by

NTBCC meeting full agenda Monday 10 April 2023, and convenor reports

  1. Welcome / Introductions / Attendance
  2. Approval of the minutes of the ordinary NTBCC meeting held on 13th March 2023
  3. Matters arising from previous minutes, and not included on agenda below (To approve)
  4. Police matters (To note)
  5. Transport (Convener’s report)
    • East London Street – latest update from Lothian Buses (To note)
    • Tram Project Walkthrough – TtN response (To note/discuss)
    • City Mobility Plan – Future Consultation/summary of recent meeting with CEC (To note/discuss)
    • Leith Walk/London Rd junction – Police response/residents’ concerns (To discuss)
  6. Environment (Convener’s report)
    • New Committee remit (To agree)
    • Picardy Place – what’s happening? (To discuss)
  7. Planning (Convener’s report)
  8. Culture and Communities (Convener’s report)
    • ‘George Street & First New Town’: Workshop 19 April 12:00-2:00pm (To note)
    • ‘Nature Emergency’ – 22 March Cllr Parker discussion – key highlights (To note)
  9. Licensing (Convener’s report)
    • Statement of Policy – Evidence sessions: 20 April (Community Councils) (To note)
  10. Treasurer’s report – End Year 2022/23 (To note)
  11. Residents’ Open Forum
  12. AOCB


Transport convenor’s report

Tram Works

Although testing of the tram lines has commenced, there remains much work to be completed along the route to finish the public realm areas including that on Elm Row and Baxter’s Place. We are continuing to press the Trams Team for a schedule for the completion of this work.

The planned walk with Cammy Day, Leader of CEC was postponed at the last minute due to a diary conflict but has now been rescheduled for 14 April. We will use this opportunity to highlight the concerns we raised during our walk through the section of the route from York Place to Annandale Street last November.

East London Street

We have been forwarded a response received by one of the residents on East London Street to concerns raised about the continued use of ELS by out of service buses. This response which will be posted on our website does not address the key concerns raised nor provide any clear timetable for improvement. We have been separately advised that North Bridge will return to two-way operation from later this month – Lothian Buses have stated that the current one way operation is one of the key reasons for the continued usage of ELS but we remain to be convinced that this change will impact the number of buses.

City Mobility Plan

As agreed at the February meeting, an invitation has been issued to Daisy Narayanan and Ruth White to attend a future NTBCC meeting as part of their roll out of the City Mobility Plan. Unfortunately, it was not possible for them to attend the regular April meeting so a special meeting with Community Councillors was arranged for 3 April. Full consultation on the five constituent plans is due to commence from later this month which will include further stakeholder engagement sessions. Our concern is that the overall scope of the planned work is so great that there is a danger that there will not be sufficient funding to allow the goals of the City Mobility Plan to be achieved.

Experimental TRO

The ETRO for the various Spaces for People measures within our area will close for comments in May and therefore we will need to submit objections for any of these that we do not wish to remain. As we have learned from previous TRO consultations, it will be critical to get sufficient comments submitted to ensure that the concerns are actually considered by Councillors. It is proposed to agree a formal response for NTBCC and then circulate this widely among the community to encourage others to submit objections.

Prepared by Mike Birch

10 April 2023

Environment convenor’s report

Introduction

A paper was considered at the NTBCC meeting on 13 March concerning the remit of the NTBCC Environment Committee in light of the Community Council establishing a Culture and Communities Committee as part of a wider attempt to align NTBCC committees to those of the City of Edinburgh Council.

At the meeting on 13 March, it was agreed that the convenors of the Environment , Transport, Culture and Communities, and Planning Committees should review the spread of responsibilities across these committees.

Outcomes

The meeting held on 27 March reached the following agreed outcomes:

  1. The Environment Committee should match the same remit as Environment half of the City of Edinburgh Council’s Transport and Environment Committee (TEC) which itself has been subject to review.

The remit of the TEC agreed by the Council is as follows:

  • Flood Prevention
  • Public Realm Projects
  • Waste Services
  • Street Cleaning and Open Space Maintenance
  1. It is possible that, as has happened previously air pollution, will also be dealt with by the TEC but this remains to be confirmed. Other pollution related matters will be dealt with by other City Council committees.
  1. The NTBCC Environment Committee should track environment initiatives being pursued by the TEC and make sure that knowledge of these is appropriately disseminated across the NTBCC. However, it was also agreed that it was necessary to get advance intelligence about what was planned to be brought forward by the TEC on environment matters because by the time an item was on the TEC agenda for a meeting there was limited opportunity for NTBCC to respond effectively.
  1. The NTBCC Environment Committee should not be entirely reactive to the agenda being set by the TEC, but should also identify issues of concern to local residents and other stakeholders so that NTBBC can also develop and promote positive proposals on such matters.
  2. To make sure that overlaps between the work of the NTBCC Transport and Environment Committees are picked up the Convenor of the Transport Committee should become a member of the Environment Committee. (The Convenor of the Environment Committee is already a member of the Transport and Culture and Communities Committees.)The NTBCC Environment Committee should give priority to place making for particular localities by engaging in Local Place Plans. This would build on the work done by NTBCC for Broughton Street.

