LHNCC June 2020 minutes

Notes of the Leith Harbour and Newhaven Community Council members-only regular meeting, held via Zoom on Tuesday 23 June 2020 at 7:30pm

Actions and decisions are red italic. Nem con means that no-one spoke or voted against an item.

1 Introductions and apologies for absence

1.a Present

Stewart Auld LHNCC Jennifer Marlborough LHNCC Arthur Young LHNCC
Elaine Dick LHNCC Douglas Tharby LHNCC Cllr Chas Booth Leith ward
Don Giles LHNCC Neil Tulloch LHNCC Bruce Ryan Minutes secretary

1.b Apologies for absence

Cllr Adam McVey Leith ward Cllr Gordon Munro Leith ward

2 Declaration of interests


3 Minutes of May 2020 meeting

Approved as-is (proposed J Marlborough, seconded S Auld, nem con)

4 Matters arising

All covered below

5 Police Report

See ‘reporting hate-crime’ in Appendix 1.

A report was emailed to LHNCC a few days after the meeting – see Appendix 2: police report.

6 Councillors’ reports

6.a Cllr Booth

  • He is not able to be as in contact with CEC matters as he would like, due to family needs.
  • CEC is working on widening pavements and installing temporary cycle lanes under the Spaces for People
  • CEC’s planning committee is meeting online: two meetings so far, another due soon.
  • Public meetings about PANs cannot currently happen, but applicants are being asked to arrange online consultations.
  • Brown bins and blue glass-recycling bin services have restarted. Please advise Cllr Booth if there are issues.

6.a.i Questions

  • J Marlborough: how often should communal bins should be emptied? CEC’s website only shows details about household bins.
    • Communal bins-collections generally vary with expected needs, so do not follow the schedules used for other bins.
    • Actions: J Marlborough to send Cllr Booth details, Cllr Booth to investigate
  • S Auld: until last week, bin collections were fine, but recently have not been good.
    • Action: Cllr Booth to investigate. He also advised emailing the other Leith councillors.
  • J Marlborough: there is concern that the Scottish Government (SG) has stated that construction hours can be 7am – 9pm Monday to Saturday, unless there are ‘compelling reasons’ against this. In some cases, 24-hour working may be allowed.
    • If this is from the SG, it is best to contact Ben Macpherson MSP first.
    • D Giles: it is up to construction sites to control the hours they work and the noise they admit.
    • S Auld: there have been no noise issues from the new primary school building-site.
    • D Giles: noise issues are also covered by environmental legislation
    • Actions: J Marlborough to send Cllr Booth details, Cllr Booth to take up potential noise-issues with CEC environmental health.
  • N Tulloch: has there been any assessment of public health related to construction starting immediately after lockdown eases?
    • Action: Cllr Booth to raise this with CEC’s head of planning
  • J Marlborough: there is concern about large gatherings and antisocial behaviour. Would it be better to open pubs with outdoors facilities?
    • I share these concerns. CEC’s licensing board normally controls pubs but current restrictions come from the SG’s coronavirus legislation. A pub that opened its toilets was told to close them by Police Scotland. Hence it would be best to check with LHNCC’s MSP.
  • S Auld: what will happen with schools.
    • The SG cabinet secretary for education announced today that councils will need to accommodate 100% of pupils by mid-August. This will presumably need increased funding, especially is social distancing is still required. Outdoor teaching could be increased, as might use of recently-retired teachers.

7 Chair’s, Secretary’s and Treasurer’s reports

7.a Chair

  • R Levick has resigned from LHNCC. See Chair’s message on this in Appendix 3.

See also full chair’s report in Appendix 4.

  • There is much activity via email – planning matters keep on occurring!
  • In the three months since lockdown began, Leith Foodbank has issued over 1100 packages. This is over 12,000 meals. Ovr £1,300 of Scotmid vouchers have been issued thanks to LeithChooses.
  • I commend ‘Empty Kitchens, Full Hearts’ – this has served nearly 45,000 free meals (over 30,000 in Leith.
  • I attended the recent virtual Edinburgh Association of Community Councils last Thursday. I look forward to working with nearby CCs.
  • LHNCC’s work will continue over the summer, despite no formal meeting in July.

7.b Treasurer

  • LHNCCs current balance is £557·01.
  • Draft accounts to 31 March 2020 have been prepared, and will be submitted to CEC asap.
  • Overspend is reducing, and the normal CEC grant is anticipated.
  • See full draft accounts in Appendix 5.

7.c Secretary

See also full report in Appendix 6.

