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

DRAFT MINUTES OF

MERCHISTON COMMUNITY COUNCIL  MEETING

HELD ON TUESDAY 18 MARCH 2008

AT 7.00PM

POLWARTH PARISH CHURCH

CHAIRPERSON’S WELCOME

Bridget Stevens welcomed everyone present, including Cllrs. Alison Johnstone, Mark McInnes, Gordon Buchan, Andrew Burns and Paul Godzik; Ian Doig, Kay Smith, Robin Morris, Frances Hawarden, Mairiannia Clyde, William Mykura, John and Belinda Lennie and around 30 members of the general public.

Presentation followed by a discussion on “How Planners Make Decisions” introduced by Nancy Jamieson, Group Leader, Development Management Planning Service, The City of Edinburgh Council

Nancy gave a very clear and factual account of the planning process and the work of the Planning Department. She stated that the Department currently processes around 5000 planning applications per year, and endeavours to process two thirds of these within two months. 85% of house-holder applications are dealt with within this period. About 92% of applications are dealt with under delegated powers.

She outlined that planning was carried out at two levels; regional, and local. The regional level is directed by the Structure Plan and the local level is directed by the Local Plan. New developments have to be in accordance with ‘permitted development’ in these plans.

Planners check the application to see that all necessary paperwork and information is supplied by the applicant to enable planners to make an informed judgement about the proposed impact of the development. Nancy listed criteria that can cause the plans to be rejected and other criteria that planners are not allowed to consider under present legislation. Developments must not contravene existing environmental laws defining ‘nuisance’. Environmental nuisance does not include the right to a view, but does include the right to light, air and to privacy. Nancy also provided various diagrams indicating how shade is calculated. She admitted that the measurement of light was a difficult exercise, the maths of which she did not fully comprehend, and is left it to experts to calculate.

Proposals are occasionally found to be deficient and are returned to applicants for re-submission. Neighbour Notification is currently the applicant’s responsibility and is simultaneous with the submission of plans. (This will change with the new 2006 Planning Act. The Planning Department will in future be responsible for Neighbour Notification). So it can happen that there are delays between Neighbour Notification and the actual submission of correct paperwork and eventual consideration of the proposed development by planners or the Planning Committee.

Other criteria relevant to neighbours are:

· USE

· DESIGN (new; last decade)

· SUSTAINABILITY (new)

· AMENITY

There are Planning guidelines on noise too, issued by the Scottish Executive and enforced by Environmental Health.

If three or more objections are received from neighbours, the decision must be referred to the Planning Committee, at which elected representatives including ward councillors have a say. The recent proposal for 6b Merchiston Park was rejected by the Planning Committee by 12:1, on account of councillors heeding the opposition from neighbours.

Nancy has since sent MCC via e-mail a copy of her presentation slides, which can either be obtained directly from herself or on application from MCC.

Those interested in the details will find the presentation material gives a very good overview of the current planning process within the City Council.

A lively question and answer session followed the presentation.

Much of it involved concerns over the approval of construction of new domestic residences within conservation areas such as Merchiston. It was felt that more attention should be paid to the impact of modern design in nineteenth century villa settings. This does not imply criticism of modern design as such, but its appropriateness in different site contexts.

David Rintoul (Tollcross CC) raised the rumour that HBOS had expressed an interest in siting a new HQ complex within the Fountainbridge area marked for re-development. Nancy replied that if this were the case, any decision to allow HBOS to proceed would probably be dealt with by the Scottish Executive.

A member of the audience referred to the existence of a third party right of appeal in the Irish Republic, saying that he believed this right had had an improving effect on both the quality of development applications, and the degree of pre-application consultations. Nancy replied that third party rights of appeal had been considered in the drafting of the recent planning white paper, and rejected in favour of better pre-application consultations.

Bridget thanked Nancy for providing most helpful and interesting information.

BUSINESS MEETING

3Ms Café Project

Elizabeth Myles-Geddes explained that for the past two months she had been employed, part-time, in a project to develop the proposed 3Ms Café. She spoke of its future development and said that suitable premises were still being sought. A survey had been conducted amongst local residents asking for their opinion on this worthwhile project.

1.0 Apologies for Absence

Alison Elwell-Sutton, Jim Geekie, Ann Royden, PC Alan Hopper, Cllr Marilyne Maclaren

2.0 Minutes of last Meeting held on 19th February 2008 were circulated

Mairianna Clyde was thanked for producing these Minutes, the adoption of which was then proposed by Frances Hawarden.

3.0 Matters Arising

CPZ development referred to under AOB below

4.0 REPORTS

i. Police Report

In the absence of PC Alan Hopper, the following are points of interest emerging from a memo he sent to Bridget:

Insp. Tom Galbraith has moved and as of mid March will work from Fettes HQ within the police Diversity Unit.

Insp. Richard Horan will take over from Insp. Galbraith.
His e-mail address is Richard.horan@ibp.pnn.police.

There had been a robbery at Scotmid, Warrender Pk Rd in March and the police are following a ‘positive line of enquiry’.

There has been a rise in break -ins (in barbers and hairdressers shops) in the centre of Edinburgh by thieves looking for petty cash. In view of this, security advice has been made available and a leaflet drop has been carried out.

With regards to youth/alcohol problems, a plain clothes operation has been carried out in the Bruntsfield/Marchmont area.

A speed check was carried out by use of a hand held radar (speed gun) in Merchiston Avenue and Spylaw Road. In both cases speeds of numerous vehicles were recorded - with no offences detected. In future, if residents believe there are speeding issues, they should contact PC Hooper and he will request further speed checks.

