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ANGUS COUNCIL

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Thursday 11 November 1999 at 6.00 pm.

Present: Councillors STEWART McGLYNN, FRANK ELLIS, JOHN HENDERSON, ALEX KING, THE HON R J LESLIE MELVILLE, DAVID LUMGAIR, BRIAN MILNE, PETER MURPHY, KITTY RITCHIE, BILL ROBERTON, DAVID SELFRIDGE and SANDY WEST.

Councillor McGLYNN, Convener, in the Chair.

1. MINUTES OF PREVIOUS MEETINGS

The minutes of meetings of this Committee held on 30 September and 21 October 1999 were submitted, approved as a correct record and signed by the Convener.

2. BUILDING WARRANTS

The Committee noted that in the period 11-29 October 1999 a total of 13 Amendments to Warrants and 80 Building Warrants had been approved with an estimated cost of £2,164,688.

3. PLANNING APPLICATIONS

There was submitted Report No 1135/99 by the Director of Planning and Transport on applications for planning consent.

(i) Delegated Approvals

The Committee agreed to note consents issued by the Director of Planning and Transport as detailed in List A of the Report.

(ii) Refusals

The Committee agreed to refuse consent, for the reasons recommended by the Director of Planning and Transport, in respect of the applications detailed in the Appendix to this minute.

(iii) Approvals

The Committee agreed to grant consent, subject to the conditions recommended by the Director of Planning and Transport, and/or where recorded any additional or amended conditions approved by the Committee, in respect of the applications detailed in the Appendix to this minute.

(iv) Debated Application

The Committee considered Application No 99/00975/FUL by Mr and Mrs N Braes for the conversion and extension of an agricultural shed at Limekilns Croft, Hillside by Montrose as detailed in Report No 1135/99 by the Director of Planning and Transport, who had recommended refusal.

Slides were shown.

COUNCILLOR McGLYNN, SECONDED BY COUNCILLOR RITCHIE, MOVED THAT THE APPLICATION BE REFUSED FOR THE REASONS DETAILED IN THE REPORT.

Councillor Henderson, seconded by Councillor Leslie Melville, moved as an amendment that the application be approved.

On a vote being taken, the members voted:-

For the motion:-

Councillors McGlynn, Ellis, King, Lumgair, Milne, Murphy, Ritchie, Roberton, Selfridge and West (10).

For the amendment:-

Councillors Henderson and Leslie Melville (2).

The motion was declared carried, resulting in the application being refused for the reasons detailed in the Report.

(v) Withdrawn Application

The Committee agreed to note that Application No 99/01000/COU by H Fowlie for the change of use from private garage to vehicle sales outlet at May Cottage, Little Brechin, by Brechin had been withdrawn by the applicant.

4. KIRRIEMUIR – DRAINAGE CONSTRAINT

There was submitted by the Director of Planning and Transport which gave details on the current drainage situation in Kirriemuir and highlighted the terms of a request for a formal constraint by the North of Scotland Water Authority. The Report also outlined the implications of the constraint for future development in Kirriemuir.

The Report indicated that there were 126 outstanding planning permissions on sites of five or more houses. In addition, there were valid permissions for 21 houses on small sites in Kirriemuir and 13 units within the Westmuir and Maryton area. The total number of houses with planning permission was therefore 160. SEPA had advised that with the outstanding planning permissions, the discharge consent in relation to the waste water treatment plant at Kirriemuir was likely to be exceeded. The terms of the proposed drainage constraints were set out in the Report and the provision which had been made for industrial, business, commercial and other economic development opportunities and community facilities, was welcomed as it allowed scope for such uses to come forward to meet local needs.

Having heard Councillor Henderson express his concerns and disappointment at the restrictions now being placed on Kirriemuir, the Committee agreed:-

(i) to note the request for a drainage constraint affecting the Kirriemuir area and the implications for land use planning;

(ii) to adopt the guidelines, as circulated at the meeting, as a basis for dealing with planning applications, until such time as the constraint was removed; and

(iii) to review the need for a constraint on a bi-annual basis and to request NoSWA to continue to investigate possible solutions to overcome the need for a constraint and make an early commitment regarding the timescale to do so.