  • J Marlborough noted the SG’s words on how important community councils are. The SG funds the Improvement Service’s work to support community councils, e.g. best-practice webinars, conducting business online. Lessons will be shared via the national community councils website at http://www.communitycouncils.scot.
    • Action: B Ryan to circulate this link to members

8 Standing reports

8.a Planning

8.a.i Stead’s Place/106-162 Leith Walk – report on meeting with Developer

  • J Marlborough noted that this report has been circulated. It is now on LHNCC’s website. The meeting went very well.
    • D Tharby commended the rapport established in the meeting, and looked forward to more of this with other developers.
  • There is no sign yet of Drum’s website dedicated to this development.
    • Action: JM to ask Drum when this will happen

8.a.ii 120 Ferry Road/Industry Lane

J Marlborough noted that there had been deficient neighbourhood notification about this development.

  • Notification issues have now been rectified.
  • There are concerns about access to the development. LHNCC’s planning team has already submitted a comment.
    • It was not possible to submit non-text items via the CEC planning portal.
      • Action: Cllr Booth to take this up with CEC planning.

8.a.iii Ocean Terminal

J Marlborough noted that this application is for a residential development. There has been concern about possible demolition of gardens – these have been a ‘haven’ for people during lockdown. Currently, Ocean Terminal’s main activity is preparing for re-opening of the shopping centre.

8.a.iv S1/skyliner development

J Marlborough noted that nothing seems to be happening on this site. A report from October 2017 notes that there is a ‘medium to high risk of harm to identified humans, buildings and environmental receptors’. There is a low risk of subsidence. The site is not ‘a suitable founding stratum’. Structural loadings from the proposed structure will require to extend beyond the planned building. There needs to be an assessment of foundation plans.

  • D Tharby noted that this area is all reclaimed land. It was suggested that there may have been mining underneath the site. It was suggested that piling would provide the necessary structural support.
  • E Dick asked what ‘community use’ means in the context of this development.
  • Action: J Marlborough to contact site-owners, Syme Properties.

8.a.v CEC updated information on planning changes relating to Coronavirus

J Marlborough noted the relevant links in item 18.a.iv. She noted that construction near her is going well, and that issues with birds nesting in scaffolding have been fixed. D Giles noted that there is legislation specifically protecting nests on building sites.

  • J Marlborough asked Cllr Booth to request that detail on nesting on building sites goes onto CEC’s planning portal.

8.a.vi Other points

  • D Tharby noted that Great Junction St bridge is now open to two-way traffic.
  • D Tharby noted that work on Aldi has restarted
  • J Marlborough commended being able to watch CEC’s planning meeting online.

8.a.vii Development Construction restarts – Phased (5 phases)

The phases are listed in the secretary’s report – item 18.a.iii

8.b Licensing

A Young asked whether it was likely that pavements will be blocked by tables and chairs when cafés etc reopen.

  • Cllr Booth replied that establishments must have ‘tables and chairs’ permits, and suitable licenses, to use pavements in this way. The licenses state clearly what area etc establishment can use. Before lockdown, CEC strictly applied permit conditions to avoid obstruction of pavements. Cllr Booth stated that there is a need to ensure sufficient space for physical distancing.
  • J Marlborough and E Dick reported problems with people cycling on pavements.
    • Cllr Booth advised reporting such issues to Police Scotland by calling 111.
  • D Tharby noted a coned-off cycle-path on a route to the Western General hospital.
    • C Booth responded that this is part of CEC’s work to enable key workers to cycle to work safely – part of Spaces for People.

8.c Transport

J Marlborough noted the information in the secretary’s report – item 18.a.iii.

8.c.i Trams/CCTT (Community Councils Together on Trams)

  • J Marlborough noted that the 28 May meeting covered plans for restarting construction.
  • It was later noted that R Levick is no longer LHNCC’s representative on CCTT. D Giles, as nominated substitute, will take over.

8.c.ii Letter Trams to Newhaven project: update on construction restart

The 26 June meeting will cover inter alia traffic-management issues, e.g. cyclists holding up motorized transport on Leith Walk.

8.c.iii Rare whale bones amongst historical discoveries made in tram project excavations

J Marlborough noted the information in the secretary’s report – item 18.a.v.

8.c.iv EBUG (Edinburgh Bus Users’ Group)

J Marlborough noted that EBUG is providing information on safe pavements etc. There are concerns about affects of lockdown etc on Lothian Buses, and about public transport needs for given that many people cannot cycle and pavements can be poor.

