Angus CouncilTel: 03452 777 778

ANGUS COUNCIL

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Tuesday, 6 May 1997 at 6.00 pm.

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

Councillor Mrs RITCHIE, Convener, in the Chair.

1. BUILDING WARRANTS

It was reported and noted that between 31 March and 18 April 1997, 64 Building Warrants had been approved and 16 Warrants amended with the total value of work amounting to £2,340,850.

2. AMENDMENT TO SECTION 50 AGREEMENT: ARBROATH ROAD, MONIFIETH

With reference to Article 1(iii) of the minute of meeting of this Committee held on 5 September 1996 (planning application 01/96/1406), there was submitted Report No 526/97 by the Director of Planning, Transport and Economic Development advising that a request had been received from the applicant seeking an adjustment to the Section 50 Agreement, an essential element of the planning consent.

After hearing various members, the Committee declined to amend the proposed Section 50 Agreement applicable to the roadside services etc development at Arbroath Road, Monifieth and confirmed the requirement for the approved leisure facilities to be provided in advance of the hotel/lodge/bar/restaurant facility.

3. PLANNING APPLICATIONS

There was submitted Report No 392/97 by the Director of Planning, Transport and Economic Development on applications for planning consent.

The Committee agreed as follows:-

(i) Delegated Approvals

After noting that application No 01/97/1264 would be considered in List C, to note consents issued by the Director of Planning, Transport and Economic Development as detailed in List A of the Report.

(ii) Recommended Refusals

After noting that application No 01/97/1071 had been withdrawn, to refuse consent, for the reasons recommended by the Director of Planning, Transport and Economic Development, in respect of the applications detailed in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

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

Councillor Milne left the meeting during consideration of this application.

The Committee considered application No 01/96/1784 by Lesley Drew, for outline consent for the erection of a dwellinghouse at No 12 Barns of Claverhouse Holdings, Tealing as detailed in Report No 392/97 (List C) by the Director of Planning, Transport and Economic Development who recommended conditional approval.

An agent for the applicant was present and addressed the Committee.

COUNCILLOR KING, SECONDED BY COUNCILLOR MRS RITCHIE, MOVED THAT THE APPLICATION BE APPROVED SUBJECT TO THE NINE CONDITIONS RECOMMENDED BY THE DIRECTOR AND SUBJECT ALSO TO THE APPLICANT SIGNING A S50 AGREEMENT AGREEING TO THE REMOVAL OF BOTH RESIDENTIAL CARAVANS SITUATED ON THE APPLICATION SITE, THIS S50 AGREEMENT TO BE AMENDED TO COVER THE REMOVAL OF THE APPLICANT’S OWN RESIDENTIAL CARAVAN ONLY, IN THE EVENT OF THE APPLICANT SUBMITTING ACCEPTABLE DOCUMENTARY EVIDENCE TO THE COUNCIL OF THE OTHER CARAVAN, OCCUPIED BY THE APPLICANT’S BROTHER, HAVING BEEN ON SITE FOR OVER TEN YEARS.

Councillor Ellis, seconded by Councillor Hudghton, moved as an amendment that the application be approved subject to the nine conditions recommended by the Director but subject to the applicant signing a S50 Agreement, agreeing only to the removal of the applicant’s own residential caravan from the site, prior to occupation of the new house.

On a vote being taken, the members voted:-

For the motion:- Councillors Mrs Ritchie, Mowatt, Doig, King, Mrs Lamont, West and Young (7).

For the amendment:- Councillors Ellis, Hudghton, Middleton and Shand (4).

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

4. PLANNING ADVICE NOTE 51 - PLANNING AND ENVIRONMENTAL PROTECTION

With reference to Article 7(c) of the minute of meeting of the Planning and Transport Policy Committee held on 24 April 1997, the Committee approved, for its interest, Report No 447/97 by the Director of Planning, Transport and Economic Development and noted that a further Report would be submitted to the Committee outlining in detail the inter-relationship between planning and other environmental protection regimes as they related to the consideration of planning applications.

5. REPLACEMENT WINDOWS - POLICY REVIEW

With reference to Article 5 of the minute of meeting of this Committee held on 20 February 1997, there was submitted Report No 518/97 by the Director of Planning, Transport and Economic Development detailing a summary of the consultation findings and consequent revisions to the policy.

The Committee agreed:-

(i) to note the results of the consultation process;

(ii) to approve the revised replacement window policy as contained in Section 5 of the Report;

(iii) to approve the enforcement procedure detailed in Section 6 of the Report;

(iv) to award conservation grants for window repairs and installation of secondary glazing which would ensure the retention of original windows in listed buildings; and

(v) to approve the reprinting of Advice Note 9 to incorporate the policy revisions as detailed.