5. WELLBANK – REQUEST FOR DRAINAGE CONSTRAINT

There was submitted Report No 1133/99 by the Director of Planning and Transport which detailed the background on the current drainage situation in Wellbank and highlighted the terms of a request for a formal drainage constraint by the North of Scotland Water Authority. The Report also outlined the implications of the constraint for future development in Wellbank.

The Report indicated that there were 52 units outstanding at South Mattocks Road, three houses under construction and three houses at Wellbank South in the Finalised Local Plan. The terms of the proposed drainage constraint were set out in the Report but some flexibility was contained within the proposed guidelines with regard to essential community facilities, economic development proposals and house extensions.

The Committee agreed:-

(i) to note the request by NoSWA for a drainage constraint affecting the Wellbank area and the implications for future land use planning;

(ii) to adopt the guidelines identified in Report No 1133/99 as a basis for dealing with planning applications until such time as the constraint was removed, subject to NoSWA giving a firm commitment to accommodate drainage from those existing sites allocated for housing in the Finalised Angus Local Plan or with existing planning permission, which totalled 58 houses, as detailed in Appendix 1; and

(iii) to review the drainage constraint on a biannual basis and to request NoSWA to make an early commitment to the necessary improvements which wouldl alleviate the constraints.

6. SHOPFRONTS AND SIGNS IN CONSERVATION AREAS: REVISION OF ADVICE NOTE 2

There was submitted Report No 1136/99 by the Director of Planning and Transport which proposed a revision to Advice Note 2 in respect of the illumination of shopfronts and signs.

The Report indicated that many shopfronts currently displayed illuminations contrary to both the existing and proposed policy and whilst staff resources allowed for enforcement action to be taken over a short, concentrated period, it was intended that over a period of time all businesses within conservation areas should be brought into line with these policies which would initially concentrate on listed buildings.

The Committee agreed to approve the amendments to Advice Note 2, as they pertained to illumination of shopfronts and as indicated in Section 4 of the Report.

7. PROTOCOL FOR NOTICE OF INTENTION TO DEVELOP PROCEDURE

There was submitted Joint Report No 1137/99 by the Director of Law and Administration and the Director of Planning and Transport which sought the Committee’s approval for an internal protocol to assist and embody best practice for the Council obtaining planning permission for its own developments under the Notice of Intention to Develop (NID) Procedure.

The Protocol sought to clarify the procedures and responsibilities of officials involved in the NID Procedure on behalf of the Council and also to ensure the application of best practice by the Council in pursuing its own development in respect of prior public and internal consultation to the standard the Council would wish to see adopted by private developers.

The Committee agreed to approve the terms of the Protocol for Notice of Intention to Develop Procedures, as appended to the Report.

APPENDIX 1 to the minute of meeting of the Development Control Committee of 11 November 1999 (Article 3 refers)

REFUSALS

Application No. Promoter Location Development
99/00823/FUL Mr and Mrs M Stansfeld Fortesk House, Finavon, by Forfar Erection of Two Metre High Temporary Fence
(after slides had been shown and the applicants’ agent had been heard)
99/00934 Harvest Property Development Limited Camus Place, Craigton of Monikie, Monikie Erection of Four Houses
(after slides had been shown, photographs circulated and the applicant’s agent had been heard)
99/00962 J. & J. Services Pitairlie Road, Newbigging Outline Erection of Dwellinghouse

APPROVALS

Application No. Promoter Location Development
99/00957/FUL A Cameron Bottom Farm, Lintrathen, by Kirriemuir Erection of Agricultural Building
99/00943/FUL Next Generation Club Ltd Ethiebeaton Place, Monifieth Extension of Existing Creche Building
99/00849/FUL & 99/00850/LBC Arbroath Old & Abbey Parish Church West Abbey Street, Arbroath Extension to Church to Provide Additional Hall and Ancillary Accommodation
99/00951/FUL Select Homes (Tayside) Ltd Plot 2, Peebles, Letham Grange, Arbroath Erection of Dwellinghouse and Garage
99/00864/OUT Muir Homes Limited Former Distillery Warehouse, McNab Avenue, Montrose Development of 3.08 hectares of Land
(after a letter of objection omitted from the Report, was circulated)

ADDITIONAL CONDITION

That the pedestrian footpath/cycle route linkages between the development hereby approved and the area of ground to the south and connecting through to Brechin Road, be the subject of further discussion with and be agreed by the Director of Planning and Transport.