LCCC February 2024 minutes

Minutes of Leith Central Community Council ordinary meeting, at Nelson Hall, McDonald Road Library, on Monday 19 February 2023 at 7:00pm

Actions and decisions are red italic. nem con means that no-one spoke or voted against a decision.

1 Welcome, introductions, attendance, apologies

1.a Present, apologies

Jun(AGM)

Jul

Aug

Sep

Oct

Nov

Dec

Jan

Feb

Mar

Apr

May

Voting members

Zoe Curry

No meeting

Alan Dudley

Charlotte Encombe

Pierre Forissier

Nick Gardner

Sheila Kennedy

Ian Mowat

Alex Ortiz

Harald Tobermann

John Wilkinson

Non-voting members

Bruce Ryan

Cllr Jack Caldwell

Cllr James Dalgleish

Cllr Amy McNeese-Mechan

Cllr Susan Rae

Ben Macpherson MSP

Deidre Brock MP

Number of others attending

18*

P = present, A = apology, X = neither present nor sent apology, NA = not applicable

Including Alan McIntosh (Broughton Spurtle)

1.b to note: declarations of interest in any items on the agenda

items 5.a and 5.c: H Tobermann and C Encombe both live quite near to 11 Pilrig St.

1.c to agree: order of business below

agreed

2 Approval of minutes of the ordinary LCCC meeting on 15 January 2024

Approved subject to correction of contribution amount in item 6.d (proposed A Dudley, seconded P Forissier, nem con)

3 Matters arising from previous minutes (and not included on agenda below)

Item	Actor	Action	Progress
4.a.i	B Ryan	circulate community police email address	complete
6.a	H Tobermann	watch for enforcement actually being escalated at 11 Pilrig St	item 5 below
6.d	P Foressier, Cllr Caldwell	to catch up about Ashley Place and Arthur St	in progress
6.d	LCCC	Engage with other CCs on Edinburgh-wide planning issues	item 5 below
8.b	H Tobermann	ask Water of Leith Conservation Trust to keep footpaths open whenever possible	item 7 below
9.a	S Kennedy	Object to tattoo licence application due to overprovision, and attend the 29 Jan licensing meeting	item 8 below
10.a	LCCC	Advertise for new members (due to impending retirement of chair and secretary) in Spurtle	in progress
10.c	LCCC	LCCC to become associate member of EBUG	complete

4 Policing matters

4.a to note: local (ward) Police Report February 2024

This was noted, as was the non-attendance of police at this meeting.

4.b to note: verbal update on (some) progress with Balfour Court parking/intimidation issue

A resident: police have been towing away offending cars.
- H Tobermann: police are just now completing paperwork resulting from clamping 10 vehicles, seizing 5 other vehicles, warning 7 drivers, dealing with 20 abandoned vehicles. In summary, police are taking relevant action. However, no charges have been laid following reports of intimidation by operators of illegal garages, perhaps due to residents not insisting on charges. CEC Planning needs to ensure that it is clear what can and cannot happen on developments.

4.c to note: letter 23/1/24 Superintendent Edinburgh Division to EACC

H Tobermann: this is the police’s reaction to EACC’s note that police are not attending CC meetings. LCCC should ask police to summary crime-levels by postcode or other CC-relevant area sizes. See the link in item 4.c.ii.
- Action: H Tobermann to write to LCCC’s MSP asking for this.

4.c.i to note: Edinburgh Division’s Local Area Commander for the North West: Chief Inspector Neil Wilson

noted

4.c.ii to note: quarterly management information by council area

noted

5 Planning

5.a to note: update on enforcement case against owner/operator of 11 Pilrig Street (unauthorised conversion of a listed building and change of use)

H Tobermann: this issue started in September 2022. CEC has followed rules/legislation, but these seem not to be robust enough to deal with the situation, while the owner is benefitting from unwarranted rental income and use of aliases.

