City Development Committee - 20/12/2004

At a MEETING of the PLANNING AND TRANSPORTATION COMMITTEE held at Dundee on 20th December 2004.

Present:-

Lord Provost John R LETFORD

BAILIES

COUNCILLORS

Councillor Fiona M GRANT, Convener, in the Chair.

The minute of meeting of this Committee of 15th November 2004 was held as read.

Unless marked thus * all items stand delegated.

I SCOTLAND'S TRANSPORT FUTURE - PROPOSALS FOR STATUTORY REGIONAL TRANSPORT PARTNERSHIPS(RTPs)

There was submitted Report No 790-2004 by Director of Planning and Transportation advising the Committee of the proposals from the Scottish Executive on the introduction of Statutory Regional Transport Partnerships (RTP's).

The Committee agreed to:-

(a)endorse the draft response to the consultation paper as set out in Appendix 1 to the report;

(b)remit the Director of Planning & Transportation to submit the response detailed to the Scottish Executive on behalf of Dundee City Council;

(c)authorise relevant officers and members of the Council to meet with officers and members from the proposed Central and Tayside Partnership constituent councils to determine their views.

II MELFORT PLACE FOOTPATH - STOPPING-UP

There was submitted Report No 415-2004 by Director of Planning and Transportation considering the necessity to stop-up a length of the Melfort Place footpath.

The Committee agreed to approve the preparation of a Stopping-up Order utilising the powers of the Town and Country Planning (Scotland) Act 1997 to stop-up a length of Melfort Place footpath in order to facilitate a new housing development.

III REQUEST FOR PERMISSION FOR SERVICE OF TREE REPLACEMENT NOTICE

There was submitted Report No 797-2004 by Director of Planning and Transportation advising the Committee that the Council's Forestry Officer considered that there were 38 mature trees either dead or dying on land to the north and east of the Western Cemetery, Dundee. This woodland site lies within the West End Suburbs Conservation Area and therefore the landowner has a duty to protect the trees contained therein.

The Committee agreed that the Director of Planning and Transportation be remitted, in consultation with the Depute Chief Executive (Support Services), to serve a Tree Replacement Notice under the terms of Section 168 of the Town and Country Planning (Scotland) Act 1997 on the owner of the land to the north and east of Western Cemetery, Dundee. Replanting would be required on a 1:1 basis to be completed by 30 April 2005. Failure to comply with the terms of the Notice would lead to the Council undertaking Direct Action as outlined in the report.

It was further agreed that the Depute Chief Executive (Support Services) be remitted to investigate the potential for the wilful destruction of these trees to be reported to the Procurator Fiscal to prosecute the person responsible.

IV STREET LIGHTING - "GREEN" ENERGY SUPPLY

There was submitted Agenda Note AN467-2004 whereby reference was made to Article III of this Committee of 27th August 2001, when it was agreed that Dundee City Council would become a member of a purchasing consortium made up of seven other North of Scotland Councils.

It was reported that as part of this contract, Scottish Power were legally obliged to supply a percentage of this electricity to the Councils via renewable energy resources such as wind, landfill gas, small-scale hydro etc. This requirement was included in the contract to assist with UK Government targets to reduce CO2 emissions by 20% by the year 2010 as part of the 1997 Kyoto Summit agreement.

Throughout the period of the contract, discussions had been ongoing to increase the Consortium's proportion of "green" energy. Starting initially with a base value of 5% in 2002, this had steadily been increased through negotiation to a point where, as of 1st October 2004 the Council's energy requirements for street lighting would now be supplied 100% from "Green" renewable energy.

Although there is a 0.43p/KWh premium to be paid for "Green" energy there would be no overall cost increase to the Council. This would be due to the fact that renewable "green" energy is exempt from the Climate Charge Levy tax of 0.43p/KWh and this would no longer require to be paid.

Street lighting in the City consumes 7,800 MWhrs of energy annually. The Council's policy to change to green energy would result in an annual reduction of 2,180 fewer tonnes of CO2 emissions being released into the atmosphere.

