Minutes of New Town & Broughton Community Council’s ordinary meeting, held via Zoom, on Monday 10 October 2022 at 7pm

Actions and decisions are red italic. ND (‘no dissent’) means that no-one spoke or voted against a decision.

1 Welcome/Admin/Apologies

1.a Attendance

Simon Baig	NTBCC	Peter Williamson	NTBCC
Mike Birch	NTBCC	Bruce Ryan	Minutes secretary
Annick Gaillard	NTBCC	Cllr Jule Bandel*	Inverleith ward
Stephen Hajducki	NTBCC	Cllr Jack Caldwell	Leith Walk ward
Deirdre Henderson	NTBCC	Cllr Max Mitchell	Inverleith ward
Jack Hugh	NTBCC	Cllr Jo Mowat	City Centre ward
Ken Lochrie	NTBCC	Deidre Brock MP	Edinburgh North and Leith
Carol Nimmo	NTBCC	Alan McIntosh	Broughton Spurtle
Richard Price	NTBCC	8 residents/visitors

* Cllr Bandel attended part of the meeting.

1.b Apologies

Laura Graham	NTBCC	David Renton	NTBCC	Angus Robertson MSP	Edinburgh Central
Simon Holledge	NTBCC	Cllr Claire Miller	City Centre ward	Ben Macpherson MSP	Edinburgh Northern and Leith

2 Minutes of 26^th September 2022 meeting and matters arising

Accepted as-is (Proposed R Price, seconded M Birch, ND)

• Action: NTBCC to complete Edinburgh World Heritage Trust management plan ‘place standard’ questionnaire (meeting at 7pm on 12 October, Broughton St Mary’s Church)
• A resident: Residents’ associations should apply to join EWH in time to become voting members for EWH AGM (5 December). This would enable the community to have more influence on EWH.
  • Great King St Association has appointed its representative to EWH, but has not received confirmation of his acceptance by EWH.
• Action: M Birch to circulate application form to residents’ associations.

3 NTBCC membership update & welcome to the Moray Feu Neighbourhood Association

• Moray Feu Neighbourhood Association and its representative (Simon Baig) were welcomed to NTBCC.
• R Price: NTBCC can have up to 16 elected or co-opted members and 8 representatives of ‘local interest groups’. It currently has 2 vacancies for elected/co-opted members and 1 LIG vacancy.
  • LIG representatives are approved by CEC.
  • Also, Fettes Row and Royal Crescent Association needs to name its representative.
  • Detail of NTBCC membership is at at https://www.ntbcc.org.uk/about.
  • CCs can also have non-voting ‘associate’ members. This might be useful if more than 8 LIGs wish to join NTBCC.
• C Nimmo: NTBCC would welcome further community representation so it can speak and act on residents’ behalves.

4 Police report

• C Nimmo: no police report has been received. This may be because police cannot use Zoom. However, the November meeting will be in-person, so police may attend that.
  • Action: NTBCC to discuss (ideally with police) desired report content at November meeting

5 Licensing

5.a Update on issues outlined at September meeting and subsequent licensing report as issued

• See also licensing report in September minutes.
• C Nimmo: Edinburgh Licensing Forum has restarted, NTBCC licensing convenor (A Gaillard) is a member.
• R Price: there is a further consultation on short-term lets, and a consultation on overprovision. Their deadlines are in December.
• Action: A Gaillard to coordinate NTBCC’s responses to these consultations.

6 Transport

All points made by M Birch unless otherwise noted.

