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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 July 1997 at 6.00 pm.

Present: Councillors KATHLEEN RITCHIE, WILLIAM DOIG, FRANK ELLIS, ALEX KING, WILLIAM MIDDLETON, BRIAN MILNE, ALEX SHAND, SANDY WEST and THOMAS I N YOUNG.

Apologies: Apologies for absence were intimated on behalf of Councillors STEWART MOWATT, IAN HUDGHTON, Mrs RENATE LAMONT and WALLIE LEASK.

Councillor RITCHIE, Convener, in the Chair.

1. BUILDING WARRANTS

The Committee noted that in the period 2 June - 4 July 1997 a total of 162 Building Warrants had been approved and 21 warrants amended with the estimated total value of the work amounting to £5,105,656.

2. PLANNING APPLICATIONS

There was submitted Report No 742/97 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

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, 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 01/97/1498 by Mark Guild Oils Limited for an extension to existing shop premises at the Golden Lion Filling Station, Montrose Road, Arbroath as detailed in Report No 742/97 (List C) by the Director of Planning, Transport and Economic Development who recommended conditional approval.

Slides were shown and the applicant addressed the Committee.

Councillor Ian Angus, the Local Member, spoke against the application.

Councillor Milne spoke on the dangers of pedestrians walking along or across the A92 to get to the shop and the failure of the applicant to establish the need for the development and, seconded by Councillor King, moved that the application be refused, with detailed reasons being submitted to the next meeting of the Committee.

COUNCILLOR SHAND, SECONDED BY COUNCILLOR ELLIS, MOVED AS AN AMENDMENT THAT THE APPLICATION BE CONDITIONALLY APPROVED IN ACCORDANCE WITH THE DIRECTOR’S REPORT.

On a vote being taken, the members voted:-

For the motion:-

Councillors King and Milne (2)

For the amendment:-

Councillors Ritchie, Doig, Ellis, Middleton, Shand, West and Young (7).

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

(b) The Committee considered Application No 01/97/1092 by Mr and Mrs Jessop for the erection of three dwellinghouses in the vicinity of the category "B" listed Balbeuchly Steading as detailed in Report No 742/97 (List C) by the Director of Planning Transport and Economic Development who recommended conditional approval.

After slides were shown, concern was expressed at the design of the houses which were not sympathetic to the traditional steading buildings and at the condition of the road.

The Committee unanimously agreed that the application be refused with detailed reasons being submitted to the next meeting of the Committee.

3. PLANNING APPLICATIONS - AMENDMENTS

(a) Edinburgh Woollen Mills Limited, Elliot Industrial Estate, Arbroath

There was submitted Report No 739/97 by the Director of Planning, Transport and Economic Development notifying the Committee of proposed changes to the utilisation of the premises following the original grant of permission for the change of use of part of the former Pringle Industrial Premises at Elliot, Arbroath and for a substantial extension to create a major manufacturing and retail outlet for Edinburgh Woollen Mills Limited

The Committee noted that revised plans submitted by the applicant showed the scaled down scheme to be completely contained within the existing building with smaller tourist, retail and cafeteria facilities.

The Committee thereafter noted that the revised proposals did not require the submission of a full planning application and noted the current position.

(b) Arbroath Road, Monifieth - Revision of Access Conditions

With reference to Article 8 of the minute of meeting of the Committee held on 12 June 1997, there was submitted Report No 741/97 by the Director of Planning, Transport and Economic Development on the necessity to amend the condition regarding access to the development site in view of the proposed improvement of the A92 Dundee-Arbroath Road approved under Article 3 of the minute of meeting of Roads Committee held on 5 June 1997. The Report also dealt with a request from the developer to have the condition removed requiring membership of the leisure facility to be generally available to the public as the potential operator operated leisure facilities on a strictly private membership basis.

The Committee agreed:-

(i) to substitute the undernoted conditions covering access arrangements for those attached to the original outline consent (Article 1(iii) of the minute of meeting of the Development Committee held on 5 September 1996):-

That prior to the upgrading of the A92 Dundee-Arbroath Road to dual carriageway, access to the development site be by means of a surface level roundabout off the A92 or by other means acceptable to the Council. The layout, design and specification of the proposed new roundabout shall be to the satisfaction of the Director of Roads.

That in conjunction with the proposed dualling of the A92, direct access onto the A92 from the site shall be restricted to - left in/left out only junction with associated deceleration and acceleration lanes. In addition a full standard connection to the satisfaction of the Director of Roads linking the main car parking areas of the development with Ethiebeaton Road, shall be provided by the developer at or in advance of the A92 improvements.

and

(ii) to delete all references in the Section 75 Agreement referring to membership arrangements/restrictions in respect of the proposed leisure facility be deleted.

4. ENFORCEMENT ACTION - BRECHIN

There was submitted Report No 735/97 by the Director of Planning, Transport and Economic Development suggesting the taking of enforcement action in relation to the erection of an illuminated sign on the front elevation of the Eagle Inn, High Street, Brechin.

After noting the circumstances, the Committee agreed that enforcement action be taken in relation to the erection of an illuminated sign on the front elevation of the Eagle Inn, High Street, Brechin located within the Town Centre Outstanding Conservation Area.

5. PLANNING APPEALS DECISIONS

(a) 3 Sparrowcroft, Forfar

With reference to Article 4(iv)(b) of the minute of meeting of the Development Control Committee held on 24 October 1996, there was submitted Report No 738/97 by the Director of Planning, Transport and Economic Development setting out the Reporter’s decision on the appeal against a decision by the Council to refuse to grant retrospective listed building consent for the replacement of windows at 3 Sparrowcroft, Forfar.

The Committee noted that the Reporter has dismissed the appeal.

