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ANGUS COUNCIL

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Thursday, 12 June 1997 at 6.00 pm.

Present: Councillors STEWART MOWATT, WILLIAM DOIG, FRANK ELLIS, ALEX KING, Mrs RENATE LAMONT, BRIAN MILNE and ALEX SHAND.

Apologies: Apologies for absence were intimated on behalf of Mrs KATHLEEN RITCHIE, IAN HUDGHTON, WALLIE LEASK, WILLIAM MIDDLETON, SANDY WEST and THOMAS I N YOUNG.

Councillor MOWATT, Vice Convener, in the Chair.

1. GOOD PRACTICE GUIDELINES

With reference to Article 1(16) of the minute of meeting of Angus Council held on 19 December 1996, there was submitted Report No 689/97 prepared jointly by the Director of Law and Administration and Director of Planning, Transport and Economic Development detailing guidance to members in dealing with approaches from developers and applicants in respect of planning applications.

The Committee approved the terms of the Report and agreed to recommend that the Good Practice Guidelines attached thereto be adopted.

2. BUILDING WARRANTS

The Committee noted that in the period 12 May - 30 May 1997 a total of 82 Building Warrants had been approved and 10 warrants amended with the total value of the work amounting to £2,051,088.

3. PLANNING APPLICATIONS

There was submitted Report No 670/97 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

Having noted that application No 01/97/1411 had been withdrawn, to refuse consent, for the reasons recommended by the Director of Planning, Transport and Economic Development, in respect of the application detailed in List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, any 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) Debated Application

The Committee considered Application No 01/96/1832 by D C Robertson, Contractors, for the formation of a 2 hectare hard rock quarry at Hilton of Guthrie by Forfar as detailed in Report No 670/97 (List C) by the Director of Planning, Transport and Economic Development who recommended conditional approval.

Mr McNicoll, Principal Development Control Officer, gave a slide presentation on the application, following which a representative from the Guthrie Quarry Objectors Group addressed the Committee, followed by a local resident and two agents for objectors.

Various questions were raised and the local member, Councillor Helen Angus, was invited to address the Committee.

COUNCILLOR MOWATT, SECONDED BY COUNCILLOR KING, MOVED THAT THE APPLICATION BE APPROVED ON THE CONDITIONS SET OUT IN THE REPORT AND SUBJECT TO:-

AMEND THE ROAD REFERENCE IN CONDITION 5 TO THE B9113.

AMEND CONDITION 19 TO READ - THAT ANY LIGHTING REQUIRED TO FACILITATE EXTRACTION DURING WINTER MONTHS BE SUBMITTED TO AND APPROVED BY THE DIRECTOR OF PLANNING, TRANSPORT AND ECONOMIC DEVELOPMENT PRIOR TO INSTALLATION ON SITE.

ADDITIONAL CONDITIONS

23 - THAT TRACTOR SHOVELS AND OTHER MOBILE PLANT UTILISE SILENT REVERSING WARNING TECHNOLOGY ACCEPTABLE TO AND AGREED BY THE DIRECTOR OF PLANNING.

24 - (ARCHAEOLOGICAL CONDITIONS TO BE ADDED AFTER DISCUSSIONS WITH RACHAEL BENVIE).

Councillor Ellis, seconded by Councillor Doig, moved that the application be refused on the grounds that the proposed development would be detrimental to the visual and environmental amenity of the area.

On a vote being taken, the members voted:-

For the motion:- Councillors Mowatt, King, Milne and Shand (4).

For the amendment:- Councillors Doig, Ellis and Mrs Lamont (3).

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

(v) Application from Previous Meeting

With reference to Article 2(9) of the minute of meeting of Angus Council held on 15 May 1997 when it was agreed that the applicants for outline consent for the erection of a dwellinghouse at No 12 Holding, Barns of Claverhouse, submit acceptable documentary evidence to the Council of the other caravan, occupied by the applicant’s brother, having been on site for over 10 years, there was submitted Report No 719/97 by the Director of Planning Transport and Economic Development indicating that no such acceptable documentary evidence had been received.

The Committee noted the position and agreed:-

(i) to refuse the application for outline consent for the erection of a dwellinghouse (Application No 01/96/1784) at No 12 Holding, Barns of Claverhouse; and

- (ii) to remit to the Council consideration of the reasons for refusal.

4. PLANNING APPEAL - NORTH LATCH ROAD, BRECHIN

There was submitted Report No 672/97 by the Director of Planning, Transport and Economic Development on the outcome of an appeal against the refusal by Angus Council to grant consent for the erection of a house at North Latch Road, Brechin.

