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ANGUS COUNCIL

MINUTE of MEETING of the ROADS COMMITTEE held in the Town and County Hall, Forfar on Tuesday 23 November 1999 at 4.35 pm.

Present: Councillors SANDY WEST, KITTY RITCHIE, Provost Mrs FRANCES E DUNCAN, FRANK ELLIS, JOHN HENDERSON, ALEX KING, STEWART McGLYNN, IAN MACKINTOSH, PETER MURPHY, ROBERT MYLES and DAVID SELFRIDGE.

Apology: An apology for absence was intimated on behalf of Councillor RICHARD SPEIRS.

Councillor WEST, Convener, in the Chair.

1. MINUTES

(a) Previous Meeting

The minute of meeting of this Committee of 14 October 1999 was approved as a correct record and signed by the Convener.

Councillor West declared an interest in the following item and took no part in the discussion thereon. Councillor Ritchie assumed the Chair.

(b) Arbroath Harbour Joint Consultative Committee

The minute of meeting of the Arbroath Harbour Joint Consultative Committee held on 12 November 1999, a copy of which is appended hereto, was submitted and noted. (APPENDIX)

2. 2000/2001 REVENUE BUDGET

There was submitted Report No 1203/99 by the Director of Finance advising the Committee of the latest position with regard to the preparation of the Roads Departmental 2000/2001 Revenue Budget and associated issues, together with a summary of the departmental provisional base budget for 2000/2001 as submitted to the Director of Finance and subsequently reviewed by the Technical Validation Group.

The Committee agreed to note the contents of the Report for its interest at this stage in the budget process and that more detailed reports with specific recommendations would be brought forward later in the budget cycle.

3. 1999/2003 FINANCIAL PLAN AND 2000/2001 CAPITAL BUDGET

There was submitted Report No 1204/99 by the Director of Finance advising the Committee of the latest position regarding the preparation of the 1999/2003 Financial Plan (incorporating the 2000/2001 Capital Budget) for the Roads Department, together with the departmental Financial Plans for 1999/2003 as returned to the Director of Finance and subsequently reviewed by the Technical Validation Group.

The Committee agreed to note the contents of the Report for its interest at this stage in the Financial Plan process and that more detailed reports with specific recommendations would be brought forward later in the Financial Plan cycle.

4. POWERS OF LOCAL AUTHORITIES TO CHARGE FOR VARIOUS ROADS RELATED FUNCTIONS

With reference to Article 2 of the minute of meeting of this Committee of 6 March 1997, there was submitted Report No 1209/99 by the Director of Roads informing the Committee of the Scottish Executive’s proposals to enable local authorities to charge for various road related functions. The Report indicated that since 1998, local authorities in England and Wales had express statutory powers to impose charges for carrying out certain functions relating to roads and road traffic regulations. The Scottish Executive had sought comment on proposals for similar powers in Scotland, although any charge would be limited to the recovery of the local authority’s cost for each service provided. Various functions under the Roads (Scotland) Act 1984, the Road Traffic Regulation Act 1984 and the Transport Act 1985 were considered appropriate for charging purposes, as outlined in Appendix 2 to the Report. In addition, should the new regulations be introduced in Scotland, it was proposed that the AA and RAC no longer be exempt from charges, in respect of erection of temporary directional traffic signs.

The Committee agreed:-

(i) to note the Scottish Executive’s proposals to enable local authorities to charge for various road related functions;

(ii) that the Report form the basis of the response from Angus Council to the Scottish Executive’s consultation exercise on these proposals;

(iii) to delegate to the Director of Roads, in liaison with the Director of Law and Administration, the Director of Finance and the Director of Planning and Transport, to respond on behalf of the Council to the Scottish Executive by 30 November 1999 as required; and

(iv) that a copy of the response be sent to COSLA.

5. ROAD SAFETY PLAN

With reference to Article 7 of the minute of meeting of this Committee of 8 June 1999, there was submitted Report No 1210/99 by the Director of Roads advising the Committee of the publication date of the Angus Council Road Safety Plan and indicating how the document would be distributed. Publication of the Report had been deferred to include comments arising from a presentation to members on the key aspects of the document, and further comments from various interested parties had been incorporated into the final draft document.

It was anticipated that the final version of the Road Safety Plan would be printed and ready for publication at the beginning of December. The document would be widely distributed to all interested parties including elected members, all Council Departments, Tayside Police, Tayside Health Board, Community Schools, Schools, Libraries and Access offices, etc and also posted on the Council’s web site. In addition, a small leaflet would be produced for wider distribution to the general public and interested members of the public would be able to purchase a copy of the full Road Safety Plan for £10.

The Committee agreed to note that the Angus Council Road Safety Plan would be published at the beginning of December and would be distributed widely.

6. TRAFFIC ORDERS

(a) Update

With reference to Article 11(a) of the minute of meeting of this Committee of 26 August 1999, there was submitted and noted Report No 1208/99 by the Director of Roads providing, in an Appendix to the Report, an update of Traffic Regulation Orders currently being promoted and their stage of progress, as at October 1999.

(b) Hume Street, Arbroath - Prohibition of Entry

There was submitted Report No 1205/99 by the Director of Roads proposing, 0for reasons of traffic safety, the introduction of an Order prohibiting all vehicular traffic from entering Hume Street from West John Street and Orchard Street, Arbroath.

The Committee agreed to the promotion of the necessary Traffic Regulation Order.

(c) India Street/Bents Road, Montrose - One-Way Traffic

With reference to Article 7(c) of the minute of meeting of this Committee of 29 January 1998, there was submitted Report No 1207/99 by the Director of Roads advising that, following advertisement of the above Order, several objections from residents had been received, with particular concerns raised about access and egress to properties. The Report recommended, after consideration of the objections, and in consultation with Tayside Police, that the promotion of the Order be abandoned, the dis-benefits of the proposed one-way traffic being greater than any benefits gained.

