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ANGUS COUNCIL

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Thursday, 15 August 1996 at 6.30 pm.

Present: Councillors Mrs KATHLEEN RITCHIE, STEWART MOWATT, WILLIAM DOIG, FRANK ELLIS, IAN HUDGHTON, ALEX KING, Mrs RENATE LAMONT, WALLIE LEASK, WILLIAM MIDDLETON, BRIAN MILNE, ALEXANDER SHAND, SANDY WEST and THOMAS I N YOUNG.

Councillor Mrs RITCHIE, Convener, in the Chair.

1.     MINUTES OF PREVIOUS MEETINGS

The minutes of meetings of this Committee held on 23 May 1996 and 13 June 1996 were submitted and approved as correct records and signed by the Convener.

2.     MINUTE OF EXECUTIVE SUB-COMMITTEE

The minute of meeting of the Development Control Executive Sub-Committee held on 15 July 1996 was submitted and noted (APPENDIX).

3.     BUILDING WARRANTS

There was submitted and noted Report No 615/96 by the Director of Planning, Transport and Economic Development detailing Building Warrants recently issued.

4.     SCOTTISH BUILDING CONTROL ORGANISATION - TYPE APPROVAL SCHEME

There was submitted Report No 604/96 by the Director of Planning, Transport and Economic Development on a suggestion that the Council join the Scottish Building Control Organisation Type Approval Scheme at a cost of £250 per year. After noting the benefits of subscribing to the organisation, the Committee agreed to join, as recommended in the Report.

5. PLANNING APPLICATIONS

There was submitted Report No 645/96 by the Director of Planning, Transport and Economic Development on applications for planning consent.

The Committee agreed as follows:-

(i) Delegated Approvals

To note consents issued by the Director of Planning, Transport and Economic Development as detailed in List A of the Report with the exception of application No 03/96/1017 by Sutherland Parke for a sign at Old Balkello, Auchterhouse which, due to an objection having been received, had not been issued and was still therefore under consideration by the Director of Planning, Transport and Economic Development.

(ii) Recommended Approvals

To grant consent, subject to the conditions recommended by the Director of Planning, Transport and Economic Development and/or where recorded, additional or amended conditions approved by the Committee, in respect of the applications detailed in List C of the Report and in the Schedule to this minute.

(iii) Debated Applications

- (a) The Committee considered Application Nos 01/96/1255 and 02/96/1020 by Mr and Mrs Duthie, for an extension to dwellinghouse at Old Toll House, Clocksbriggs, Forfar as detailed in Report No 645/96 (List B) by the Director of Planning, Transport and Economic Development who recommended refusal.

An agent for the applicant was present and addressed the Committee.

Councillor Ellis, seconded by Councillor Leask, moved that the application be conditionally approved.

COUNCILLOR W MIDDLETON, SECONDED BY COUNCILLOR DOIG, MOVED AS AN AMENDMENT THAT THE APPLICATION BE REFUSED.

On a vote being taken, the members voted:-

For the motion:-

Councillors Ellis, King, Lamont, Leask and Shand (5).

For the amendment:-

Councillors Ritchie, Mowatt, Doig, Hudghton, Middleton, Milne, West and Young (8).

The amendment was declared carried and became the finding of the meeting, resulting in the application being refused.

- (b) The Committee considered Application No 01/96/1096 by Mrs Ethel Dargie for outline planning permission for the erection of a dwellinghouse at 25 Holding, Murroes as detailed in Report No 645/96 (List B) by the Director of Planning, Transport and Economic Development who recommended refusal.

The applicant was present and addressed the Committee.

Councillor Ellis, seconded by Councillor Leask, moved that the application be conditionally approved.

COUNCILLOR MRS RITCHIE SECONDED BY COUNCILLOR MOWATT MOVED AS AN AMENDMENT THAT THE APPLICATION BE REFUSED.

On a vote being taken, the members voted:-

For the motion:-

Councillors Ellis, Hudghton, Lamont, Leask and Shand (5).

For the amendment:-

Councillors Ritchie, Mowatt, Doig, King, Middleton, Milne, West and Young (8).

The amendment was declared carried and became the finding of the meeting resulting in the application being refused.

(c) The Committee considered Application No 01/95/1809 by Morrison Construction Limited for a mixed development comprising residential, retail, licensed restaurant and a nursing home at Brechin Road, Montrose as detailed in Report No 645/96 (List C) by the Director of Planning, Transport and Economic Development who recommended conditional approval.

The Committee then heard local objectors to the application and invited Councillor Crowe, a local member, to address the Committee.

COUNCILLOR KING, SECONDED BY COUNCILLOR LEASK, MOVED THAT THE APPLICATION BE DEFERRED TO ALLOW NEGOTIATION WITH THE APPLICANT ON THE PROVISION OF RETAIL UNITS.

Councillor Mowatt seconded by Councillor Shand moved as an amendment that the application be conditionally approved.

On a vote being taken, the members voted:-

For the motion:-

Councillors Ritchie, Doig, Ellis, King, Lamont, Leask, Middleton, Milne, West and Young (10).