8.c.v TRAFFIC ORDERS – Find out what proposals there are for your area

J Marlborough noted that Cllr Munro has circulated information on traffic orders. She has forwarded such information.

8.d Environment

8.d.i Cladding issues – appeal from FoWLB

J Marlborough noted the information in the secretary’s report – item 18.a.iv.

  • D Giles noted that cladding remains a national issue. a Queen’s Quay resident had found a way forward by getting a surveyor’s opinion that there is minimal risk at the his dwelling. There are issues about the costs of obtaining indemnities.
  • N Tulloch noted that certification costs can be around £20 per property, but that in order to sell his property he would need to obtain further certification costing around £250, due to costs of surveyors’ professional indemnity insurance.
  • He has also spoken with a nearby resident who has recently given evidence to the SG. A central register of relevant certificates has been suggested. Also building insurers are unhappy that they were not involved in creation of relevant certificates, and are reluctant to issue insurance without full information on cladding. Also, balconies with timber decking now do not meet relevant criteria. There are many of these in Leith.
  • S Auld noted that a resident near him had paid around £5000 for a certificate.
  • E Dick asked whether there had been any response by the SG to a letter from a Sandport resident.
    • J Marlborough noted this resident’s website at https://highrisescotlandactiongroup.org.
    • D Giles stated he was unaware of any response, and that the UK government was being slow to update building regulations.
  • Action: LHNCC to monitor this situation

8.e Heritage

8.e.i Buildings at Risk: Update on Victoria And Rennie’s Isle Bridges

J Marlborough noted the information in the secretary’s report – item 18.a.v. She noted that the Buildings at Risk register states that the bridges’ owner is ‘unknown’ but that the bridges are actually owned by Forth Ports

  • J Marlborough noted that the Forth Ports will contribute to celebrating the 100 anniversary of Rennie.
  • D Giles noted that Forth Ports had undertaken a comprehensive survey of both bridges. It had been found that restoring the bridges to Historic Environment Scotland’s standards would be quite expensive.

8.e.ii Edinburgh World Heritage Events

J Marlborough noted the following events:

  • In conversation with…politicians – Thursday 4 June 2020
  • How can we build a better city? – Thursday 25 June 2020

8.e.iii Cockburn Association Civic Trust – Meeting 2 June 2020

J Marlborough noted this meeting.

There was discussion of the archaeological finds mentioned in the secretary’s report – item 18.a.v

8.e.iv Other points

The following events were noted:

  • Doors Open Days 2020 – – this will be a virtual event.
  • What should a post Covid-19 Edinburgh look like?

8.f Community

8.f.i LeithChooses – Projects adapt to Covid-19 crisis

D Giles and D Tharby noted:

  • All LeithChooses-funded projects have now been adapted to deliver community benefits within the required timescale.
  • The LeithChooses steering group is developing materials to support the purchasing of IT equipment by projects.
  • The LeithChooses steering group is considering how to deliver a participatory budgeting event in 2020-2021.

9 EACC – Online meeting Thursday 18 June 2020 – feedback

  • J Marlborough noted that there was debate on EACC’s roll, how EACC should communicate with CCs, and how CCs could use EACC. Unfortunately this debate did not deliver much clarity. There was also debate about EACC being top-down rather than bottom-up, Overall the meeting was quite valuable.
  • D Tharby noted that there was discussion of possible disbandment of Neighbourhood Networks and Local Community Planning partnerships (LCPPs). D Tharby has ascertained that Edinburgh Partnership work was postponed due to coronavirus but the EP board has reconvened to consider how to restart work, including work by LCPPs.

10 Neighbourhood Networks

See item 9.


  • D Tharby noted that LHNCC role-holders should ask each other for help as and when necessary.
    • He and J Marlborough will keep members informed over LHNCC’s July break.
    • J Marlborough noted that planning matters will continue over July. Hence LHNCC’s planning team may meet in July.

12 Date of next meeting

Tuesday 25 August 2020

13 Appendix 1: ‘reporting hate-crime’ – Police Scotland Message to communities from Assistant Chief Constable Gary Ritchie 22 May 2020

Police Scotland continue to urge victims and witnesses of hate crime to report it during the COVID-19 pandemic. We understand the impact this type of incident can have on individuals, their families, friends and the wider community.

Police Scotland is fully committed to keeping people safe and protecting all our communities and I acknowledge communities and individuals may feel vulnerable as a result of COVID-19.

A hate crime can include name calling, harassment, graffiti or a physical attack motivated by prejudice or ill-will towards a social group. Social groups covered by hate crime legislation are disability, race, religion, sexual orientation and transgender identity. What you may view as a minor incident can have a major impact and we want to assure you that any form of hate crime will not be tolerated and will be fully investigated.

