Five things you need to know today

If the report is approved at the Council meeting next week, the only remaining obstacle to work beginning immediately will be PPAG’s court appeal.

The appeal is due to be heard on 23 and 24 May 2012 although the judgement may take some time, meaning that the earliest the much needed new High School could open would be August 2014.  However, if the appeal is dropped, the school could open its doors as early as January 2014.

Councillors will be asked to formally approve the appropriation of an area of land in Portobello Park under the powers of the Local Government (Scotland) Act 1973.  The power to do this is something that the Council has asserted since 2008, a position that was fully supported in the recent judgement by Judge Lady Dorrian, in which she also dismissed the petition from PPAG on the grounds of their excessive delay.

In addition, Councillors will also be asked to approve the appropriation of the land under Section 20 of the Local Government in Scotland Act 2003.  This provides local authorities with the power to do anything they consider likely to promote or improve the well-being of its area and persons within that area. This provides the Council with a separate legal power to allow the plans for the new Portobello High School to be taken forward.”

When the council met on 26 April 2012 they approved the administration motion to proceed with the legal moves necessary to put the land at the disposal of the council for the purpose of building a school on it. Below is what is recorded in the Council minutes, and it is clear that the council await the court decision which will flow from the proceedings today and perhaps tomorrow, before taking any further action.

This is what the council minutes record:-

The New Portobello High School

Progress on the project to build the new Portobello High School on a site at Portobello Park was detailed.

(a) Deputations

The Council heard the following deputations:

PFANS (Portobello For A New School)

The deputation expressed concern at the delays in providing a new Portobello High School. They said that the current building was extremely flawed, the accommodation sub-standard and there was now no patience within the community for further legal arguments against the building of a new school.

The deputation expressed their gratitude for the support they had received from the Council for the new high school and urged them to support the recommendations in the report by the Director of Children and Families.

Portobello Park Action Group

The deputation stressed that they were in support of a new school for Portobello; their objection was to it being built on public parkland. They felt that the future of the golf course remained at risk as its future funding was only guaranteed for one year with no assurances that it would be safeguarded for recreation in perpetuity. They asked the Council to nominate the golf course as a Queen Elizabeth Field to demonstrate the Council’s commitment to its future.

The deputation felt that there had been no meaningful consultation through the six years planning process and that the Council had contravened its own Open Space planning policy. They urged the Council not to approve the recommendations in the report by the Director of Children and Families until the legal situation had been resolved.

Portobello High School Parent Council

The deputation were delighted to see the plans for the new school at Portobello reaching their final stage and felt that the Council should be proud of the way in which they had carried out their consultation and research which would result in a fabulous design for a fantastic school. They were of the view that the current school was preventing both pupils and staff reaching their full potential.

The deputation stressed that the Portobello community were extremely enthusiastic about the proposals and that the majority recognised it as a good option for the area and a wonderful community resource. They urged the Council to support the recommendations in the report by the Director of Children and Families.

(Reference – e-mail requests, submitted.)

(b) Report by the Director of Children and Families

An update was given on the project to build the new Portobello High School, together with details of the status of the legal challenge to, and subsequent appeal against, the school’s construction on a site at Portobello Park. Approval was sought for the next steps in the process.

Motion

1.   To note the contents of the report by the Director of Children and Families and the latest position relating to the progress of the project and the associated legal challenge.
2.  To note the outcome of, and approve the responses to, the consultation exercise required by the Town and Country Planning (Scotland) Act 1959 as set out in the Director’s report.
3.   To appropriate the land (as common good land) at Portobello Park as specified at paragraph 3.28 of the Director’s report for use as the site of the new Portobello High School and associated community facilities under the powers available within the Local Government (Scotland) Act 1973.
4.  To appropriate the land (as open space and common good land) at Portobello Park as specified at paragraph 3.28 of the report for use as the site of the new Portobello High School and associated community facilities under the powers available within s20 of the Local Government in Scotland Act 2003.
5.   To accept the tender from Balfour Beatty Construction Scottish & Southern Limited of £26,114,107 and to enter into a contract with them as the principal construction contractor to deliver the new Portobello High School on the condition that the existing appeal be first either successfully concluded in favour of the Council or withdrawn in each case to the satisfaction of the Chief Executive in consultation with the Director of Children and Families and the Director of Corporate Governance.

6.  To delegate authority to make the decision referred to in paragraph 5 above to the Chief Executive, in consultation with the Director of Children and Families and Director of Corporate Governance.
7.   To receive a further report for information at the earliest opportunity following any decision having been taken in accordance with paragraph 6 above.

– moved by Councillor MacLaren, seconded by Councillor McIvor (on behalf of the Administration).

Amendment

To approve the motion and add:

8.  To recognise that those supporting the new school were also supportive of open space provision and that those defending the park were not opposed to a new school.
9.   Therefore, to call for a report, within three cycles, investigating the possibility of using the existing school site as compensatory green space, such compensation having been originally agreed in 2006.
10. 10)  Further, in order to guarantee the remaining open space around the school, including the golf course, would be protected from development, to designate it a Jubilee Park.

– moved by Councillor Chapman, seconded by Councillor Johnstone (on behalf of the Green Group).

Voting

The voting was as follows:

For the motion – 54 votes

For the amendment – 3 votes

Decision:- To approve the motion by Councillor MacLaren.

(References – Act of Council No 1 of 22 September 2012; report no CEC/102/11-12/CF by the Director of Children and Families, submitted.)