This 100% conversion of green energy demonstrates the Council's continuing commitment to looking at ways of minimising the impact of its services on the environment and assist where possible to help reduce greenhouse gases and counter the ongoing threat of global warming.

The Committee noted accordingly.

V NEW ROADS

The Convener declared a financial interest in this item by virtue of her employment by the University of Abertay and vacated the chair, which was taken by Councillor Keenan during consideration of the item.

Thereafter, there was submitted Agenda Note AN468-2004 detailing the undernoted applications for road construction consent.

The Committee agreed that the applications be approved subject to conditions which had been 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 19984.

VI BNSF HILLTOWN ROAD AND FOOTWAY REPAIRS 2004/05 - 2005/06 PROGRAMME

There was submitted Agenda Note AN470-2004, making reference to Article XVII of the minute of meeting of this Committee of 1st December 2003, which approved a Partnering Agreement with Tayside Contracts for footpath repairs in the Hilltown and Kirkton areas of Dundee. It was reported that since then, on the instruction of the Better Neighbourhood Services Fund Team, proposals had been prepared for carrying out additional road and footway repairs in the Hilltown area.

In order to ensure that these works progress within the current financial year, it was agreed that the City Engineer be instructed to extend this successful Partnering Agreement to undertake these improvements up to a maximum value of 130,000. The continued use of recycling techniques would provide both a financial and environmental benefit to the City.

It was noted that expenditure could be met from the extension to the Better Neighbourhood services fund 2004/2005 allocation to Dundee City Council from the Scottish Executive.

VII ARDLER MULTI SPORT AREA AND YOUTH SHELTER

There was submitted Agenda Note AN471-2004 whereby reference was made to Article II of the minute of meeting of this Committee of 8th March 2004 where the tender for a 11 a-side pitch was accepted.

The Committee agreed that a further two amenity elements be added to this contract to cover the provision of a multi-sport area and a youth shelter. The contractor, T&N Gilmartin, Cupar had quoted a figure of 37,955, plus a contingency fee of 1,898 and professional fees of 2,277, and the Committee agreed that this offer be accepted, and approved the overall expenditure of 42,130.

VIII SITE PLANNING BRIEF - ANN STREET/NELSON STREET

There was submitted Agenda Note AN472-2004 whereby reference was made to Article VII of the minute of meeting of this Committee of 27th September 2004 Whereby approval was given to the Director of Planning and Transportation to proceed with external consultations on the draft brief and to report back to Committee on completion of the consultation exercise.

It was reported that a copy of the Draft Site Planning Brief was sent on 30th September to the owners of adjacent and neighbouring properties, three Hilltown residents associations, relevant Dundee City Council departments and the Tayside Police Architectural Liaison Officer, with comments to be returned on or before 1st November 2004, and that two letters have been received; one letter of support from the Better Neighbourhood Services Fund Manager and one letter from Tayside Police Architectural Liaison Officer who in response to the requirement of the Brief for the redevelopment to attain Secured by Design status stated "I am delighted to see the Council taking the stance of promoting the ethos of quality in such developments and the referral of potential developers to this office for advice."

The Committee noted the comments and thereafter approved the Ann Street/Nelson Street Site Planning Brief which upon approval, would become supplementary planning guidance to the Dundee Local Plan. It was further agreed that the final site planning brief be referred to the Development Quality Committee as a relevant material consideration in determining any planning application for the site.

IX CONFIRMATION OF TREE PRESERVATION ORDER

09/2004 5 Lethnot Gardens, Barnhill, Dundee

There was submitted Agenda Note AN473-2004 advising that on 27th August 2004 the Council had made a provisional Tree Preservation Order on the above mentioned site, and that no objections had been received by the Council to this Tree Preservation Order.

The Committee therefore agreed to confirm this Order.

X DUNDEE CITY COUNCIL (CLOAN ROAD, DUNDEE) (TRAFFIC MANAGEMENT ALTERATIONS) ORDER 2005

There was submitted Agenda Note AN474-2004 whereby reference was made to Article XI of the minute of meeting of this Committee of 26th April 2004 instructing and authorising the preparation of an Order to improve road safety and residential traffic circulation at Cloan Road, between Frederick Street and Strathmartine Road.

