Item no 8 *\I + GD INBVRG H+ THE CITY OF COUNCIL

Neighbourhood Regeneration in South Edinburgh; Limestone Area: Moredun Park View Compulsory Purchase Order

The City of Edinburgh Council 7 April 2005

I. Purpose of report 1.I To seek the Council’s authority to make The Edinburgh Moredun Park View Compulsory Purchase Order 2005 in terms of the amended draft annexed to this Report.

2. Main report 2.1 On 24 February 2005 the Council resolved to make The Edinburgh Moredun Park View Compulsory Purchase Order 2005 and The Edinburgh Hyvot Compulsory Purchase Order 2005 in terms of the drafts annexed to the relative Report by the Director of Corporate Services. The Orders were in respect of the interests in the land forming part of the demolition zones at Moredun Park and Hyvot pertaining to the houses purchased under the Right to Buy scheme and still in private ownership. 2.2 The Edinburgh Hyvot Compulsory Purchase Order 2005 was made on 3 March and notice of such served on all interested parties and first advertised in the Scotsman on 10 and 11 March respectively. 2.3 At that previous meeting, it was reported to the Council that through successful negotiation 1 I privately owned interests in the land at Moredun Park and Hyvot had been acquired by agreement out of the 34 interests which were in private ownership in July 2004, leaving only 12 addresses at Moredun Park View and 11 addresses at Hyvot Avenue, Hyvot Loan and Hyvot Terrace in private ownership . 2.4 Subsequent to the February meeting of the Council, it was confirmed to Legal Services that 13 addresses at Moredun Park View still required to be purchased because in fact only 10 privately owned interests had been acquired by agreement. The ‘missing’ address was 4911 1 Moredun Park View and it had not been possible to pursue acquisition by agreement because the owner had not been traced. In addition, the voluntary sale of the interests pertaining to the house at 55/4 Moredun Park View settled in February.

1 2.5 The title of 49/11 Moredun Park View has now been examined and the draft Order has been amended to (a) include details of that property in, and (b) remove the reference to 55/4 Moredun Park View from, the Schedule. No relative amendment needed to be made to the Order Map.

3. Financial Implications

3.1 The total cost of the acquisitions, including the compensation payable and the legal and administrative fees and outlays, will be contained within the existing approved budget.

4 Recommendations 4.1 That Council approve the making of The Edinburgh Moredun Park View Compulsory Purchase Order 2005 in terms of the amended draft (with Map) annexed.

!*/h' J IM~'I NCH Director of Corporate Services

Appendices The draft The Edinburgh Moredun Park View Compulsory Purchase 0rd e r 2 00 5.

Contactltel Sheona McClure on 01 31 529 41 96

Wards affected 55, Moredun (Moredun Park View)

Background Report to the Council on 24th February 2005 on Neis, ,,ourhood Papers Regeneration in South Edinburgh; Gilmerton Limestone Area: Moredun Park and Hyvot Compulsory Purchase Orders

Report to the Executive of the Council on 27th July 2004 on Neighbourhood Regeneration in South Edinburgh.

2 THE CITY OF EDINBURGH COUNCIL

HOUSING (SCOTLAND) ACT 1987

and

THE ACQUISITION OF LAND (AUTHORISATION PROCEDURE) (SCOTLAND) ACT 1947

THE EDINBURGH MOREDUN PARK VIEW COMPULSORY PURCHASE ORDER 2005

The City of Edinburgh Council (hereinafter referred to as “the acquiring authority”) in exercise of the powers conferred upon them by sections 9(1) (d) and lO(2) of the Housing (Scotland) Act 1987, hereby make the following Compulsory Purchase Order:-

1. This Order may be cited as The Edinburgh Moredun Park View Compulsory Purchase Order 2005,

2. Subject to the provisions of this Order the acquiring authority are hereby authorised to purchase compulsorily for the purpose of selling or leasing the land with a view to the erection on the land of houses by persons other than the acquiring authority and the use of the land for purposes which are necessary or desirable for, or incidental to, the development of the land as a housing estate, the land which is described in the Schedule hereto and is numbered 1, 2, 3 and 4 and coloured green and in parts over-hatched in black, pink and in part over-hatched in black, blue and in parts over-hatched in black and brown and in parts over-hatched in black respectively on the map signed with reference to this Order and marked “Map referred to in The Edinburgh Moredun Park View Compulsory Purchase Order 2005”.

3. In relation to the foregoing purchase section 70 of the Railways Clauses Consolidation (Scotland) Act 1845 and sections 71 to 78 of that Act as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923 are hereby incorporated with the enactment under which the said purchase is authorised subject to the modifications that references in the said section to the company shall be construed as references to the acquiring authority and references to the railway or works shall be construed as references to the land authorised to be purchased and any buildings or works constructed or to be constructed thereon.

I, , one of the Proper Officers of The City of Edinburgh Council sign this page together with the Schedule and Map annexed hereto as shown below.

