Merchiston Community Council
5 September 2010 
Speaking up for the people of Merchiston  
MERCHISTON COMMUNITY COUNCIL

Minutes of Meeting held on Tuesday, 17 January 2006
at 7.00pm at the Eric Liddell Centre.

1.0 Chairperson’s Welcome
Bridget Stevens (Chair) welcomed those present, who included Wendy Allen, Rebecca Brooks, Hilary Brough, Ian Clement, Alison Elwell-Sutton, James Geekie, Frances Hawarden (Treasurer), Cllr Hunter, Pamela Johnstone, Janice Laxton (Minutes Secretary), John Lennie, Robin Morris (Secretary), Chris Sharman, Atholl Stewart and Cllr Tritton and Colin Young.
Bridget Stevens welcomed Michael Thain and two colleagues from the City of Edinburgh Council (Private Housing Services), and Paul Harding, of Ben Tindall Architects, to the meeting.

2.0 Apologies for Absence
Desmond Hodges, PC Alan Hopper and Cllr Wilson.

3.0 Minutes of Last Meeting held on 15 November 2005
Moved for adoption by Ian Clement and seconded by Cllr Hunter.

4.0 Matters Arising
4.1 Tree Memorial to Diana Dunthorne
Desmond Hodges is organising.

4.2 Polwarth Grove
Residents are relieved to have the support of Mike Pringle, MSP, in pursuing their long-standing flooding problem. They are still awaiting a response from Scottish Water.

5.0 Treasurer’s Report
Frances Hawarden distributed a copy of the Cash Flow to date, showing a balance of £257.05. It was agreed to show the minute secretary’s fees and expenses separately in future, as well as which monies originated from CEC grants.

6.0 Other Reports
Police Report
PC Alan Hopper attended at the start of the meeting, but was called away. He left copies of 17 January 2006 issue of the Police bulletin for Ward 45, however, which highlighted youth disorder as one of the main priorities for Police throughout the city.
Chris Sharman reported numerous incidents of vandalism and anti-social behaviour in Bruntsfield Place over the past months. It appears that, because it is open 24/7, the Scotmid store at the corner of Viewforth and Bruntsfield Place attracts youths into the area.

There was also concern over the recent increased level of graffiti in the area. Unfortunately, it is not possible to convict anyone unless they are caught red-handed. Although it is illegal to sell spray paint to anyone under 18, younger people can easily obtain it from others.

Bridget Stevens reminded everyone that it is important to complain in writing to the Licensing Board, who do take note of complaints. Also, people can telephone Crimestoppers directly.

7.0 Planning and Licensing Applications
Churchill
MCC will make no objection to build two conservatories..

Bank House
MCC will make no objection to build a one-storey outhouse.

New Build, Rudolf Steiner School
Paul Harding, of Ben Tindall Architects, the firm designing this extension, spoke to this proposal. He brought along a model (made by pupils of the school) illustrating the innovative, modern design, which Desmond Hodges feels is in perfect keeping with the ethos and approach of the school. The extension, for vital additional accommodation, which has been planned over the last nine years, has now been modified to include an art room. Its turf roof is very environmentally friendly, and should provide good heat insulation.
The plans will soon be submitted to the Planning Department and Ben Tindall are keen to have MCC’s support. Plans and photographs of the model are available on their website. They will send plans to MCC for inclusion on the MCC website.

Change to Technik Shop Front, 102 Morningside Road
The Planning Sub-Committee are concerned that the proposed changes, to a more modern style, may be out of keeping with the adjacent buildings, and may set a precedent for similar, future changes. Any views on this are welcome.

Indian Restaurant, Morningside Road
The recent application for a new shop front has been withdrawn.

Polwarth Tavern and Ettrick Hotel
At the Licensing Board on 16 January 2006, MCC were asked to support two sets of local residents who have been greatly disturbed by the late licensing hours at both premises. The Board decided to renew the licence for the Polwarth Tavern for three months only instead of a year and reduce it by one hour on Fridays and Saturdays. Ettrick Hotel withdrew their application at the last minute.

2B Merchiston Crescent
The owner will replace the illegal fence with a wall in February.

8.0 AOCB
8.1 New Marks and Spencer Store, Morningside
Bridget Stevens has been approached by the press to comment on behalf of MCC on the news that a new Marks and Spencer store will replace the Iceland shop in Morningside.

