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ANGUS COUNCIL

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Thursday, 16 April 1998 at 6.00 pm.

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

Apologies: Apologies for absence were intimated on behalf of Councillors STEWART MOWATT, Mrs RENATE LAMONT and WILLIAM MIDDLETON.

Councillor Mrs RITCHIE, Convener, in the Chair.

1. MINUTES OF PREVIOUS MEETINGS

The minutes of meetings of this Committee held on 26 February and 19 March 1998 were approved as correct records and signed by the Convener.

2. PLANNING APPLICATIONS

There was submitted Report No 396/98 by the Director of Planning and Transport on applications for planning consent.

The Committee agreed as follows:-

(i) Delegated Approvals

To note consents issued by the Director of Planning and Transport as detailed in List A of the Report.

(ii) Recommended Refusals

To refuse consent, for the reasons recommended by the Director of Planning and Transport 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 and Transport in respect of the applications detailed in List C of the Report and appended to this minute.

(iv) Withdrawn Application

To note that application No 01/98/0163 for the erection of a house and garage at Templeton Farm, Dronley, by Mr and Mrs R Knox had been withdrawn.

3. BUILDING WARRANTS

The Committee noted that in the period 9 March 1998 to 3 April 1998 a total of 92 building warrants had been approved and 15 warrants amended, with the estimated total value of the work amounting to £2,622,811.00.

4. ENFORCEMENT ACTION

(a) 2 Upper Andover Hill, Brechin.

There was submitted Report No 388/98 by the Director of Planning and Transport detailing the circumstances relative to a recommendation to take enforcement action in relation to the erection of stables in the garden ground at 2 Upper Andover Hill, Brechin. However, the Director of Planning and Transport reported that, since writing his Report, he had received information that the stables had been demolished and removed from the site.

In the circumstances, the Committee agreed that the position be confirmed at the next meeting.

(b) 5 Bellies Brae, Kirriemuir

There was submitted Report No 389/98 by the Director of Planning and Transport detailing the circumstances relative to a recommendation to take enforcement action in relation to the erection of an illuminated forward projecting sign, three downlighters and an unacceptable facia panel on business premises at 5 Bellies Brae, Kirriemuir.

The Committee agreed that enforcement action be taken.

(c) Small Holding, Memus Village

With reference to Article 4 of the minute of meeting of this Committee held on 9 January 1997, when it was agreed not to serve a Wasteland Notice in respect of the condition of the small holding occupied by Miss Betsy MacIntosh in the village of Memus, there was submitted Report No 390/98 by the Director of Planning and Transport detailing the current circumstances in relation to the current condition of the small holding.

Various members were heard on the matter and in particular on the state of the whole site, and reference was made to the long history of this case. After a full discussion, the Committee agreed:-

(i) that enforcement action be pursued in respect of the additional caravan placed on the site and negotiations be entered into to secure other improvements to the site; and

(ii) that Miss MacIntosh be given 6 months to improve the site and that a further report on the matter be submitted to the Committee.

(d) Lands at 12 Barns of Claverhouse Holdings, Tealing, By Dundee

There was submitted Report No 391/98 by the Director of Planning and Transport detailing the circumstances relative to a recommendation to take enforcement action in respect of the siting of the residential caravan on land at 12 Barns of Claverhouse Holdings, Tealing, by Dundee.

The Committee agreed that enforcement action be taken.

(e) Land South of Gagiebank, Wellbank, Angus

There was submitted Report No 392/98 by the Director of Planning and Transport detailing the circumstances relative to a recommendation to initiate an enforcement action in respect of a failure to implement conditions imposed on the planning permission granted on the 20 October 1994 for the erection of 22 residential units on land south of Gagiebank, Wellbank.

The Committee agreed that enforcement action be taken.

(f) Unit 9 Orchardbank Industrial Estate, Forfar

There was submitted Report No 394/98 by the Director of Planning and Transport detailing the circumstances relative to a recommendation to take enforcement action in respect of the non-compliance with conditions imposed on a planning permission granted in respect of the erection of workshop and offices at Unit 9, Orchardbank Industrial Estate, Forfar.

The Committee agreed that enforcement action be taken.

5. WEST BALLOCHY BY MONTROSE - DELETION OF PLANNING CONDITION

There was submitted Report No 393/98 by the Director of Planning and Transport detailing the circumstances relative to a recommendation to delete condition 14 associated with the approval granted to construct a house at West Ballochy, by Montrose.

