Regional Sports Centre ... some learning points?

Councillors have been bombarded with material from objectors to the Regional Performance Sports Centre, planned for Caird Park.

Tempting though it is to dismiss this as grievance driven rubbish from obsessive people who will not listen to reason, I can't. Their arguments make a lot of sense. The problem is that everything revolves around process, and no-one's interested in that. Except, perhaps, the courts; and naive souls who think everything should be done properly.

A planning application for the Caird Park development very nearly reached the Committee in November 2016. It was withdrawn at the last minute, and the reason given was the objection from Historic Scotland. A large sports building was to be sited close to historic Mains Castle, an A listed building.

This objection had been around for months and was included in the report submitted to Committee with a recommendation for approval. Other factors cited in public were the objectors' call for a Pre-Determination Hearing, and the withdrawal of Dundee Football Club (announced in public in December).

Whatever the reason for the last minute withdrawal, it has become clear to me that many things about this application were wrong. My opinion is that we did the right thing by withdrawing it. At Monday's P&R Committee we have the opportunity to start again.

Here are the things we need to sort.

Pre Application Consultation
Consultation with the community was minimal and I cannot find any report which tells me what the community said.

Environmental Impact
Council Planning Officers decided an Environmental Impact Assessment was unnecessary. As it turned out, they were wrong. Objectors asked the Scottish Government to rule on this, and the answer from Government (in December 2016) leaves no-one in any doubt. There should have been an Environmental Impact Assessment.

Biodiversity
We have a duty to protect and enhance biodiversity when considering planning applications. We also have a legal duty to produce a biodiversity report every three years and publish it. We have not done so. Without that report, it is difficult to assess the effects on biodiversity of the Caird Park application.

It was only at the last minute ... 7 November 2016 ... that we published a Landscape Statement acknowledging the recent presence of otters close to the sports centre site. This was one of 45 documents connected to the planning application, and there was no reference to it in the report to Committee. Officers may have intended to point this out at the Committee.

Oak Ward Wood
The Scottish Woodland Trust call it "Ancient woodland" ... the Council called it "old trees" ... it may be that the new application will not affect Oak Ward Wood, but given the dispute over its status and value, I think we need more information.

A Pre Determination Hearing
Objectors have asked for a Predetermination Hearing, so that the issues can be more fully explored. The Scottish Government encourages this in major applications like Caird Park. Dundee has never had a predetermination hearing and has no set procedure for this. I see it as an opportunity to allow more evidence to be presented in a less rigid and stressful way than current procedures permit; and for councillors to be given time to consider that information before they take a final decision, perhaps two weeks later.

If we had had pre determination hearings on applications such as NEXT, Sports Direct and Aldi at Myrekirk, the public might have understood our decisions.

There is a view that the current system gives plenty of time and easy access for objectors and others to put their views and that no pre determination hearing is necessary. I disagree with that view.

Finance
I have been assured that the cost of the amended Regional Sports Centre will be reasonably close to the budget set out in the Capital Plan (approx £19.3 million) and that the new method of procurement ("SCAPE") will ensure that all is well. That's the capital cost.

As for revenue cost, I want to know that the city council is not exposing itself to unreasonable risk, and that the running costs of the centre will be covered. Leisure & Culture will run the Regional Sports Centre, and back in 2015 a business plan was included in the application to Sports Scotland for grant aid. I asked to see the business plan at least three times. My request was declined, apparently because it was a confidential document belonging to Leisure & Culture. I am grateful to the objectors for obtaining this plan via Freedom of Information legislation, and for letting me see it.

The Centre is projected to have a deficit of around £40,000 a year. This causes me no concern ... sports centres run at a loss ... but when the council is taking decisions involving long term financial commitments, we need to know the facts.

In conclusion
I think we, collectively, have messed up this planning application, and as Depute Convener of Development Management that causes me pain. I say collectively because there is an all party Project Board (I am not a member) which has overseen the process so far. That Board has a duty to get answers to the kind of questions which the objectors have posed, and there is still time. They should also be given full information at every stage.

I will support the report going forward on Monday night, but I will be arguing for a proper pre determination hearing to be held. I will also be seeking assurances that all of our processes will be robust and that councillors will be given the financial information they require to make good decisions.

And I thank the objectors for their painstaking work on this. I still support the idea of a Regional Sports Centre, but let's get the processes right. They exist for good reasons.