LHNCC September 2022 minutes

Minutes of the Leith Harbour and Newhaven Community Council ordinary meeting, held via MS Teams, on Tuesday 27 September 2022 at 6:30pm

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

Don Giles	LHNCC	Bill Rodger	Trinity CC
Jennifer Marlborough	LHNCC	Cllr Chas Booth	Leith Ward
Jim Preacher	LHNCC	Cllr Katrina Faccenda	Leith Ward
Douglas Tharby	LHNCC	Cllr Adam McVey	Leith ward
Neil Tulloch	LHNCC	~2 residents/visitors
Bruce Ryan	minutes secretary

1.b Apologies for absence

Stewart Auld	LHNCC	Ben Macpherson MSP	Edinburgh Northern and Leith
Elaine Dick	LHNCC	Deidre Brock MP	Edinburgh North and Leith
Arthur Young	NTBCC	PC Chris Casselden	Police Scotland

2 Declaration of interests

none

3 Minutes of August 2022 meeting

Accepted as-is (proposed JM, seconded D Tharby)

4 Matters arising

All covered below

5 Police report

See also PDF on NTBCC website or text of report in appendix 1.

B Rodger: There have been also incidences of theft of petrol from car tanks in the Trinity CC area.
- Action: B Rodger to inform local community policepersons.
D Tharby: Trinity Academy is undertaking anti-drugs actions.

6 Councillor/MSP/MP reports

6.a Cllr Faccenda

I will be undertaking regular surgeries From the second half of October. Details are TBC. I am happy to make appointments for specific meetings.
I have asked to meet Lothian Buses’s new managing director, and will keep pushing on, e.g. trams detours, overcrowding.
I went on a walkabout with the trams team, and talked through issues raised with me. TT believes work is on schedule.
CEC recently passed a motion on rent freezes. It will send out a consultation that isn’t simply ‘do you want to pay more to get repairs done?’
CEC has also passed a motion enabling a tourist tax. Relevant legislative details are in Scottish Government’s hands.
Forth Ports is about to sign a contract on parking enforcement, but this may not yet be improving things. I am awaiting a reply from the ‘visa place’
- A resident: it’s early days but tickets are being handed out, so there are early signs of improvement.

6.b Cllr Booth

The Spey Lounge’s license has been suspended for two weeks, because of noise complaints and a adverse police report.
CEC approved the parking review on 22 September. I am trying to obtain a map, and clarity on the roll-out schedule. Roll-out is likely to take months rather than weeks.
The planning application for demolition of parts of Ocean Terminal was approved on 21 September.
On 31 August, CEC planning committee voted down my amendment restricting the definition of ‘affordable housing’ to ‘social housing’. I hope to re-propose this amendment in the future because housing costs are a major factor in poverty.
Approval of Cityplan 2030 by CEC planning committee has been delayed, so it has not yet been sent to Scottish Government. It would improve many things (if and when approved). The next opportunity for approval is December.
The Leith low traffic neighbourhood was due to be rolled out this autumn but has been delayed because of tendering issues and issues with phasing at the Foot of the Walk. It is now due to be introduced in early 2023.
- J Marlborough: please clarify about the ‘retrospective’ part of changes to planning application fees.
- Cllr Booth: this might be about retrospective planning application fees. (These have been increased.) People can and should ask CEC planning if they are unsure whether they need to apply for permission.
  - Actions: JM to send document to Cllr Booth so he can advise more fully.
- J Preacher: affordable housing is being built at the end of Ocean Drive but current is unoccupied
- J Marlborough: there have been many delays here due to lack of labour. There was a major issue when a boiler burst, causing delays to work. The main contractor has just left. POLHA had stated that entries would occur mid-summer, so entries should soon happen in the completed block, even though the other is still ‘recovering’.