5.b to note: CEC response to court case on short term lets (January 2024)

Cllrs Dalgleish and Caldwell: CEC’s blanket approach to STLs was disallowed by this court case. CEC has updated its guidance to meet this legal ruling. A report will come to committee in April stating the recommendations of a group of STL businesses, which are not represented on other relevant CEC structures. This should lead to a clear policy direction.
- Applications received after 5 September are being processed.
- To apply for an STL license, an operator needs either planning consent or proof of having applied for this.
- It is an offense (possibly civil rather than criminal) to operate without the above application or consent.

5.c to note: New annexe to existing guest house @ 36 Pilrig Street (23/07203/FUL)

C Encombe: this would be 5-bedroom annexe that would exit onto Spey St Lane.
- J Wilkinson: there is at least one objection to this application. A nearby application was refused due to sewer issues.
- Cllr Rae: this was refused because it was not possible for construction materials to be brought on site, so the current application is likely to be refused for the same reason.
- Action: P Forissier to submit LCCC’s objection. (C Encombe will submit a personal objection.)

5.d to note: status of current planning applications (February 2024)

This was noted.
S Kennedy: an application for 249-253 Leith Walk (change of use from class 1 [shop] to class 3 [restaurant]) was refused because the change might be detrimental to residents and the application did not have a noise assessment. However, a new application has been submitted, but this only covers interior noise, and states the premises would become a takeaway. Residents already suffer from noise from an existing nearby takeaway. Hence, In P Foressier’s absence I have submitted an objection – the tenement door would have takeaways on either side, leading to noise and smell nuisances.
- Action: P Foressier to ask for information about the differences between restaurants and takeaways in planning use-classes.

5.e to note: (approvingly) Under One Roof, a Scottish charity providing information on tenement maintenance, management and retrofitting

This was noted, with a resident stating that this organisation is ‘fantastic’.

5.f to note: verbal update on LCCC’s concerns about serious planning issues in Edinburgh (CEC response)

H Tobermann: this harks back to previous engagements with CEC planning. Leith Links, Leith Harbour & Newhaven and New Town & Broughton CCs have reacted positively to LCCC’s outreach, as has the Cockburn Association and EACC, which invited all Edinburgh CCs to take part in a Planning Network Group – see item 5.f.i.

5.f.i to agree: to participate in proposed Planning Network Group

P Foressier: CEC planning is overwhelmed, and is now not engaging with architects. It may be prioritising big developments and rushing matters, despite CEC employing more officers to cover short-term lets. It appears to be mishandling retroactive ‘non-material’ changes to applications, e.g. in a recent development in Iona St where planned residential housing became student accommodation.
- Cllr Rae: CEC was swamped with STL applications.
P Foressier: hence LCCC held a pre-meeting to decide how to engage with CEC’s head of planning.
- A resident: a court case in England found that changes similar to those in the Iona St plans were illegal.
- C Encombe: the proposed planning network group would pressure CEC to be more transparent around planning.
- H Tobermann: CEC planning is regularly making clerical errors, implying serious deficiencies due to lack of resources.
Decision: LCCC to join planning network group.

5.g to note: any other Planning matters relevant to LCCC area

5.g.i Manderston St bingo hall

A resident: this planning application was supposed to be submitted this month. However, it will not be a /FUL application, potentially because the developers fear wider notification.
- Cllr Caldwell: LCCC should monitor weekly lists of planning applications. This site is not a major development because it is under 0·25 hectares, so only properties within 20 meters will be notified.
- A resident: there is precedent of planning applications being permitted before notification occurs.
- H Tobermann: this is another example of the deficiencies mentioned previously. LCCC and other interested parties can arrange to receive planning portal notifications for relevant postcodes.

6 Transport and clean streets

6.a The Trams to Newhaven Project is not finished

6.a.i to note: outstanding issues notified to CEC officers and councillors

These issues were noted, as was CCTT’s pressuring of CEC for transparency in advance of the April TEC meeting.