Should you experience or witness such an incident, please report it to us by calling 101, or 999 in an emergency, or by using our online hate crime reporting form on the Police Scotland website.

If you do not feel comfortable reporting the matter directly to Police, there is a network of Third Party Reporting (TPR) Centres available to provide support remotely during the current situation. Although, at the moment, you cannot attend a TPR centre in person, many organisations are now offering an option to report an incident over the telephone or via e-mail. Please visit the TPR page of the Police Scotland website for more information on Third Party Reporting and for a list of active centres.

14 Appendix 2: police report

Apologies for the delay in the report and for it not being ready in time for the meeting. This was due to circumstances beyond our control.

June has been a busy time for the Police covering the area- we have seen call volume to the Police increasing back to normal levels following a brief hiatus during the start of the Covid 19 situation.

  • Over the whole of the North East area June saw the launch of operation Curator. This operation was aimed at Bike thefts across the while area and during June 21 Bikes were recovered and returned to owners, a total value of nearly £20,000.
  • On a local level 2 males were charged with the theft of a bike from Newhaven, a number of stolen bikes were recovered from around the foot of Leith walk (one male was charged with Reset-being in possession of stolen property) and a male was charged with the theft of a bike from Western harbour in April- and subsequently charged with a total of 34 thefts throughout the city. A male was also charged with the attempted theft of a bike from North Junction Street.
  • Bike marking will be resuming soon. This will probably be at Leith Market at Dock place to start with but will be publicised.
  • Following intelligence/reports from the public persons were traced and found in possession of drugs in the Quayside area and Industry lane.
  • Following reports of anti-social behaviour at Western harbour and spray painting ro7und the lighthouse there have been regular patrols within that area. Youths were moved on from the swimming pool at David Lloyd. One male was arrested for breach of bail after being found in the Western harbour area.
  • Shut out scanners initiative. This was a month long division wide initiative to highlight techniques scammers use. Officers from Leith Community Team carried out visits to Care homes in the local area- as well as visiting local shops at the time when vulnerable shoppers were given priority.
  • Regular foot patrols have also resulted in a number of persons being reported for possession of personal amounts of cannabis and vandalism.

15 Appendix 3: chair’s message on resignation of Rob Levick from LHNCC

I have to inform this Community Council that Rob Levick has informed me that he will be resigning his membership to pursue his other interests and pursuits.

Rob joined at the same time as myself in October 2016 and was elected Vice-Chairman initially and then following the resignation of Robert Weir became Chairman in June 2017. He now headed a completely new ‘administration’ for LHNCC with Jennifer Marlborough as Secretary and myself as Treasurer. We met several times over that summer to set out how we would take this Community Council forwards. During 2018 Elaine joined this team as Vice Chair.

Rob was always supportive of my own efforts as Treasurer to transform the finances of the Community Council which had been overspending its Income although had considerable but dwindling reserves to support this. Rob Chaired all but two meetings in his role and also attended a number of meetings of the CCTT which he later confirmed was his real interest.

I personally thank him for his perhaps ‘exhausting part’ on the Voting Days of £eith Chooses where while, doning a bright red tee-shirt and working with our former member Jim Duff he made sure that the many hundreds of votes cast that day were honest and true.

On behalf of Leith Harbour and Newhaven Community Council I hope that you will join me in wishing him all the Best and we look forward to welcoming him as a member of the public at one of our meetings in the future.

16 Appendix 4: chair’s report

I thank you again for attending this meeting.

It seems no time since our last meeting and we continue to receive emails from a variety of sources. There are a lot of changes taking place across the City and Planning applications never seem to stand still. You are checking your ‘inbox’ regularly I hope…

As we are now in Phase 2 of our coming out of ‘Lockdown’ there are many local businesses preparing to greet their customers, indeed some have already done so with takeaway food and drink.

I thought that perhaps we should look at what has been happening in the LHNCC area over three months to the day since ‘Lockdown’ began.

Last week I contacted Rev Iain May of the Foodbank who advised that over 1,100 people had been served with packages including toiletries, nappies and sanitary products and over 12,000 meals served.

It was useful to know that over £1,300 of Scotmid vouchers were given out courtesy of the £eith Chooses Grant received.

Sometimes your Chair is not as up to date as he would like and earlier this month I came across a group called Empty Kitchens, Full Hearts based in premises next to Doctor Bell’s in Great Junction Street. Lewis McLachlan its Managing Director and his group of volunteers, mostly unemployed or furloughed hospitality workers have served nearly 45,000 free meals, with over 30,000 from their Leith base.