6.c Cllr McVey

The report to CEC transport and environment committee is nearly ready. It is not possible to repair the bridge, unless its arch is filled in to support the existing structure, but this would block the path below the bridge. Hence replacement is the only viable option. I am keen to work with Cllrs Faccenda and Booth to ensure that implementation of a solution is not delayed.
- J Marlborough: some years ago, there was funding for maintenance, so is this a result of lack of maintenance?
- I do not believe that this small amount of funding would have prevented issues.
- Cllr Booth: I question some of the assumptions in a relevant briefing, e.g. CO₂ footprint from need for concrete, but this is not Sustrans’ experience. I will keep pushing for solutions.
- B Rodger: this bridge is a useful link, and would help the forthcoming coastal path. Groundwork for a local circulation plan is immanent. How much does this route contribute to plan?
- The circulation plan is medium- to long-term but this needs an immediate solution, hence funding and political will.
Some bus companies (not Lothian bus companies) are lobbying Scottish Government to reduce the notice period for changes to services. There is an Issue with supply of drivers, but this matter sits with the UK Government, which isn’t speaking to the Scottish Government on this matter. Hence many bus companies have handed back supported contracts and subsidies because they are unable to afford to run services due to insufficient cost-to-patronage ratios.
I and cllrs Faccenda and Booth are happy to act on the M&S closure.

7 Chair, Secretary and other officer reports

7.a Chair

7.b Treasurer

The current balance in the bank account is £1,104·34 based on the last Statement dated 1st September, 2022.
We are up to date with all known Invoices and online payments.
Our Annual Grant from City of Edinburgh Council has been received. At £995·64 this is greater than last year, which we understand reflects our increased cost of meetings.

7.c Secretary

All points made by J Marlborough unless otherwise noted.

The past month saw new changes to Lothian Bus routes on 11 July that have been quite controversial and requests for reinstatement of 22 Bus journeys from OT denied. Details are in my Report for Item 12. There have been some Issues regarding proposed CPZ being introduced to the area that are being debated.
It is really good to see Leith Chooses 2022/2023 progressing well and applications being submitted. Funds have been boosted by a £5,000 donation from Trams to Newhaven. Applications should be submitted by the end of September.
There is major concern about Marks and Spencers pulling out of Ocean Terminal (due 29 October). Ocean Terminal managers were unaware of this until it appeared in the media. There are no other branches north of Princes St. OT and its stores (including M&S) served Leith residents very well served during lockdown.
- D Tharby: this is a great loss, but I understand staff have been deployed in other M&S stores.
- N Tulloch: M&S may have left because of lack of maintenance of a goods delivery lift etc by OT management.
- B Rodger, if this is true, promises to Trinity CC by OT management have been broken. I too was unaware of this closure, and share the disappointment. I am concerned that OT has suffered from tram-works. This loss may threaten other OT stores via a domino effect on footfall. Edinburgh needs to ensure that regeneration includes amenities such as shops for the many new residents in north Edinburgh.
- Action: JM to follow up this matter.
Heart of Newhaven is progressing with its new venture: it now has floor plans. There are some vacancies for staff, but other vacancies have been filled. HoN meets weekly.
- B Rodger: HoN is also looking for trustees with legal and financial experience.

7.d Leith Rotary

8 Planning

See also full report in appendix 4. All points made by J Marlborough unless otherwise noted.

There will be no changes to tenure at the Baltic St development.
Planning permission has been granted for demolitions at Ocean Terminal

8.a Seafield

N Tulloch reported

There was little progress over summer 2022 but a recent meeting has caused movement, e.g. on community consultations. I and a Portobello CC representative met with CEC recently to sign an NDA related to procurement.
The next sounding board meeting will take place after appointment of consultants.

8.b Cockburn Civic Trust meeting (6 September 2022)

N Tulloch reported

I was able to attend and listened intently to Ian Macfarlane and David Givan. Ian spoke about the procedure for approving City Plan 2030, which is unlikely to be completed before March 2024. One interesting thing he did say is that NRF4 may offer better solutions in respect of bland building design than City Plan 2030.
David Givan spoke about short term lets – again very interesting but I regret to advise that a further consultation document is heading your way, on guidance for approving short term let applications. David said that they had initially thought that this could proceed without consultation but a strongly worded letter from solicitors acting for a major player in short term lets led the Council to rethink.

9 Consultations

9.a Leith Connections Phase 3

J Marlborough: LHNCC’s response was submitted on 17 July 2022. (See LHNCC website for this response.) Other consultation responses have not appeared on CEC’s Consultation portal, while other CCs’ responses have. There appears to be a serious recurring fault with CEC website’s representation of LHNCC, and with JM’s emails reaching CEC.
- Cllr Booth: I am waiting on a response from CEC officers about these communication issues.