For the amendment:-

Councillors Mowatt and Shand (2).

The motion was declared carried and became the finding of the meeting resulting in the application being deferred to allow the Director of Planning, Transport and Economic Development to negotiate with the applicant on the provision of retail units.

6. FARM PARK, LETHAM GRANGE - COMPLIANCE WITH PLANNING CONSENT

There was submitted Report No 585/95 by the Director of Planning, Transport and Economic Development on the circumstances pertaining to a recent complaint received in connection with the conversion of the administration block to hotel accommodation at Farm Park, Letham Grange.

The Report advised that the applicants were in breach of two planning conditions as the company had failed to demolish the chimney and the door on the rear elevation still remained. However, the Director of Planning, Transport and Economic Development had considered the matter and was of the opinion that enforcement action could not be justified at this time.

The Committee therefore agreed that no action be taken.

7. LAND AT FISHTOWN OF USAN BY MONTROSE

There was submitted Report No 589/95 by the Director of Planning, Transport and Economic Development on the condition of an area of land at Fishtown of Usan which was in an environmentally deficient state. The Report detailed the courses of action open to the Council.

Detailed discussion took place on the matter and various members were heard.

The Committee agreed:-

(i) that a Wasteland Notice be served on the owner of the ground;

(ii) that investigations into the alleged right of way be continued; and

(iii) that a Building Preservation Notice be served in respect of the derelict row of cottages.

8. PLANNING APPEALS

(i) Herdhill, Muir Road, Westmuir, Kirriemuir

There was submitted Report 584/96 by the Director of Planning, Transport and Economic Development on the circumstances relating to the impending appeal over the installation of four service connections at Herdhill, Muir Road, Westmuir, Kirriemuir without the necessary planning consent.

After noting the circumstances surrounding the appeal, the Committee agreed that the appeal be not pursued by the Council and that a new application be invited from the appellant.

(ii) Balbirnie Mill, Brechin

There was submitted Report No 595/96 by the Director of Planning, Transport and Economic Devepment on the outcome of an appeal against the service of an Enforcement Notice by Angus District Council requiring the cessation of car repairs from a building at Balbirnie Mill, near Brechin.

The Committee noted that the Secretary of State had dismissed the appeal.

(iii) Hatton Mill, Kinnell, Friockheim

There was submitted Report No 593/96 by the Director of Planning, Transport and Economic Development on the outcome of an appeal against the refusal by Angus District Council to grant consent for the erection of a house at Hatton Mill, Kinnell, Friockheim.

The Committee noted that the Secretary of State had upheld the appeal.

(iv) Unit 5, Orchardbank, Forfar

There was submitted Report No 594/96 by the Director of Planning, Transport and Economic Development on the outcome of an appeal against conditions imposed by Angus District Council on a consent to utilise a factory unit for shotblasting/spray painting at Orchardbank, Forfar.

The Committee noted that the Secretary of State had upheld the appeal concerning the hours of operation and dismissed the appeal regarding the control of noise.

(v) Kinnaber Road, Hillside, Montrose

There was submitted Report No 592/96 by the Director of Planning, Transport and Economic Development on the outcome of an appeal against the refusal by Angus District Council to grant consent for the erection of a storage shed for agricultural vehicles at Kinnaber Road, Hillside.

The Committee noted that the Secretary of State had dismissed the appeal and agreed that enforcement action be pursued to secure removal of the unauthorised use of the area. The Committee also noted that the Economic Development Unit had offered the appellant assistance in finding alternative accommodation.

(vi) 67 Castle Street, Forfar

There was submitted Report No 588/96 by the Director of Planning, Transport and Economic Development detailing the outcome of an appeal against the refusal by Angus District Council to grant advertisement consent for an illuminated fascia panel at 67 Castle Street, Forfar.

The Committee noted that the Secretary of State had dismissed the appeal.

(vii) Duncan Road, Letham

There was submitted Report No 591/96 by the Director of Planning, Transport and Economic Development detailing the outcome of an appeal against the refusal by Angus District Council to grant consent for the erection of a house at Duncan Road, Letham.

The Committee noted that the Secretary of State had upheld the appeal.

(viii) Lamondfauld Road, Hillside, Montrose

There was submitted Report No 587/96 by the Director of Planning, Transport and Economic Development detailing the outcome of an appeal against the refusal by Angus District Council to grant planning consent for the erection of a house at Lamondfauld Road, Hillside.

The Committee noted that the Secretary of State had dismissed the appeal.

9. REVIEW OF THE TOWN AND COUNTRY PLANNING (USE CLASSES) (SCOTLAND) ORDER 1989

There was submitted Report No 596/96 by the Director of Planning, Transport and Economic Development advising that the Scottish Office proposed to amend the Use Classes Order in order to resolve identified operational problems and had invited local authorities to make representations.

The Committee concurred with the Director’s proposed response.

