Minutes for Merchiston Community Council meeting

Tuesday 26^th January,

7pm at Eric Liddell Centre, Holy Corner

 Draft

In attendance: 

Bridget Stevens                      Chair MCC

Mairianna Clyde                     Vice-chair MCC

Ann Royden                           MCC Secretary

Frances Hawarden                 MCC Treasurer

Jenny Mackenzie                    Minute taker

Robin Morris                          MCC Licensing

John Lennie                            MCC Planning

Helen Zealley                         MCC Health

William Mykura                     MCC Transport

Sgt Deborah Wicksted           Lothian and Borders Police

Paul Swann                            CEC South Neighbourhood

Bob Rendall                           MCC

Cllr Jim Lowrie                      CEC (SLD) Convenor for Planning

Cllr Mark McInnes                CEC (Cons)

Cllr Gordon Buchan               CEC (Cons)

Ian Doig                                 MCC

James Geekie                         MCC              

Kay Smith                              MCC

Ian Clement                            MCC

Eva Tombs                             MCC

Helena Scott                           MCC

Beccy Brooks                         MCC              

Rebecca Boyle                       Waste Prevention Changeworks Officer

Ed Bewsher                            MCC

Anne Craig                             MCC

Thomas Graham                     Edinburgh University Students’ Association (EUSA) 

Bob Bierley                            Resident

Alan Laidlaw                          Resident

Ian Bouchier                           Resident

Ann Curtis                              Resident

Edward Warwick                    Resident

Helen Brown                           Resident

Mike Royden                          Resident

A retrospective apology for absence was later received from Lucy Turnbull.

Chairman’s welcome

Chair welcomed Thomas Graham, President of the Edinburgh University Students’ Association (EUSA). 

Thomas introduced his presentation by noting that EUSA’s vision is for a “world leading student experience”.  There are 64,000 students in Edinburgh.  Thomas presented ‘Students In Your Community’, a summary of research conducted by EUSA that led to production of a booklet offering guidance to students living in the city.  The purpose of the research was to highlight problem issues in the community.  It was carried out in five areas with a high density of student population.  They include Marchmont and Sciennes, Morningside, Bruntsfield, Merchiston and Grange/Prestonfield.  Student respondents were predominantly first and second year students and biased towards females.  General conclusions which emerged are that most students are satisfied with their urban experience.  Also, it corroborated the view that getting people to know more people is an important way of dealing with problems in your community. Students felt the wider community were unaware of their charity work, and their main concern was crime at night when they were out and about.  Any noise issues were not ‘student’ related so much as individual anti-social issues. The booklet produced by EUSA would hope to address this. Non-students interviewed were not distinguished between owner-occupiers and other non-student HMO tenants in the sampling methodology. ‘Non-students’ did not identify students as the cause of all community problems.  Most students interviewed did not know about community councils.  Thomas noted that most students would not have previous experience of living in tenements.  This is an educational issue – the object is to improve the experience for everyone, students and non-students.  Green space where students can be social, both with students and non-students, was identified as very important to students.   The publication about the research is available at: http://www.eusa.ed.ac.uk/publications   The booklet is called "Your Community Guide" and EUSA  produced 5,000 of them which were posted directly to second year students.

Business Meeting

The Chair welcomed Rebecca Boyle, Waste Prevention Changeworks Officer, attending the meeting as an observer, with a view to giving a presentation to a future MCC meeting.

1.  Apologies for Absence

Cllr Alison Johnstone              CEC (Green Party)

Cllr Andrew Burns                 CEC (Lab)

Cllr Marilyne MacLaren          CEC (Lib Dem)

PC Julie Cochrane                   CBO Lothian & Borders Police

PC Alan Hopper                     CBO Lothian & Borders Police

2.      Minutes of last meeting (17^th November 2009) and Matters Arising.

Minutes approved:  Proposer Helen Zealley, seconded by James Geekie.

