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ANGUS COUNCIL

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Thursday, 14 August 1997 at 6.00 pm.

Present: Councillors MRS KATHLEEN RITCHIE, STEWART MOWATT, WILLIAM DOIG, FRANK ELLIS, ALEX KING, Mrs RENATE LAMONT, WILLIAM MIDDLETON, BRIAN MILNE, DAVID SELFRIDGE, ALEX SHAND, SANDY WEST and THOMAS I N YOUNG.

Councillor Mrs RITCHIE, Convener, in the Chair.

1. MINUTES OF PREVIOUS MEETINGS

The minutes of meetings of this Committee held on 22 May and 12 June 1997, were submitted, approved as correct records and signed by the Convener.

2. BUILDING WARRANTS

The Committee noted that in the period 7 July to 1 August 1997 a total of 122 Building Warrants had been approved and 18 warrants amended with the estimated total value of the work amounting to £2,584,716.

3. PLANNING APPLICATIONS

There was submitted Report No 812/97 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Having noted that application No 01/97/1538 had been deferred and application Nos 01/97/1472 and 01/97/1581 had been withdrawn, to refuse consent, for the reasons recommended by the Director of Planning, Transport and Economic Development, in respect of the applications detailed in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

Having noted that application No 01/97/1598 had been withdrawn, to grant consent, subject to the conditions recommended by the Director of Planning, Transport and Economic Development and/or where recorded, any additional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 Applications

(a) The Committee considered application no 01/97/1468 by Woodville Developments (Arbroath) Limited for the erection of 8 dwellinghouses at Woodville Park, Woodville, by Arbroath as detailed in Report No 812/97 (List B) by the Director of Planning, Transport and Economic Development who recommended refusal.

The Committee was advised that a late request to address the Committee had been received from the applicant, and that an objector was also present who wished to address the Committee but had not given prior notification to the Director of Law and Administration.

COUNCILLOR MILNE, SECONDED BY COUNCILLOR KING, MOVED SUSPENSION OF STANDING ORDER 13(1) IN ORDER TO ALLOW THE APPLICANT AND OBJECTOR TO BE HEARD.

Councillor Mrs Ritchie, seconded by Councillor Mowatt, moved as an amendment that the parties be not heard.

On a vote being taken, the members voted:-

For the motion:

Councillors DOIG, ELLIS, KING, MIDDLETON, MILNE, SELFRIDGE, SHAND and YOUNG (8)

For the amendment:

Councillors MRS RITCHIE, MOWATT, MRS LAMONT and WEST (4)

The motion was declared carried and, after slides had been shown, the objector and the applicant addressed the Committee.

It was thereafter agreed that the application be refused for the reasons detailed in the Report and also on the grounds that the proposal would be detrimental to the setting of Woodville House, a listed building.

(b) The Committee considered application no 01/97/1578 by Lorna Byers for the erection of a proposed dwellinghouse at 20D Holding, Bucklershead, Kellas as detailed in Report No 812/97 (List B) by the Director of Planning Transport and Economic Development who recommended refusal.

An agent for the applicant was present and addressed the Committee. Councillor Ellis was also heard on the matter.

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

Councillor Ellis, seconded by Councillor Shand, moved as an amendment that the application be conditionally approved subject to:-

(i) the landowner agreeing to sign a Section 75 Agreement allowing no further houses in this area;

(ii) the house being single storey and finished in a similar style to an adjacent dwelling;

(iii) landscaping being carried out to the satisfaction of the Director of Planning, Transport and Economic Development; and

(iv) that drainage be via a septic tank, again to the satisfaction of the Director of Planning, Transport and Economic Development.

On a vote being taken, the members voted:-

For the motion:

Councillors MRS RITCHIE, MOWATT, DOIG, KING, MIDDLETON, MILNE, WEST and YOUNG (8)

For the Amendment:

Councillors ELLIS, MRS LAMONT, SELFRIDGE and SHAND (4)

The motion was declared carried resulting in the application being refused.

Councillor Doig declared an interest in the following item and took no part in the discussion.

- (c) The Committee considered application no 02/97/1053 by Bertram Quality Butchers for the extension of an existing butcher shop into neighbouring premises at 11-13 Bank Street, Kirriemuir as detailed in Report 812/97 (List C) by the Director of Planning Transport and Economic Development, who recommended conditional approval.

One objector and an agent for another objector were present and addressed the Committee.

COUNCILLOR MRS RITCHIE, SECONDED BY COUNCILLOR MOWATT, MOVED CONDITIONAL APPROVAL AS DETAILED IN THE REPORT.

Councillor Ellis, seconded by Councillor Milne, moved that the application be refused as it was detrimental to the technical structure of a listed building.

On a vote being taken, the members voted:-

For the motion:

Councillors MRS RITCHIE, MOWATT, KING, MRS LAMONT, MIDDLETON and WEST (6)

For the amendment:

Councillors ELLIS, MILNE, SELFRIDGE, SHAND and YOUNG (5)

The motion was declared carried resulting in the application being conditionally approved.