10. ENFORCEMENT ACTION

(i) 16 West Port, Arbroath

There was submitted Report No 626/96 by the Director of Planning, Transport and Economic Development seeking authority to take enforcement action against the owner of Chaplin’s Bar, 16 West Port, Arbroath in respect of the erection of unauthorised illuminated signs.

After noting the circumstances of the case, the Committee agreed that enforcement action be taken.

(ii) "Glencoe", Colliston

There was submitted Report No 625/96 by the Director of Planning, Transport and Economic Development seeking authority to initiate enforcement action in respect of a change of use of land at "Glencoe", Colliston, by Arbroath from use as garden ground to use as a storage area for old electrical appliances, mainly washing machines and parts and other non-domestic scrap material.

After noting the circumstances, the Committee agreed that enforcement action be taken.

11. CONSERVATION GRANT - 69 FERRY STREET, MONTROSE

There was submitted Report No 544/96 by the Director of Planning, Transport and Economic Development on an application for a grant towards the cost of installing traditional replacement windows in a Category B Listed Building at 69 Ferry Street, Montrose, an outstanding conservation area.

The Committee approved a Conservation Grant of £734.53, subject to the seven conditions set out in the Report.

12. ASSOCIATION OF CONSERVATION OFFICERS (SCOTLAND) ANNUAL GENERAL MEETING 6 SEPTEMBER 1996

There was circulated a note advising that the Association of Conservation Officers were to be holding their Annual General Meeting at Hospitalfield House, Arbroath on 6 September 1996. The Committee homologated the action taken by the Director, in consultation with the Convener, in contributing £350, from the Conservation Budget, towards the cost of the AGM being held in Angus.

 

 

SCHEDULE

LIST C - APPROVALS

Application No. Promoter Location Development
01/96/1127 J. Michie Bridgefoot Farmhouse, Bridgefoot, by Dundee Erection of new garages and workshop, retail showroom with dwelling flat over, new vehicle access and boundary wall

Additional Condition:-

That the proposed showroom be sited at least one metre from the steading building to the north
(Councillor Hudghton left the meeting at this stage)
01/96/1178 Mr. & Mrs. J.C. Davie 26 Inver Terrace, Muirhead Roof conversion to form bedrooms
(After hearing an agent for the objector and the applicant)
D21812 Squarewright Development Limited 21 Wood Road, Birkhill Change of use from vacant coach house to children’s nursery
01/96/1220 & 02/96/1018 France Smoor Gagie House, by Dundee Erection of porch on stable building
01/96/1304 & 02/96/1022 M. Gottschling Church Hall, Panmure Street, Brechin Change of use from Church Hall to Children’s Nursery and access formation

Amend condition 1:-

Between the words indicating and surfacing introduce:-

"the provision of maximum three spaces"
(Councillor Leask left the meeting at this stage)
01/96/1236 D. Hagan The Dower House, Wester Balruddery, Invergowrie Erection of one dwellinghouse
(After hearing an objector and the applicant)
01/96/1298 G.B. Gillon Angus Lime Store, Eassie, Forfar Erection of General Purpose Store

Additional condition 3:-

That there be no storage of lime or other raw materials in the building hereby approved, without the prior consent of the planning authority
01/96/1316 S. Boogh Riverside Road, Rossie Island, Montrose Erection of four semi-detached one and a half storey dwellings
01/96/1192 Mr. & Mrs. J. King Curden Cottage, Letham, Angus Extension to dwellinghouse
Application No. Promoter Location Development
01/96/1094 Joseph Mitchell (Letham) Limited Woodside Road, Letham Extension to packing room and additional toilets, changing rooms and mess room
01/96/1350 Mr. Palfieymam 21/23 West Hemming Street, Letham Conversion to form two new dwellinghouses and driveway
01/96/1208 David Lowe 105 Ferry Road, Monifieth Demolition of outhouse and formation of parking area
01/96/1264 Mr. & Mrs. R.C. Cant No. 9 Holding, Barns of Claverhouse, by Dundee Outline permission for erection of dwellinghouse
01/95/1863 B. Toner West Links, Arbroath Proposed go-kart track, ancillary offices and stores

Amend condition 1:-

That sewage disposal be via the main sewerage system failing which the disposal of sewage effluent be in accordance with the standards required by both the building control authority and SEPA.

Amend condition 5:-

That the go-karts be not operated or run between the hours of 8 pm and 10 am.

Amend condition 6:-

Delete "mounding, etc."

Additional condition 10:-

That the proposed mounding, as illustrated in the approved plans, be completed prior to the facility coming into operation.

Additional condition 11:-

That no more than 10 cars be allowed to operate on the track at any one time.
01/96/1209 Mr. & Mrs. McGonagle Elliot Garage, Dundee Road, Arbroath Erection of dwellinghouse - outline
01/96/1265 J. Syme Bonnyton, Inverarity Erection of house for essential worker
D20107 Messrs. A. & H. Kidd Westhall Terrace, Murroes, by Dundee Outline permission for the erection of eight new dwellinghouses and play area and restoration of disused quarry to create agricultural land