Matters Arising

Ian Clement proposed the following motion:  “I propose a vote of confidence in MCC office bearers, especially the Chair, Deputy Chair and Secretary in respect of the unfounded and untrue allegations of impropriety made against them by MCC member Lucy Turnbull.” Seconded by Robin Morris, the motion was carried nem con with one abstention.

Other Matters Arising: 

Item 6 of the previous minutes, Reports

1. Messy Front Gardens. MCC’s Kay Smith had spoken to this very well on MCC’s behalf at a recent EACC meeting on Enforcement.   CEC Cllr Gordon Buchan had raised a series of formal questions at CEC and is awaiting responses.
2.  Care Home to Budget Hotel / Hostel in Leamington Terrace. The application to turn a care home into a budget hotel has been refused approval by the Planning Committee. The application is still being considered by the Licensing Committee.  It is hoped that this will not be approved.  Ed Bewsher will represent MCC at the meeting of the Licensing/Regulatory Committee.  Two separate sets of legislation cover such applications, which must be considered, separately, by both Planning and Licensing.     MCC Chair had written, as agreed, to Conveners of both committees, pointing out the absurdity of this situation where the proposed new premises required both types of permission yet the refusal of one (Planning) did not invalidate continuation of an application for the other (Licensing).   The Convener of Planning had replied (outlining the different sets of legislation); no response had been received from the Convener of Licensing.
3. Update on Current Planning and Licensing Issues

Planning permission for Boroughmuir Post Office for its new location on       Bruntsfield Place has been secured.

• MCC member Ian Clement acknowledged ‘local gratitude’ that the cottage in Greenhill Gardens is not to be demolished. 
• MCC’s Robin Morris raised again the question of sometimes incomprehensible recommendations (“minded to approve”) from the Planning Department.  The Chair suggested that Head of Planning David Leslie could be invited to attend a future MCC meeting to answer questions on how his planners reached and justified their recommendations.   Meantime Cllr Lowrie will ask David Leslie to contact MCC Chair to explain his officials’ recommendation re Greenhill Terrace.
• Email correspondence:  The problem of inappropriate emailing had intensified since the last meeting.  A small group had met and drafted a document encapsulating the initial points for guidance, as requested at the November meeting.  Because of computer problems, now resolved, this had not yet been sent out, but would be shortly. 

3.  Slateford Road/Flower Colonies 

The Residents’ Association have been working with an architect [Duncan Whatmore, who had offered his services on a voluntary basis], local residents and urban designers [JUMP, a group experienced in producing alternative Master Plans] on a ‘contra-plan’ sympathetic to the needs of the area, complying with the Local Plan and still profitable for the developer, as an alternative to the AMA proposal,which was strongly opposed by local residents.   Cllr Lowrie noted that JUMP is a ‘useful organisation’ used in the past by CEC.  He committed to setting up a meeting with the CEC case officer, the Residents’ Association and himself.  Helen Brown of the Residents’ Association asked what the planners had said to the developers about required changes to their plans.  Cllr Lowrie said that most of the proposed changes are confidential.  However he noted that the principal objections had related to the height and scale of the buildings and also to the materials used.  Some things need to be more aesthetically pleasing.    He said that the application in its original form would not be granted.   It was noted that the current site had never belonged to the council, but had been owned by a development company and leased to the council for the last 20 years, before being sold on to AMA.  MCC Chair confirmed that this is one of the biggest, most controversial developments in the MCC area in recent years and members are in full support of the residents’ concerns. 

4. Progress towards establishment of a Communication and Engagement Sub group:  Remit, membership, responsibilities. 

The Chair noted that it had always been a challenge for community councils to reflect the views of the wider local community.  CCs are often asked to respond to consultations and it has always been difficult for any community council fully to ascertain the view of its local community.    Five members of MCC had been meeting for informal talks about the possible establishment of a sub-group of MCC to explore this issue and had come up with a possible objective as follows:    ‘to develop ways and means of enquiring how MCC can be more inclusive and representative of residents in the area’.  This was read out and unanimously approved by the meeting.   The meeting also unanimously agreed to the creation of a sub-group to work on this.    There was discussion of what such a group should consist of. Members felt that it should not be too big or too ambitious at this stage.   Five individuals had been taking part in initial discussions:  Ed Bewsher, Ian Doig, Alex Orr, Helena Scott and Lucy Turnbull.  The Chair thanked this informal group for its time and its deliberations.  The informal group had come to the end of its short life and MCC was now hoping to move things on.

