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ANGUS COUNCIL

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Thursday, 5 September 1996 at 6.30 pm.

Present: Councillors Mrs KATHLEEN RITCHIE, STEWART MOWATT, WILLIAM DOIG, FRANK ELLIS, 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. PLANNING APPLICATIONS

There was submitted Report No 734/96 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 (subject to (v) below) 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, any additional or amended conditions approved by the Committee, in respect of the applications detailed in List C of the Report (subject to (v) below) and appended to this minute.

(iv) Withdrawn Application

To note the withdrawal of Application No 01/96/1364 by Mr Gove in respect of the formation of an attic flat at 7 Victoria Street, Arbroath, at the request of the applicant.

(v) Debated Applications

- (a) The Committee considered Application No 01/96/1409 by Neil and Fraser Ogston for change of use and conversion of attic to form 3 No flats at West Port Bar, Keptie Street, Arbroath as detailed in Report No 734/96 by the Director of Planning, Transport and Economic Development who recommended refusal.

Councillor Milne, seconded by Councillor King, moved that the application be conditionally approved.

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

On a vote being taken, the members voted:-

For the motion:-

Councillors Doig, Ellis, King, Mrs Lamont, Milne and Shand (6).

For the amendment:-

Councillors Mrs Ritchie, Mowatt, Leask, William Middleton, West and Young (6).

There being an equality of votes, the Convener exercised her casting vote in favour of the amendment which became the finding of the meeting, resulting in the application being refused for the reasons detailed in the Director’s Report.

(b) The Committee considered Application No 03/96/1017/ADV by Sutherland Parke for the erection of a signpost at Balkello Landfill Site, Auchterhouse as detailed in Report No 734/96 by the Director of Planning, Transport and Economic Development who recommended conditional approval.

Councillor Ellis, seconded by Councillor Young, moved that the application be refused.

COUNCILLOR MRS RITCHIE, SECONDED BY COUNCILLOR W MIDDLETON, MOVED AS AN AMENDMENT THAT THE APPLICATION BE CONDITIONALLY APPROVED.

On a vote being taken, the members voted:-

For the motion:-

Councillors Ellis and Young (2).

For the amendment:-

Councillors Mrs Ritchie, Mowatt, Doig, King, Mrs Lamont, Leask, W Middleton, Milne, Shand and West (10).

The amendment was declared carried and became the finding of the meeting, resulting in the application being approved subject to the conditions detailed in the Director’s Report.

2. DEVELOPMENT CONTROL COMMITTEE PROCEDURES

There was submitted Report 719/96 by the Director of Planning, Transport and Economic Development on Development Control Committee procedures. The Report highlighted the need for procedures to deal with late submissions by applicants or objectors and requests for applications to be deferred.

The Committee agreed that, as a normal rule, subject to the Director of Law and Administration being satisfied regarding any legal implications:-

(i) late submissions for or against planning applications be not accepted once the Committee papers had been compiled; and

(ii) late requests for deferral of applications be discouraged, in favour of withdrawal and resubmission.

3. CONSERVATION GRANTS

There was submitted Report No 713/96 by the Director of Planning, Transport and Economic Development suggesting that the decision to award Conservation Grants be delegated to him. The grants involved would not exceed £1,000.

The Committee agreed that the power to approve Conservation Grants be delegated to the Director to the extent detailed in the Report.

4. PLANNING APPEAL DECISIONS

(i) Lisden House, Brechin Road, Kirriemuir

There was submitted Report No 720/96 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 an extension to Lisden Nursing Home, Kirriemuir.

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

(ii) 267 High Street, Arbroath

There was submitted Report No 718/96 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 change of use from a shop to office at 267 High Street, Arbroath.

The Report advised that the appeal had been upheld and that this decision had implications for the present policies on non-retail uses as contained in the Arbroath Local Plan. The plan was under review and, in the meantime any future applications for non-retail uses would be considered in the light of the appeal decision.

The Committee noted the position.

(Councillor Leask left the meeting at this stage).

5. ENFORCEMENT ACTION

(i) Scottish Wildlife Trust Visitor Centre, Rossie Braes, Montrose

There was submitted Report No 721/96 by the Director of Planning, Transport and Economic Development on the updated position in respect of a long-running enforcement matter at the Scottish Wildlife Trust Montrose Basin Visitor Centre.