10 Licensing

No licensing matters discussed

11 Transport

See also full report in appendix 5. All points made by J Marlborough unless otherwise noted.

11.a Trams

The trams team is confident that trams will start running on schedule, despite there appearing to be much to complete.
- For example, there are issues at Rennie’s Isle delaying work at the Foot of the Walk. There is much traffic congestion here and in surrounding streets, causing problems for disabled people and drivers.

11.b Buses

Reinstatement of service 22 is still highly desirable. For example, Ocean Terminal’s cinema may be
EBUG presented a deputation to CEC, covering, e.g. by the time the 16 Bus reaches Commercial St it is busy and on reaching Leith St being too full to take on more passengers. Link below https://edinburghbususers.group/ebugnews

Action: B Ryan to put this deputation on LHNCC website.

EBUG will meet with Lothian Buses on 26 October. Leith Links CC will also attend and have already made comment about redirection of service 34 .

12 Environment

See also report from SOS Leith in appendix 6.

SOS Leith representatives: organisations focusing on Water of Leith do communicate with each other: there are sufficient matters to keep them all busy!

13 AOCB

D Giles: LeithChooses seeks projects working on poverty and deprivation. The application deadline has been extended.
D Giles: Friends of Water of Leith Basin AGM will be held in November or December.
D Giles: Water of Leith Conservation Trust AGM will be on 10 October (19:30) at the visitor centre in Slateford.
B Rodger: the east-west traffic group held its initial meeting this afternoon. D Narayanan wants to embed this topic in the forthcoming city circulation plan, which will lead to a number of ‘corridor’ plans.
B Rodger: Leith Late intends to provide a more permanent solution for the Paolozzi mural at Henderson St.
- D Giles: FOWLB funded the mural. It needs initial repairs before anything else. Leith School of Art may help with this.
- Decision: LHNCC supports this initiative.
B Rodger: Cllr Dobbin (Forth ward) is interested in regenerative tourism, including in the Newhaven area. Hence HoN and Newhaven Heritage would need to come together somehow on this. TCC wishes consideration of the whole coastal strip: not just cruise passenger but also residents, in sensitive treatment of the area as a destination.
D Tharby: EACC is meeting via Zoom this Thursday
D Tharby: Remembrance Sunday is 13 November. Merchant Navy Memorial service is 20 November (13:30 at the Shore).

14 Date of next meeting

Tuesday 25 October 2022

15 Appendix 1: text of police report

Compiled by Leith Community Policing Team on 19 September 2022.

15.a Breakdown of calls in north Leith/Newhaven area for 19/08/2022 to 25/09/2022 (~288 in total)

13 calls relating to public nuisance
13 neighbour disputes
29 calls of theft/housebreaking
5 domestic-related calls
8 calls of other violence
0 incidents with hate motivation
20 loud noise/music-related calls
29 concern-for/missing person calls
4 drug-related calls

15.b Some notable actions/events/incidents:

Since 26th July, the Tallink Victoria ferry cruise vessel has been temporarily housing Ukrainian refugees within the Imperial Dock, Port Of Leith, as part of a Scottish Government project. To date, there have been 5 incidents on board which have required Police attendance. We are continuing to liaise & work with the various agencies & organisations involved to respond to the refugees’ needs in the best ways possible.
On 18th August 2022, Police received a report of a male have been seen trying to climb the fencing surrounding the Royal Yacht Britannia earlier that morning; the male had not managed to gain access to the compound. The perpetrator was identified through CCTV enquiries and on 31st August 2022 was traced, charged with a crime of dishonesty and held in custody to appear at court on the following day.
Between 23rd & 31st July, Police received a number of reports of youths throwing stones at passing vehicles from within the red carpark at Ocean Terminal. The four culprits have now been charged for the 8 incidents (a total of 23 charges libelled) and due to their age have been diverted to Social Work involvement.
In the last couple of weeks, there have been a number of thefts/attempted thefts of pedal cycles & motorcycles from the underground carpark at the furthest block of Western Harbour, owing to an insecurity. We have liaised with the factoring company and asked for the repairs to be carried out as soon as possible; in the meantime, nightshift Police sets have been requested to provide extra attention to the area.
In the last week, there have been 3 thefts of belongings from David Lloyd gym, Newhaven Place. Could all gym users – whether at David Lloyd or other premises – please be aware of any suspicious activity and remember to secure your property correctly within lockers!!!
On 24th September, a local resident of Hawthornvale reported that overnight the petrol tank of their motorcar had been deliberately drilled and the petrol stolen from within. This is the only call we have received of this type and no trend has been identified at this time; however, could all residents please be aware of any noticeable petrol spillages prior to starting your vehicle’s engine and reporting any issues to the appropriate authority.

