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NTBCC meeting full agenda Monday 12 June 2023, and convenor reports

NTBCC ordinary meeting: Drummond room at Broughton St Mary’s Church on Bellevue Crescent
Monday 12 June starting at 7:00pm

  1. Welcome / Introductions / Attendance
  2. Approval of the minutes of the ordinary NTBCC meeting held on 8 May 2023
  3. Matters arising from previous minutes, and not included on agenda below (To approve)
  4. Police matters, assuming attendance by Police (To note)
  5. Transport (Convener’s report)
  6. Environment (Convener’s report)
    • ‘George Street & First New Town’ – TEC update 15 June  (including proposal for trees) (To note)
    • Waste management (time extension of GPB trial/proposal for STLs) (To note)
    • Use of communal bins – NTBCC position (re concerns raised by an ELS resident) (To agree)
  7. Licensing (Convener’s report)
    • ‘HMO Best Practice Guide 2023’ consultation (10 August) (To note)
    • Other licensing applications (W Hotel/Use of St James Square/1 Gayfield Square) (To discuss)
  8. Culture and Communities (Convener’s report)
  9. Planning (Convener’s report)
  10. Communications
    • EACC consultation 23 June (To note/agree NTBCC position)
  11. Residents’ Open Forum/AOCB

Please note: before or during the meeting, names and email addresses may be recorded. Email addresses are held and used for circulating information about NTBCC but may also be used to seek residents’ views on local issues.


Transport convenor’s report

Canonmills Resurfacing

We became aware that the Council would be implementing traffic management measures in the Canonmills area including night time one-way restrictions on Canonmills from 5 June to allow various road and footpath resurfacing work to be undertaken over the next several months. We had a number of concerns about these changes which will result in southbound traffic being diverted through the New Town at night and significant nuisance for local residents as a result of the noise from the resurfacing. Following contact with local Councillors (in particular Councillor Mitchell) and the Roads department, we were notified that the works had been delayed by a week to allow further consideration of the plans. We posted information about the plans and clarifications we had received on our website to raise awareness of the work and traffic implications. We await further information from the Council on their latest plans.

Tram Works

Edinburgh Trams started taking fare paying passengers to and from Newhaven on 7 June, but there remains a significant amount of work to be completed to the public realm and various defects identified during the handover. The Council have confirmed that they will be installing tactile paving at continuous footpaths to alert the visually impaired that they are crossing a roadway. We will be having a further meeting with the Trams Team this week; but it is not clear whether this will be the last with the exception of a planned (but delayed) lessons learned meeting.

East London Street

The local residents have lodged a petition with the Council seeking support for various measures to improve East London Street in both the short and longer term. Provided that this petition receives sufficient signatures, it will hopefully be considered at the August Transport and Environment Committee meeting. The petition which is currently pending validation can be accessed at the following link. Once validated, individual residents will be able to sign the petition.

The issues on East London Street have also featured in a recent article in the Edinburgh Evening News

City Mobility Plan

The consultation on the various elements of the City Mobility Plan is continuing and will be open until 9 July. Various drop-in events around the city have been held including two at the City Arts Centre over the last weekend.

The NTBCC will be submitting a response but would encourage all members of the public living in our area to do so. As we will not be having a NTBCC meeting in July, information on our proposed response will be circulated online and once finalised posted on our website.

Experimental TRO

As reported in this month’s Transport and Environment Committee Business Bulletin, there has been a further delay to the republication of the ETRO covering the active travel measures introduced during the pandemic. Once they are republished, we will have up to six months to submit our comments.

Picardy Place

Work on the central island at Picardy Place is continuing but so far, we still have not received the requested copy of the drawings despite the Convenor of the Transport and Environment Committee requesting that they be provided! If they are not forthcoming this week, we will submit a Freedom of Information request.

Parking Dispensations

Based on the report on this subject that will be considered at the Transport and Environment Committee in response to concerns raised by Councillor Mowat, it does not appear that there are any active dispensations in our area. Under the dispensations, residents with parking permits were allowed to park in pay and display bays in their area. It is not clear why some people not living in the areas covered by these dispensations received letters from the Council advising them that they were being withdrawn. If the recommendations in the report are approved the dispensations will be withdrawn in August.

Prepared by Mike Birch
11 June 2023

Environment convenor’s report

No report issued

Licensing convenor’s report

licensing report 2023_06.pdf

Culture and Communities convenor’s report

No report issued

Planning convenor’s report

Weekly Lists – Overview

It continues to be relatively quiet in terms of significant new applications coming forwards over the past few months, with little to note, barring the previously flagged redevelopment at 104-106 & 107-108 Princess St (former next / Zara / Russell & Bromley stores). Other significant applications (or pre-applications) are also for hotel / aparthotel development (11 – 15 Thistle Street 23/01739/FUL & 23/01740/LBC) & an emerging proposal for 19 Hanover Street / Rose Street Lane South).

There continue to be a few applications relating to Short Term Lets – mostly seeking confirmation of a continuous 10 year operation (which would be granted under the Certificate of Lawfulness Existing legislation – tagged by CEC as CLESTL applications).