6.a.ii to note: Elm Row cycleway – proposed change

H Tobermann: the current layout has two one-way cycle-lanes, so that bus passengers have to cross both to get to a narrow platform. During tram construction, the tram team agreed in writing to review the layout later, because it would have been too expensive to change during construction. In January, changes involving moving both lanes to be side-by-side, away from the bus stop, were discussed. These would also affect parking spaces. Any changes are subject to CEC finding funding and opportunities in is works programmes.
- A resident: will the absence of parking restrictions/enforcement remain until such works are finished?
- Cllr Caldwell: I understand that a TRO is due in March.
- Action: H Tobermann to write to CEC, asking about this.

6.b to note: verbal update on Dalmeny Street pavement works

H Tobermann: pavements here between Leith Walk and Easter Rd were renewed a year ago, with CEC having promised ~5 years ago that side streets would be improved. Pavement work was finished today but the result is very poor.

6.c to note: local complaints about bin hub locations in Wellington Street

Residents: for over 15 years, bins were stationed on traffic-calming build-outs (~9m long, extending ~6m into the road) on both sides of the road, halfway along it. However, these build-outs are now classified as pavement, so cannot now be used for bins, despite this location enabling full use of actual pavements. Bins are now being placed elsewhere, forcing some residents to cross the street to use them, while traffic levels have increased, leading to safety concerns. The bins are now less than 5m from houses, contrary to retained EU law. Bins are now right outside our houses, and taking up parking places, which are already in short supply. Residents are not against bins per se, but against their current poor location, and CEC’s disdain. Glass recycling should not be sited in residential areas.
- Cllrs Dalgleish and Caldwell: we have visited the area and understand the current frustration. We have been unable to obtain a substantive response from relevant CEC officials.
- H Tobermann: bin-locations were decided remotely, using online maps and one-size-fits-all rules rather than local knowledge.
- P Foressier: LCCC may be able to ask for a formal review – CEC officials have been very dismissive of CCs’ concerns.
- Cllrs Caldwell, Rae: CEC policies on bin locations and review thereof is very poor; glass recycling causes much noise.
- H Tobermann: the strongest argument against the new bin location is that the build-outs were fully accessible for both residents and refuse workers.
- Action: P Foressier to write to CEC supporting residents.
  - H Tobermann dissented, noting that wherever bins are they will be in front of one home or another.

6.d to note: intention for CEC to promote a TRO (24-02) for N7 (inter alia) to add N7 private roads to the Order and amend Schedule 3 to extent permit entitlement to all roads within the colonies, to ensure that Shaw’s Place, Shaw’s Street and Shaw’s Terrace are all entitled to 1 permit per household

H Tobermann: this is overdue but good news. It will take effect after the TRO has been published, so will around 6 months.

6.e to note: any other Transport and clean streets matters relevant to LCCC area

6.e.i McDonald Rd/Broughton Rd junction

A resident of McDonald Rd, who is a chartered civil (roads) engineer: CEC proposes to introduce Sustrans-funded road/cycle safety measures at this junction, impinging on LCCC’s area. While active travel measures are generally welcome, these measures would waste money because constructors’ vehicles involved in planned substantial development nearby would erase road-markings. Hence the measures should be deferred until development is complete. Also, work on McDonald Rd seems to be ever-present – joined-up working is urgently needed.
- A Mcintosh: I understand that such deferment is planned to 2027 at the earliest. However, they may not be necessary because the developments would be car-free. However, there is lack of transparency around current plans.
- H Tobermann: I am very concerned that CEC has not published for over 2 years a Sustrans-funded feasibility study of the converting the nearby disused railway into a cycle route, thus also wasting public money. Hence Sustrans should not give CEC further public money for the McDonald/Broughton work. There seems to be very poor governance of Sustrans’ funding of public projects.
- J Wilkinson: the current work at the end of McDonald Rd is on electricity supplies for the bus depot.
- Action: H Tobermann to submit an FOI request for the cycle-path report.