15.c Operation Unicorn:

Following the announcement that Her Majesty The Queen Elizabeth II had died on 8th September 2022, Operation Unicorn was put into effect and Police officers from across Scotland were placed on duty/standby. Local community officers have been among those deployed across Edinburgh to assist with public safety, reassurance and support, and security of various critical sites, including the Palace of Holyroodhouse, Scottish Parliament, St Giles’ Cathedral and The Royal Mile.
Chief Constable Sir Iain Livingstone QPM has issued the following statement after the death of Her Majesty the Queen. He said: “It is with great sorrow and sadness we mourn the death of Her Majesty The Queen. Her Majesty’s dedication to Scotland has been evident throughout her long reign. Everyone will have their own memories of Her Majesty and her loss is deeply felt. As Chief Constable, I offer the condolences, affection and support of policing in Scotland to His Majesty The King and all of the Royal Family at this sad time. Police Scotland will work with partners to ensure all ceremonial and memorial events take place safely and with dignity.”

15.d Plans ahead:

Over the coming weeks, we shall be policing a variety of events including Hearts-Rangers (1st October) & Hearts-Celtic (22nd October) football matches.
Emergency Services Day, which was due to be held on Saturday 10th September 2022 at Victoria Quay, was postponed out of respect for Her Majesty Queen Elizabeth II. It is now expected to be held in Spring/Summer 2023.

15.e About Us

Local Area Commander: Chief Inspector Kieran Dougal
Leith Community Policing Team based at Leith Police Station:
- Inspector Colin Fordyce
- Sergeant Sam Rose
Your local Community Beat Officer for NL26:
- Constable Chris Casselden
- Plus 8 officers dedicated to community issues in Leith

15.e.i Contact Us:

101 for non emergencies
Email: edinburghcptnortheast@Scotland.pnn.police.uk
Twitter: @EdinPolNe
Facebook: EdinburghPoliceDivision
Web: scotland.police.uk

16 Appendix 2: chair’s report (author D Tharby)

This report is in a new style in line with our revised Agenda structure and represents the activities of your Chair in connection with LHNCC business and his related appointments arising from his role primarily as a Community Councillor.

I was saddened to hear of the passing of Queen Elizabeth II on Thursday 8th September. I was in Norway that day and coverage on BBC TV was appreciated. I never met the Queen but I have enjoyed listening to other people’s recollections of their meetings with Her Majesty and of her natural approachability particularly when entertaining at home at Balmoral.

On behalf of LHNCC we wish King Charles III and Queen Consort Camilla well and hope that they can show us leadership in these times.

Not much in the diary this time around. 25^th August the monthly meeting of the EACC. A guest presentation by Cllr Lezley-Marion Cameron on the new Labour-led City Administration. We wish this administration well, there is lots to do over the coming months and hopefully we can restore communication lines that seem to have deteriorated recently.

On Saturday 17^th and Sunday 18^th September I attended two events at @leithforever at the Custom House & Wharf. I have to say that although these were well organised they could have been better publicised.

Future dates in October include the North East Locality Community Planning Partnership on Thursday 20^th October. I hope to organise a meeting of the Leith Neighbourhood Network later in the year.

17 Appendix 3: Leith Rotary report (author J Preacher)

Rotary Club of Leith are holding a Fun Event on Sunday 9 October 4.00 to 8.00 pm in the Leith Dockers Club. Music will be provided by ‘CHIL’ and light refreshments will also be provided. A raffle will be held with prizes including 3 Nights B&B in Marrakesh, Afternoon tea onboard the Fingal and Queen Charlotte Rooms, £40 voucher for Dinner at Domenico, and more! Tickets are available from the Rotary Club or Email Robert on rjc@fastmail.fm. All profits will be used to support local charities and good causes.