6.a East London Street – presentation by ELS residents and Lothian Buses

• The current tram-work diversions are adding to problems in NTBCC’s area (not just in ELS).
• ELS resident:
  • We are grateful for NTBCC’s support. We have had problems for over 3 years.
  • We wish there to be no buses on ELS between 7pm and 7am. (NTBCC members supported this aim.)
  • Lothian Buses had promised to reduce traffic to 50 buses per day but 3 months later there are 50 per hour.
  • Hence ELS residents are considering disruptive action as a last resort – other methods have not worked.
• S Baig/ a resident (via chat): there are similar problems in Great Stuart St (articulated lorries) and Great King St (buses). In GKS, buses frequently break speed limits.
• Cllr Mowat: an acoustics consultant has now been appointed: work will be undertaken after the current diversion is finished. Traffic counts may also be undertaken, but this may only be done after tram construction is complete, so there is full access to Leith Walk. A driver shortage means that buses are returning to the depot more frequently.
  • Action: Cllr Mowat to forward emails about this to M Birch.
  • I raised this issue with Lothian Buses last week. LB’s response was that the current diversion prevents any action. (The diversion is due to last a further 5 weeks.) There needs to be consideration of post-construction circumstances, including future road closures, given that the Annandale St depot will remain.
• R Price: due to the diversion, there is now a bus stop on East London St. I observed on Saturday night 7 buses queuing at this stop. (2 were in service, 5 out of service.)
• A resident: CEC owns LB, so why is it not insisting that LB does what it (i.e. residents) want?
• M Birch: some short-term matters are outwith LB’s control, but this is a longstanding issue. There had been significant reductions in out-of-service buses on ELS but this issue is recurring at an unacceptable level. There is speeding on a street that has a primary school. (Has Police Scotland undertaken speed surveys? LB has said it has instructed drivers not to speed.) LB needs to stop hiding behind excuses, and action by CEC is needed.
  • It would be welcome if the local press publicises this issue..
• D Brock MP: I’m due to meet with LB management this month so I will raise this issue with them.
  • Action: ELS resident to inform the MP about current state of this issue.
• Cllr Bandel: I am a new member of Transport for Edinburgh’s board (representing CEC) so am not an expert. This matter has not been raised at TfE board meetings.
  • Action: Cllr Nandel to raise this issue at next TfE board meeting.
  • Action: ELS resident and M Birch to inform her of current circumstances.

6.b Impact of diversions due to latest Tram Works (bit.ly/3ygKpmK)

• CCTT is meeting with Trams Team this week, and looks forward to an update on the closure.
  • R Price: road resurfacing is happening. Leith Walk junctions with Union St and Gayfield are currently closed.
• S Hajducki: the traffic queues on Broughton St have vanished.

6.c Participation request

• This has resulted in meetings with CEC officials. First is this Thursday.

6.d EV charging – status update

• Most chargers on East London St and Heriot Row are now working, but seem to be little used. There is no more funding for CEC-provided chargers so private funding is being sought. CEC has agreed to engage with heritage bdies and communities on site and design of future chargers.
  • A resident: CEC’s decision to undertake a strategy study is welcome. New technologies will affect how charging is provided. There are questions about how power will be sent to chargers. Future car batteries may be replaceable, enabling charging them at home and making on-street chargers redundant. There may be hydrogen-fuelled cars.
• Cllr Mowat: CEC has agreed to look more holistically at this matter, and should facilitate use of community ideas. This report is due in November.

7 Planning

See also R Price’s planning notes in appendix 1. All points made by R Price unless otherwise noted.

• Marshall’s Court: the deadline for comments on the new application has been extended. NTBCC will submit comments focusing on the sunlight/daylight analysis and impacts on Greenside.
  • A local resident: the report says this street is a mews, but this is untrue. There is no space for bins. The development would bring too many people into this small area, and would destroy heritage views.
  • A Blenheim Place resident: as well as the lighting issue, there would be extra noise. Roads here are narrow, so there would be access issues. The site has been derelict for 60 years, so something is needed – but not this.
• St James Square/Bar Hütte: a new application has been made – it will be determined after 4 November.
• BT street hubs: there is an application to replace 2 phone boxes at bottom of Dundas St with hubs providing advertising, wifi and emergency calls. These require two applications: normal/full planning and advertising consent. CEC plannjng has refused all of these. Appeals on full applications (which are made to the local review body: cllrs who are members of DMSC) have been refused. Some appeals on advertising consent (made to the Scottish Government reporter) have resulted in decisions being overturned. The Dundas St appeal is currently being assessed.
• Demolition and development of 108-116 Dundas St: a new application has been made. Meetings with local residents are planned. NTBCC has not yet been invited.
• listed building and conservation areas guidance: CEC has issued new guidance that tries to tackle some contradictions between CEC’s ‘net zero’ aim and (inaudible).
• Edinburgh’s Christmas: there are applications for east and west Princes St Gardens and an ice-rink on George St. Comments can be made up to 28 October but operation is due to start in November, so the consultation is likely to be concise.
  • S Hajdicki: the organisers were given 24 hours by CEC to make these application. They seek consent for 5 years of operations. There is nothing about these applications that celebrates Edinburgh’s uniqueness.
  • M Birch: as shown in recent consultations etc, these events should be on hard standing, not grass.
  • Cllr Mowat: the original contract has fallen through, so a new one has been let. Details have not yet emerged: there may be some scaling back. I agree with NTBCC’s opinion.
  • Cllr Miller: I and Cllr Mowat will attend the all-party oversight group on Tuesday. We will report back from that.
  • R Price: the applications are broadly the same last year’s, which were approved generally as-is.

