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ANGUS COUNCIL

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Thursday, 13 June 1996 at 6.30 pm.

Present: Councillors Mrs KATHLEEN RITCHIE, STEWART MOWATT, WILLIAM DOIG, ALEX KING, WILLIAM MIDDLETON, BRIAN MILNE, ALEXANDER SHAND, SANDY WEST and THOMAS I N YOUNG.

Apologies: Apologies for absence were intimated on behalf of Provost Mrs FRANCES E DUNCAN, Councillors FRANK ELLIS and WALLIE LEASK.

Councillor Mrs RITCHIE, Convener, in the Chair.

1. BUILDING WARRANTS

There was submitted and noted Report No 507/96 by the Director of Planning, Transport and Economic Development detailing Building Warrants recently issued.

2. PLANNING APPLICATIONS

There was submitted Report No 520/96 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.

(ii) Recommended Refusals

To refuse consent, for the reasons recommended by the Director of Planning, Transport and Economic Development, in respect of the applications detailed in List B of the Report and appended to this minute.

(iii) 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 appended to this minute.

(iv) Deferred Application

To defer consideration of Application 03/96/1007 by National and Provincial/ Abbey National Limited for an Internally Illuminated Fascia Sign, Internally Illuminated Projecting Sign and 3 No Illuminated Window Poster Displays at 83 Castle Street, Forfar which had been recommended by the Director of Planning, Transport and Economic Development for refusal, to enable the applicant to submit an alternative proposal.

(v) Withdrawn Applications

(a) to note that Application 01/96/0248 by Craig Rally Karting for the formation of an all-weather track for rallykarting at Barns of Craig, Montrose had been withdrawn by the applicant.

(b) to note that Application D21478 by Mr and Mrs W Milne for change of use of outbuildings to form dwellinghouse at Rosemill, Bridgefoot, had been withdrawn by the applicants.

(vi) Debated Applications

(a) The Committee considered Application 01/96/0220 by Gourley McBain & Co (Solicitors) for a change of use from Shop to Restaurant/Take Away at Guthrie Port, Arbroath as detailed in Report No 520/96 by the Director of Planning, Transport and Economic Development who recommended conditional approval.

After hearing an objector and the local members:

COUNCILLOR KING, SECONDED BY COUNCILLOR RITCHIE, MOVED THAT THE APPLICATION BE CONDITIONALLY APPROVED IN ACCORDANCE WITH THE DIRECTOR'S RECOMMENDATION.

Depute Provost Milne, seconded by Councillor Shand, moved as an amendment that the application be conditionally approved subject to the deletion of condition eight.

On a vote being taken, the members voted:-

for the motion:

Councillors Ritchie, Mowatt, Doig, King, Middleton, West and Young (7);

for the amendment:

Depute Provost Milne and Councillor Shand (2).

The motion was declared carried and became the finding of the meeting resulting in the application being conditionally approved, as detailed in the Report.

(C) (b) The Committee considered Application 01/96/1023 by Westburn Developments Limited for Phase 1 of a Retail Development at Guthrie Port as detailed in Report No 520/96 by the Director of Planning, Transport and Economic Development who recommended conditional approval.

Depute Provost Milne and Councillor King, local members, were heard on the matter, following which:

COUNCILLOR KING, SECONDED BY DEPUTE PROVOST MILNE, MOVED THAT THE APPLICATION BE APPROVED SUBJECT TO AN ADDITIONAL CONDITION BEING ADDED TO PREVENT VEHICULAR THROUGH TRAFFIC WITHIN THE CAR PARK.

Councillor Ritchie, seconded by Councillor West, moved that the application be approved as detailed in the Report.

On a vote being taken, the members voted:-

for the motion:

Councillors Doig, King, Middleton, Depute Provost Milne and Councillor Young (5);

for the amendment:

Councillors Ritchie, Mowatt, Shand and West (4).

The motion was declared carried and became the finding of the meeting.

3. CIVIC TRUST AWARDS

There was submitted Report No 515/96 by the Director of Planning, Transport and Economic Development on an invitation for Angus Council to participate in the Civic Trust Award Scheme for 1997.

The Committee agreed the terms of the Report and that Angus Council participate in the 1997 Civic Trust Awards.

4. PLANNING APPLICATION (01/95/0043) - MIXED COMMERCIAL DEVELOPMENT,
GUTHRIE PORT/BURNSIDE DRIVE, ARBROATH - SECTION 50 AGREEMENT

(C) There was submitted Report No 519/96 by the Director of Planning, Transport and Economic Development relating to a request by the applicant for amendments to be made to a Section 50 Agreement in connection with application 01/95/0043 for a mixed commercial development at Guthrie Port/Burnside Drive, Arbroath.

An agent for the applicant was present and addressed the Committee making particular mention of the restrictions over the sale of electrical goods and ancillary clothing.

COUNCILLOR SHAND, SECONDED BY COUNCILLOR MIDDLETON MOVED THAT THE TERMS OF THE PROPOSED SECTION 50 AGREEMENT REMAIN UNCHANGED.

Depute Provost Milne, seconded by Councillor Mowatt moved that the Section 50 Agreement be amended to permit the sale of safety/protective clothing.

On a vote being taken, the members voted:-

For the motion:-

Councillors Doig, King, Middleton, Shand and Young (5).

For the amendment:-

Councillors Ritchie, Mowatt, Depute Provost Milne and Councillor West (4).

The motion was declared carried and became the finding of the meeting, resulting in the status quo remaining.

5. PLANNING APPEAL DECISIONS

(a) 7/9 Glengate, Kirriemuir

There was submitted Report No 450/96 by the Director of Planning, Transport and Economic Development on the outcome of an appeal against refusal by Angus District Council to grant consent for the change of use of a store to house at 7/9 Glengate, Kirriemuir.

