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MINUTE of MEETING of the LIVINGSTON SOUTH LOCAL AREA COMMITTEE of COUNCIL held within COUNCIL CHAMBERS, WEST LOTHIAN CIVIC CENTRE, on 23 SEPTEMBER 2011.

Present – Councillors Peter Johnston (Chair), John Muir, Lawrence Fitzpatrick, Danny Logue

1. OPENING REMARKS

The Chair welcomed to the meeting representatives of Land Securities, the owners of Buchanan House and their agent, and representatives of and Community Council, Livingston Community Council and Murieston Community Council. He advised that members of Livingston North Local Area Committee had been invited to attend in relation to Item 6 on the agenda (Almondvale Park Study) and that although none of those members had been able to attend, apologies had been received from Councillors John Cochrane and Robert de Bold.

2. MINUTE

The Local Area Committee approved the minute of its meeting held on 3 June 2011. The minute was then signed by the Chair.

3. PLANS FOR WINTER 2011 AT THE CENTRE AND THE DESIGNER OUTLET

The committee considered a report by the Head of Area Services (which had been circulated) to inform members of the committee of the plans of The Centre and the Designer Outlets in Livingston for the Christmas period, and their severe weather plans.

The report advised that following the unprecedented winter weather in 2010/11 steps had been taken to keep close links with The Centre and the Designer Outlet in relation to their contingency plans for any severe weather occurring this winter. The committee heard from representatives of both that lessons had been learned form the previous winter weather, that steps had been taken to order more grit and equipment for dealing with snow and ice, that more training had been given to staff, and that close relationships had been developed with contractors who may be required to assist.

The committee was advised that consultations had taken place with the bus companies using the stops between the two centres, both in relation to severe weather arrangements and plans to use open spaces for special Christmas events and markets.

Decisions

1. To note the arrangements made by the Almondvale Centre and the McArthur Glen Designer outlet for dealing with severe winter weather, and DATA LABEL: Public 120

for the festive period in general.

2. To agree that officers should enter into a discussion with the Centre and the Outlet, and the bus companies using the bus halts between them, in relation to possible disruption during the winter period.

4. ALMONDVALE PARK STUDY, LIVINGSTON

The committee considered a report by the Head of Planning and Economic Development (which had been circulated) to advise the committee of the completion of the Almondvale Park Study, Livingston and to outline a proposed programme for publicising and consulting on the terms of the Study.

The report explained that it was a requirement of the West Lothian Local Plan (WLLP) that the council commission an independent study of the river corridor between the Civic Centre and the Almond Valley Bridge (B7015) to establish how the environment of this part of the town centre could be improved or re-vitalised. The council had already approved a package of environmental, landscape and footpath improvements for part of the linear riverside walkway alongside the River Almond as part of the Civic Centre development and a number of these works had already been carried out including a new pedestrian bridge to link Howden with Almondvale (planning application 1303/05 refers). Any recommendations for environmental improvements arising from the Almondvale Study would be in addition to these.

The report explained the area covered by the study (shown in Appendix 1) and its purposes, and then summarised the findings, the key points to note were that based on an analysis of park facilities in Livingston, Almondvale Park was best suited to be classified as a “neighbourhood park” and as such a master plan had been developed for the park on this basis.

The report went on to summarise the recommendations in the study for developing the area as a neighbourhood park, and set out an implementation plan and potential funding sources for further investigation.

The full study and report were contained in Appendix 2.

Decisions

1. To note the contents of the report.

2. To agree that officers should proceed with public consultation on the Almondvale Park Study, which would be led by NETS and Land Services.

3. To recommend that as part of that process the Study should be sent to all Livingston Community Councils with sufficient time allowed for them to respond. DATA LABEL: Public 121

4. To recommend that a further report on the results of the consultation process and with officers’ recommendations should be brought to the Environment PDSP before proceeding, if so advised, to the Council Executive.