Next Step

A review of the existing membership of the NTBCC Environment Committee is undertaken to make sure there is the necessary capacity and expertise to address what is a wide-ranging agenda is available. (Discussion attended Mike Birch, Simon Holledge, Richard Price and Peter Williamson)10 April 2023

Planning convenor’s report

Weekly Lists – New applications submitted

It has been relatively quiet in terms of significant new applications coming forwards over the past month, with little to note.

There continue to be a small number of applications relating to Short Term Lets – either seeking permission for new STLs or approvals for whole property STL applications. An interesting development is the Council’s use of policies contained within the recently approved (February 2023) National Planning Framework (NPF4) – which has now been adopted as a key element of the current (& future) Local Development Plan which is used as the reference for determining planning applications.

An example from the most recent Weekly List was a flat at 21 Queen Street (22/01778/FUL for 21A Queen Street) which has been refused.

This flat as well as flats 1 – 4 above at 21 Queen Street are / were all under Destiny Scotland management (i.e. as ‘investor’ properties with all 5 flats at this location previously operating as STLs for varying periods).

Previous applications for the 4 flats above the basement flat (21A Queen Street) have all been /CLE’ applications (‘Certificate of Lawful Use as Existing ‘: requesting confirmation from the planning authority that they accept that these flats have been operating albeit without the required planning permission for a period of 10 years but without Enforcement notices being served by the Council).

Flats 1,2 & 4 at 21 Queen Street were all approved as a /CLEs whereas flat 3 failed that test (as the owner decided to use it for a period of 18 months thus negating the continuous 10 year requirement so CLE application was refused).

For the basement flat (21A Queen St.), application was submitted for a ‘new’ STL (i.e. it hadn’t been operating continuously for 10 years) so a /FUL application was required – was refused – as being contrary to NPF4.

As stated in the RoH for 21A Queen St.: “Whilst it is recognised that there is an economic benefit to the City as a whole from the provision of visitor accommodation in this case it does not outweigh the loss of residential accommodation. The proposal does not comply with the Development Plan policy NPF 4 policy 30(e) part (ii).”

To note there were 4 comments submitted – 2 objecting from near neighbours as this is a larger flat than those above & has been used (allegedly) as a congregating flat for those booking flats 1 – 4 above & 1 in support from a local business. NTBCC submitted a comment requesting that the application be determined in accordance with current policy / guidance.

So – in summary:

1. Given NPF4 approval in February & now forming part of the Local Development Plan, there is now a strengthening of policy requirements with respect to loss of residential housing which provides justification for refusing retrospective STL applications even in whole properties – unless the applicant can demonstrate 10 years continuous STL operation.

2. This may also result in whole properties (which previously were operating as unlawful STLs in their entirety) becoming a hybrid of Sui Generis residential & approved STLs which may not be ideal in the longer term.

Although not clear, it will also be enlightening to see how the new licensing regime handles situations such as this.

Scottish Reporter (DPEA) Appeals

Most people will be aware that the two applications for 72 – 74 Eyre Place for student housing & townhouses were appealed to DPEA on the grounds of non-determination, after the DMSC agreed to a hearing on both of these. The Planning officer’s draft recommendation was to approve both.

We have been liaising with the various residents’ groups following this appeal & have made a further submission outlining additional concerns with the process. We also drafted a further (late) submission) requesting that the webcast of the DMSC be admissible as a material consideration to demonstrate that the DMSC had several concerns with this application – to counter assertions made by the planning agent to justify their appeal to DPEA that there were no valid reasons why a Hearing was agreed at the 11 January DMSC).

Several other applications are also now with DPEA including :

1. Another Enforcement Notice appeal for continuing unauthorised STL operation at 11 Marshall’s Court (a further submission has been made to DPEA on this by local residents).

2. An appeal to the refusal for the “Erection Of Temporary Structures And Enclosures, Including Bar, And Other Associated Works To Facilitate Use Of St James Square As An External Events Space. Permission Sought For One Year (2022/23)“ (22/041715FUL) which was refused by the DMSC due to unacceptable impact on residential amenity – contrary to the Planning officer’s recommendation to approve.

The Council’s Environmental protection officer also stated that “ Noise Impact Assessment (NIA) has been submitted by the applicant. (Waterman Infrastructure and Environment Limited, ref: WIE17806-100-R3.5.2- Bar Hutte NIA, November 2022). This assessment demonstrates that noise from the site will not meet the expected standard. The NIA attempts to argue that a less onerous standard would be more suitable in this case, however it then demonstrates that this lesser standard would also not be met in all sensitive receptors.

