Minute of Meeting of the Petitions Sub-Committee - 2 November 2022
North Lanarkshire Council · 6 February 2023
Back to Communities Committee — 6 February 2023 and its agenda
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PETITIONS SUB - 2 NOVEMBER 2022 1 2 November 2022 at 10 am. A Meeting of the PETITIONS SUB-COMMITTEE PRESENT Councillor Stevenson, Convener; Councillor McBride, Vice-Convener; Councillors Docherty, Jarvie, Keltie, Leckie, McLaren, Mitchell and Wilson. ALSO PRESENT In accordance with Standing Order 64(A) Councillors Patton and Crichton attended as substitutes for Councillors Costello and McCluskey respectively. IN ATTENDANCE Roads and Land Maintenance Manager, Area Community Partnership Managers, Transportation Manager, Team Leader, Transportation Engineering (Central area) and Democratic Services Manager. CHAIR Councillor Stevenson (Convener) presided. APOLOGIES Councillors Ashraf, Costello, Fotheringham, McCluskey and L. Stubbs. DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC. (SCOTLAND) ACT 2000 1. Councillors Leckie and Stevenson, by virtue of previous involvement in the terms of the petition, both declared an interest in agenda item 6 – Torbothie Road Community Garden Proposal – and left the meeting during consideration of this matter. PROCEDURE FOR CONSIDERATION OF PETITIONS 2. There was submitted the proposed procedure for considering petitions by the Sub-Committee. Decided: that the procedure for considering a petition received by the Council be approved. PETITION – GRASS CUTTING, LAMMERMOOR DRIVE AND WAVERLEY DRIVE, CUMBERNAULD 3. There was submitted a report by the Roads and Land Maintenance Manager advising the Sub-Committee of the investigations carried out in response to a petition received for grass cutting at Lammermoor Drive and Waverley Drive (1) informing the Sub-Committee that a petition had been received, containing ten signatures and requesting that the grass be cut at the roadside at Lammermoor Drive and Waverley Drive, Greenfaulds, Cumbernauld; (2) explaining that a review of land ownership of those areas, which had been removed from maintenance as part of the Council’s budget process and agreed by the Council on 21 February 2019 had been undertaken and that the search had confirmed that the areas, as detailed in the Appendix attached to the report, had been sold for the purpose of constructing a residential development; (3) indicating that, in terms of roads, streets and paths, the Council has an obligation under the Road (Scotland) Act 1984 to add new roads to the
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PETITIONS SUB - 2 NOVEMBER 2022 2 list of public roads where they are constructed to the appropriate standard however, no such legislative requirement exists for play areas and recreation, landscaped or ornamental ground; (4) advising that ownership of the areas of land appears to remain with a private company, however, individual properties do appear to have burdens relating to maintenance of open spaces, therefore, it is considered that it would be prudent for the residents to seek legal advice to establish whether they have responsibility for maintenance or if this rests with the land owner, and (5) intimating that where maintenance rests with the residents then information on setting up alternative maintenance arrangements can be obtained from the Council. Decided: (1) that the decision taken by the Council on 21 February 2019 be acknowledged; (2) that the investigations undertaken, and the confirmation that ownership of the areas of land do not rest with the Council, be acknowledged, and (3) that the private areas of grass at Lammermoor Drive and Waverley Drive not be added into the Council’s grass maintenance programme. PETITION – PLAY FACILITY, ROMAN ROAD 4. There was submitted a report by the Community Partnership Manager advising the Sub-Committee of a petition received by the Council requesting the development of a play area at Roman Road, Motherwell and of discussion at the Motherwell Community Board to consider this proposal for delivery as part of the Local Development Programme (LDP) (1) informing the Sub-Committee that, currently, there is no Council play provision in the area although there is another recreational facility at the joint school campus of Cathedral Primary School and Fir Park Primary; (2) recommending that the development of a play area at Roman Road be supported and advising that an indicative allocation of £50,000 from the LDP had been earmarked; (3) informing the Sub-Committee that officers from the Community Partnership Team have previously liaised with the petitioners regarding this matter and advised them that they would be required to establish community support through a play area development, and (4) informing that the proposal to support the development of a play facility at Roman Road had been approved, in principle, at the Motherwell Community Board meeting on 9 June 2022. Decided: (1) that the contents of the report and the petition be noted; (2) that the proposals to support the development of the play area as outlined in the report be supported, and (3) that it be noted that the funding will include an allocation from the Local Development Programme. PETITION – CLOSURE OF A PLAY AREA, AUCHINLEA DRIVE, CLELAND 5. There was submitted a report by the Community Partnership Manager advising of a petition received by the Council objecting to the proposed removal of an existing play area located at Auchinlea Drive, Cleland and the specific actions requested within the petition (1) indicating that a petition had been received by the Council which contained signatures and addresses of 85 local residents and which highlighted their disagreement with the closure of the play area located at Auchinlea Drive, Cleland; (2) intimating that the play area had reached the end of its life and is considered to be no longer economical to repair and that Council officers had inspected the site and advised that it should be closed at the earliest opportunity; (3) highlighting that the play area does not sit on land owned by the
