minute of meeting of the City Development Committee of 22nd June, 2015, the Council agreed to make and enact the above Order, a copy of which is appended hereto.

Lord Provost Bob DUNCAN, Convener.

DUNDEE CITY COUNCIL

PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) (SCOTLAND) ACT 1997

AND

THE ACQUISITION OF LAND (AUTHORISATION PROCEDURE) (SCOTLAND) ACT 1947

DUNDEE CITY COUNCIL (28 ROSEANGLE, DUNDEE)

COMPULSORY PURCHASE ORDER 2015

DUNDEE CITY COUNCIL (hereinafter referred to as "the acquiring authority") in exercise of the powers conferred by Section 42 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 hereby make the following compulsory purchase order:-

This Order may be cited as the Dundee City Council (28 Roseangle, Dundee) Compulsory Purchase Order 2015.

Subject to the provisions of this Order, the acquiring authority being satisfied that it is expedient to make provision for the preservation of the listed building hereinafter described are hereby authorised to purchase compulsorily the listed building which is described in the Schedule hereto and is delineated and coloured red on the map signed with reference to this Order and marked "Map referred to in the Dundee City Council (28 Roseangle, Dundee) Compulsory Purchase Order 2015".

In relation to the foregoing purchase section 70 of the Railways Clauses Consolidation (Scotland) Act 1845 and sections 71 to 78 of that Act as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923 are hereby incorporated with the enactment under which the said purchase is authorised, subject to the modifications that references in the said sections to the company shall be construed as references to the acquiring authority and references to the railway or works shall be construed as references to the land authorised to be purchased and any buildings or works constructed or to be constructed thereon.

Executed at Dundee on the Fourteenth day of September Two Thousand and Fifteen.

William Dawson

Witness

Roger Mennie

Roger William Hunter Mennie

Head of Democratic and Legal Services

Dundee City Council

Authorised Officer

SCHEDULE/

This is the Schedule referred to in the Dundee City Council (28 Roseangle, Dundee) Compulsory Purchase Order 2015.

SCHEDULE

Number on Map

Description of Land

Owners or

Reputed Owners

Lessees and Occupiers (other than tenants for a month or less period than a month)

ALL and WHOLE that piece of ground with the self contained dwellinghouse erected thereon, formerly known as 28 Magdalen Yard Road, Dundee and now known as 28 Roseangle, Dundee described in Disposition by Lawton Investments Limited to John Buchanan Cape recorded General Register of Sasines (Angus) 14th May, 1990 and shown coloured red on the said Map.

John Buchanan Cape

Vacant

PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) (SCOTLAND) ACT 1997

DUNDEE CITY COUNCIL (28 ROSEANGLE, DUNDEE) COMPULSORY PURCHASE ORDER) (MINIMUM COMPENSATION) DIRECTION 2015

WHEREAS by Section 42 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (hereinafter referred to as the Act) it is provided that the Scottish Ministers, if it appears to them that reasonable steps are not being taken for properly preserving a listed building, may authorise the Planning Authority for the area in which the building is situated to acquire compulsorily the building and any relevant land;

AND WHEREAS by Section 45 of the Act a Planning Authority may in certain circumstances make a Direction for minimum compensation in relation to the building they propose to acquire compulsorily under Section 42;

AND WHEREAS Dundee City Council as Planning Authority for the City of Dundee propose to acquire compulsorily by way of Section 42 of the Act, the listed building known as and forming 28 Roseangle in the City of Dundee and County of Angus (hereinafter referred to as the Building);

AND WHEREAS Dundee City Council are satisfied that the Building has been deliberately allowed to fall into disrepair for the purpose of justifying its demolition and the development or redevelopment of the site upon which the Building is situated;

NOW THEREFORE, Dundee City Council as Planning Authority in exercise of the powers conferred on them by Section 45 of the Act HEREBY DIRECT that in relation to the proposed compulsory acquisition of the building in terms of the Dundee City Council (28 Roseangle, Dundee) Compulsory Purchase Order 2015, for the purpose of assessing compensation it is to be assumed, notwithstanding anything to the contrary in the Land Compensation (Scotland) Act 1963, the Town and Country Planning (Scotland) Act 1997 or the Act:-

(1) that planning permission would not be granted for any development or redevelopment of the site of the Building and

(2) that listed building consent would not be granted for any works for the demolition, alteration or extension of the Building other than development or works necessary for restoring it to, and maintaining it in, a proper state of repair

AND DO HEREBY MAKE a Direction for minimum compensation.

The Interpretation Act 1978 applies to the interpretation of this Direction as it applies to the interpretation of an Act of Parliament.

This Direction may be cited as the Dundee City Council (28 Roseangle, Dundee) Compulsory Purchase Order) (Minimum Compensation) Direction 2015.

Dated at Dundee this 14th day of September, 2015.