Therefore, Environmental Protection cannot support the application and recommends refusal“.

NTBCC objected to the original application and has submitted a further representation to DPEA, supporting concerns raised with us by local residents.

3. 20 Dublin Street , Lane South, Edinburgh (22/03619/FUL) “Change Of Use (Retrospective) From Residential To Short Term Let (Sui Generis)”. The Report of Handling recommended refusal, supported by the DMSC due to the proposal would have a materially detrimental effect on the living conditions and amenity of nearby residents.

It does not comply with the relevant local development plan (LDP) policies as it would have an adverse impact on neighbouring residential amenity. NTBCC objected to the original application but has not made a further submission to DPEA as our original objection covered all of the concerns raised by local residents.

The Reporter intends to undertake an accompanied site inspection on Tuesday 25 April at 10:30 am.

Other Applications Currently Being Assessed

108 – 114 & 116 Dundas Street.

Amended application submitted after refusal at committee and unsuccessfully appealed to DPEA was presented to the DMSC and an application for a Hearing granted.

NTBCC submitted a representation, highlighting continued concerns being expressed by local residents to this amended application. Also interesting to read the contradictory views from HES & EWHT in terms of impact on the WHS Outstanding Universal Value.

NTBCC have offered continued support to local residents & have now confirmed that we wish to make a further deputation at the hearing at the DMSC on Wednesday 10th May for applications 22/05886/FUL & 22/05884/CON This application could also be in danger of being appealed on the grounds of non-determination, even though the date for hearing at DMSC has now been confirmed. .

Former Smithies Public House & Adjoining Land

As mentioned in the March Planning Report, following approval for the sale of a small tranche of Council-owned land to the east of the former Smithies on Eyre Place, NTBCC have been contacted by Eyre Place Properties Ltd offering a pre-application discussion on their proposal to construct a low-rise, low-density new build development of 11 private residential apartments as well as the creation of a communal garden for use by local residents there.

This follows an approved Planning Permission in Principle (19/05565/PPP) granted in May 2020 which established the principle of housing on part of the application site until the May 2023. A new application covering the former Smithies premises and recently acquired land from the Council to the east has now been lodged.

“23/01201/FUL Clearance and demolition to erect 11x flats and maisonettes, new garden ground and associated infrastructure. Land 20 Meters North-east Of 74 Eyre Place & 49 – 51 Eyre Place Edinburgh”

Other news / Upcoming Proposals

Potential PBSA on Industrial Land at the western end of Dunedin Street

Another proposal for another PBSA further to the east underwent pre-consultation in January 2023.

Proposal is to demolish the existing buildings (low level industrial units / parking) and erect a purpose-built student accommodation development (~ 130 beds) at 22, 24-36 Dunedin Street.

This would back onto the ‘Homes for Students’ PBSA on Beaverhall Place.

More information here.

NTBCC had a presentation on the proposal with the developer (Danehurst) on 6 April.

Update to the ONTE World Heritage Site Management Plan

Following engagement with EWHT during the consultation phase & posting of NTBCC’s input to the 2023-2027 Management Plan, we have contacted EWHT for an update on progress but so far, have not had a response. However, we notice this update at the 24 March Planning Committee report on ‘Annual Review of (Statutory & Non-statutory) Guidance’.

  • “Title : Old and New Towns of Edinburgh World Heritage Site Management Plan 2017-2022
  • Current Status & Date : Published 22 April 2016 and updated 27 August 2019
  • Update : Review in progress to produce Management Plan for 2023-2027
  • Timescale for Review : Q1/Q2 2024”

So it seems that this is a very protracted exercise.

Richard Price 9 April 2023

Culture and Communities convenor’s report

The CEC Culture and Communities Committee will meet again on 11 May.

1. ‘The Uses of Public Spaces’

Despite correspondence with councillors and the convener, we are still in the dark about the proposed “stakeholder event” and any idea of when this will return to committee. Ideally, CEC officers should come back to stakeholders with a list of all the key principles and guidelines discussed in previous meetings, for agreement about which items are included in the final document.

2. ‘George Street & First New Town’

There will be a workshop at the Royal Society of Edinburgh (19 April, 12:00-2:00pm) to discuss landscape, heritage and shared space in the George Street designs. In addition to ourselves, CEC officers, councillors heritage bodies are invited but apparently not other stakeholders (as of 28 March).

[N.B. This follows a decision made in Transport & Environment Committee on 3 November 2022.]

3. NTBCC talking to Cllr Ben Parker, 22 March

We held a wide-ranging Zoom discussion with Cllr Ben Parker about the CEC declaration of a ‘nature emergency’, of which Ben was the author, climate change and related matters. Ben has taken a special interest in this field. There is a recording available for anyone who is interested in reviewing the discussion.

SCMH, 11 April 2023

Licensing convenor’s report

NTBCC Licensing Report – April 2023