5. BUCHANAN HOUSE, KIRKTON NORTH, LIVINGSTON The committee considered a report by the Head of Planning and Economic Development (which had been circulated) to update the committee on progress towards finding a suitable alternative use for the former Buchanan House site at Kirkton North, Livingston.

The report described the site, the present provisions in the West Lothian Local Plan and the planning history of the site. It explained that discussions had taken place with the site owners and their agent about a potential beneficial use of the site, and that although it was felt by officers that some progress could be made, there remained work to be done in relation to retail impacts and education capacity constraints locally. It went on to confirm that the site had been proposed for housing allocation in the new local plan being developed and would be considered by the council through that consultation process.

The report went on to advise members of the committee of the present condition of the site, and the problems that was causing locally, but advised that the statutory grounds for serving statutory notices such as a dangerous building notice had not been satisfied. The report concluded by advising that until development could take place following any necessary planning processes, in the meantime it remained the land owner’s responsibility to ensure the site is secured and protected.

The Chair allowed the site owners and their agent, and Angela Moohan and Alan Nicolson of Community Council to participate in the item of business, and further information was provided in response to questions about site security, potential use of CCTV cameras, criminal activity at and around the site and any enforcement powers the council may hold to assist.

Decisions

1. To note the planning position with respect to Buchanan House and the surrounding site.

2. To note that the developer had funded a study in relation to possible expansion of capacity at Livingston Village Primary School.

3. To agree that officers should advise committee members as follows:-

(a) The timescale for completion of the capacity study.

(b) The statutory powers available to the council to ensure the safety and DATA LABEL: Public 122

security of the building and the surrounding site, and whether those powers had been exercised.

4. To agree that a further report should be brought to the committee to advise of progress in relation to the capacity study, development plans for the site, and safety and security of the building and surrounding site.

6. WEST LOTHIAN LOCAL DEVELOPMENT PLAN & CALL FOR SITES

The committee considered a report by the Head of Planning and Economic Development (which had been circulated) to make the Local Area Committee (LAC) aware of the sites and issues that Planning Services received earlier this year under its ‘Call for Sites/Expressions of Interest’ procedure as part of the preparation of the West Lothian Local Development Plan and to make the LAC aware of amended timescales for taking forward the West Lothian Local Development Plan (LDP).

The report summarised the steps taken so far in relation to the development of the replacement local plan (LDP) and set out the revised timescale for taking it forward, as had recently been approved by the Council Executive.

On 11 January 2011, the Council Executive approved a ‘call for sites’ for the West Lothian Local Development Plan. The deadline for receiving submissions expired on Friday, 6 May. A total of 225 submissions were received over the whole council area for consideration and the report detailed the area covered, their present uses and advised that the estimated number of residential units for the whole council area would be 38,554. Appendices 1 and 2 contained general details of each site and site plans indicating the location of sites contained wholly or partly within the Livingston South ward. The relevant figures for Livingston South ward were:-

Total number of sites: 19

Total site area (all uses): 236.64 Ha

Total Residential Land: 55.44 Ha

Total Employment Land: 8.09 Ha

Total Mixed Use land: 171.08 Ha

Estimated Total Residential Units: 3334 units.

It was confirmed that Planning Services was assessing these submissions and would report back to future Development and Transport Policy Development and Scrutiny Panels and Council Executive meetings in due course.

The report concluded by explaining that in considering the scale and direction of growth for West Lothian, the LDP will require to conform with the approved SDP. The ‘proposed plan’ for the SDP had been approved DATA LABEL: Public 123

by the SESplan Joint Committee on 26 July and it was anticipated that on 20 September 2011 the Council Executive would consider whether or not to ratify the ‘proposed plan’. A verbal update on the outcome of the 20 September meeting was to be provided at the LAC.

The Chair allowed Alan Nicolson of Livingston Village Community Council and Davidson McQuarrie of Murieston Community Council to participate in the item of business, and further information was provided in response to questions in relation to the proposed consultation and site assessment process, and the figures for the present and the proposed allocation for housing for the West Lothian area. Comments were made in relation to the proposed sites as follows:-

(a) 0110 – that the site was already allocated for housing in the WLLP and so the units would not be additional to those already provided for.

