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ANGUS COUNCIL

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Thursday 17 June 1999 at 6.00 pm.

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

Apologies: Apologies for absence were intimated on behalf of Councillors FRANK ELLIS and DAVID LUMGAIR.

Councillor STEWART McGLYNN, Convener, in the Chair.

1. BUILDING WARRANTS

The Committee noted that in the period 17 May - 4 June 1999 a total of 99 Building Warrants had been approved with an estimated cost of £1,773,047.

2. DEVELOPMENT CONTROL COMMITTEE - SUMMER RECESS

The Committee agreed that an additional ordinary meeting would be held on Tuesday 13 July 1999 at 6.00 pm.

3. PLANNING APPLICATIONS

There was submitted Report No 632/99 by the Director of Planning and Transport on applications for planning consent.

The Committee agreed as follows:-

(i) Delegated Approvals

To note consents issued by the Director of Planning and Transport as detailed in List A of the Report.

(ii) Approvals

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.

(iii) Withdrawn Applications

To note that the applications detailed in the Appendix to this minute had been withdrawn.

(iv) Deferred Application

To defer consideration of Application No 99/0043/COU by Dalhousie Day Care Centre for the change of use of No 100B, High Street, Brechin, and extension to form an enlarged Day Care Centre together with the removal of conditions 5 and 6 from a previous approval, in order to allow the objector to be present.

4. PLANNING APPEAL DECISIONS

(a) 158 East High Street, Forfar

There was submitted Report No 633/99 by the Director of Planning and Transport detailing the findings of the Reporter appointed by the Secretary of State to determine the appeal against the refusal of Angus Council to grant consent for the erection of a dwellinghouse at 158 East High Street, Forfar.

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

(b) 86 Newhame Road, Montrose

There was submitted Report No 634/99 by the Director of Planning and Transport detailing the findings of the Reporter appointed by the Secretary of State to determine the appeal against the refusal of Angus Council to grant consent for the erection of Dutch canopies at 86 Newhame Road, Montrose.

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

(c) 21 Grampian View, Ferryden

There was submitted Report No 635/99 by the Director of Planning and Transport detailing the findings of the Reporter appointed by the Secretary of State to determine the appeal against the refusal of Angus Council to grant consent for a dormer extension at 21 Grampian View, Ferryden.

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

(d) Priestfield, Inverkeilor

There was submitted Report No 636/99 by the Director of Planning and Transport detailing the findings of the Reporter appointed by the Secretary of State to determine the appeal against the refusal of Angus Council to grant consent for the erection of a dwellinghouse at Priestfield, Inverkeilor.

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

5. PLANNING APPLICATION 01/98/0621 - PROPOSED CHANGE TO SECTION 75 AGREEMENT

There was submitted Report No 637/99 by the Director of Planning and Transport detailing the circumstances surrounding the necessity to reconsider the terms of the Section 75 Agreement relating to the proposed development of 2 houses at Grange House, Monifieth. The amendment was required to remove an area of land from the Agreement not in control of the applicant.

The Committee agreed that the Director of Planning and Transport, in conjunction with the Director of Law and Administration, amend the terms of the Section 75 Agreement to:

(i) exclude the ground to the front of Grange House from being covered by a permanent landscaping maintenance plan; and

(ii) remove the requirement to preclude any further future housing development to the front (south) of Grange House.

6. PLANNING AND TRANSPORT DEPARTMENT DRAFT SERVICE PLAN 1999/2000

With reference to Article 9 of the minute of meeting of the Planning and Transport Policy Committee held on 8 June 1999, there was submitted Report No 602/99 by the Director of Planning and Transport which outlined the progress of the 1998/99 Service Plan for the department and advised members of the availability of the Draft Plan for 1999/00.

The Committee noted the terms of the Report.

7. BUILDING (SCOTLAND) ACT 1959

(a) 25 High Street, Montrose - Section 13 Notice

There was submitted Report No 638/99 by the Director of Planning and Transport which sought authority, in the interest of public safety, to serve a Dangerous Building Notice and Order, and to appoint a contractor to carry out work if the Order was not adhered to, in respect of 25 High Street, Montrose.

The Committee agreed:-

(i) to approve the serving of a Section 13 Notice (Form 19) and (if not objected to) a Section 13 Order (Form 20) on the above property; and

(ii) to authorise the appointment of a contractor to carry out the works specified if the Order was not adhered to.

(b) 31-33 High Street, Brechin and 2 Market Street, Brechin

There was submitted Report No 639/99 by the Director of Planning and Transport which sought authority to serve an Order on properties where works had been carried out without Building Warrant approval and, if there was a failure to respond to the Notice, to report the property owner to the Procurator Fiscal.

The Committee agreed:-

(i) to approve the serving of a Section 10(1B) Order under the Building (Scotland) Acts 1959 and 1970 on Broughty Ferry Properties Limited, the owners of the above properties; and

(ii) to authorise the reporting of any default of the Order to the Procurator Fiscal.

8. UNAUTHORISED PORTACABIN AT ST NINIAN’S SQUARE, BRECHIN

With reference to Article 32 of the minute of meeting of the Personnel and Property Services Committee held on 15 June 1999 the Director of Planning and Transport reported that the unauthorised portacabin at St Ninian’s Square, Brechin had been removed and a retrospective planning application for the siting of the portacabin at the Caledonian Railway Station would be considered in due course.

The Committee agreed to note the position.

9. EXCLUSION OF PUBLIC AND PRESS

The Committee resolved that the public and press be excluded during consideration of the following item which was exempt in terms of Paragraph 13 of Part 1 of Schedule 7A to the 1973 Act.

10. BUILDING PRESERVATION NOTICE - LANGLANDS, GLAMIS ROAD, FORFAR

There was submitted Report No 640/99 by the Director of Planning and Transport which sought permission to serve a Building Preservation Notice on Langlands, Glamis Road, Forfar, which was an Arts and Crafts villa built around 1925.

The Report noted that the building was presently at risk and was worthy of statutory listing but was not included in the List of Buildings of Special Architectural or Historic Interest for Forfar Burgh.

The Committee agreed to serve a Building Preservation Notice on the owner of Langlands, Glamis Road, Forfar and that Historic Scotland be subsequently requested to include the building in the statutory List of Buildings of Special Architectural or Historic Interest for Forfar Burgh.

APPENDIX

APPROVALS

WITHDRAWN APPLICATIONS

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