There have been a smaller number of either new or retrospective STL applications (but falling short of the 10 year continuous operation) with the vast majority being refused (or withdrawn) [under existing LDP policy Hou 7 or more recently, under the new NPF Policy 30e, parts (i) or (ii)].

As discussed in April – this is due to 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.

There have also been a number of unsuccessful appeals for /FULSTL applications submitted to DPEA.

1. 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.

Although the DPEA appeal process is essentially between the Appellant & the Local Authority (Edinburgh Council), we have continue to liaise with the various residents’ groups following this appeal, although the ability to register any further comments for 3rd parties (aka ‘Interested Parties’) has now passed.

Although appeals against non-determination to DPEA are relatively infrequent & hence NTBCC’s experience of these is limited, it would appear that the various submissions from both the Appellant and the local authority have not been without issue. The appellant appears to have attempted to amend the scheme to be determined by the Reporter even though it is clear that the determination should be based on the original application as submitted and the Council (as the local authority) has been less than forthcoming on providing additional information (e.g. an assessment of the proposal vs. NPF4 which is clearly now a material consideration).

However, all NTBCC and the residents’ groups can now do is to observe from the sidelines and hope that the Reporter continues to follow due process and flag to the appellant / council where she does not think this is being carried out correctly. The appeal decision is expected imminently.

Several other applications are also now with DPEA including :

1. Enforcement Notice appeal for continuing unauthorised STL operation at 11 Marshall’s Court – this appeal has been dismissed.

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.

This appeal is still being determined.

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 having a materially detrimental effect on the living conditions and amenity of nearby residents.

The Report of Handling from the CEC Planning officer also stated that “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 did not make a further submission to DPEA as our original objection covered all of the concerns raised by local residents.

No further visible progress since the accompanied site inspection on 25 April. It will be interesting to see how NPF4 (Policy 30e) is applied to this proposal as it clearly represents a loss of residential housing as the permission granted a few years ago was for residential use.

2. Applications Determined

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 to the (original &) amended application, highlighting continued concerns being expressed by local residents to this new application. Also I would note the contradictory views from HES & EWHT in terms of impact on the WHS Outstanding Universal Value (HES assessing negligible impact but EWHT stating that there was an impact).

NTBCC attended the hearing along with 2 other local residents (or their agent).

This application was somewhat surprisingly (but welcomed) refused by the Development Management Sub-Committee after a tied decision but with the DMSC Convenor’s casting vote ultimately supporting refusal.

3. Applications Currently Being Assessed (but closed to comments)

Former Smithies Public House & Adjoining Land (23/01201/FUL)

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”.

There were 10 objections lodged – status ‘Awaiting Assessment’ but an addendum to the Planning statement has been lodged following a request from CEC to assess the impact of NPF4 in terms of supporting the demolition of the existing building (which from NTBCC’s perspective, provides little or no contribution to the area).

Former Hertz Car Hire Premises – 10 Picardy Place (23/01789/FUL, 23/01788/LBC and 23/01787/CON).

NTBCC attended a pre-application consultation on the proposal for convert the above premises into a 51 bed hotel at 10 Picardy Place – directly adjacent to another previously approved hotel at 12 – 14 Picardy Place (currently undergoing a soft-strip).

The current building internals had been extensively modified to allow vehicle storage on the upper floors, complete with a car lift at street level. NTBCC’s initial view is that a hotel at this location is acceptable and the majority of the modifications are a significant improvement on the current building (including extending the railings , basement well at 12 – 14 Picardy Place further to the west.

NTBCC submitted a representation accepting the proposed change of use & welcoming the refurbishment of the building.

1 Broughton Market – Proposal for Serviced Apartments (23/01473/FULSTL)

Proposal for “Change of use to transform existing office accommodation into serviced apartments. Addition of a rooftop extension, and staircase on east side of building.”

Period for comments now closed (2 June 2023) but 13 comments submitted (11 objecting). NTBCC did not make a representation.

5 – 6 Marshall’s Court (21/06219/FUL)

The long-running story continues…..it has been an interesting application from a process standpoint but the applicant has now withdrawn the above application.

Floodlights (Luminaires) at Drummond Tennis Club (23/00838/FUL)

As discussed in April, NTBCC submitted a representation supporting residents’ objection to this. Although there may be limited benefits for the users of the tennis club, the disbenefits to surrounding neighbours outweigh these benefits. Over 100 objections lodged. Status : Awaiting Assessment.

4. New Applications

PBSA Proposal at Dunedin Street (23/02153/FUL)

NTBCC attended a pre-application discussion with the developer in April and the proposal was covered in late May by the Broughton Spurtle here.

The application has now been lodged and open for comments until 15 June. Currently, 2 comments submitted – both objecting.

NTBCC’s view is that this is a more acceptable location than some others for a PBSA development and the proposed architecture improves the view from Broughton Road across the existing play area as well as the longer views to the west along Dunedin Street. Proposal would be to submit a representation (neutral stance) raising some concerns with the detail of the proposal.

Pre-Consultation on Hotel / ‘Tea-room’ proposal at 19 Hanover St / Rose Street Lane South 

Application expected to be lodged in the next few weeks – will assess the proposal once the application is lodged.

Richard Price

12 June 2023