We are also arranging a Charity Concert on Thursday 17 November in South Leith Church at 7.00pm. Music will be provided by pupils of Leith Academy and Trinity Academy. Tickets will be available soon.

We have sent monies to:

The Ukraine Appeal
NE Foodbank
Aquabox, to give clean water to those affected by the Pakistan floods.

We are about to send monies to Zambia Racecourse School, Kitwe. This will be used to fund the making of school uniforms and enable the purchase of books, stationery, etc.

We are now in talks with Prospect Bank School to determine ways in which we can assist the school with various improvements.

We are awaiting the arrival of our Global Scholar from the USA whom we are hosting while she attends Edinburgh University.

The Rotary Club of Leith meets weekly at 6:30 pm on Thursdays at the Queen Charlotte Rooms and welcomes visitors to join us and enjoy a meal and interesting speakers.

18 Appendix 4: planning report (author J Marlborough)

This abridged report covers applications and responses to September. Full details will be made available on online or on request.

18.a Harbour 31 – Forth Ports: Pre Planning Consultation completed online

Submitted in collaboration with LLCC and LCCC as this is a major proposed development. Samples from comments:

Liked aspects included
- Key listed Heritage buildings including Giant Cranes and Pump House for retention
- Proposed Community area
- Dock waterfront featured
Disliked
- ? Climate Emergency with potential high risk of coastal flooding
- Makes no mention of City Plan 2030 to provide minimum of 35% Affordable homes
- Does not mention Place-based approach for 20-minute neighbourhood
- No reference for inclusion of intergenerational facilities, density, high rise or tenure
- Does not demonstrate how it will contribute to other services eg. Care Home, Nursery, Supermarket, Health care
Suggestions
- Ensure no impact on nature conservation
- Edinburgh Dock sheds should be preserved as they are a rare trace of Leith industrial heritage
- Should demonstrate how it will lower energy consumption
- Should offer a mix of House types, sizes and affordability originally suggested in Leith Docks Framework 2005 and approved but withdrawn as inactive in 2013
- Representation been asked for from Seafield Group to secure corridor for possible link to tramline with route running along the existing railway line
Other comments
- Greatest need for affordable housing
- City Plan 2030 states – should only be supported if demonstrates infrastructure capacity to absorb additional impact on services
- Potential to form part of pedestrian footpaths and coastal cycle route
- Should offer a mix of House types, sizes and affordability originally suggested in Leith Docks Framework 2005 and approved but withdrawn as inactive in 2013
- Representation been asked for from Seafield Group to secure corridor for possible link to tramline with route running along the existing railway line

18.b Salamander St/Bath Road – (Russel Storage)

Many issues identified in previous LHNCC consultation responses have not been addressed adequately – lack of innovative ideas for proposed 20minute Neighbourhoods, intergenerational facilities that enhance community wellbeing and integration
Phasing stages not clear as may not be started before City Plan 30 is implemented, therefore, this application will not meet standards
Identified repeated concerns include continued reference to ELDP 2016, in effort to exclude updated plan!
Lacking in character as a result of Block arrangement – does not meet EDLP 2016 Policy for Objectives and Housing
Affordable Housing provision remains at 25% rather than 35% proposed in City Plan 2030 (Hou2 page 121)
Needs to accommodate intergenerational facilities City Plan 2030 (Hou 3 pages121-122)
No facility to hang washing out to dry meaning use of driers that contribute to air pollution
Cycle route adjacent to to traffic (air pollution) and limited to length of development, pavement width limited by planters
Currently no access to public transport. Tram cited as advantage but is a long walk from proposed site to nearest tram stop.
SUD and bio retention areas supported
Developer not being p identified until Application approved so Statements regarding Zero Carbon, energy schemes and affordable housing management not confirmed.
Conclusion is that our original objection stands as this second revised application, extremely lengthy and complex but, despite changes, does not allay initial concerns or meet ELDP references or proposed City 2030 Plan

18.c Baltic Street – New owner/developer. Agent Turley –

Updated application with 59 documents for non-material changes (20/00465/VARY)

Consists of amendments conditions including updated massing, Constitution Street elevation change, additional air source heat pumps, cladding and rationalisation of landscape design
I intend contacting the case officer to query changes and clarify if approved proposed tenure remains the same, particularly student accommodation.
Company that now owns it is associated with Student and BTR accommodation.