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PETITIONS SUB - 2 NOVEMBER 2022 3 Council and, as such, it is unable to replace and renew existing equipment on the site through its capital budgets; (4) explaining that the Council has alternative play provision in the area located within Cleland Public Park, which is an approximate 460 metres walk away and that this is considered to be an acceptable distance and that, furthermore, the site at Cleland Public Park has already been identified for additional investment through the Local Development Programme to upgrade the local play provision within Cleland; (5) reporting that a new housing development is under construction immediately to the east of Auchinlea Drive on the site of the former Cleland Hospital and that this site will include a play area as a planning condition, and (6) outlining the Council’s obligations and its decision made at its meeting on 21 February 2019 in regards to grass cutting at areas of ground not under Council ownership. Decided: (1) that the content of the petition be acknowledged; (2) that the investigations undertaken to ensure continued play provision within this locality be acknowledged; (3) that it be recognised that local capital investment for play provision has been identified for the area for the sites within Council ownership, and (4) that the play area at Auchlinlea Drive be closed. Councillors Leckie and Stevenson, by virtue of a previous involvement in the terms of the petition, both declared an interest, by virtue of that connection, in the following item of business and left the meeting during its consideration. Councillor McBride assumed the Chair. PETITION – TORBOTHIE ROAD COMMUNITY GARDEN PROPOSAL 6. There was submitted a report by the Head of Strategic Communication advising of a petition received by the Council objecting to the proposed community garden at the Torbothie Greenspace Site (1) informing the Sub-Committee that a petition had been received, which was linked to ongoing engagement around the proposal for the site and which contained 83 signatures; (2) reporting that at the Shotts Community Board meeting in November 2020 Torbothie Greenspace Project had been added to the Local Development Programme (LDP) list as a potential project and approved in principle pending further engagement, feasibility work and receipt of a project proposal; (3) advising that, following initial early receipt of a proposal for a community garden at the site, there was further dialogue with local residents and it had been identified that the site had been declared surplus to requirements by the Council; (4) indicating that it had been clarified to the community at this point that any project on this site would need to be community led with a local community group taking on responsibility and maintenance arrangements and it became apparent through local engagement that whilst there was some support for the development of the site for community use, there was not a local group able to take responsibility for the site to allow the proposal to proceed at that time, and (5) explaining that following further community engagement and feedback from local people it had been agreed that the Council would remove the land from the list of surplus assets so that the Council could retain operational control of the land and that the area would be sown with wildflowers and the existing metal fence removed from the site and, finally, that the Community Partnership Team would continue to work with members of the community with the aim for a group to take on operation of the site in the future. Decided: (1) that the contents of the petition be noted;
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PETITIONS SUB - 2 NOVEMBER 2022 4 (2) that the decision to not proceed with the community garden proposal at this time, and to remove the site from the list of surplus assets so that the Council will retain operational control of the land, be acknowledged; (3) that the plan to sow wildflowers at the site to ensure that it can be retained for community use whilst minimising ongoing maintenance or revenue commitments from the Council’s perspective be acknowledged, and (4) that it be noted that the Community Partnership Team would continue to work with members of the community with the aim of taking on operation of the site in the future. Councillor Stevenson resumed the Chair. PETITION – ROAD SAFETY IMPROVEMENTS – HAMILTON ROAD, BELLSHILL 7. There was submitted a report by the Head of Planning and Regeneration advising of the investigations carried out in response to a petition for road safety improvements on Hamilton Road, Bellshill, adjacent to McGuigan Court (1) informing the Sub-Committee that a petition containing 17 signatures had been received by the Council requesting the installation of speed cameras, pedestrian barrier and traffic signals on Hamilton Road adjacent to the new development at McGuigan Court, Bellshill; (2) explaining that all requests which the Council receives for road safety improvements are carefully considered and evaluated on a priority basis and based on a review of Police Scotland’s Roads Injury Accident Database along with a review of traffic survey data for the location; (3) explaining that the petition had been submitted following an allegation that a dog had been struck by a vehicle on Hamilton Road and that it was unsafe for children living in McGuigan Court to be playing outside; (4) outlining the details of surveys, assessments and information obtained from Police Scotland in relation to the request for road safety improvements at this location, and (5) reporting that, after careful consideration of the accident history and traffic surveys, there was no evidence base to support any engineering interventions at this location. Decided: (1) that the investigations undertaken, and the response provided to the petitioners, be acknowledged, and (2) that there is no evidence base for any engineering interventions at this location.