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

5. ENFORCEMENT ACTION - THE PLOUGH INN, FORFAR

There was submitted Report No 674/97 by the Director of Planning, Transport and Economic Development detailing the circumstances surrounding a recommendation to take enforcement action in relation to the erection of an illuminated sign on the front elevation of the Plough Inn, Market Street, Forfar.

The Committee agreed that enforcement action be taken.

6. ANGUS COUNCIL PLANNING HANDBOOK

With reference to Article 8 of the minute of meeting of the Planning and Transport Policy Committee held on 5 June 1997, there was submitted Report No 661/97 by the Director of Planning, Transport and Economic Development on the production of a Planning Handbook for Angus Council.

The Committee noted the terms of the Report.

7. EXCLUSION OF PUBLIC AND PRESS

The Committee resolved that the public and press be excluded from the meeting during consideration of the following item so as to avoid the disclosure of information which was exempt in terms of Part I of Schedule 7A of the Local Government (Scotland) Act 1973.

8. ARBROATH ROAD, MONIFIETH

With reference to Article 2 of the minute of meeting of this Committee held on 6 May 1997, there was submitted Report No 671/97 by the Director of Planning, Transport and Economic Development detailing discussions which had been held with the applicant over the terms of a proposed Section 75 Agreement at Arbroath Road, Monifieth.

The Director of Law and Administration expressed extreme reservations at the proposals detailed in the Report and advised the Committee of the alternative courses of action open to it.

After expressing a preference for the conclusion of a Section 75 Agreement (under the Town and Country Planning (Scotland) Act 1997) covering the designation of an area of ground for future development for leisure purposes only and its maintenance until such development to a standard acceptable to the Council, the Committee remitted, to appropriate officials, to conclude such an agreement with the developer/applicant in accordance with the Committee’s views.

The Convener ruled that the following item be considered as a matter of urgency in view of the need for a decision to be made timeously.

9. PUBLIC INQUIRY - HOSPITALFIELD

With reference to Article 1(5)(b) of the minute of meeting of Angus Council held on 27 March 1997, and after hearing the Head of Development Control, the Committee agreed to the appointment of consultants, if required, for the forthcoming Public Inquiry in connection with the Council’s refusal of planning permission for 22 houses for the elderly at Hospitalfield, Arbroath.

 

APPENDIX

LIST B - REFUSALS

Application No. Promoter Location Development
01/97/1432 Mr & Mrs W Hamilton 22 Airlie Street Brechin Erection of Dwellinghouse
(after hearing an agent for the applicant)

LIST C - APPROVALS

Application No. Promoter Location Development
01/97/1339 Mr & Mrs David Cameron 20 Strangs Ley Lilybank Forfar Erection of Two Metre High Fence
(after hearing an objector and the applicant)
01/97/1373 J Arbuckle Pressock Farm Guthrie by Forfar Change of Use of Existing Livestock Shed to Poultry Shed
(after hearing the local member)
01/97/1421 Mr & Mrs Craig 1 Dalhousie Gardens Monifieth Erection of Conservatory on Rear Extension
(after hearing an objector)
01/97/1107 Mrs P Melville Evans Stracathro Services Brechin Petrol Station and Associated Facilities
(after hearing an objector and the applicant) Amend condition 5 to:- That the proposed toilet facilities be not brought into use until it is confirmed to the satisfaction of the Director of Planning, Transport and Economic Development that a solution to the drainage situation is satisfactorily advanced.
01/97/1215 Mrs A Fraser Gagie Home Farm Duntrune Retrospective Consent for Importation of Material for the Repair and Maintenance of Private Road
01/97/1369 Glaxo Sports and Social Club 10/14 John Street Montrose Change of Use of Yard to Form External Sitting Area
(after hearing the local member)
01/97/1426 Shona Bruce "Invergarry" 5A Gordon Park Kirriemuir Erection of Conservatory
Application No. Promoter Location Development
01/97/1377 & 02/97/1029 Mr Dailly Amigos 17 Swan Street Brechin Restaurant, Entrance Porch and Canopy
01/97/1014 The Diocese of Dunkeld 64 Thomas Street Carnoustie Outline Permission for Erection of a Church
01/97/1312 Mr & Mrs G Davidson Woodville Inn Shielhill Road Northmuir, Kirriemuir Alterations and Extension to form Chip Shop
01/97/1335 Abbey Theatre Group Abbot Street Arbroath Alterations and Extension to Theatre
01/97/1342 Mrs C Nicoll Happy Horse Livery Stables Old Dronley Road Muirhead Proposed Stable Block
01/97/1371 Mr & Mrs K Eddie 22 Riggend Road Arbroath Extension to Dwellinghouse
01/97/1364 Lindsay MacDonald Emmock Farm Steading Tealing Proposed Dwellinghouse