(b) Plot 5, Cortachy Road, Kirriemuir

There was submitted Report No 737/97 by the Director of Planning, Transport and Economic Development setting out the findings of the Reporter appointed by the Secretary of State to determine the appeal against a condition imposed by Angus Council on the grant of consent for the erection of a house at Plot 5, Cortachy Road, Kirriemuir.

The Committee noted that the Reporter had dismissed the appeal.

(c) Blackfriars Street/Western Road, Montrose

With reference to Article 2(ii) of the minute of meeting of the Development Control Committee held on 13 March 1997, there was submitted Report No 736/97 by the Director of Planning, Transport and Economic Development setting out the findings of the Reporter appointed to determine the appeal against the refusal of Angus Council to grant consent for a housing development at Blackfriars Street/Western Road, Montrose.

The Committee noted that the Reporter had dismissed the appeal.

6. REVIEW OF NEIGHBOUR NOTIFICATION - SCOTTISH OFFICE CONSULTATION PAPER

There was submitted Report No 740/97 by the Director of Planning, Transport and Economic Development setting out a number of options put forward by the Scottish Office in a consultation document on possible changes to neighbour notification procedures. Whilst acknowledging that the current neighbour notification procedures were not perfect, the Report highlighted that the majority of problems and complaints occurred when notification was given considerably in advance of the application being lodged. The Report set out options under the various aspects of neighbour notification, for example responsibility for notification, advertisement, and the definition of neighbouring land and notifiable interest, etc.

The Committee agreed to note the content of the Report, that the Report be forwarded to the Scottish Office for information and drawing attention to the Committee’s preference of Option 2 in regard to neighbour notification ie neighbour notification to remain the responsibility of the applicant in conjunction with a new requirement that a completed copy of the notice served on neighbours be lodged as part of the planning application.

The following matter was, on the determination of the Convener, dealt with as a matter of urgency in view of the need to try to protect Smithy Cottage, Finavon from demolition.

7. BUILDING PRESERVATION NOTICE - SMITHY COTTAGE, FINAVON

There was submitted Report No 752/97 by the Director of Planning, Transport and Economic Development suggesting the desirability of protecting the architectural and historic qualities of Smithy Cottage, Finavon by serving a Building Preservation Notice.

The Committee agreed to authorise the Director of Planning, Transport and Economic Development to serve a Building Preservation Notice on the owners of Smithy Cottage, Finavon and to subsequently request Historic Scotland to statutorily list the building.

8. EXCLUSION OF PUBLIC AND PRESS

The Committee resolved in terms of Standing Order No 27(2) that the public and press be excluded during consideration of the following item to avoid the possible disclosure of information which was exempt in terms of Paragraph 12 of Schedule 7A of the Local Government (Scotland) Act 1973.

The following matter was, on the determination of the Convener, dealt with as a matter of urgency in view of the need for an urgent decision.

9. FARM PARK, LETHAM GRANGE - POSSIBLE LEGAL ACTION

There was submitted Report No 756/97 by the Director of Planning, Transport and Economic Development on the up to date position in respect of possible legal action to secure compliance with a planning condition at Farm Park, Letham Grange, Arbroath.

After hearing Mr Jepson, Head of Development Control, the Committee unanimously agreed to continue to pursue compliance with the planning consent condition requiring the harling of the Hotel annexe at Farm Park, Letham Grange.

 

APPENDIX

LIST B - REFUSALS

Application No. Promoter Location Development
03/97/1022 A Grant The Stag Hotel 140 Castle Street Forfar Erection of Illuminated Fascia Sign
01/97/1404 N Penman Alehousehill by Friockheim Erection of Garage/Workshop
01/97/1416 Mrs M Dorward and Mrs J Murray 16 Pitairlie Road Newbigging Outline Application for Removal of Outbuilding and Creation of 2 Plots for Dwellinghouses
01/97/1433 Mr & Mrs J Anderson West Mains of Keithock, by Brechin Chimney
(after hearing the applicant’s agent)

LIST C - APPROVALS

Application No. Promoter Location Development
01/97/1134 John Fyfe Limited Fledmyre Quarry Montrose Road Forfar Extension to Existing Sand and Gravel Workings Amend Condition 1 - Delete 50 metre and substitute 75 metre
01/97/1527 Kalasco Ltd Hospitalfield Westway Arbroath Erection of 16 Houses for the Elderly
(after hearing an objector)
01/97/1495 Mr & Mrs Greensmith 7 Wemyss Crescent Monifieth Two Storey Extension to Dwellinghouse
01/97/1455 Buddon Limited Donaldson’s Acre Cliffburn Arbroath Erection of 14 Dwellinghouses
01/97/1443 Mr & Mrs McSporran Lundie View Dalhousie Street Edzell Extension to Dwellinghouse
01/97/1428 A Gibson 8A McGregor Street Brechin Change of Use from Commercial Storage to Dwellinghouse
01/97/1454 02/97/1035 Angus Classics Interiors 14 Panmure Street Brechin Alterations to Office to form Retail Outlet Additional condition:- That no power tools or machinery shall be used at the premises other than portable hand tools.
01/97/1092 Mr & Mrs P Jessop Balbeuchly Steading Auchterhouse Erection of Three Dwellinghouses
01/97/1434 George Low Premises at Blairs Road Letham Proposed Alterations and Change of Use of Roof Space Associated with Retail Unit to Office
01/97/1466 Mr & Mrs Fairweather Plot 9 Caldhame Gardens Brechin Erection of Dwellinghouse and Garage
01/97/1546 A C Dey Heathbank Brechin Road Tayock by Montrose Erection of 1.8 metre High Timber Interwoven Fence