8 Environment – discussion following T&E Committee meeting on 6 October

8.a Update from T&E Committee report on Communal Bin Hub Review (Phase 3,4 & 5)

• M Birch: Only the World Heritage parts of the city centre have been deferred to phase 5. Other parts stay in phase 4.
  • Cllr Mitchell: Stockbrige and Canonmils parts outwith EWH are included in the existing programme.
  • Cllr Caldwell: I made a deputation to TEC because the phases do not reflect local concerns. There were some helpful cross-party amendments to enable reporting of issues. We need to understand how performance and issues will be measured.
  • A resident: evidence shows that CEC needs to entirely rethink its approach to recycling

8.b Proposed ‘Option 3 Design Development’ outline as circulated for Picardy Place

• P 0illiamson: there is now a set of proposals, and a ‘you said we did’. I have circulated these to NTBCC. I do not know whether further comments will have effect. The engagement event showed that local people were better informed than Atkins (the designers), which has taken in some local comment. CEC has been reluctant to enable wider engagement. Personally, some parts of the proposals are OK.
  • C Nimmo: D Henderson has noted some of the flaws in the design, e.g. about road-crossings and accessibility.
  • A McIntosh: the plans seem to include to be extensive planting, which matches local comments. The drawings do not show whether these are trees or bushes/shrubs.
  • M Birch: the participation request meeting will cover Picardy Place. I suspect that planting is not yet decided – deciding on hard landscaping is needed first.
• M Birch: TEC papers were not posted as normal, making it difficult for all to access them.
  • Cllr Mowat: this problem was resolved today.
  • MB: papers that were held up in this way should be retrospectively posted as normal. Other papers from during lockdown have not been published.
  • Action: Cllrs Mowat and Caldwell to chase this.

8.c George Street & First New Town project – agree any further steps to be taken by NTBCC

• D Henderson: I have asked the Equalities and Human Rights Commission to review the integrated impact assessment.
  • The women’s audit is deficient: it does not cover all possible danger zones, or include crime statistics.

9 Discussions

9.a EWH Management Plan – pre Place Standard completion on October 12th

• C Nimmo: NTBCC will use EWH’s place standard tool, but could go beyond this. It is important that residents’ associations are invited to and can vote at EWH’s AGM. The next EWH plan might last more than 5 years.
• A resident: the bins group has noted how EWH has (not) considered bin issues. My residents’ association welcomed EWH’s director/chief executive at its AGM. She agrees with the need to involve the community, and for the future management plan to be dynamic, i.e. able to respond to emerging issues, e.g. bus issues, COVID, electric vehicles.
  • The 2017 plan mentioned a ‘council of moderators’ comprising HES, CEC, EWH. Relevant CCs should be full, continuously-involved partners in this, as they are for example in Bath. (This is supported by principle 4 of the UNESCO WH charter which endorses community involvement at all stages.) EWH articles of association are unlikely to meet OSCR principles, so these should be reviewed, as should appointment of directors and their impact on EWH’s activities. EWH should move on from considering individual buildings.
• A McIntosh: the 2017 report had radical proposals for Calton Hill but nothing has happened. Instead, footfall and damage are increasing, so the proposals should be revisited.
• C Nimmo: the consultation for individuals will be via CEC consultation hub.
• Action: C Nimmo to circulate place standard tool to residents’ associations. (Some cannot attend Wednesday’s meeting.)