The Chair proposed that there be three people in the proposed new sub-group, which might comprise a leader, a deputy and a researcher, who would work closely together.  The Chair then asked for nominations.  John Lennie proposed Ed Bewsher.  Mairianna Clyde proposed Helena Scott and Ian Doig proposed Mairianna Clyde. It was proposed that these three individuals form the group at the present time – each person’s exact role to be agreed by the sub-group.  This was agreed unanimously, with no abstentions.

The group will prepare a progress report for the February MCC meeting.  MCC wishes the group every success.   The next task would be to put in place some outline methods and processes, for agreement by MCC.    It was likely that application for a community grant would have to be made to CEC and, if appropriate, this would be done in the name of MCC.

Next motion: that the group be charged with the remit of bringing back its recommended methodology and proposals to the MCC AGM on 18^th May.  Then subsequent progress reports would be provided at every MCC meeting, under the item Reports, along with Planning, Licensing etc.  The sub-group to recommend a new name if it wished.  This motion agreed unanimously. 

5.  Reports

Comment on an item in the Chair’s November report.   

The manager of the Polwarth Tavern noted that the management team is doing its best to work with the council to meet their obligations to local residents

Chair’s Report (see attached).

Police Report (see attached). 

Sergeant Wicksted reported the Christmas figures.  An additional police officer was assigned due to the high retail and related crime in this area in the period 1^st-- 31^st December. There were 22 individuals arrested over the period and many stop searches conducted.  In the Morningside area there were 3 house-breakings, one pedal cycle theft, but no vehicle thefts.  

A member noted that an anonymous resident had emailed a complaint to MCC alleging that The Golden Rule pub in Yeaman Place appeared to be trading outwith its permitted licensing hours and causing disturbance to neighbours.   Sergeant Wickstead undertook to investigate this.  There are proposed changes to the Neighbourhood Action Unit.  .It was noted that no reports had been received from PC Julie Cochrane since October. Sgt Wicksted will investigate this also. 

EACC Report

Ian Doig reported that Kay Smith had made an effective presentation on Messy Front Gardens at the EACC Saturday Morning Question Time on Enforcement.  Kay Smith noted the follow-up to this – there will be an article appearing in Letwise, highlighting landlords’ responsibilities.  For residents, the best advice is to report neglected properties to the Anti-Social Behaviour Unit. 

A report is being prepared by a CEC internal officers’ group called ‘Powers of the Council’.  This should be available at the March 4^th Full Council meeting.  Kay will attend this meeting.

Ian Doig thanked Kay for all her work. He reported that the next EACC Question Time on 6 March will be addressed by the Chief Constable of Lothian & Borders Police.

Ward Councillors’ Reports

Cllr Mark McInnes

The approaching budget on 11 February will focus on the proposed cuts to education. Officers will be producing a list of cuts, including 2 ½ % cuts to schools.

The Chair extended thanks to Cllr McInnes for his work on the CPZ issue.  He was responsible for getting a full amendment added on to a CEC report re all day parking. 

Cllr Gordon Buchan

Update requests to CEC re queries on council powers on neglected front gardens have not been forthcoming.  An answer is now being worked up under Final Questions for the full Council meeting and Cllr Edie is preparing a report.  This will go to NPs for consultation with CCs.

There is a proposed redevelopment of St Kentigern’s Church with an extension providing 36 student beds, and a restaurant.   Construction vehicles would be passing through a pend in the tenements of St Peter’s Place, but potential damage caused by temporary access is not regarded as a valid planning issue.  Fire trucks and waste collection trucks would not have access and no on site parking facility is proposed..