8.2 South Edinburgh Environmental Forum
The next meeting will be held at 7.00pm on Wednesday, 18 January 2006. A representative of the Environmental and Consumer Services Department of the CEC will give a presentation on anti-social behaviour orders and noise disturbance regulations. Frances Hawarden and Bridget Stevens will attend on behalf of MCC.
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8.3 City Development Neighbourhood Group
The next meeting will be held on 6 March 2006.

8.4 Edinburgh Association of Community Councils
The next meeting will be held on Saturday, 28 January 2006 from 10.00am – 12.00pm at the City Chambers. The proposed changes to the way in which community councils are run will be discussed.

8.5 Invitation to the Queen’s Garden Party, July 2006
Nominations are invited for a representative of MCC to attend the Garden Party at Holyrood this summer. Please pass any names to Bridget Stevens by
10 February 2006.

8.6 PhD Student Contact
Bridget Stevens will meet with a Japanese PhD student who has contacted MCC and asked to discuss how the Council works. Anyone else wishing to attend should contact Bridget Stevens.

9.0 Date and Information of Next Meeting
Tuesday, 21 Feburary 2006 at 7.00pm at the Eric Liddell Centre. A spokesperson for the new Tesco store at Holy Corner will speak. Anyone wishing to receive notice of this and future meetings should give their name to Robin Morris.



PRESENTATION ON TENEMENT LAW

by Michael Thain, Environmental and Consumer Services,
City of Edinburgh Council


Edinburgh’s expanding economy is expected to continue to attract more people to live in the city over the coming years. Many of them will require rented accommodation, most of which will be in the private sector.

The Tenements (Scotland) Act 2004 was introduced to help solve many of the problems associated with living in flats, of any kind. It sets up a decision-making structure which should make it easier to carry out communal repairs and maintenance and deal with disagreements between owners.

Common repairs
It is now only necessary for the majority of owners (not all) to agree to common repairs to enable the work to go ahead. If, however, any owner refuses to agree to the work being done, other owners can apply to the CEC to issue a Statutory Notice to all owners on the stair. This is only enforceable should it involve a health and safety issue, in which case the CEC will employ their own, accredited contractors and bill each owner accordingly. Although these contractors may be more expensive than some others, because the CEC does not pay VAT, the overall cost may not be any higher than it would be otherwise. Any owner refusing to pay can be taken to court, although they have the right of appeal.

The Edinburgh Stair Partnership
In contrast to Glasgow, most tenements in Edinburgh do not have a factor. The City of Edinburgh Council have, therefore, set up this factoring service in 2001, at an annual cost of £58.75 per owner. When owners join, Housing Officers survey their tenement, produce a report showing the condition of the property and - with the agreement of the owners - can arrange for repairs, collect each share of the cost, supervise the work and pay the contractors.

Houses in Multiple Occupation (HMO)
The CEC is ahead of other Scottish local authorities in licensing HMOs, ie shared buildings with a non-resident landlord (or agency) and three or more unrelated tenants. It is hoped that 80% of such properties will be licensed by the end of this year.

HMO applications can be made online and it is expected that the principal fee will be set at £50-£70, with an additional percentage for each property. The licence will last for three years.

The CEC requires appliacations to convert a flat to a HMO to be displayed on a nearby lamppost for 21 days prior to the licence being granted. There are no resources, however, to make sure these are kept in place or to send copies to owners of adjoining flats.

From March 2006 every non-resident landlord will be required to register with CEC as being ‘fit and proper’ for this role, and agree to comply with the law re. rented property, with data held by the CEC. This will make it easier for flat owners to find out contact details for absent landlords; until now the only way of finding out was by asking their tenants or looking in the Land Registers of Scotland, which is often out of date, or the Electoral Register.

Noise and Anti-Social Behaviour
Noise, especially that caused by sanded floors in overhead flats, is the basis of numerous complaints to the CEC, who, however, took the decision several years ago not to make it manditory to carpet floors (the traditional form of flooring). A HMO Helpline is available to help with problems with noise and anti-social behaviour.

More information is available from:

Private Rented Sector Team
Private Housing Services
23 Waterloo Place
Edinburgh
EH1 3BH

Tel: 0131 529 7247

prst@edinburgh.gov.uk






17 January 2006