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ANGUS COUNCIL

MINUTE of MEETING of ANGUS COUNCIL held in the Town and County Hall, Forfar on Tuesday 4 May 1999 at 4.00 pm.

Present: Provost Mrs FRANCES E DUNCAN, Councillors BRIAN MILNE, GEORGE ALLAN, HELEN ANGUS, IAN ANGUS, WILLIAM CROWE, WILLIAM DOIG, FRANK ELLIS, JACK GIBB, ALEXANDER KING, Mrs RENATE LAMONT, STEWART McGLYNN, IAN MACKINTOSH, GLENNIS MIDDLETON, WILLIAM MIDDLETON, STEWART MOWATT, ROB MURRAY, GEORGE NORRIE, Mrs KATHLEEN RITCHIE, DAVID SELFRIDGE, ALEXANDER SHAND, SHEENA WELSH, SANDY WEST and THOMAS I N YOUNG.

Apologies: Apologies for absence were intimated on behalf of Councillors IAN HUDGHTON and RICHARD SPEIRS.

Provost Mrs FRANCES E DUNCAN in the Chair.

1. COUNCIL MINUTES

(a) Angus Council

The minute of the meeting of the Council held on 1 April 1999 was submitted, approved as a correct record and signed by the Provost.

(b) Environmental and Consumer Protection Committee

The minute of meeting of the Environmental and Consumer Protection Committee held on 6 April 1999 was submitted and approved.

(c) Housing Committee

The minute of meeting of the Housing Committee held on 6 April 1999 was submitted and approved.

(d) Development Control Committee

The minute of meeting of the Development Control Committee held on 8 April 1999 was submitted and, subject to the following, approved.

With reference to Article 3(iv) regarding planning application 98/01174/FUL by North of Scotland Water Authority for the construction of a wastewater treatment plant, landscaping improvements to A92/access road junction and access road at Hatton Farm, Carnoustie, it was reported that two members had referred the Committee's decision to approve the application (subject to the conditions detailed in the Director of Planning and Transport's Report No 394/99) to this meeting in accordance with Standing Order 39(3).

The Director of Planning and Transport presented the application and showed a number of slides. Following this, the following objectors were heard:-

Mr Duncan, Easthaven resident

Mr Bancroft, on behalf of Easthaven Residents Association

Messrs Oswald and Ross, on behalf of Carnoustie Community Council.

After the objectors had been heard, Messrs Johnston and Miller spoke in support of the application on behalf of the North of Scotland Water Authority.

COUNCILLOR MOWATT, SECONDED BY COUNCILLOR MILNE, MOVED THAT THE COMMITTEE'S RECOMMENDATION BE APPROVED.

Councillor Selfridge, seconded by Councillor Mrs Lamont, moved that the application be refused on the following grounds:-

(i) that the proposal would remove 9.4 hectares of Macaulay Grade 1 agricultural land for ever;

(ii) that there already existed three brownfield sites in Dundee for construction of three wastewater treatment plants leaving the construction of a much smaller plant at Hatton to serve Carnoustie and Arbroath to allow clean beaches by 31 December 1999;

(iii) that the proposal was contrary to the National Planning Policy Guideline Number 13 on coastal planning; and

(iv) that the traffic movement associated with the works would be excessive.

On a vote being taken, the members voted as follows:-

For the motion:

Councillors Milne, Crowe, Doig, Ellis, Gibb, King, McGlynn, Glennis Middleton, William Middleton, Mowatt, Murray, Norrie, Shand, Welsh, West and Young (16).

For the amendment:

Provost Mrs Duncan, Councillors Allan, Helen Angus, Ian Angus, Mrs Lamont, Mackintosh, Mrs Ritchie and Selfridge (8).

The motion was declared carried and became the finding of the meeting, resulting in the application being conditionally approved subject to the conditions recommended by the Director of Planning and Transport in Report No 394/99.

(e) Contract Services Committee

The minute of meeting of the Contract Services Committee held on 13 April 1999 was submitted and approved.

(f) Social Work Committee

The minute of meeting of the Social Work Committee held on 13 April 1999 was submitted and approved.

(g) Economic Development Committee

The minute of meeting of the Economic Development Committee held on 15 April 1999 was submitted and approved.

(h) Recreation and Cultural Services Committee

The minute of meeting of the Recreation and Cultural Services Committee held on 15 April 1999 was submitted and approved.

(i) Education Committee

The minute of meeting of the Education Committee held on 20 April 1999 was submitted and approved.

(j) Planning and Transport Policy Committee

The minute of meeting of the Planning and Transport Policy Committee held on 20 April 1999 was submitted and approved.

