Committee
City of Edinburgh Council (Portobello Park) Bill Committee 23 April 2014
23 Apr 2014 · S4 · City of Edinburgh Council (Portobello Park) Bill Committee
Item of business
City of Edinburgh Council (Portobello Park) Bill: Consideration Stage
Under item 2, we will hear oral evidence. As I said at the previous meeting, I remind all witnesses that we already have the content of all objections and the supplementary written evidence, and we have considered a substantial amount of evidence on a number of issues that have been raised in objections and covered in oral evidence at the preliminary stage. I ask witnesses to focus on the main issues that they wish to raise and to avoid unnecessary repetition of information that the committee already has, which will be taken into account along with the oral evidence sessions from 12 March and 26 March and the sessions that took place at the preliminary stage. The lead objectors from groups 1, 3 and 6 have been sent copies of the Official Report of the meetings of 12 and 26 March, and they may wish to refer to the relevant information where appropriate if they are content that an issue under consideration has already been covered adequately. I remind everyone of the importance of the cross-examination part of proceedings, and I reiterate that the committee’s role is not to carry out a planning inquiry. The committee appreciates that the process may be daunting for some witnesses. As I have done in previous sessions, I will briefly set out the overall format. Groups 3 and 6 will be familiar with the procedure, but I will put it on the record for group 1 and for those who are following the proceedings. The lead objectors and the promoter’s lead spokesperson will be responsible for co-ordinating the evidence from the respective parties. I will first invite the lead objectors to make brief introductory remarks; the promoter will then have the same opportunity. We will then move to each of the categories, and a spokesperson from each group on each issue in the category will be invited to outline briefly concerns on a specific issue. Therefore, in category 1, a spokesperson from group 1 should speak on each issue in turn—first, on all issue 1 matters on loss of amenity and use of the park, including associated health and mental wellbeing. The spokesperson will then be invited to speak on issue 2 matters on replacement open space. We will expect only one person to speak on the matters covered by each issue. Once all the issues in a category have been addressed, the promoter will be invited to state their position on each of the key issues in the category. Both parties will then have the opportunity to cross-examine each other on all the issues in the category. Objectors will have an opportunity to make any final comments on that category. Consideration will then move on to the next category of objections and the same format will be followed. Following the conclusion of proceedings on all categories, members will be invited to question witnesses from both parties, although members may raise a question of clarification at any point in the proceedings. To conclude, I point out that the lead objector and the promoter will each have the opportunity to make brief closing remarks. Where a group does not wish to address a specific topic in a category, they should indicate that intention at the start of consideration of the relevant category. The promoter should also indicate whether they wish to address any issues that an objector considers do not require to be raised at this session. We now move to the formal evidence, and I welcome back the witnesses from groups 3 and 6 who did not conclude their evidence on 26 March. We will recommence proceedings where we left off at that meeting. For the objectors, I welcome from group 3 David Kilkerr, who is the lead objector, Jean Douglas and Bill Flockhart. I thank you very much for attending again. From group 6, I welcome Beverley Klein; again, I thank you for coming back. I also welcome those representing the promoter: Billy Maclntyre, head of resources, children and families, City of Edinburgh Council; lain Strachan, principal solicitor, legal, risk and compliance, City of Edinburgh Council; Charles Livingstone, associate, Brodies LLP; and Ian Alexander, design director, JM Architects. Where it is appropriate, witnesses may wish to refer to evidence that was provided at the meeting on 26 March if an issue has already been covered and the specific concern addressed, as that will avoid unnecessary repetition. At the previous session, we reached questioning by the objectors on the issues covered by category 1, which are loss of amenity and use of the park, including associated health and mental wellbeing, and replacement open space. I invite objectors to conclude questions to the promoter on issues in that category. Who would like to go first?
In the same item of business
The Convener
Lab
Under item 2, we will hear oral evidence. As I said at the previous meeting, I remind all witnesses that we already have the content of all objections and th...
Bill Flockhart
At the previous meeting I did not say anything at all, for the simple reason that there were time constraints and the committee was running against the clock...
The Convener
Lab
I appreciate that contribution, Mr Flockhart—it is perfectly acceptable given the time constraints. Do you have a question for the promoter on those issues, ...
Bill Flockhart
I just wonder why the park was not restored to its former glory. Portobello park, as it was, is the equivalent of what I consider the Meadows to be: somewher...
The Convener
Lab
Okay—we will put that as a question, then.
Bill Flockhart
It needs to be sorted out.
The Convener
Lab
Does the promoter have anything to say?
Billy MacIntyre (City of Edinburgh Council)
I will respond to the suggestion that the park has been run down. There was a period between August 2011 and early 2013 when, as a result of the archaeologic...
Bill Flockhart
Which is totally unnecessary. There is one of the largest parks in Edinburgh—Figgate park—about 150 yards away. I am sorry—
The Convener
Lab
I will come back to you, Mr Flockhart, but we will let the promoter finish.
Billy MacIntyre
As I was saying, those areas will be accessible and the provision of the new area of open space will improve the accessibility of open space to those in the ...
The Convener
Lab
Thank you.
Bill Flockhart
The bit that the promoter has thrown in latterly about providing green space on the current site is totally unnecessary, as 150 yards down the road there is ...
Billy MacIntyre
The very positive response from the community to provision of that space speaks for itself. It is by no means a red herring; that space will be delivered. 0...
Bill Flockhart
But it is not necessary.
The Convener
Lab
Do any other objectors have questions for the promoter on category 1?
Beverley Klein
Yes. If the bill proceeds and is approved and the school is built on the park, would you agree that, whereas currently spontaneous play can occur, involving ...
Billy MacIntyre
There is a question about whether a level of spontaneous play happens just now. Personally, I have not seen any evidence of that on many occasions when I hav...
Beverley Klein
I would beg to differ. I am interested in your comment that the area would be flat, whereas it is not at the moment because there is a slight slope, which cu...
Billy MacIntyre
That is correct.
Beverley Klein
That suggests that your assertion of the current limitations on playing football there is not a valid argument.
Billy MacIntyre
It is a valid argument. The area is on a slope, and it is not entirely suitable for football. The new 3G pitches will be flat and will be far more suitable f...
Beverley Klein
I see. Given the suitability of the park for football now and previously, would it be fair comment to say that the council did not discharge its function pro...
Billy MacIntyre
No, I would not agree with that. I am slightly confused. You and many other people have suggested how well the park was and is being used. I am not sure how ...
Beverley Klein
I am not saying that the park is not well used—it is absolutely the contrary. You are saying that the condition of the park, with the slope, means that footb...
Billy MacIntyre
That is your opinion.
Beverley Klein
It is, absolutely.
Billy MacIntyre
Noted.
Beverley Klein
The last time I tried to explore the usage survey with you, we were cut short because of time restrictions. Would you say that you have any concerns about th...
Billy MacIntyre
No.