Shona Robison and Scotland's "Obesity time bomb"

Shona Robison is the SNP Minister for Public Health and Sport in the Scottish Government.

She has just launched the strategy document, "Preventing Overweight and Obesity in Scotland - A Route Map Towards Healthy Weight" to tackle Scotland's “obesity time bomb” which specifically includes:

...working with schools to continue encouraging young people to take up healthy habits.

What hypocrisy!

Is this the same Minister for Public Health and Sport who supports the Dundee SNP administration in building an £11.5m new local West End Primary School for 450 children that:

• Has no playing fields (in contravention of Government Regulations)?
• Has no outdoor sporting facilities and thus requires all exercise to be undertaken in a planned top floor Gym?
• Is on a site that is too small (which has been confirmed by the Scottish Government)?
• May even fail to meet the minimum playing area per child for school playgrounds?

We asked MSPs, on behalf of those least able to speak up for themselves, to question Shona Robson on why she and her SNP party are specifically preventing adequate playing space from being allocated for young primary children to play and exercise in in the West End of Dundee.

Mary Scanlon (Highlands and Islands) (Con) has kindly done so, in a debate on Preventing Obesity, 24 February 2010:

"I understand that new schools in Scotland are still being planned with no playing fields or outdoor sporting facilities and on sites that might fail to meet the requirement on the minimum playing area per child. I hope that the partnership with COSLA will ensure that, in future, there are adequate facilities for children."

Will Ms Robison please decide which camp she is really in?

"Excambion [exchange] of property at Blackness Road"

On Monday 22 February 2010, the City Development Committee were asked to meet "as a matter of urgency" to discuss in private, excluding the press and public, "Excambion of property at Blackness Road". We understand this refers to the city council's discussions with the Al-Maktoum Foundation to exchange part of the grounds (stages 1 and 2) of St Joseph's for the Logie site (which the council originally owned and sold to Al-Maktoum in 2004), as well as the sale of the remainder (stage 3) of St Joseph's grounds once the school building is vacated.

Papers circulated earlier last week had cancelled the Committee meeting stating, "there is no outstanding business which cannot be dealt with at a later date", and we could not understand the urgency, so we asked the city council the following questions. The response from Roger Mennie, Legal Manager, and Patricia McIlquham, Depute Chief Executive (Support Services) are included below, and West End councillors have confirmed that these may be shared with the public.

Q1. Why does this item needs to be "considered as a matter or urgency...in view of the timescales involved"?

A. The proposed terms for the excambion have only just been concluded and the parties wish to proceed as soon as possible. The report could not have been drafted in time for the usual notice to be given for the meeting [on Monday] - hence the Convener agreed that the item be considered as a matter of urgency in terms of Standing Order 17(b).

Q2. What is the nature of the "exempt information" that will be involved?

A. The exempt information is as defined in paragraph 6 (information relating to the financial or business affairs of any particular person (other than the authority) and paragraph 9 (any terms proposed or to be proposed by or to the authority in the course of negotiation for a contract for the acquisition or disposal of property) of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

Q3. What would be the specific reasons under which the Committee "may resolve...that the press and public be excluded from the meeting for the undernoted item"?

A. The reasons are as identified in paragraphs 6 and 9 aforementioned.

Q4. Why is this excambion being tabled before planning consent has been sought and how can it proceed when there is a school using the facilities?

A. The excambion will be conditional on planning permission being obtained. The legal documentation to be entered into will ensure that the new school is built before the transfer of ownership takes place.

Q5. What assurance can be given that the city council actually owns the land at St Joseph's and is entitled to complete the excambion? Was any part of the land gifted by people through bequests and are there any conditions that restrict the terms of its disposal?
A. The Title Deeds have been examined and there is nothing in the way of conditions or burdens which would prevent the intended sale and use of either piece of ground.

Q6. Why is the land not being offered to the open market, to ensure best value for public funds?

A. The two areas of land have been valued independently by the District Valuer having regard to open market value to ensure that the Council is receiving value for money.

We would like to take this opportunity to thank the West End councillors who took these questions forward on our behalf, and to the council officers for their prompt reply. Let's hope this is the beginning of more open dialogue with the council.