The Report explained the history of the application and the problems which had arisen and proposed a way forward.

The Committee agreed that the compromise solution offered by Scottish Wildlife Trust to plant a hedge, backed by a temporary fence, between the parking bay and the front of the house occupied by the complainer, Mr B Barclay, known as Allandale Cottage, be accepted.

(ii) Land at Inveraldie Farm, Tealing

There was submitted Report No 723/96 by the Director of Planning, Transport and Economic Development recommending the initiation of enforcement action in respect of the unauthorised creation of an earth and rubble mound at Inveraldie Farm, Tealing.

After hearing the Director, the Committee agreed that the owner of the ground be given the opportunity to take remedial action, including suitable landscaping, in order to avoid enforcement action being taken.

(Councillor King left the meeting at this stage).

6. ESSENTIAL WORKER HOUSING - SECTION 50 AGREEMENTS

There was submitted Report No 716/96 by the Director of Planning, Transport and Economic Development which sought to clarify the terminology to be used in Section 50 Agreements in respect of essential farm workers’ houses and which recommended a revision to procedures to allow subsequent amendments to be made to Agreements.

The Committee agreed:-

(i) that the terminology indicated in 3.2 of the Report be utilised as the standard restriction for inclusion in Section 50 Agreements in respect of essential farm workers’ houses in the countryside; and

(ii) that minor variations of the restriction be delegated to the Director of Planning, Transport and Economic Development as indicated in 3.3 of the Report.

7. DISCOVERY PLASTICS, INVERALDIE FARM, TEALING - INTERIM REPORT RE COMPLIANCE WITH PLANNING CONSENT

With reference to Article 4(v)(b) of the minute of meeting of this Committee held on 23 May 1996, there was submitted Report No 722/96 by the Director of Planning, Transport and Economic Development detailing progress made to meet the conditions imposed on the temporary planning permission in respect of a change of use from vacant buildings to production and storage of recycled plastics and polythene at Inveraldie Farm, Tealing, by Mr D Black.

Councillor Ellis, the local member, along with Councillor Young expressed concern at the apparent lack of progress being made at the site.

After discussion, the Committee agreed that the Director continue to monitor the situation and submit a further report to the Committee in due course.

 

APPENDIX

LIST B - REFUSALS

Application No. Promoter Location Development
03/95/1012 02/95/1003 British Shoe Corporation 39/41 High Street Montrose Consent to Display Advertisements
01/96/1356 Dawn Hooper Property Co Ltd Golf Road Park Eddie Avenue Brechin Erection of Four Houses
01/96/1438 Norman Will Kinnaber Road Hillside Montrose Erection of House
01/96/1404 Prudential Assurance Co Ltd Dalgety by Brechin Erection of a Dwellinghouse
(After hearing the Applicant’s Agent)

LIST C - APPROVALS

Application No. Promoter Location Development
01/95/1809 Morrison Construction Ltd Brechin Road Montrose Mixed Development Comprising Residential, Retail, Licensed Restaurant and Nursing Home
01/96/1412 I Smith 61 Park Road Brechin Retrospective Application for Landscaping Works, Boundary Enclosures etc
(After hearing Councillor G Allan)
01/96/1413 Hillcrest Housing Association Alma Works Millgate Arbroath Erection of Residential Block (Five Houses)
01/96/1140 Tay Salmon Fisheries Company Limited Redcastle Inverkeilor Change of Use: Fisheries Station to Dwellinghouse.
02/96/1033 Angus Housing Association Limited 77-79 High Street Arbroath Demolition of Building

Additional Condition:-

That on completion of the demolition hereby granted consent, the developer shall dig trial trenches to the satisfaction of the Director of Planning, Transport and Economic Development and shall afford access to an archaeological organisation acceptable to the planning authority

01/96/1434 I Robbie Builders Limited 20/22 West Hemming Street Letham Erection of Two Houses

Additional Condition 10:-

That prior to the commencement of the development, details of the treatment to the exposed gable at 20 West Hemming Street be submitted for approval by the Director of Planning, Transport and Economic Development

