Agenda item

Reference was made to article12 of the minute of meeting of the former Policy and Strategy Committee of 29 April, 2008, at which time there was under consideration a motion by Councillor Jennifer Stewart requesting that the Council consult residents of the Hazlehead Area (defined as being Hazlehead Road, Hazlehead Gardens, Hazlehead Terrace, Hazlehead Crescent, Hazlehead Place and Provost Graham Avenue) regarding the possibility that Council owned amenity land situated adjacent to their homes could be acquired or leased as individual defensible garden space.  The decision of the Committee at that time was to agree that the Council consult occupiers in the streets identified and that a report thereon, which would also contain officers’ findings in respect of the matter, be prepared.  The Committee now had before it a report in the name of the Director of Enterprise, Planning and Infrastructure which sought to discuss the implications of the motion and to highlight the many practical and policy difficulties of such a course of action.

The report at the outset advised that in a spirit of completeness, the two remaining streets within the residential area in question (Mortimer Drive and Mortimer Place), had been included in the consideration; and that the initial findings of officers had indentified a number of implications for the Council in pursuing the terms of the motion.  In particular the report identified the implications for existing planning policies related to residential areas and urban green space; for completed and committed housing improvement works; for adopted and unadopted footways; for former Council owned properties now sold and the title terms and conditions transferred; for tenants rights; and for ground maintenance procedures.

By way of illustration of the many problems that would arise, the report
(1)  described the nature of the residential scheme at Hazlehead which because of its location on the edge of Hazlehead Park, had been designed within an open plan layout and with large grassy amenity areas containing trees and shrubs;
(2)  explained how the mainly terraced dwellings were accessed from the internal service roads by a network of footpaths which run parallel or close to the buildings in such a way as none of the houses have exclusive garden ground immediately adjacent;  and (3)  explained also how the terraced housing was designed to ‘wrap around’ pocket amenity areas at the front or rear with further desire line footpaths created.  Within an appendix to the report it was demonstrated how many former Council houses had been sold under tenants’ right to buy legislation.  The major part of the report discussed the practical and policy implications identified by officers, which it was felt should be borne in mind by the Committee in its consideration of the motion.

In dealing with the observations submitted by local members and by way of a response to the concerns expressed by officers that it would not be prudent to enter into detailed consultations with residents on the options of sale or lease in the absence of indicative costs, Councillor Jennifer Stewart had suggested that the matter be progressed by means of an initial letter and questionnaire in order to gauge the level of interest and as a result of which officers may be able to calculate a ‘ballpark’ figure in respect of the likely costs involved.  The report also made reference to the existing policy adopted by the Council for the sale of small areas of amenity land which considers such applications on an individual basis and suggested that the policy should continue to apply to any residents in the Hazlehead scheme and that it should be made clear that, in a large number of cases, proposals for gardens would be unlikely to accord with those guidelines.

In response to a question, Mr Leonard estimated that the cost of the survey would be £1,500.

The report recommended:-

(a)       that the Committee agree to an initial survey being conducted by the Housing and Environmental Service with the local residents by means of an explanatory letter and questionnaire in order to gauge the level of interest in the scheme and that a further report be submitted to this Committee in due course containing the results of the survey and any other detail on the financing of such a scheme; and

(b)       that in the meantime the existing Council policy for the sale of amenity ground continue to apply to individual applications from residents.

At this point the Committee heard Councillor Jennifer Stewart who addressed the members in support of the report recommendations.

The Convener moved, seconded by Councillor Dunbar:-

            that on the clear understanding that no decision had been reached regarding the possible sale or lease of areas of amenity land at Hazlehead, the report recommendations be approved and appropriate officers authorised accordingly.

Councillor Crockett moved as an amendment, seconded by Councillor Laing:-

            that in view of the practical, legal, financial and policy implications that would arise and which were identified within the report, no further action be taken on the matter.

On a division between the motion and the amendment, there voted:-  for the motion (12) – the Convener; and Councillors Corall, Cormack, Dunbar, Farquharson, Kiddie, Leslie, McCaig, Robertson, Jennifer Stewart, Wendy Stuart and John West;  for the amendment (4) – Councillors Allan, Cassie, Crockett and Laing.

The Committee resolved:-

that the successful motion be adopted.