Signature ...... Signature of Witness ......

Date When Signed ...... Full Name of Witness ......

Place Where Signed ...... Address of Witness: City Chambers, High Street, Edinburgh 2

SCHEDULE

All the land and interests in the land specified in this Schedule lies within the City of Edinburgh and for registration purposes in the County of

(umber lescription of the land Owners Lessees and )n Map occupiers

~ ~~ Land, or interests in the land, extending Vacant .o 223 square metres or thereby :omprising the solum of the (now lemolished) tenement building :ontaining ten flatted dwellinghouses at 41 Moredun Park View, Edinburgh and footpaths serving the said tenement (as ;he footpaths are indicated by over- hatching in black on the said Map signed with reference to this Order) and specifically:

The former ground floor, southeast Patricia Campbell dwellinghouse in said tenement and 24 Lammermoor Terrace, known as 41/1 Moredun Park View and Edinburgh EH 16 5s J the rights of common property in and to the solum on which said tenement is erected and the footpaths serving said tenement and the whole other rights of property and the pertinents effeiring to the dwellinghouse all as described in and disponed by Feu Disposition by The City of Edinburgh District Council in favour Miss Norma Margaret Paterson recorded GRS Midlothian 15 May 199 1

The former first floor, southmost Miss Elsie Margaret dwellinghouse in said tenement and Lamb known as 41/5 Moredun Park View and 48/7 Row the rights of common property in and to Edinburgh EH3 5PY the solum on which said tenement is erected and the footpaths serving said tenement and the whole other rights of property and the pertinents effeiring to the said dwellinghouse all as described in and disponed by Feu Disposition by The City of Edinburgh District Council in favour of Miss Elsie Margaret Lamb recorded GRS Midlothian 9 March 1988 3 hmber Iescription of the land Owners Lessees and )n Map Occupiers

(cont’d) The former top floor, northeast Paul Patrick Andrew iwellinghouse in said tenement and Doolan, mown as 4 1/8 Moredun Park View and 52 Springfield Gardens, he rights of common property in and to Hinvun, Aberdere, he solum on which said tenement is Mid Glamorgan, Wales :retted and the footpaths serving said enement and the whole other rights of Mrs Catherine Gray roperty and the pertinents effeiring to Johnstone Doolan, :he said dwellinghouse all as described 79/3 Road, n and disponed by Feu Disposition by Edinburgh EH 17 7BN The City of Edinburgh District Council n favour of Paul Patrick Andrew Doolan and Mrs Catherine Gray Johnstone Doolan recorded GRS Midlothian 8 July 1991.

The former southeast maisonette Mrs Frances Celia dwellinghouse on the upper floors of Gardiner said tenement and known as 41/9 33 Jean Armour Avenue, Moredun Park View and the rights of Edinburgh EH 16 6XB common property in and to the solum on which said tenement is erected and the footpaths serving said tenement and the whole other rights of property and the pertinents effeiring to the said dwellinghouse all as described in and disponed by Feu Disposition by The City of Edinburgh District Council in favour of Mrs Frances Celia Gardiner recorded GRS Midlothian 15 October 1992

2 Land, or interests in the land, extending Vacant to 493 square metres or thereby comprising the solum of the (now demolished) tenement building containing four ground floor flatted dwellinghouses known as 43, 45, 47 and 51 Moredun Park View, and eighteen maisonette dwellinghouses on the upper floors known as 49/1 to 49/18 (inclusive) Moredun Park View, Edinburgh and footpath serving, and any air rights pertaining to, the said tenement (as the footpath and extent of the air space are indicated by over- hatching in black on the said Map signed with reference to this Order) and specifically: 4

Jumber Iescription of the land Owners Lessees and )n Map occupiers

!(cont’d) The former intermediate ground floor Mrs Maeve Patricia iwellinghouse in said tenement and Thistlewood, mown as 45 Moredun Park View and 6 Viewfield, he rights of common property in and to Bonnyrigg, .he solum on which said tenement is Midlothian EH19 2EQ xected and the footpath serving the said :enement and the whole other rights of xoperty and the pertinents effeiring to ;he said dwellinghouse all as described in and disponed by Feu Disposition by The City of Edinburgh Council in Favour of Gavin David Thistlewood and Maeve Patricia Thistlewood recorded GRS Midlothian 28 February 200 1.