Notes from the West End Local Community Planning Partnership - 18th February 2010

Following our request inviting the public to attend last week's West End Local Community Planning Partnership meeting, we're pleased that there was a good turn out. We report below some notes from this meeting:

It seems that the council do not intend to comply with the recommendations from HMIE regarding provision of playing fields, as Dundee City Council have nothing in their budget for playing fields at Victoria Park despite telling the Scottish Government that this was their intention. When asked why they were ignoring HMIe’s recommendations, the Project Director said that it was not her department, but that the Education Department could answer this query.

One of the West End councillors stated that when this point was raised at the Project Board meeting (27th January) a representative from the council indicated that they would contact the Scottish Government to state clearly what the council would have to provide in Victoria Park.

They are still awaiting this response.

A member of the public pointed out that if the council do not provide playing fields then they are in breach of the Schools Premises (Scotland) Regulations and they cannot therefore proceed with the project. A member of the St Joseph’s Parent Council brought up the fact that in a questionnaire completed by parents (soon to be issued to the Parent Forum of St Joseph's school), more than 90% of the parents want outdoor space and outdoor activities for the children on the new site.

Parents are still very concerned about the road safety aspects of the site, yet the police remain to see the plans so could not offer an opinion on the safe pick up and drop off of children.

Members of the public raised concerns about the consultation process by the Council and Diocese. They were told that it was the committee's understanding that both the parish, and school had been consulted, and not only was the Diocese in favour, but so were the parish and majority of parents.

A member of the St Joseph's Parent Council refuted this information based upon their own survey of parents and a parishioner of St Joseph's Church added that the parish were not consulted on support for the proposal.

The Project Director referred to the report to Education Committee on 11 May 2009 when the consultation ended and was then passed by the Education Committee, with no objections.

It was then pointed out by a member of the public that the report she referred to, did not include the fact that 81% of respondents with comments about the proposal were firmly against the proposal, yet this information was not mentioned in the report.

Another member of the public said they were very concerned that the land deal was still proceeding even although planning permission had not been granted. What if it was refused? St Joseph’s school grounds would be seriously diminished.

The Project Director gave a timetable of milestone dates re planning and tendering, which appear to be optimistic based on current EU regulations.

The topic of contamination was also raised and it was asked if any study was done to date. The answer was that is has not and the council was questioned why the land swap process was taking place even before a study was made.

New school design obtained from Freedom of Information

On 26 January 2010, the West End Parents Committee received material from Scottish Government as a response to a Freedom of Information request. This material included early stage designs for the Logie site (June 2009) as well as detailed designs submitted by Dundee City Council to Scottish Government as a follow up to their application for dispensation in August 2009.

We confirmed with Scottish Government on 10 February 2010 that this material is now deemed to be in the public domain, and specifically that we are permitted to print/publish the site designs, which we have done below.

Note that the city council have shared the same design with the new Project Board, which convened on 27 January 2010.

Please consider these designs and make an effort to attend the West End Local Community Planning Partnership meeting on 18 February 2010, 7pm, at the Tartan Cafe

(53 Perth Road, Dundee) where the project director will give a presentation of the schools project.

West End Schools Project presentation 18 February at 7pm, Tartan Cafe

The West End Schools Project is now in the pre-planning application stage (under the new planning regulations) and the local community has an opportunity to comment on this initial stage of planning. Brief details of the application (10/00048/PAN) are available from the city council's website at:

http://bwarrant.dundeecity.gov.uk/publicaccess/tdc/DcApplication/application_detailview.aspx?caseno=KX64KMGC03500

Note that the detailed site plans, which show the allocation of space for the building, playgrounds, green space, access road, car parking and areas of unused land, along with internal classroom layouts, are not included on this website. Hopefully the city council will share these soon.

As a statutory consultee, the West End Community Council was served with the Proposal of Application Notice and has a period of 21 days (which started on 1 February 2010) to comment.

Also, the next meeting of the West End Local Community Planning Partnership will include a presentation on the West End Schools Project from the Project Director, Ms Gillian Ross Pond.

18 February 2010 at 7pm

in the Tartan Cafe, 53 Perth Road, DD1 4HY (Google Map)

This is an opportunity for all members of the public to ask about the council's plans for these new schools and the use of Victoria Park for the provision of school playing fields.

Please come along if you can.

More confusion over DCC plans for Victoria Park

This week's press has highlighted a number of worrying concerns raised by local councillors, as well as further confusing statements from the city council. To set the scene, the School Premises (General Standards and Requirements) (Scotland) Regulations 1967, and amended, state:

8(1) Every primary school shall have available and in close proximity to it playing fields not less than the area specified in Table IV according to the number of pupils for which the school is designed except where the provisions of regulation 8(4) apply.