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

(b) Meikle Mill, Kirriemuir

There was submitted Report No 433/96 by the Director of Planning, Transport and Economic Development on the outcome of an appeal against a condition imposed upon a planning consent by Angus District Council for a housing scheme, road layout etc at Meikle Mill, Kirriemuir.

The Committee:-

(i) noted that the Secretary of State had upheld the appeal and awarded expenses to the appellant; and

(ii) expressed concern at the findings of the Reporter and agreed that an appropriate letter be sent to the Secretary of State on the matter.

(c) Land at Fishtown of Usan, by Montrose - Enforcement Appeal Decision

There was submitted Report No 404/96 by the Director of Planning, Transport and Economic Development on the outcome of an appeal against an enforcement notice served by Angus District Council to secure the removal of two storage containers on land at Fishtown of Usan, by Montrose.

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

6. BREACH OF CONDITION NOTICE - 1 BROOMWELL GARDENS, MONIKIE

There was submitted Report No 483/96 by the Director of Planning, Transport and Economic Development seeking authority on a proposal to serve a breach of condition notice in relation to unfinished work to a garage at 1 Broomwell Gardens, Monikie, Angus.

After hearing the owner of the unfinished garage the Committee authorised the serving of a breach of condition notice but agreed that service be delayed for up to 2 months to allow the owner to complete the works.

7. PLANNING APPLICATION (D21725: 32 HOUSES, 12 FLATS AND WORKSHOPS AT
SOUTH STREET, MONIFIETH)

With reference to Article 4(3) of the minute of meeting of 23 May 1996 there was submitted a proposal by the Director of Planning, Transport and Economic Development to amend condition 17.

The Committee approved the terms of the amendment.

8. BUSINESS PLAN

There was submitted Report No 507/96 by the Director of Planning, Transport and Economic Development detailing the Draft Business Plan for the Department.

The Committee noted and approved the Plan for its interest.

9. PLANNING APPLICATION NO 01/95/1769 - CHANGE OF USE/ALTERATIONS TO FORM BEDROOM ACCOMMODATION AT THE ADMIN BLOCK, LETHAM GRANGE, BY ARBROATH

On the determination of the Convener, the Committee considered this item as a matter of urgency in view of an appeal having been lodged and the desirability of considering work carried out.

There was circulated Report No 501/96 by the Director of Planning, Transport and Economic Development on an application by Letham Grange Hotel to convert an old administration block into dormer bedroom accommodation, which was approved by the District Council in March 1996.

The Report advised that the applicant had lodged an appeal with the Secretary of State against three of the conditions imposed, namely the style of the windows, the requirements for a fence and the harling of the building, but that the potential existed to resolve at least two of the subjects of appeal, leaving only the condition regarding the harling of the building outstanding.

After hearing the Director of Planning, Transport and Economic Development on the matter, the Committee:-

(i) noted that the windows and fence were now acceptable to the Director; and

(ii) agreed that, in relation to condition 6, the applicant be advised that the requirement that the wall be harled or, as a compromise, a masonry paint applied to the satisfaction of the Director, must be complied with.


 

APPENDIX

LIST B - REFUSALS

Application No. Promoter Location Development
01/96/1156 D. Spink Woodville, by Arbroath Erection of dwellinghouse
01/96/1126 & 02/96/1014 Dick Watson Construction Limited Duke of Montrose Hotel, High Street/Hume Street, Montrose Formation of an Amusement Arcade
(After hearing the applicant)
D21637 N. & C. Moir & D. & V. Jarron Old Whisky Road, Auchterhouse Outline consent for erection of two dwellinghouses
(After hearing the applicant)

 LIST C - APPROVALS

Application No. Promoter Location Development
01/96/0044 Mrs. Rizza The Steadings, Reswallie Change of use for storage of family vehicles
01/96/1095 J. Martin 62 Kinloch Street, Carnoustie Erection of rear extension and installation of new window
01/96/1075 D.J. Laing Homes Limited Parkview, Arbroath Proposed residential develop-ment
01/96/1029 Mr. Shearer 10 East Row, Westhaven, Carnoustie Erection of garage and workshop area
01/96/0002 G. Dalgarno Parkfield, Little Brechin Erection of an agricultural stock/ feed shelter
01/96/0078 Stewart Milne Homes Plot 1, Marykirk Road, Hillside, by Montrose Erection of a 1.7 metre high timber screen fence
D21663 Gillian Rosen East Mains Stables, Auchterhouse Outline consent for erection of house
01/95/1796 J. Logan Milne & D.M. Carnegie Scott Street Goods Yard, Brechin Erection of 70 dwellings
01/96/1084 R. Spink Tighnabruach, Ernest Street, Arbroath Outline erection of dwelling-house
Amend Condition 4:- delete "south", replace with "west"
01/96/1120 & 02/96/1012 C.W. Mitchell Olympia Buildings, Market Place, Arbroath Change of use of market hall/cafeteria to bar and function suite
01/96/1167 Arbroath Football Club Gayfield Park, Arbroath Open air market
Amend Condition:- delete "a Saturday or Sunday only", replace with "one day per week"
01/96/1153 J. Carnegie Plot 3, Benholm Gardens, Glamis Road, Forfar Erection of dwellinghouse
01/96/1119 Mr. & Mrs. C. Millar Plot 4, Benholm Gardens, Glamis Road, Forfar Erection of dwellinghouse
01/95/1605 H. Fairweather 17 Guthrie Port, Arbroath Change of use and conversion of shop to dwellinghouse
01/96/1022 Selina Ip 114 Castle Street, Forfar Change of use of first floor from store to residential and replace-ment windows
(Councillor Young declared an interest in the foregoing application and took no part in the decision)