It was reported that the proposed Order was duly drafted and during the statutory consultation period comments were received from St Margaret's Primary School.

The Committee noted the comments and agreed to authorise publication of the Order as drafted.

XI DUNDEE CITY COUNCIL (TURNBERRY AVENUE BUS FACILITY, DUNDEE) (PROHIBITION OF DRIVING)ORDER 2005

There was submitted Agenda Note AN475-2004 whereby reference was made to Article IV of the minute of meeting of this Committee of 30th August 2004 instructing and authorising the preparation of an Order to improve safety by removing unnecessary traffic from the bus lane, thus protecting bus and pedestrian movements.

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

The Committee therefore agreed to authorise formal publication of the Order as drafted.

XII DUNDEE CITY COUNCIL (SEAGATE/GELLATLY STREET/COMMERCIAL STREET AREA, DUNDEE)(VARIATION OF TRAFFIC REGULATIONS) ORDER 2004

There was submitted Agenda Note AN476-2004 whereby reference was made to Article X of the minute of meeting of this Committee of 27th January 2003 instructing and authorising the preparation of an Order to introduce more flexible loading arrangements at Seagate/Gellatly Street to ease servicing of adjacent properties, and to adjust the loading facility in Commercial Street near Exchange Street to protect an access.

It was reported that the proposed Order was duly drafted and during the statutory consultation period objections were received from Strathtay Scottish Omnibuses and Travel Dundee, who both maintained their objections. The Planning and Transportation Committee held on 26th April 2004 authorised publication of the Order as drafted, despite the objections (reference Article X).

The Order was subsequently duly advertised and there were no further objections.

The Committee agreed to make the Order as advertised.

XIII TENDERS RECEIVED BY CITY ENGINEER

There was submitted Report No 681-2004 by City Engineer detailing tenders received and requesting a decision on acceptance thereof.

(a) DURA STREET REALIGNMENT

The Committee agreed to accept the lowest offer from Land and Building Services in the sum of 190,901.62, together with allowances amounting to 78,098.38, giving a total expenditure of 270,000.

(b) WEST NETHERGATE ENVIRONMENTAL IMPROVEMENTS

The Committee agreed to accept the lowest offer from Land and Building Services in the sum of 171,553.31, together with allowances amounting to 293,446.69 giving a total expenditure of 465,000.

(c) BROUGHTY FERRY JUNCTION

The Committee agreed to accept a negotiated offer with Tayside Contracts with an agreed maximum price of 38,000, together with allowances amounting to 20,000, giving a total expenditure of 58,000.

(d) BNSF KIRKTON & FOOTWAY REPAIRS 2004/05 - 2005/06 PROGRAMME

The Committee agreed to accept the lowest offer from Ennstone Thistle Ltd in the sum of 68,688.05, together with allowances amounting to 11,311.95, giving a total expenditure of 80,000.

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the public be excluded from the meeting for the undernoted items of business on the grounds that they involve d the likely disclosure of exempt information as defined in paragraph 1 of Part I of Schedule 7(A) of the Act.

XIV SITE AT 50 CRESCENT LANE, DUNDEE

There was submitted Agenda Note AN477-2004 advising the Committee that a derelict site at 50 Crescent Lane, Dundee was available for sale.

The Committee agreed to the purchase of the site on the terms and conditions detailed..

XV 19 VICTORIA STREET, DUNDEE - PURCHASE OF REMAINING FLAT

There was submitted Agenda Note AN478-2004 whereby reference was made to Article XXI of the minute of meeting of this Committee of 28th January 2002 and to the emergency approval given by the Director of Planning and Transportation in consultation with the Convener of the Planning and Transportation Committee and Spokespersons from the other Groups for the purchase of the remaining flat at 19 Victoria Street on the terms and conditions detailed in the note.

It was reported that further negotiations had taken place and in view of the urgency of this transaction, approval had been given by the Director of Planning and Transportation in consultation with the Convener of the Planning and Transportation Committee and Spokespersons from the other Groups, to purchase the flat on a revised basis as detailed in the note.

The Committee noted accordingly.

FIONA GRANT, Convener