Depending on the extent to which playing fields are shared between the two schools, Table IV indicates that the West End Schools proposal requires between 4000-6000 square metres (1-1.5 acres) dedicated for playing fields.

We have learned from Freedom of Information requests that the Director of Education wrote to Schools Division of Scottish Government in April and May 2009 as follows:

"With regard to the matter of playing fields, we are committed to providing facilities at this site for outdoor education."

"It will not have a playing field, although there will be one in close proximity."

Also, the Convener of Education stated on STV in May 2009:

"..there is no absolute need for them, for us to provide them with a playing field as part of the facilities of the school"

The Scottish Government decision notice, available from their website, grants dispensation to DCC for the size of site being less than that required by regulation 7, and states:

5.6 The provision of a hall, gymnasium and outdoor play area, along with the proposal for both schools to be able to use the nearby Victoria Park for outdoor activities and games, offer good potential for each school to ensure that all children receive the appropriate allocation of time for good quality physical education. As yet the council has not formally dedicated any space in the park for use by the schools, nor indicated what, if any, games pitches might be laid out for their sole or shared use. The draft plans for the proposed shared campus include the possibility of a small shared all-weather area which could be used for games and other outdoor activities. It is not clear at the moment whether or not this pitch will actually be built if the proposal goes ahead.

6.2 HMIE recommends that the council be asked to clarify its proposals for use of Victoria Park by giving a commitment to how it would dedicate part of the park for use of the two primary schools and a firmer indication of what pitches or sports areas might be laid out for their use at various times of the year.

Note the need for "appropriate allocation of time for good quality physical education" rather than occasional use of a public park, which any school at any time is fully entitled to do, in addition to its playing fields. Also, the city council is asked to give "a commitment to how it would dedicate part of the park" (emphasis added).

Now, read on and let us know if you can make sense of the council's plans ...

1. Plans for £10m shared campus get green light (The Courier, 11 Dec 2009)

The council said it will be "addressing" the Victoria Park issue - a draft proposal includes the possibility of a small, shared all-weather but no space has been dedicated in the park for schools use.

2. £10m schools plan to be discussed (Evening Telegraph, 11 Dec 2009)

The joint campus is expected to be three storeys high and include playing fields at Victoria Park for use by both schools.

3. Row over plans to use Victoria Park (The Courier, 12 Dec 2009)

... elected members, parents and teachers were not consulted about plans to use Victoria Park as playing fields for schools use. It was also claimed last night that PE sessions in the park could "change the nature" of a popular west end green space.

... Ministers were told that Victoria Park could be used for playing fields, perhaps with an all-weather surface installed, but Councillor Bidwell said a "detailed proposal" was not previously shared.

... a claim which Councillor Fordyce denied last night. "I can't say off the top of my head when it was first raised," she said. "It wasn't just tagged on at the end - it was raised."

4. City official not consulted on plan for Victoria Park (The Courier, 14 Dec 2009)

Director of leisure and communities Stewart Murdoch was not aware that education bosses had told ministers the park could be used for playing fields, perhaps with an all-weather surface installed.

... The plan, in particular the Victoria Park proposal, has caused much controversy locally and last night Mr McCready said it must be examined "in great detail" before being rubber-stamped.

... "Victoria Park is popular with local people in the west end and is well used," Mr McCready added. "Using it exclusively for educational purposes may impact on local people's use of the park and I want to be sure that their views are taken on board as well as the views of the education stakeholders."

5. School's park plan will not mean fence (The Courier, 15 Dec 2009)

Dundee City Council has stepped in to try to reassure west end residents that parts of Victoria Park are not to be fenced off for the exclusive use of pupils. The park has become central to the row over future primary school provision in the area.

... Attempting to answer the criticism, the council pointed to other schools in the city that use public parks and said there would also be outside space available on the shared campus itself.

"There will be playground areas, including a grassed area, located within the proposed shared campus," a council spokesman said.

"There is also the possibility of including an all-weather area in the draft plans for the former Harris Academy annexe site.

... the spokesman added, "The use of Victoria Park for sporting activity will form part of our plans but it is not our intention to erect any fencing around a dedicated area or to construct an all-weather surface at the park."