I would like to extend a very warm vote of thanks to both these organisations for their tremendous achievements within our community. I understand that they are currently looking for new premises in the area as the owners of the kitchen where they are would like them back soon. Any help with this would be appreciated, I can forward contact details upon request.

It was good to attend as an observer the first virtual meeting of the Edinburgh Association of Community Councils last Thursday. Sadly there were only a few CC’s in attendance, however these included our neighbours at Trinity and near neighbours at New Town and Broughton with whom I hope to work more closely in the year 2020 – 2021. Our closest neighbours at Leith Links and Leith Central will remain our main focus as ever.

The Spring 2020 edition of the Newsletter is out and we are always looking for information for our website. Thanks to Jennifer, Elaine and Bruce for making this happen.

I stress again that in our Website in particular we ‘signpost’ not ‘recommend’ or ‘endorse’ the items that we receive where they have a community focus, and we consider are of interest, AND of use to the community.

As I have said before, social media stories where acts of kindness and community involvement are of interest.

Although we will next meet in August we will continue over the summer very much open for business and we will play our part in the new life that will return to Leith.

Stay safe.



17 Appendix 5 LHNCC draft accounts to March 2020

A full year is covered enabling some comparisons to be made with previous year. Some comparison is not possible with the previous year end as that period was only a partial year and additional explanation Notes are provided.

Our only source of income has been the City of Edinburgh Council Grant of £845.64 and a small amount of Interest on our Royal Bank of Scotland account.

We purchased a poppy wreath to mark the November 11th Armistice, placed in the Leith Community Treatment Centre and The Gretna Rail Disaster on 22nd May, 1915 placed at the memorial in Rosebank Cemetery.

We continued our support of the Victoria Primary School Christmas Lights event.

Douglas Tharby, Treasurer, Leith Harbour and Newhaven Community Council

23 June 2020

17.a Balance Sheet, as at 31 March 2020

2019-20 2018-2019

£ £

Current Assets

Cash at Bank 743.20 797.10

We approve the accounts on pages 1 and 2 and confirm that we have made available all relevant records and information for their preparation

Douglas Tharby Jennifer Marlborough

Chair and Treasurer Secretary

Date: Date:

17.b Accountants Report to Leith Harbour and Newhaven Community Council

I have examined the financial statements on pages 1 and 2 and confirm that the accounts have been properly prepared in accordance with the books and records of the council.

David Kay, Accountant

17.c Income and Expenditure Account, as at 31 March 2020

2019-20 2018-19


Grant 845.64 845.64

Transfer (Acc Closures) – 0.65

Interest (INT) 0.49 0.61

Total Income 846.13 846.90


Minute Production 330.00 210.00

VPS (Xmas lights) 268.17 454.00

Leith Gala 2019 22.00 22.50

Memorial 67.20 29.00

Secretarial/website/ICO 113.98 145.66

Leaflets/Banner 98.68 –

Total Expenditure 900.03

(Deficit) 53.90 114.26



17.d Bank Transactions

Number Cheque Amount Item

576 30.00 Minutes

577 36.00 Website

578 30.00 Minutes

579 67.20 Memorial Wreaths

581 30.00 Minutes

582 20.50 Events: Leith Gala, Shared tent

INT 0.09 (Credit)

585 30.00 Minutes

BAC 845.64 Edinburgh Council Grant (Credit)

583 31.68 LHNCC Pop-up Banner

584 67.00 LHNCC Leaflets

580 6.98 Secretarial

INT 0.13 (Credit)

586 30.00 Minutes

587 30.00 Minutes

588 30.00 Minutes

590 30.00 Minutes

591 268.17 Events: VPS Xmas Lights, Choc

INT 0.16 (Credit)

Misc 60.00 Minutes (Note 1)

Misc 35.00 ICO (Note 2)

Misc 36.00 Website/Secretarial (Note 2)

Misc 30.00 Minutes (Note 2)

INT 0.11 (Credit)

Note 1 Two set of Minutes, paid by Card, no Cheque issued

Note 2 Paid by Card, no Cheque issued



18 Appendix 6: secretary’s report

18.a Standard Reports

18.a.i Planning

18.a.ii Licensing

18.a.iii Transport

18.a.iv Environment

18.a.v Heritage

18.a.vi Community: Covid19 virus – help and advice available: The latest Government and CEC advice and information is regularly updated on our website and available on links below

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