The sale of a ransom strip of land blocking crucial safety upgrades on the A90 may be forced through by Dundee City Council.
The Swallow Roundabout has been branded a serious safety risk as the Western Gateway development brings more traffic to the junction.
However, after two years of fruitless negotiations between housebuilders Springfield and a private landowner, the council is looking at ways to step in.
The local authority is assessing the “feasibility” of a compulsory purchase order (CPO) if the delay continues.
CPOs are used by councils and governments to obtain land or property without the consent of the owner.
Ransom strip
The land in question is a small strip to the north of the roundabout — part of Scotland’s busiest route to the north-east and the start of Dundee’s Kingsway bypass.
Such pieces of land are often dubbed “ransom strips” because although they are small and insignificant, they can be crucial in a wider construction project.
It is listed online as belonging to the “Residue of Invergowrie Estate = Trustees of Christopher Clayhills Henderson Lifevent Trust.”
The land is needed to expand on the existing road safety infrastructure at the roundabout.
A restriction imposed by the local authority states Springfield cannot sell more than 270 homes until it pays to upgrade it.
This is to guard against increased traffic coming from the new housing estate, which could eventually reach more than 1000 homes by 2025.
The firm has so far built 316 new properties, leading to accusations the developer is already in breach of planning conditions.
‘Very worrying for public safety’
Pamela Henderson, who is a trustee of the Christopher Clayhills Henderson Lifevent Trust, echoed this claim and says the trust is not asking for more than the land is worth.
She said: “We are aware that the upgrade of the Swallow Roundabout should have been finished by the time 270 houses were built and that more than 300 houses are now occupied.
“This is a major breach of the planning conditions, which were put in place to protect roads users.
“This is obviously very worrying for public safety and we have been anxious from the beginning not to cause any delays to these vital works.
“We have been endeavouring to come to an amicable solution for over two years but, unfortunately, Springfield Properties have not demonstrated the same sense of urgency.
“The Trust is willing to sell the land required to Springfield or the council at the earliest opportunity.”
She added: “To reiterate, we are willing sellers and there is no requirement to use compulsory purchase and public funds to assist a plc house builder avoid their obligations.”
The different valuations obtained by the trust and Springfield are not known.
It is understood the estimated cost to upgrade the roundabout would be over £4 million.
Springfield Central Managing Director, Peter Matthews, said the company is committed to improving the roundabout in partnership with the council.
He said: “We are hopeful that our discussions with the council and the third-party landowner over a small strip of land included in our approved designs will conclude soon.
“This would enable us to revisit our construction programme and organise to start on site.
“While traffic pressure on the roundabout (and across the city) has eased due to home working and recent lockdown restrictions, we’d like to reassure residents at Dykes of Gray that all parties are dedicated to ensuring that the roundabout upgrade can be delivered as quickly and safely as possible.
“This includes the extension of the footpath from the village to existing walking routes enhancing the accessibility of the village.”
A spokesperson for Dundee City Council said: “We are keen to see the upgrading of the Swallow roundabout as soon as possible and continue to encourage the landowner and developer to conclude their discussions that would allow the junction to be upgraded.
“The council has statutory powers of Compulsory Purchase which will be considered as an option in the event that a negotiated agreement cannot be reached.
“Enhancing walking and cycling routes in the Western Gateway and to the city are also important and the council will be undertaking further studies to support more active travel.”
What is Transport Scotland saying?
Transport Scotland is responsible for delivering the Scottish Government’s vision for transport.
It works to reduce accidents and fatalities on the country’s roads.
A spokesperson said: “The developer of the Western Gateway area, Springfield Developments, is currently limited by planning conditions in the number of houses that can be built before the improvements at Swallow roundabout are undertaken.
“This is set at 270 dwellings and is based on an assessment of the operation of the existing road network, including Swallow roundabout.
“The formal Minute of Agreement between Transport Scotland and Springfield Properties to allow works to proceed is not yet complete.
“We are awaiting a further submission from the developer.
“The completion of the works is a matter for the developer to promote and achieve in accordance with the requirements of planning conditions and the Minute of Agreement once concluded.
“The enforcement of planning conditions is a matter for the Council and, being a planning issue, it would be for the council to consider what action would be appropriate in the circumstances.”