The former ground floor dwellinghouse Mrs Violet Smith Frame in said tenement and known as 47 15 Fern Close Moredun Park View and the rights of Frimle y common property in and to the solum Surrey GU16 9QU on which said tenement is erected and the footpath serving the said tenement and the whole other rights of property and the pertinents effeiring to the said dwellinghouse all as described in and disponed by Feu Disposition by The City of Edinburgh District Council in favour of Mrs Violet Smith Frame recorded GRS Midlothian 14 March 1990

The former maisonette dwellinghouse Mrs Jessie Dickson on the third and fourth floors in said sometime of 49/11 tenement and known as 49/11 Moredun Moredun Park View, Park View and the rights of common Edinburgh and whose property in and to the solum on which present whereabouts are said tenement is erected and the former unknown access veranda serving the said maisonette dwellinghouse all as described in and disponed by Feu Disposition by The City of Edinburgh District Council in favour of Mrs Jessie Dickson recorded GRS Midlothian 25 April 1990. 5

Vumber lescription of the Land Owners Lessees and in Map Occupiers

3 ,and, or interests in the land, extending Vacant o 199 square metres or thereby :omprising the solum of the (now iemolished) tenement building :ontaining eight flatted dwellinghouses it 53 Moredun Park View, Edinburgh ind footpaths serving the said tenement :as the footpaths are indicated by over- latching in black on the said Map signed with reference to this Order) and specifically:

The former first floor, southmost Thomas Meikle iwellinghouse in said tenement and 61B/13 St Alban’s Road, known as 53/4 Moredun Park View and Edinburgh EH9 2LS the rights of common property in and to the solum on which said tenement is xected and the footpaths serving said tenement and the whole other rights of property and the pertinents effeiring to the said dwellinghouse all as described in and disponed by Feu Disposition by The City of Edinburgh District Council in favour of George Meikle and Thomas Meikle recorded GRS Midlothian 7 February 1990.

The former third (or top) floor, Sara Ann Martin northmost dwellinghouse in said 87/9 Pennywell Gardens, tenement and known as 5317 Moredun Edinburgh EH4 4TE Park View and the rights of common property in and to the solum on which said tenement is erected and the footpaths serving the said tenement and the whole other rights of property and the pertinents effeiring to the said dwellinghouse all as described in and disponed by Feu Disposition by The City of Edinburgh District Council in favour of Lorraine Susan Hailey MacDonald and William Alexander MacDonald recorded GRS Midlothian 23 November 6

lumber Iescription 3wners Lessees and n Map Occupiers

,and, or interests in the land, extending Vacant o 198 square metres or thereby :omprising the solum of the (now lemolished) tenement building iontaining eight flatted dwellinghouses it 55 Moredun Park View, Edinburgh ind footpaths serving the said tenement as the footpaths are indicated by over- latching in black on the said Map iigned with reference to this order) and ipecifically :

The former first floor, northwestmost William Cleland, lwellinghouse in said tenement and 12/4 Ferniehill Drive, mown as 55/3 Moredun Park View and Edinburgh EH 17 7EH .he rights of common property in and to :he solum on which said tenement is Jeanette Syme, xected and the footpaths serving the 55 Winton Terrace, said tenement and the whole other rights Edinburgh if property and the pertinents effeiring to the said dwellinghouse all as Catherine Bolton, iescribed in and disponed by Feu 8 Brae, Disposition by The City of Edinburgh Edinburgh District Council in favour of William Cleland and Mrs Isabella Cleland recorded GRS Midlothian 18 April 1990.

The former second floor, southmost Michael Farrell dwellinghouse in said tenement and Sometime of 55/6 known as 55/6 Moredun Park View and Moredun Park View, the rights of common property in and to Edinburgh but whose the solum on which said tenement is present whereabouts are erected and the footpaths serving the unknown. said tenement and the whole other rights of property and the pertinents effeiring Karen Jane Robertson to the said dwellinghouse all as Sometime of 55/6 described in and disponed by Feu Moredun Park View, Disposition by The City of Edinburgh Edinburgh but whose District Council in favour of Alan present whereabouts are Moyes Cockburn and Mrs Elma unknown Drummond Cockburn recorded GRS Midlothian 22 October 1987 7 Number Description Owners Lessees and on Map Occupiers I The former third floor, southmost Robert Shields dwellinghouse in said tenement and 55 Lochend Gardens, known as 55/8 Moredun Park View and Edinburgh EH7 6DQ the rights of common property in and to the solum on which said tenement is erected and the footpaths serving the said tenement and the whole other rights of property and the pertinents effeiring to the said dwellinghouse all as described in and disponed by Feu Disposition by The City of Edinburgh District Council in favour of Ian Brady and Mrs Maria Brady recorded GRS Midlothian 17 July 1989

This is the Schedule to The Edinburgh Moredun Park View Compulsory Purchase Order 2005

Proper Officer

THE CITY OF EDINBURGH COUNCIL

HOUSING (SCOTLAND) ACT 1987

and

THE ACOUISITION OF LAND [AUTHORIS ATION PROCEDURE) [SCOTLAND) ACT 1947

THE EDINBURGH MOREDUN PARK VIEW COMPULSORY PURCHASE ORDER 2005

' GILL LINDSAY, LLB (Hons) COUNCIL SOLICITOR THE CITY OF EDINBURGH COUNCIL CITY CHAMBERS, HIGH STREET EDINBURGH