(k) Roads Committee

The minute of meeting of the Roads Committee held on 20 April 1999 was submitted and approved.

(l) Personnel and Property Services Committee

The minute of meeting of the Personnel and Property Services Committee held on 22 April 1999 was submitted and approved.

(m) Finance and Information Technology Committee

The minute of meeting of the Finance and Information Technology Committee held on 22 April 1999 was submitted and approved.

(n) Civic Licensing Committee

The minute of meeting of the Civic Licensing Committee held on 22 April 1999 was submitted and approved.

(o) Development Control Committee

The minute of meeting of the Development Control Committee held on 22 April 1999 was submitted and approved.

(p) Policy and Resources Committee

The minute of meeting of the Policy and Resources Committee held on 27 April 1999 was submitted and, subject to the following, approved.

With reference to Article 16 regarding the boundary between Angus and Dundee, Councillor King indicated that a detailed response to the remit given by the Committee was being worked on presently and would be available to the new Council. However, in the short time which had been available from the date of the Committee, it had been possible to extract figures relating to the service improvements which had been made on the Housing Revenue account. The main points which could be drawn from these figures were as follows:-

the effect of the policy of the former Dundee District Council in its closing years of undertaking only wind and watertight repairs to housing revenue account properties in Monifieth and Sidlaw areas had led to a backlog of repairs and a need to invest substantial amounts in Council house modernisation works.

in response to this need, Angus Council, over the three years since reorganisation, had invested almost £1.7m in undertaking capital works on the housing revenue account, and, in addition, had spent approximately £478,000 in undertaking essential repair works over the same period.

Councillor King indicated that the information provided to date supported his conclusion that the accuracy of the figures being used by Dundee City Council was highly questionable as they were based on out of date knowledge and did not reflect the current policies of Angus Council.

In the circumstances, the Council resolved, on the motion of Councillor King, to ask the Chief Executive to produce a report defending the situation of the current Angus boundaries and examining the implications of transferring any parts of Angus to other authorities.

2. MOTION

Councillor Ritchie had given notice of the following motion in terms of Standing Order No 24:

"That the Council seek an urgent meeting with Tayside University Hospitals NHS Trust and Tayside Health Board to discuss the growing public concern regarding the future of Stracathro Hospital."

The Council resolved to approve the motion and agreed to use the Angus Health and Community Care Liaison Group as the mechanism for the meeting referred to in the motion.

3. ORDERS AND RESOLUTIONS

A92 Project: Notice of Intention to Develop, Compulsory Purchase Order, Side Roads Order and Redetermination of Exercise of Public Right of Passage Order

With reference to Article 12 of the minute of meeting of the Council held on 2 July 1998, there was submitted Report No 477/99 by the Director of Law and Administration and the Director of Roads informing the Council as to progress in respect of the Notice of Intention to Develop, the Compulsory Purchase Order and the Side Roads Order in relation to the A92 Project.

The Report recommended that the Council promote a separate Compulsory Purchase Order and Side Roads Order in respect of land falling within the local government area of Angus, as opposed to the promotion of Joint Orders with Dundee City Council in respect of land falling within both local government areas, as a result of informal consultation with the Scottish Office. In addition, it was recommended that a separate Redetermination of Exercise of Public Right of Passage Order should be promoted solely in respect of the local government area of Angus. Finally, it was also recommended that the Council should proceed with the initiation of the statutory planning process within the Angus area by means of a Notice of Intention to Develop.

Copies of the draft Compulsory Order and the Roads Orders were attached to the Report, with the related plans being available for inspection at the meeting

The Council resolved:-

(i) to agree that the necessary notices in respect of the Notice of Intention to Develop for the project should now be issued thereby instigating the statutory planning process;

(ii) to agree that the Compulsory Purchase Order and Side Roads Order should be made in respect of land falling within the local government area of Angus;

(iii) to approve the making of the Angus Council (A92 Dundee - Arbroath Dualling) Compulsory Purchase Order 1999, in terms of the Roads (Scotland) Act 1984, and all other appropriate statutory powers;

(iv) to promote the making of the Angus Council (A92 Dundee - Arbroath Dualling) (New Side Roads, Side Road Improvements, Stopping up of Side Roads and Private Accesses and Provision of New Means of Private Access) Order 1999, in terms of the Roads (Scotland) Act 1984;

(v) to promote the making of the Angus Council (A92 Dundee – Arbroath Dualling) (Redetermination of Exercise of Public Right of Passage) Order 1999, in terms of the Roads (Scotland) Act 1984;

(vi) to authorise the Director of Law and Administration to finalise and execute these Orders;

(vii) to note that Dundee City Council were currently taking the necessary preparatory steps to formally approve the making of the Orders in relation to the local government area of Dundee; and

(viii) to instruct the Director of Law & Administration to refer this Report to Dundee City Council for its interest.