7 Parks and green spaces

7.a to note: (verbal) report from Friends of Pilrig Park

J Wilkinson: a recent litter pick was very popular, removing ‘vast’ amounts of rubbish.
- A resident: only a few hypodermic needles were found – a huge improvement on previous times.

7.b to note: correspondence with Water of Leith Trust re Collie Park works and path closure

H Tobermann: there has been some work to improve access, but there is still too much land-take.

7.c to note: any Parks and green spaces matters relevant to LCCC area

Cllr Caldwell: Friends of Montgomery St Park’s play-park was officially opened today. FoMSP also seeks members.
- I will ask FoMSP if it wishes to be represented on LCCC.
C Encombe: planters that are now along the tram route are another waste of public money. Who decided on them?
- Cllr Rae: it is clear that there are issues, e.g. saplings dying, due to lack of CEC thinking through possible issues.
- Residents: local people are growing useful plants in some planters. There are local growers’ groups.
- Cllr Rae: there would need to be formal agreements between such groups and CEC to maintain the planters.
- Cllr Caldwell: this is on cllrs’ radars.

8 Licensing

8.a to note: any Licensing matters relevant to LCCC area

S Kennedy: an application for street trading at Elm Row was refused, because it would have involved pavement-parking.
S Kennedy: LCCC did not object to an application for a tattooing shop, because locals prefer the relevant unit to be used.

9 LCCC Governance

9.a to note: progress of recruitment of new LCCC chair and vice chair, including response to LCCC ad in Spurtle

C Encombe: LCCC sorely needs new members. I have circulated a potential member’s CV. I confirm this person is an LCCC resident. He works with young people, who may also wish to be involved with LCCC, e.g. around social media.
- The potential new member: I will not be able to attend all meetings, due to work commitments. Joining LCCC would be part of my civic duty.
- There was discussion of co-option. It was noted that CC elections are due this year.
- Actions: LCCC members to read the CV, and make a co-option decision in March.

9.b to note: Community Council Scheme Review was approved at Full Council on 8 February: minor boundary and name changes are set out and details of the Community Council Scheme (elections, governance, conduct etc) amended

These changes were noted, including the likely introduction of term-limits for CC office-bearers.

9.c to note: any other LCCC governance issues

B Ryan, H Tobermann: we are looking into less expensive provision of LCCC’s email addresses.
C Encombe: LCCC has not posted to Facebook for several years.
- Action: Cllr Caldwell to review this, and who has posting access.

10 Open Forum (local residents)^[1]

A Haddington Place resident: public announcements from the tram stop have recently become very noisy.
- Cllr Caldwell: I have written to Transport for Edinburgh, and will keep LCCC informed of responses.
A resident: WELM’s AGM will take place at McDonald Rd library on 28^th February (6pm to 7:30)
A resident: the Stead’s place street party will be on 15 September. The sandstone wall owners are happy for a mural to be created: community consultation on this and the party will take place.

11 AOCB (LCCC members)^[2]

P Foressier: CEC planners are all working at home, contributing to loss of organisational memory and lack of access.
C Encombe: CEC is consulting on its public libraries. I will respond on behalf of LCCC.
S Kennedy: I have a key to LCCC’s noticeboard.
- There was discussion on what sort of items should be allowed on this noticcboard.

12 Bulletin

12.a Call for UK utility firms to face higher fines for ‘street scars’ on pavements (Guardian 9-2-24)

This article was noted.

13 Future meetings and planned meeting topics/presentations

2024: 18 March, 15 April, 20 May (AGM), 17 June (no meeting in July)

^[1] This agenda point allows members of the public to raise issues of public interest; during online meetings, please raise your virtual hand.

^[2] This agenda point allows LCCC members to raise issues not covered by the agenda.