01/96/1339 P Staniford Royal Jubilee Arms Hotel Dykehead by Kirriemuir Change of Use from Garden Ground to Open Air Sitting Area for Consumption of Teas, Coffees, Ice-Cream, etc
D21810 The Executors of C A MacLennan & Trustees of Miss R Gibson Loch of Liff Farm Steading Liff Conversion of Farm Steading to form Four Residential Units

Additional Condition 8:-

That prior to the occupation of any of the dwellings hereby approved the road from the farmhouse to the application site access shall be surfaced to a standard to be agreed in writing with the Director of Planning, Transport and Economic Development

01/96/1213 Thistle Aggregates Kingston Place Kingsmuir Extension to Offices
01/96/1357 Allied London and Scottish Properties plc Ballumbie House Estate Outline Consent for Golf Course, Club House, 180 House Residential Development Conversion of Existing House to 14 Flats and Creation of Access Road

That Recommendation 1 be amended as follows:-

"That no consent shall be issued until such time as a Section 50 Agreement is signed and endorsed to the satisfaction of the Angus Council and that this Section 50 Agreement shall include the requirement to prepare a Master Plan (including the number, density, type of housing, phasing etc); the conversion and phasing of Ballumbie House; the number of houses to be erected prior to the conversion of Ballumbie House and the completion and opening of the golf course and clubhouse; implementation at cost to the

01/96/1357 (cont) developer of the necessary drainage and roads infrastructure; including street lighting and footpath provision; the provision, prior to commencement of development, of a tree survey, felling woodland and ground management and maintenance plan; and provision of written proof that the whole of the development site is within the control of the developer or development company."

Additional Conditions:-

That notwithstanding the details of the submitted application the indicative layout is not approved. The approval of the layout of the housing, golf course and clubhouse shall be obtained from the planning authority before any development is commenced.

That details of the provision of children’s play area/areas be submitted for the approval of the Director of Planning, Transport and Economic Development.

01/96/1387 Mr and Mrs G Dobbie Milray Westhill Road Kirriemuir Erection of Double Garage to rear and Boundary Fence to Front
01/96/1318 Mr and Mrs Fenton 7 Durham Street Monifieth Outline Permission for Erection of Dwellinghouse
01/96/1381 Webster Homes Limited Plots 4 and 5 Pitscandly Park Lunanhead Change of House Types
01/96/1370 Mr and Mrs Taylor Tigh-na-Torr Kellas Road Kellas Erection of Dwellinghouse and Garage
01/96/1385 Mr Tallet 3 North Watson Street Letham Proposed Replacement Extension and Retrospective Permission for Boundary Fence

Amended condition:-

That the part of the fence projecting beyond the North Watson Street frontage of the dental surgery be reduced to a height of 1.0m to the satisfaction of the Director of Planning, Transport and Economic Development.

(After hearing an objector)
01/96/1442 Mr and Mrs D Millar 55 Duncan Road Letham Conversion of Existing Garage to Diningroom and Construction of New Garage
01/96/1398 Somerfield Stores Ltd 45 Castle Street Forfar Internal Refurbishment, Provision of New Automatic Entrance Door and Enlargement of Existing Louvre on Side Elevation
(After hearing an Agent)
01/96/1188 H Niven South Kingennie Farm by Broughty Ferry Outline consent for erection of Two Houses
01/96/1447 Mr and Mrs I Mudie 18 Dalhousie Street Monifieth Single Storey Extension to Rear of House
01/96/1406 Bishop Cross Developments Limited Land North of Arbroath Road by Monifieth Outline Consent for Hotel/Leisure/Market Garden and Associated Facilities

That Recommendation 1 be amended as follows:-

"That the planning permission is not issued until such time as a Section 50 Agreement is signed and endorsed to the satisfaction of Angus Council and this Agreement shall limit the development of the site to the uses permitted under this Agreement and shall include the phasing of the development to provide for the leisure facility not later than the provision of the travel lodge/restaurant bar; the provision of a site for a tourist information facility; the maintenance of access to the general public to the proposed leisure centre; the range of goods to be sold from the garden centre, craft shops and golf shop, and ensure the undertaking at the applicants cost of the necessary drainage and roads infrastructure."

(After hearing the Applicants’ Agent)