For all issues that cause concern, contact PC Hopper at St. Leonards 0131 662 5022.

ii. Planning

Mairianna Clyde has agreed to take the lead in the Planning Group.

South Ettrick Road

John Lennie had investigated this application. The proposal to insert 2, two-storey residences into a space currently occupied by 1 one-storey building not only looks too ambitious in principle in a site of this size, but the re- positioning of the new building would greatly increase the shadow cast over the garden of neighbours to the north. The proposal also appears to contravene some Villa Policy guidelines, in particular those referring to boundary walls. .

A neighbour present at the meeting, mentioned that a wall had already been taken down.

The wall in question is the south boundary wall of the site which separates the site area from a large villa in Colinton Road, which is also undergoing re- development at the present time, and it is thought that the same contractor has been engaged for both developments. Under Villa Policy guidelines, if an original 19th century boundary wall is involved, it will have to be re-instated in due course.

10a Greenhill Park

A further application has been submitted, which introduces an amended proposal for a boundary wall and gate to separate the access to the garage owned by No. 10 Greenhill Park from the remainder of the property. This amended proposal recognises the difficulty which the original application would have caused the occupants of No. 10, but only to a minimum extent. Immediate neighbour Mrs Russell would appreciate any support which MCC could give in obtaining an improvement to the amended proposal.

Napier University have submitted an application for a wind turbine on the roof of their Colinton Road premises.

Merchiston Tennis/Bowling Club

Alastair Cant spoke of the proposed flood lighting of the tennis courts at the above club. It was also proposed to re-surface the existing blaize courts with astro turf.

The proposed flood lighting would be restricted to no later than 9.00pm. Mr Cant would come back to MCC when the planning application was ready for submission.

iii. Licensing

Robin Morris stated that the Licensing Board is now smaller and more effective.

He advised that he had been elected to the new CEC Licensing Forum last summer as a one of five community/residents representatives out of a total of 18 members. The other members of the forum represent the licensed trade, police, legal profession etc. There have been three meetings of this Forum to date, and a delayed meeting with the CEC Licensing Board is to take place on 14/4/08. Unfortunately as meetings are on Monday mornings, and one of the community/residents members has died, sometimes Robin has been the only community rep there, which is very disappointing.

He has copy of the Minutes of all the meetings which can be made available to anyone interested. They are also accessible on the CEC website.

Elections for the new Forum (up to 20 members) from June 2008 will take place shortly, and it is suggested that one community/residents representative each should now come from the six Parliamentary constituencies in Edinburgh to give a better spread. There was also a suggestion that chairmanship of the Forum should be rotated.

David Rintoul (Tollcross CC) agreed that the new Licensing Board is more effective, but he did not agree with the suggestion that election to the chair should be on a different basis.

iv Treasurer’s Report circulated

MCC have sent St Michael’s Church an ex gratia donation towards cost of heating their hall for our February meeting.

£100 has been allocated for website development, in addition to the considerable work Ann Royden has done

Eric Liddell Centre now charges £48.86 per evening for the use of the Chapel.

MCC are most grateful to Polwarth Church who were not charging for the use of their hall. An ex gratia donation would also be made in respect of this.

Bridget thanked Frances for her report.

v. Chair’s Report

Meetings/Events attended by Bridget on behalf of MCC

  • 28 February Seminar on Charity Trusteeship
  • 6 March Meadows and Bruntsfield Links working Group
  • 8 March Edinburgh Association of Community Councils
  • 10 March South Central Neighbourhood Partnership - Ann Royden attends meetings of South West NP as MCC’s representative.
  • 12 March Eric Liddell Centre Board
  • 15 March Regional Meeting of Association of Scottish Community Councils

Minutes are available of all formal meetings. Papers relating to City Council meetings can be found at http://www.Edinburgh.gov.uk

In addition to the above, MCC’s Planning group, Web Group and Agenda Group, plus other ad hoc groupings of members, continue to hold regular, informal meetings to discuss any action required between public MCC meetings

5.00 ANY OTHER BUSINESS

Changes to Controlled Parking Zone S3

Cllr. Mark McInnes explained that on 30th November 2007 the Council had written to the MCC informing them that there would be a statutory consultation process before any changes were made to the CPZ. The implementation date for the changes was now imminent but there had been no consultation. Ian Doig and Bridget Stevens, on behalf of the MCC, had raised this at the last South Central Neighbourhood Partnership meeting. Cllr McInnes, the NP convenor, proposed an urgent meeting between the City Council and local residents to allow them to express their opposition to the changes in person. Once a date for the meeting has been set, the MCC will notify local residents.

HMOs .

This too was an issue which had been raised by Bridget Stevens at the SCNP. It was understood that the question of introducing a quota system for the granting of HMO licences had been dismissed by the Chair of the Regulatory Committee recently as something in which he maintained the public was not interested. MCC believes that there is considerable interest in the question and that feelings are strongly felt, for and against the introduction of a quota system. Through the Neighbourhood Partnership, MCC was seeking a meeting with the Chair of Regulatory Committee on this subject. Cllr McInnes explained that, whilst the Planning Committee had already implemented a new policy on sensitive areas, the Regulatory Committee, which is responsible for HMO’s of 3 to 5 people, does not at present have such a policy.

Boroughmuir School

Miranda Harvey, Boroughmuir School, issued an invitation to the MCC to attend a meeting regarding proposals for the School’s future.

6.00 Date of Next Meeting

Tuesday 20th May -AGM at The Eric Liddell Centre, Holy Corner