6. Worries over Victoria Park (Evening Telegraph, 15 Dec 2009)

Doubts have been expressed about the use of Victoria Park for playing fields, and west end councillor Fraser Macpherson revealed today many west end residents had contacted him with concerns.

One Blackness Road resident had written, "I find it unbelievable that a decision such as this appears to have been made with no public consultation. The park has been in use as open public space for over 100 years and a change of use of even part of it would be seriously detrimental to its use and to the west end as a whole. I would like to know why this is the only option being looked at, and what other options are available."

7. Concern at St Joseph's proposal (Letters, Evening Telegraph, 15 Dec 2009)

I feel the new school, with its wifi, and hopefully no leaks, is a double blow to the many St Joseph’s pupils who live in the west end tenements, as not only will they be robbed of the vital opportunity to explore the outdoors while at school, those whose parents take them to play at Victoria Park will have their space to play constrained as sections will be cordoned off for the new school’s facilities.

8. Council pressed on park proposal (The Courier, 16 Dec 2009)

The city council has pointed out that other city schools use public parks, and also said there would be outside space on the shared campus itself.

... (Councillor) McCready pointed out that the school inspectors' report issued last week talked about there being a "dedicated" part of the park for the schools to use.

9. Victoria Park talk "most unhelpful" (Evening Telegraph, 16 Dec 2009)

West End SNP Councillor Jim Barrie spoke out over "rumours" associated with the proposal after talks with the director and convener of education.

... Councillor Barrie said, "It is important the public are aware and assured there will be no area 'cordoned off' for dedicated school use and full access for members of the public will continue."

... Mr Barrie said, "... I remember as a five-year-old pupil the excitement of the rare visits to Victoria Park for summer sports day, and being introduced to the many varieties of trees in Balgay Park. That is what Balgay Park is there for, and the occasional use of its facilities should be encouraged. I am sure the regular users of the park would love to see more children playing, not only in Victoria Park, but exploring the trails up Balgay Hill and visiting the Observatory."

10. Don't despoil Victoria Park (Letters, The Courier, 18 Dec 2009)

The Friends of Balgay heard a brief hint of this plan a few weeks ago and immediately protested.

Victoria Park is very well used by families and young people who gather together there, picnic when the weather is fine and enjoy the friendly atmosphere.

If football is played there, the ground will be churned up and lying on the grass will no longer be comfortable or even possible.

... To get to Victoria Park from the planned school site, children would have to walk quite a distance up Blackness Road, negotiate what is quite a dangerous crossroads and make their way round the flower beds. It would seem that a simpler solution would be to bus the children to Lochee Park and allow them to use the facilities available there.

11. Pledge to consult Victoria Park users (Evening Telegraph, 18 Dec 2009)

In an email to Cllr MacPherson, Mr Collins pointed out that new regulations now give easier opportunity for anyone who wishes to make comment on a planning issue and emphasised no major takeover of any of the park space is envisaged.

He added there are “no proposals to erect fences and the statement I have read in the Press about a possible all-weather facility is quite simply wrong — no such facility is proposed.

12. Victoria Park concerns - feedback from the Director of Education (Councillor Fraser Macpherson's blog, www.dundeewestend.com, 18 Dec 2009)

... the City Council's Director of Education has responded to me about the department's proposals for use of Victoria Park by the schools on the proposed shared campus on the former Logie Secondary School site as follows :

"I want to emphasise that no major take over of any of the park space is envisaged. Primary schools in Dundee who do not have dedicated playing fields occasionally make use of park space for events such as sports days and football matches, but their use tends to be rare. I do not envisage the new West End campus requiring anything more frequent in Victoria Park."

If you can decipher the council's plans and align these with the Scottish Government and HMIe decision notice, please leave a comment and help us understand.

STV coverage of the decision on the council's application for dispensation

A spokesperson for the West End Parents Committee was interviewed by STV yesterday for a reaction to the Scottish Government's decision to approve Dundee City Council's application for dispensation. See here for the STV footage: http://news.stv.tv/video/dundee-tayside/stv-news-local-tayside-20091211/ (1m45s into the video).

Note that although the council submitted an application on 4 August 2009 for dispensation on size of site and provision of playing fields, they later amended the application on 15 September 2009 by promising to use Victoria Park for playing fields and retracted their application for dispensation under Regulation 8 of the School Premises (General Requirements and Standards) (Scotland) Regulations 1967 and as amended.