The Committee agreed to remove planning condition 14 i.e. "that the occupation of the dwelling shall be limited to a person employed in the business activity carried out in the adjoining premises" at the dwellinghouse, West Ballochy, by Montrose.

6. BRECHIN CASTLE CENTRE - SECTION 75 AGREEMENT

There was submitted Report No 395/98 by the Director of Planning and Transport following a request by the Brechin Castle Centre to extend the goods for sale by amending the present Section 75 Agreement.

The Committee agreed to amend (or replace) the current Section 75 Agreement relating to the goods permitted to be sold out of the Brechin Castle Centre by including the additional items and clauses indicated in Sections 3.2(a) to (e) and 3.5(a) and (b) of Report 395/98.

7. DEVELOPMENT CONTROL - CUSTOMER CHARTER

There was submitted Report No 397/98 by the Director of Planning and Transport which presented, for the approval of the Committee, a Charter for the provision of the Development Control service to the customer.

The Director of Planning and Transport explained that the Development Control Charter would complement his Department’s Local Plan Charter and establish an intention to provide a high level of service to the customer in line with the Council’s Key Theme "to aim to provide excellent public services, maximising the use of available resources to meet local needs". The Charter would also make a major contribution to the Best Value requirements of the planning service.

The Committee agreed to adopt the terms of the Charter appended to the Report and to authorise its public distribution.

APPENDIX

LIST B - REFUSALS

Application No. Promoter Location Development
01/98/0024 Torith Limited Rosemill Farm, Bridgefoot Infill Site to Restore Lane to Full Agricultural Use

(After slides had been shown and an objector and the

applicant’s agent had been heard)

01/98/0078 Mr Fraser & Mrs Osbourn Balmuirfield, Harestane Road, Dundee Erection of Two Dwellinghouses
01/97/2010 McPherson Properties 35 Lowerhall Street, Montrose Formation of Box Dormer
01/98/0166 Mr Smoor Gagie Lodge, Gagie Estate Erection of Dwellinghouse
(After slides had been shown and the applicant had been heard)
03/98/0004 Mr Ledingham Potter's Bar, 88 Dundee Street, Carnoustie Retrospective Erection of Illuminated Sign
01/98/0184 Michael Scott Farnell Road, Friockheim Erection of Dwellinghouse
01/98/0091 Taybank Properties Ltd The Former Sidlaw Hospital, The Brae, Auchterhouse Development of Six Houses

LIST C - APPROVALS

Application No. Promoter Location Development
01/97/1989 Don & Low Ltd Glamis Road, Orchardbank Industrial Estate, Forfar Extension to Factory, Formation of New Road and Associated Car Parking
(After slides had been shown and an objector had been heard)
01/98/0143 Carnoustie High School FP Rugby Club 2 Queen Street, Carnoustie Re-application for Change of Use from Licensed Restaurant to Club
(After slides had been shown and an objector and Councillor Selfridge had been heard)
01/97/2046 Glenford Forfar Motor Co Ltd, Forfar Forfar Road, Arbroath Erection of Garage Showroom/ Workshop
(After slides had been shown and the applicant’s agent had been heard)
01/98/0141 Webster Contracts Ltd Plot 5, Denley Court, Arbroath Erection of a Dwellinghouse
(After slides had been shown)
[Councillor Selfridge left the meeting at this point - 7.10 pm]
01/98/0040 and 02/98/0006 Mrs Sheila Smith 8 Marketgate, Arbroath Proposed Rear Extension to Dwellinghouse
01/98/0113 D Allan 13 Dalhousie Street, Monifieth Extension to House and Erection of Garage
01/97/1814 J & A Law Burnhead Terrace, Redford, Carmyllie Erection of 5 No Dwellinghouses - Outline
01/97/1808 Associated Tyre Specialists Ltd Burnside Drive, Arbroath Erection of Tyre/Exhaust Centre
01/97/2110 Interbild Homes Ltd Grange House Grounds, Grange Road, Monifieth Erection of Dwellinghouse
01/98/0154 I Norrie Plot 3, Ramsay Street, Edzell Erection of 1 No Dwellinghouse
01/97/1817 Angus Copland Paradise, Woodville, Arbroath Erection of a Dwellinghouse - Outline
01/97/2117 Taycon Construction Timmergreens, Arbroath Residential Development - 11 Houses
01/98/0142 Mackays Limited Thistle Street, Carnoustie Extension to Factory
(After slides had been shown and a representative of the applicant had been heard)