18.d Linksview (Giles St) – CEC development

Updated original application 2018 (We responded with objection regarding additional block planned in current park area with trees.)

We responded with objection regarding additional block planned in current park area with trees that were to be remove including others in Giles Street.
Response sent supporting proposed application for new affordable housing and upgrade to rear entrances to Linksview House (Listed building) to provide landscaped and play areas.
Expressed concern about removal of trees

18.e St John’s Place – changing to Guest house

Letter of objection sent June 2022
Inadequate Application Form.
Archeology Response addresses several issues that need to be addressed in relation to Heritage of the site listed building status
The overall proposal plan does not identify final number and tenure of Guest House – this applicant has history of providing hotel/guesthouse status and current nearby buildings owned by Applicant on or near site appears to be used as Hostel and for temporary accommodation
There is also a history previous submissions for planning on this site that have been controversial and are referred to in Archeology Response. Lies within Leith Conservation Area
They appear to be using Guest House status as grounds to avoid Building regulation Part L Class 7. However, the Part L exemptions do not apply to buildings which fall into the following categories: Certain buildings which are listed, in conservation areas or are included in the schedule of monuments – where compliance with the energy efficiency requirements would unacceptably alter their character or appearance.

19 Appendix 5: transport report (author J Marlborough)

19.a CCTT – Trams to Newhaven

No meeting in July, recommenced 11 August
This meeting was predominately comprised of discussion about Contractor responsibilities following completion of work regarding snagging and landscape design when handed over to CEC
This will be for a 2-year period
There was also confirmation requested regarding handover process preparation for CEC departments involved
We were assured that the Project would be completed on time, despite some extension to some completion dates into November
The forthrightly Newsletter has details and diagrams of progress and any changes that arise. It also has traffic management updates
Concerns about some unresolved areas of concern will be discussed at next meeting in September with proposed deputation to Transport Committee being considered.

19.b Lothian Buses

Some success following campaign for improvement to Bus services in our area with 16 Bus now going via Leith St. and stop at Waverley Steps for the Station.
This has not really resolved situation regarding the removal of the 22 Bus from Ocean Terminal and we will still campaign for its reinstatement so that there is a direct service to and from the Gyle in West side of the City
The latest changes announce this week are also being questioned, particularly those affecting Leith.
EBUG are hoping to have a meeting with Lothian Buses soon.

20 Appendix 6: SOSLeith report on Scottish Water Annual Consultative Meeting (30 August)

SOSLeith attended this meeting having submitted a written question re the CSOs (Combined Sewer Overflows) in the Water of Leith basins.

As far as SW are concerned, CSOs are here to stay, as the financial and carbon cost of re-doing the Victorian infrastructure to eliminate them is deemed too great. But on the brighter side, they are planning an extensive programme of repairs and other initiatives, such as diverting surface water away from the sewage systems, which could help to mitigate the worst effects and reduce the amount and frequency of sewage and related debris entering our waters.

We had asked what improvement works were planned, along with timescales, for the CSOs (all unmonitored) in the lower basins, and what info would be shared. We were given some scope for optimism. It was re-confirmed the 8 in the Leith Basins were among those deemed ‘priority’ for investigation and renovation (or even closing down). They also undertook to engage with the local community as the improvement schemes were formulated. It was confirmed that monitors would be part of these improvement works, and that once completed, they would be monitored real-time so intervention and mitigation could start at an early stage. Data would be published very quickly and the public would know when a sewage discharge had occurred.

Beyond that, we were only told that our priority status would ensure being upgraded within the budgetary period to 2027. We will continue to make the case for urgency in the Shore area.

But credit where it’s due; Scottish Water are saying the right things and appear to recognise they have to deal better with sewage. They volunteered that this marked a change in emphasis from tapwater quality 1st and foremost, to a recognition of changed public expectations including accountability.