The Committee agreed to abandon the promotion of the Traffic Regulation Order to introduce one-way traffic flow in sections of India Street and Bents Road, Montrose.

(d) Variation of Speed Limits

There was submitted Report No 1206/99 by the Director of Roads proposing, for reasons of pedestrian and traffic safety, the alteration of speed limits at Kirriemuir, Tealing, Whigstreet, Carnoustie, Monifieth and Forfar.

The Committee agreed to the promotion of the necessary Traffic Regulation Orders as follows:-

(i) to effect the changes of speed limit to 40mph at Westhaven Road, Carnoustie; Kirriemuir Road, Forfar; Whigstreet, by Forfar; and West Grange Road, Monifieth;

(ii) to effect the change of speed limit to 30mph at Tealing;

(iii) to extend the existing 40mph speed limit at Glamis Road, Forfar; and

(iv) to extend the existing 30mph speed limit at Glamis Road, Kirriemuir.

(e) Angus Council (High Street, Arbroath) (Variation of Waiting Restrictions) Order 1999

With reference to Article 12(c) of the minute of meeting of this Committee of 11 March 1999, there was submitted Report No 1213/99 by the Director of Law and Administration advising that, following advertisement of the above Order, no objections had been received. The Report recommended that the Council should proceed to amend the existing waiting restrictions in High Street, Arbroath which had become necessary following changes to the road layout as a result of environmental improvements.

The Committee agreed to recommend that the Council now make the Order.

(f) Temporary Traffic Orders

With reference to Article 12(b) of the minute of meeting of this Committee of 14 October 1999, there was submitted Report No 1214/99 by the Director of Law and Administration advising that, at the request of the Director of Roads, the undernoted Temporary Traffic Orders had been made:-

(i) Angus Council (Provost Johnston Road, Montrose) (Temporary Prohibition of Driving) Order 1999 - for eight weeks from 1 November 1999 for the purpose of demolition works;

(ii) Angus Council (A935 Forfar Road, Brechin) (Temporary Prohibition of Driving) Order 1999 - for four weeks from 8 November 1999 for the purpose of installing a new sewer.

NOTE: Subsequent to the Order being made some local businesses had contacted the Council to request that due to a detrimental effect on trade at one of the busiest times of the year, the Order be reconsidered. Following consultation with various Council Departments, it had been decided to delay the temporary road closure until after the Christmas and New Year period and at that time a new Order would be promoted.

(iii) Angus Council (East Seaton Road, Arbroath) (Temporary Prohibition of Driving) Order 1999 - for 9½ hours on 5 November 1999 in conjunction with a fireworks display.

Councillor West declared an interest in items 7, 8 and 9 below and took no part in the discussion thereon. Councillor Ritchie assumed the Chair for these items.

7. ARBROATH HARBOUR DEVELOPMENT STRATEGY

With reference to Article 1(b) above, there was submitted Report 1138/99 updating the Committee on the recent marketing exercise aimed at stimulating private sector investment in Arbroath Harbour. The marketing exercise had resulted in seven confirmed expressions of interest in developments at the Harbour with a deadline for submission of draft proposals by these parties, set for 17 December 1999. A Selection Panel would be formed to assess these submissions and, if possible, identify a preferred developer(s) with whom the Council would enter into detailed discussions regarding the proposals. It was anticipated that a more comprehensive Report would be submitted to Committee in Spring of 2000.

Having heard Councillor King the local member, the Committee agreed to note the contents of the Report.

8. EXCLUSION OF PUBLIC AND PRESS

The Committee resolved, in terms of Standing Order 27(2), that the public and press be excluded during consideration of the following items so as to avoid the disclosure of information which was exempt in terms of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973, paragraphs 6, 8 and 9.

9. DEVELOPMENT SITE - ARBROATH HARBOUR

With reference to Article 18 of the minute of meeting of this Committee of 1 December 1998, there was submitted Joint Report No 1218/99 by the Director of Property Services and the Director of Roads advising the Committee of the outcome of further negotiations with Tayside Marine Services Ltd for the lease of a site at Arbroath Harbour.

The Committee, for its interest, agreed:-

(i) to note the proposals for redevelopment of the site and building at Arbroath Harbour by Tayside Marine Services Ltd as set out in the Report; and

(ii) to approve the lease of the site and building at Arbroath Harbour to Tayside Marine Services Ltd on the provisional terms and conditions contained in the Report.

The following matter was, on the determination of the Convener, dealt with as a matter of urgency in order to implement the proposed course of action at the earliest opportunity.

10. OMBUDSMAN COMPLAINT - MONTROSE CYCLE TRACK/FOOTPATH - UPDATE

With reference to Article 31 of the minute of meeting of the Policy and Resources Committee of 7 September 1999, there was submitted Report No 1228/99 by the Director of Law and Administration updating the Committee on the procedures to be used in adopting the cycle track/footpath between Victoria Bridge and Newhame Road, Montrose and advising of the Ombudsman’s most recent communications on this subject.

The Committee agreed:-

(i) to proceed with the statutory process required for the adoption by Angus Council of the former footpath extending to 1.8 metres between Newhame Road and Victoria Bridge, Montrose, by entering into an agreement with every owner of land which was associated with, or formed part of, the development on which the footpath lay;

(ii) to instruct the appropriate officers of the Council to thereafter proceed with the promotion of an Order to determine a strip of the former footpath extending to 0.3 metres, as having a right of public passage as a cycle track; and

(iii) to note the terms of a letter from the Local Authority Ombudsman confirming that the Commissioner was satisfied with the proposed course of action in this matter.