9.b Mixed recycling – process, sustainability & value via 3^rd party operator (Biffa)

• A resident: thanks to Fiona Varla for her work in this area. She led a visit to Biffa (Broxburn) in August. The key lesson is that recycling needs to be separated and clean, e.g. no greasy pizza boxes or dirty yoghurt pots in ‘card’ recycling.
• Because CEC recycling is not clean, Biffa charges it £200/tonne, but other councils who have clean recycling are paid more than £150 per tonne. Hence my residents’ association is trying to educate residents. Further, communal bins do not support recycling that pays councils, so the whole CEC communal bin system needs a complete rethink. Biffa’s manager would welcome engagement with NTBCC and CEC. Thanks also to Cllr Mowat for her support in this context.
  • M Birch: Cllr Caldwell raised some good points in his deputation, including CEC’s lack of understanding of potential gains. Communal bins can produce more recycling but do not necessarily produce better Decisions from 5 years ago do not take account of the economics of waste management or current legislative changes
  • Cllr Mowat: it is much easier to sort and handle recycling from individual housing than from tenements. Edinburgh is not the same as the other councils mentioned, but this does not mean Edinburgh should not try to do better.
  • Action: Cllr Mowat to facilitate a meeting between NTBCC, Biffa and CEC officials, or a visit to Biffa.

10 Any other business; news from local resident’ associations etc

No discussion

11 Appendix 1: NTBCC Planning Notes – October 2022

Items with * to be briefly discussed at October NTBCC meeting

11.a Existing applications

11.a.i 72 /74 Eyre Place – revised applications (22/03833/FUL & 22/03834/FUL)

No further updates – both applications still ‘Awaiting assessment’.

11.a.ii 7 – 29 Beaverhall Road (HUB) aka ‘Beaverhall House (22/01654/FUL)

No further updates – both applications still ‘Awaiting assessment’.

11.a.iii 5 – 6 Marshall’s Court (21/06219/FUL) *

“Development of 19 new residential flats, cycle parking provision, associated works and infrastructure”.

This application had the status of “Awaiting Assessment for a few months after the original period for comments closed until recently but, for reasons that are not entirely clear to NTBCC, has been reopened for comments again. There have been some late objections that have been accepted as well as a Daylight / Sunlight Analysis document lodged.

NTBCC did not make a representation to this application as the local informal residents’ group had already submitted a detailed response.The previous application (20/00486/FUL) for 25 flats was refused – NTBCC had objected to the 2020 application.

This was also the subject of a recent discussion by another local resident on alternatives for the site at NTBCC’s June meeting.

Update: as stated at September’s NTBCC – application re-opened for comments until Tuesday 11 October. Several residents have contacted NTBCC about this so currently minded to submit a representation.

11.a.iv St James Outdoor ‘Entertainment ‘ Area

22/02035/FUL Proposed Festival Event Space At St James Square Edinburgh : “Erection of temporary structures and enclosures, including Spiegeltent and bar, and other associated works to facilitate use of St James Square as an external events space”.

This was a request for permission in perpetuity. NTBCC submitted a representation, objecting to this application as presented. This application followed on from 21/05177/FUL, which sought permission to use St James Square as a festive events space for 8-10 weeks (installation & removal time included) for four years 2021/22, 2022/23, 2023/24 and 2024/25.

NTBCC expressed concerns at the time, with regards to the impact on residential amenity of the close neighbours in the listed tenement block at 23-26 St James Square. While we were supportive of an events space with the new St James Quarter, we urged that a reduced duration was considered for the facility, so as to allow for a ‘trial’ Christmas event for 2021/22.

Similar concerns were also raised by CEC Environmental Protection and permission was granted for the period of the first year i.e. 2021/22 only – with several conditions (“The applicant to confirm to the planning authority within 7 days of the decision that an acoustic consultant has been appointed to carry out a Noise Impact Assessment including the correlation of any noise complaints.

The expected standard to be achieved would be that all noise from the proposed development meets NR15 when assessed from the nearest noise sensitive premise, with the window slightly open.”

The current (22/02305/FUL) application did include a NIA which did indicate an unacceptable impact from noise on neighbouring residents which could not be adequately mitigated. Although the facility operated during August under the ’28 day rule’ – it was refused in September 2022.

11.a.v OMNI centre Edinburgh Food market

New application submitted by LBA for the Edinburgh Street Food project at the Omni Centre, converting units 6 & 7 into a street food market hall with 10 kitchen vendors, coffee shop & 2 internal bars. The interior layout remains unchanged from the previous withdrawn application, but includes a new canopy design & layout for the external dining area.

Application approved under delegated authority. No submission from NTBCC.

Rumoured to be opening in February 2023?

11.b New applications

11.b.i Event Space at St James Square – Bar Hutte *

22/04715/FUL 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). Proposed Festival Event Space At St James Square Edinburgh

An application announcing the return of Bar Hutte for an extended period pre-Christmas and into 2023. 13 karaoke huts, a bar and an extended tented structure but no external stage.