(b) 0098 – that any contamination of land would be investigated as a part of the normal assessment process.

(c) 0100 – that the presence of any mine-shaft, former quarry and environmental/bio-diversity issues would be investigated as a part of the normal assessment process.

(d) 0110 – that issues of access to the site and traffic impacts would be investigated as a part of the normal assessment process.

Decisions

1. To note the revised timescales for taking forward the West Lothian Local Development Plan set out in the revised Development Plan Scheme 3A.

2. To note the list of sites put forward for consideration within the Livingston South ward (see Appendix 1) and the location of sites as set out in Appendix 2.

3. To recommend that officers should send to all Livingston community councils a copy of the map for the ward area showing the sites submitted together with information as to how and where more information could be obtained.

4. To agree that the committee would hold public meetings in appropriate areas of the ward as part of the future consultation process.

5. To note the comments made by members and others participating in the meeting in relation to specific sites.

7. CHANGES TO HOUSING BENEFIT - UPDATE

The committee considered a report by the Head of Finance and States (which had been circulated) to inform the committee of the likely impact on the Livingston South community of the UK Government's changes to Housing Benefit and Council Tax Benefit (HB/CTB). The report followed DATA LABEL: Public 124

on from the report to the committee on 4 March 2011.

The report provided the following appendices:-

A. Details of the Welfare Reform Bill timetable.

B. Details of the number of households that currently received Council Tax Benefit.

C. Summary of HB/CTB Changes Effective During 2011/12.

D. Summary of the incidence of discounts, exemptions and benefits in relation to Current Tax Relief.

E. A briefing paper outlining the current position, reasons for change, reform proposals and areas for further question.

The report examined in detail the potential implications for people receiving benefit, council staff and others resulting from the Introduction of Universal Credit, the replacement and possible localisation of a reduced Council Tax Benefit, collection issues stemming from introduction of Universal Credit and the possible effects of the introduction of a Single Fraud Investigation Agency.

Finally, the committee was informed that further reports would be presented as more information became available.

Decisions

1. To note the content of the report.

2. To note that further reports would be brought as progress was made with the proposed legislation.

8. PENSIONERS’ GROUPS’ CHRISTMAS FUND PROVISIONAL ALLOCATIONS 2011

The committee considered a report by the Head of Area Services (which had been circulated) informing the committee of the provisional allocations made from the Pensioners’ Groups Christmas Fund 2011 to groups in the Livingston South Ward, Livingston-Wide groups and West Lothian-wide groups.

In Livingston South, six applications had been received from ward organisations and these were shown in Appendix 1 to the report, together with the provisional allocation.

One application had been received from a Livingston-wide organisation and three applications had been received from West Lothian-wide groups. The intent was that these would be supported. These organisations and allocations were shown in Appendix 2 to the report.

The committee was asked to note the report. DATA LABEL: Public 125

Decision

To note the report.

9. WARD REPORTS

(a) Lothian and Borders Police

A report had been circulated by Police Inspector Drew Elliot updating the Local Area Committee on performance, activities and issues across Ward 4 for the period up to 31st August 2011.

Inspector Elliot reported that 127 Group 1 to 5 crimes had been recorded and 66 (52%) of those had been solved during the reporting period. Comparing this year to date with the previous year, the overall crime solvency in the ward had risen by 5%.

The report went on to summarise activity in the areas of Murieston/Bellsquarry/Adambrae/Kaims, , Ladywell and Howden and explained work undertaken in relation to Community Engagement and a Financial Investigation Campaign.

The report concluded by advising that there were no major areas of community concern at this time

Decisions

1. To note the terms of the report.

2. To agree that Lothian & Borders Police should be asked in future reports to include some data to allow comparisons to be made with other ward areas

(b) Housing, Construction and Building Services

A report had been circulated by the Head of Housing, Construction and Building Services providing the Local Area Committee with an overview of the service activities within the ward.

Decision

To note the terms of the report.