6. PLANNING APPEAL DECISIONS

(a) 9 East Grimsby, Arbroath

There was submitted Report No 512/97 by the Director of Planning, Transport and Economic Development on the outcome of an appeal against the refusal of Angus Council to grant consent for change of use of office to a residential flat at 9 East Grimsby, Arbroath.

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

(b) Dalhousie Bar, 1 Market Street, Brechin

There was submitted Report No 513/97 by the Director of Planning, Transport and Economic Development on the outcome of an appeal against the refusal of Angus Council to grant consent for the formation of a beer garden to the rear of the Dalhousie Bar, 1 Market Street, Brechin.

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

(c) 46 Prior Road, Forfar

There was submitted Report No 514/97 by the Director of Planning, Transport and Economic Development on the outcome of an appeal against the refusal of Angus Council to grant consent for the erection of a double garage at 46 Prior Road, Forfar.

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

(d) Ferryton, Hillside Road, Forfar

There was submitted Report No 516/97 by the Director of Planning, Transport and Economic Development on the outcome of an appeal against the refusal of Angus Council to grant consent for the erection of a dwellinghouse at Ferryton, Hillside Road Forfar.

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

(e) Dorward Place/Warrack Terrace, Montrose

There was submitted Report No 515/97 by the Director of Planning, Transport and Economic Development on the outcome of an appeal against the refusal of Angus Council to grant consent for the installation of floodlights for tennis courts at the Mid Links, Montrose.

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

7. ENFORCEMENT ACTION - ALEHOUSE HILL, FRIOCKHEIM

There was submitted Report No 517/97 by the Director of Planning, Transport and Economic Development recommending initiation of Enforcement Action in respect of a change of use of land at Alehouse Hill, Friockheim, by Arbroath from garden ground to use as a delivery point for timber and timber products, the preparation of wood for delivery to site and the manufacture of items of joinery.

After noting the history of the case, the Committee agreed that Enforcement Action proceed but that this be held in abeyance during consideration of any planning application received within the next few days.

APPENDIX

LIST B - REFUSALS

Application No. Promoter Location Development
01/97/1273 John Reid & Sons Ltd Newbigging Road, Tealing Outline Consent for a Dwellinghouse
01/97/1211 R S Hill Douglastown, by Forfar Temporary Use of Area of Land for Three Years for Storage and Uplifting Materials
03/97/1009 02/97/1019 Woolworths PLC 163 High Street, Arbroath Erection of Illuminated Fascia Sign

LIST C - APPROVALS

Application No. Promoter Location Development
01/97/1253 Carnoustie Golf Course Hotel Ltd Links Parade, Carnoustie Erection of Hotel with Leisure and Conference Facilities
(After hearing the Director of Planning, Transport and Economic Development, a member of Carnoustie Community Council and the Architect for the Development)
01/97/1179 North of Scotland Water Authority Orchardbank Industrial Estate, Forfar Reconstruction of Wastewater Treatment Plant Amend Condition 8:- delete "Dbs" and substitute "dBa above ambient"
01/97/1065 G Davidson 44 Gagiebank, Wellbank Retrospective Application for Erection of Fire Wall and Conservatory Amend Condition 2 to read: "That the fire wall hereby granted consent shall be reduced in height to two metres measured from ground level and be topped with a suitable coping (not to exceed 50 mm thick)"
01/97/1165 A Robertson 2 Denside, Letham Grange, Arbroath Erection of Patio Retaining Wall
01/97/1274 S Wilson 31 Panmure Street, Monifieth Proposed Dormer Extension and Formation of Driveway
01/97/1271 Ian Guthrie (Montrose) Western Road, Montrose Alterations and Extension to Existing Garage
(After hearing an objector’s agent)
01/97/1247 Mr Smith 61 Park Road, Brechin Erection of Stone Piers and Metal Railings
01/97/1150 02/97/1012 D Hagen The Dower House, Wester Balruddery, Invergowrie Extension to House and Rebuilding Garage

LIST C - APROVALS (Cont’d)

Application No. Promoter Location Development
01/97/1203 Ms Lorna Ritch 17 Well Street, Monifieth Rear Extension to Dwellinghouse
01/97/1177 C McLaughlin 144 Coupar Angus Road, Birkhill Erection of Rear Extension
01/97/1264 Mr and Mrs Morrison "Roseneath", Panmure Road, Monikie Erection of Single Storey Extension
01/96/1675 C Smart St Mary Street, Arbroath Erection of Dwellinghouse
01/97/1278 J Martin Builders 8 Braefoot, Carnoustie Demolition of Existing Cottage and Erection of New Dwellinghouse