(d) The Committee considered application no 01/97/1445 by H & G Entertainment for the change of use and conservatory extension at the Beach Café, Traill Drive, Montrose, as detailed in Report No 812/97 (List C) by the Director of Planning, Transport and Economic Development, who recommended conditional approval.

Councillor West, seconded by Councillor Shand, moved that the application be refused.

COUNCILLOR MRS RITCHIE, SECONDED BY COUNCILLOR KING, MOVED THAT THE APPLICATION BE CONDITIONALLY APPROVED AS DETAILED IN THE REPORT.

On a vote being taken, the members voted:-

For the motion:

Councillor ELLIS, MRS LAMONT, SHAND and WEST (4)

For the amendment:

Councillor MRS RITCHIE, MOWATT, DOIG, KING, MIDDLETON, MILNE, SELFRIDGE and YOUNG (8)

The amendment was declared carried, resulting in the application being conditionally approved.

4. PROPOSED ERECTION OF THREE DWELLINGHOUSES - BALBEUCHLY STEADING, AUCHTERHOUSE - 01/97/1092

With reference to Article 2(iv)(b) of the minute of meeting of this Committee held on 17 July 1997 when planning application no 01/97/1092 for the proposed erection of three dwellinghouses at Balbeuchly Steading, Auchterhouse was refused, the Committee approved the following reasons for refusal:-

(i) that in terms of design and materials the proposal does not comply with the Council’s policy as contained in Advice Note 5 - Houses in the Open Countryside.

(ii) that the design, siting and materials of the proposal are incompatible with its setting inasmuch as they would be unduly prominent and of alien character in a rural setting.

(iii) that the proposal would be detrimental to the setting and architectural quality of the adjacent listed building.

(iv) that the proposal would lead to the intensification of use of a private sub-standard access road to the detriment of pedestrian and traffic safety and as such is contrary to policy P14 of the adopted Rural Areas Local Plan 1994 and policy RD14 of the Finalised Dundee District Local Plan 1994 and there are no material reasons which would lead to the setting aside of the terms of these policies.

 

APPENDIX

LIST B - REFUSALS

Application No. Promoter Location Development
01/97/1508 Mr & Mrs Spink 29 Bractullo Gardens Letham Erection of Boundary Fence
(after hearing an agent for the applicant)
01/97/1518 Mr & Mrs R Adam 7 Roman Road Westmuir Kirriemuir Erection of Conservatory in Garden Ground
03/97/1027 Jean Stewart The Old Brewhouse 1-3 High Street Arbroath Illuminated Advertisement Sign (Retrospective)

LIST C - APPROVALS

Application No. Promoter Location Development
01/97/1352 02/97/1028 Servite Housing Association Lisden House Brechin Road Kirriemuir Erection of Extra Care Sheltered Housing (16 Units)
(Councillor Doig declared an interest in the aforementioned item and took no part in the discussion) (after hearing objectors and an agent for the applicant)
01/97/1380 Cala Management Ltd Fyfe-Jamieson Maternity Hospital Taylor Street Forfar Erection of 18 Dwellinghouses

Delete condition 18 and replace with:-

18. That the trees fronting Taylor Street all be incorporated in the adjacent house plot curtilages and a management/maintenance responsibility be conveyed to those house purchasers through their title deeds.

(after hearing Councillor Glennis Middleton)
01/97/1586 02/97/1058 Buddon Limited James Street Halls James Street Arbroath Erection of Single Person Flatted Residential Accommodation and Conservation Area Consent for Demolition of Building

Additional condition:-

7. That the dwelling units hereby granted consent be for the occupancy of single adult persons only.

01/97/1623 Raynor Building Services Limited East Mains Stables Auchterhouse Erection of Two Houses
01/97/1576 R Holden Smallburn Greystone Carmyllie Erection of Stables, Livery and Equestrian Centre
01/97/1577 R Holden Smallburn Greystone Carmyllie Erection of a Dwellinghouse
01/97/1544 Brown Homes Limited Park Place Kirriemuir Outline Erection of Two Dwellinghouses
01/97/1528 N Mackie Melbourne Park Little Brechin by Brechin Erection of Dwellinghouse
01/97/1514 Brown Homes Orchard Brae Glengate Erection of 10 Dwellinghouses as Phase 4 of a Larger Residential Development
01/97/1332 J A Millar Kellyfield Farm Arbirlot Infilling of Den and Road Re-Alignment

Additional condition:-

That to the satisfaction of the Director of Planning, Transport and Economic Development, the brick deposits which litter the surface of the landfill are removed for disposal at the licensed facility and the embankment be graded and seeded with grass, all prior to the completion of the proposed roadway.

01/97/1491 Euan Lindsay Balbirnie Mill by Brechin Change of Use of Outhouse to Store
01/97/1567 Satellite Information Services 17 East High Street Forfar Installation of Satellite Antenna in Garden to Rear of Shop