Other Reports:

Kay Smith on seagulls’ nests.

Kay noted that Dumfries and Galloway Council have been very proactive in removing nests on private properties.  Residents were leafleted, encouraging requests for removal.  Over 800 nests were tackled with a 90% success rate in driving the birds elsewhere to nest.  It takes six visits to eradicate the nest site, putting nails through the eggs and repeatedly removing the nests.  £35,000 was spent offering the service to the town and the plan is to continue to offer the service for three years. 

In Edinburgh it costs £240 to secure repeated nesting removal.  Out of half a million residents approached, only 15 took up the opportunity. 

Mairianna Clyde noted that for those in tenements, any one co-owner of  a shared property is entitled, without the consent of the other owners, to request CEC to attend to the problem under the term ‘extraordinary use’.

Bob Bierley recommended waxing the eggs on the first visit and said he believed that this would remove the need to have five other visits as the seagulls continue to try to hatch the original eggs, thus saving five sixths of the cost.

A suggestion is made that a recommendation be made to the South West Neighbourhood Partnership to choose Merchiston as a free trial nesting service.

HMOs

Ed Bewsher – as well as representing MCC wrt the proposed budget hotel in Leamington Terrace will be attending the Licensing Board meeting in a personal capacity as the 6 HMOs, which fill the rest of the building in which he lives, are to be considered in review as one building.  The decision may be made that the density is too high.  This is the first time that density has been acknowledged as an issue.  This would be a breakthrough in understanding of HMO issues by the Council. Ed will report back.

Planning

The group will be looking at the application mentioned for St Kentigern’s Church. 

A new application for Orwell Lodge has been approved with amendments.

Treasurer’s report

A balance of £700, most of it pre-allocated, with a small surplus anticipated at year end.

Transport

Nothing to report.

6.  AOB

<  Cllr Buchan is leading a consultation re the vacant land at the end of Gibson Terrace.  He is keen to hear peoples’ ideas for the area.  A funding bid for £45,000 has been put in to South West NP.  The consultation would seek residents’ views first, then CCs and canal groups. 

<  Vice-chair Mairianna Clyde asked for a special meeting regarding the recent email troubles.  The Chair noted that this is still an ongoing problem.  It was agreed that some time would be allocated if members could stay behind at the end of the public meeting.  Agreed. 

<  Helen Zealley reported that a meeting attended regarding the CEC consultation document  Living and Dying Well had been constructive.

<  Kay Smith as our Tree Warden intimated the scheme, which had fallen into decline, has been resurrected.  A useful meeting had been held in Harrison Park.

7.      Next MCC Meeting

The next meeting will be held at 7:30pm on Tuesday 23^rd February 2010 in St Michael’s Parish Church Hall, 1 Slateford Road. 

The meeting concluded at 9.30pm.    

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Special Meeting

Returning Officer Cllr Gordon Buchan chaired the Special Meeting, attended by members of MCC only. 

He noted that all CCllrs are required to represent the best interests of their community.  There is an obligation on all CCllrs to follow the Code of Conduct and treat each other with respect.  Cllr Buchan is keen that MCC is a success and, in view of the current problems, would like to arrange a meeting at the City Chambers, where all interested parties could attend.  The intention would be to hear all views with the hope to dissolve the current barriers to successful communication.

Cllr Buchan has no bias and will only act as facilitator.  If there is no resolution to the current problems at the end of the City Chambers meeting, then disciplinary action may be required as recommended in the updated Dispute Resolution Process recently modified by the CEC solicitor.    This City Chambers meeting could take place in the week beginning February 8^th – possibly Tuesday February 9^th.  An invitation will be extended to all MCC members to attend the meeting.

MCC members collectively agreed that the Chair, Vice Chair and Secretary should not respond to any further email messages of the kind that have been received (totaling well in excess of 60) since September 2009.  It is inappropriate to respond further as legal action has been threatened. 

MCC members also agreed that there would be no further email contact with the complainant.  

The Special Meeting concluded at 10pm.