Set-up : 28 October 2022 – 4 November2022

Operating Dates : 10 November to 2 January 2023

Take-down : 3 January 2023 – 7 January 2023

Final date for comments is 4 November (with determination target 4 December).

It will probably operate (as is becoming a normal modus operandi) under the ’28 day rule’. Local residents are fully aware.

11.b.ii Edinburgh Christmas Markets (for 2022 & beyond) *

• East Princes Street Garden (22/04917/FUL

Temporary use of public gardens /hardstanding for big wheel /associated rides /attractions (5 No.); including carousels /fun flyer /techno base; food /craft concession stall; public toilet /waste facilities; entrance features; boundary treatment; ancillary offices /stores; info signage. Maintenance of pedestrian routes. Temporary /recurring for 5 years.

East Princes Street Gardens Princes Street Edinburgh

(Final date for comments Friday 28 October)

• West Princes Street Gardens (22/04921/FUL)

Temporary change of use and siting of performance units, catering units and other associated moveable structures for Edinburgh’s Christmas Festival. Recurring Period of 5 Years.

West Princes Street Gardens Princes Street Edinburgh

(Final date for comments Friday 28 October)

• George Street (22/04920/FUL)

Christmas Market George Street Edinburgh – Erection of ice rink including viewing /seating; sculpture; star flyer; bar and covered seating area; 5 food trader stalls; offices; first aid area and toilets; ancillary storage and generator. Pedestrian walkway retained to southern edge of site. Temporary Period (5 Years).

(Final date for comments Friday 28 October)

11.b.iii BT Street Hub (Dundas Street) & General *

A raft of applications for BT Street Hubs were lodged by BT (via their Agent Solution 30) for ‘street hubs’ – in most cases, replacing existing BT Phone Kiosks. These required a /FUL application as well as a /ADV application as the proposed facilities included a large static (but constantly changing) LED screen as well as other facilities. The /FUL for Dundas Street was refused, along with ~10 others across Edinburgh by delegated authority but most of these have now been appealed to the Local Review Body. The accompanying /ADV applications were also refused (determination is against more limited regulations) and again – the majority of these, including that for Dundas Street have been appealed to DPEA.

NTBCC’s objection to the Dundas Street BT Street Hub application has been posted on the website.

• October Update

Many of the other areas have been appealed – the /FUL applications (as determined initially by delegated authority) to the Council’s Local Review Body but not including as yet the Dundas Street application and the LRB supported the officer’s decision to refuse.

The associated /ADV applications (determined against more specific regulations and not LDP policies) are being appealed to DPEA as governed by a different process. To date, 3 refusals (again not including Dundas Street) have been overturned and the appeals allowed.

11.b.iv 108 – 114, 116 Dundas Street *

Local residents have been contacted indirectly regarding a new application, addressing the concerns addressed by the Reporter is his Decision Notice, supporting refusal of the previous application.

I understand that there is a planned discussion with local residents (120 Dundas Street) on 18^th October.

No formal communication with NTBCC as yet regarding this.

11.b.v Proposed Changes to Planning Fees

Recent communication from CEC Planning on proposal to include a surcharge to planning fees (+25%) for any retrospective applications. The majority of these probably relate to retrospective Short Term lets (STLs).

11.b.vi New Scottish Government Guidance on Pre-application Notices (PANs)

Previously, a minimum of one event was required to take place; however, for Planning Application Notices (PAN) submitted after 1st October 2022, there will now need to be two in-person events.

“Applicants will be expected to provide feedback on comments regarding the proposed development. Each exhibition/event must be press advertised with a statutory notice at least one week before. Events must be a minimum of 14 days apart.

The changes also introduce a time limit of 18 months, within which an application must be submitted.

Applicants must submit a (PAN) at least 12 weeks before the planning application submission.”

11.b.vii New “Guidance for Listed Buildings & Conservation Area” (issued October 2022) *

Includes more definition on narrow profile glazing and roof terraces.

Having looked at it briefly, there are a number of questions / clarifications that would be helpful e.g. photovoltaic panels on the roofs of listed buildings & I will contact Planning Edinburgh for further information.

The full document can be viewed here https://planningedinburgh.com

Prepared by Richard Price, 26 September 2022 update with a further update 10 October.