4. EUROPEAN STRUCTURAL FUNDS 2000-2006: THE CASE FOR ANGUS

With reference to Article 10 of the minute of meeting of the Economic Development Committee held on 8 October 1998, there was submitted Report No 479/99 by the Chief Executive indicating that the Department of Trade and Industry had requested submissions of proposed areas for Objective 2 status across the UK by 25 May 1999. The Report sought approval for the submission of a Joint Objective 2 Industrial/Urban Strand for the Dundee/Arbroath corridor with Dundee City Council and Scottish Enterprise Tayside, and for the submission of an Industrial/ Rural Strand paper for Angus covering the aforementioned Dundee/Arbroath corridor and the existing Objective 5b area, but inclusive of the town of Forfar.

In view of the overall reduction in population coverage for Objective 2 Structural Fund support within the UK, the Report emphasised that there could be no guarantee that the Angus submission would be successful. The Rural Strand case in particular was quite robust, particularly when linked with Perth and Kinross and South Aberdeenshire. The case for Industrial Strand coverage for Arbroath was also good, although the population coverage for the latter was insufficient to warrant inclusion and therefore the best chance for success lay with the joint bid with Dundee City Council and Scottish Enterprise Tayside.

The Council resolved:-

(i) to note the submission of the paper attached to Report No 479/99 on the Reform of the Structural Funds: Case for Objective 2 Industrial/Urban Strand in Tayside 2000-2006; as a joint submission with Dundee City Council and Scottish Enterprise Tayside to the Department of Trade and Industry;

(ii) to authorise the Chief Executive to finalise the Angus case based on the draft paper - "European Structural Funds 2000-2006; The Case for Angus" including the preparation of an appropriate presentation format;

(iii) to authorise the Chief Executive to pursue appropriate actions to lobby for Objective 2 status, including joint action with adjoining Councils where appropriate; and

(iv) to authorise the Chief Executive in consultation with the Convener of the Policy and Resources Committee and appropriate officers to negotiate the most advantageous arrangements for Angus in the event that some adjustment of the eligible area was required.

5. JUBILEE 2000 COALITION

With reference to Article 2 of the minute of meeting of the Council held on 5 November 1998, it was reported that, in accordance with the Council’s resolution, the Jubilee 2000 Coalition Petition had been made available in appropriate Council buildings to which the public had access.

The Council resolved to note that the Petition had now been returned to the Coalition Co-ordinator and to express its appreciation of the members of the public in Angus who had signed it.

6. ARBROATH ABBEY DEVELOPMENT

With reference to Article 6 of the minute of meeting of the Planning and Transport Policy Committee held on 20 April 1999, there was submitted Joint Report No 480/99 by the Director of Property Services and the Director of Planning and Transport on tenders received for the appointment of design consultants to develop a new visitor reception building on Council owned property adjacent to the west elevation (main entrance) of Arbroath Abbey, together with the provision of interpretive facilities. The works would include the removal of vehicular access through the Abbey arch and improved access for the disabled.

The Council resolved:-

(i) to approve the appointment of the consultancy team led by Simpson & Brown, Architects, Canongate, Edinburgh, in the initial amount of £50,000 as detailed in Report 480/99; and

(ii) to note that the total fee for the full consultancy service would be £269,960 in the event of the application for Heritage Lottery Funding being approved.

7. VALEDICTORY REMARKS

Provost Mrs Duncan referred to the fact that this was the last meeting of the Council prior to the local government elections on 6 May 1999 and marked the end of the first Administration of the new Angus Council. She paid tribute to Councillors Mrs Renate Lamont and William Doig who were both retiring after having served 11 years as Councillors in this and predecessor authorities. She was confident that they had both served their constituents well and that they would be missed for their warm and friendly manner. She asked them to accept a gift on behalf of the Council to mark their service as Councillors.

The Provost also paid tribute to the work of the Chief Executive and other officers employed by the Council since their appointment. She paid particular tribute to the work carried out during the shadow year and the partnership which had been formed during it so that the Council was ready for vesting day on 1 April 1996. This partnership had strengthened over the last three years and she expressed her sincere thanks for the support and guidance which she, Conveners and all members had received during their period of office. She also thanked her fellow members of the Council for the way in which business had been conducted and felt that the 26 members had gelled into an effective team. She paid particular tribute to her Depute, Councillor Brian Milne, for the support which he had given to her during her period of office.

Mr Sandy Watson, Chief Executive, replied on behalf of the Management Team and other officers of the Council and congratulated the members on what had been achieved since the Council’s inception.