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ANGUS COUNCIL

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Thursday16 July 1998 at 6.00 pm.

Present: Councillors Mrs KATHLEEN RITCHIE, STEWART MOWATT, WILLIAM DOIG, ALEX KING, WILLIAM MIDDLETON, BRIAN MILNE, ALEX SHAND, and THOMAS I N YOUNG.

Apologies: Apologies for absence were intimated on behalf of Councillors FRANK ELLIS, Mrs RENATE LAMONT, DAVID SELFRIDGE, SANDY WEST, and STEWART McGLYNN.

Councillor Mrs RITCHIE, Convener, in the Chair.

 

1. PLANNING APPLICATIONS

There was submitted Report No 756/98 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) Refusals

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

(iii) Approvals

To grant consent, subject to the conditions recommended by the Director of Planning and Transport, and/or, where recorded, any additional or amended conditions approved by the Committee, in respect of the applications detailed in the Appendix to this minute.

2. TESCO STORE, CASTLE STREET, FORFAR

With reference to Article 3 (iii) of the minute of meeting of the Development Control Committee of 7 May 1998, there was submitted Report No 412/98 by the Director of Planning and Transport indicating that Tesco were not prepared to sign a Section 75 Agreement restricting the range of goods to be sold from their proposed supermarket in Forfar, but had suggested the matter be dealt with by way of a planning condition.

The Committee approved the terms of the Report and agreed:-

(i) in relation to planning application number 01/97/2035, that the requirement to enter into a Section 75 Agreement restricting the range of goods to be sold from the proposed store at Forfar be substituted by a planning condition;

(ii) to add a further condition to the planning consent as follows:-

"that not less than 85% of the net sales area of the supermarket shall be allocated for the display and sale of food and other convenience goods normally found in a supermarket of this scale. The sale of comparison goods shall be permitted in the remaining area of net sales floor space subject to the limitation that no single group of goods from the following list shall occupy more than 50% of the floor space devoted to the sale and display of comparison goods:- books, clothing and footwear, furniture, floor coverings and household textiles, radio, electrical and other durable goods, hardware and DIY supplies, chemist goods, jewellery, silver wear, watches and clocks, recreational and other miscellaneous goods"; and

(iii) that the restrictions on floor area devoted to non-food goods in respect of all future applications for food supermarkets, be imposed by planning condition and not by a Section 75 Agreement.

3. PLANNING APPEAL DECISIONS

(a) 132- 140 High Street, Montrose

There was submitted Report No 750/98 by the Director of Planning and Transport detailing the findings of the Reporter appointed by the Secretary of State to determine the appeal against the refusal by Angus Council to grant consent for an advertisement display at 132 - 140 High Street, Montrose

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

(b) Station Road/Basin View, Montrose

There was submitted Report No 751/98 by the Director of Planning and Transport detailing the findings of the Reporter appointed by the Secretary of State to determine the appeal against the refusal by Angus Council to grant consent for advertisement displays at Station Road/Basin View, Montrose.

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

(c) Station Road, Montrose

There was submitted Report No 752/98 by the Director of Planning and Transport detailing the findings of the Reporter appointed by the Secretary of State to determine the appeal against the refusal by Angus Council to grant consent for advertisement displays at Station Road, Montrose.

The Committee noted that the Secretary of State had upheld the appeal, subject to a number of conditions, one of which provided for the display not being illuminated.

4. ENFORCEMENT ACTION

(a) Land at Rowan Place, Bridgefoot, Strathmartine

There was submitted Report No 753/98 by the Director of Planning and Transport indicating that planning consent had been granted for change of use of land at Rowan Place, Bridgefoot, Strathmartine from use as a retail unit to use as a flatted development.

A complaint had been received regarding bricks and stones being stored on the land and the owner had been advised that a material change of use was involved and that retrospective permission should be sought or the land cleared and restored to its former condition. Despite subsequent correspondence, the building materials remained on the land.

The Committee approved the terms of the Report and agreed that enforcement action be taken against the owner of the land in respect of an unauthorised change of use from retail use or a sui generis use to a use for storing stone and bricks.

(b) Woodville House, Woodville, by Arbroath

There was submitted Report No 754/98 by the Director of Planning and Transport indicating that, in November 1997 it had been noted that works were taking place on land forming part of the policies of the Category ‘B’ listed Woodville House immediately to the rear of the dwellinghouse at 4 The Gardens, Woodville, by Arbroath. The works consisted of the laying down of a hardcore drive and a large concrete base. A residential caravan had also been situated on the land.

The owner had been advised that the works and the siting of a caravan on the land required planning consent and that it would be prudent not to continue with the works pending the submission and determination of an application for planning consent.

In January 1998 it had been noted that the garage had been constructed on the site and the owner had been asked to submit a retrospective application. The owner had responded indicating that the land formed part of his garden ground and that the siting of the caravan and the erection of the garage enjoyed permitted development status.

The Committee approved the terms of the Report and agreed to take enforcement action against the owner of the dwellinghouse at 4 The Gardens, Woodville, by Arbroath, in respect of the annexation of the land forming part of the curtilage of the Category ‘B’ listed Woodville House, Woodville, by Arbroath, into his garden ground.

The following matter was, on the determination of the Convener, dealt with as a matter of urgency in view of the need to carry out enforcement action.

(c) Smallburn Farm, Carmyllie

It was reported that in August 1997 planning consent had been granted to Mr Holden to erect an equestrian centre and stables to be followed by a house for the operator/manager at Smallburn Farm, Greystone, Carmyllie. Construction works were proceeding but a complaint had been received from an adjacent householder that the developer had breached a condition requiring "that all vehicular traffic during construction and all subsequent visitor or service traffic to the site be by the access track indicated on the docketed plans and no other".

As the problem was at its worst during the construction period, the Director of Planning and Transport felt it necessary that immediate action be taken to prevent the breach continuing.

The Committee agreed that an Enforcement Notice and a Stop Notice be served immediately.

5. IMPROVING THE DESIGN OF NEW HOUSING IN THE SCOTTISH COUNTRYSIDE

There was submitted Report No 755/98 by the Director of Planning and Transport indicating that the Scottish Office had commissioned a study of means of improving the design of new housing in the countryside and a Consultation Paper "Investing in Quality - Improving the Design of New Housing in the Scottish Countryside" had been issued a copy of which had been placed in the Member’s Lounge.

The Report set out the terms of a possible response to the document.

The Committee approved the Report and agreed that the comments set out therein be submitted as the Council’s response to the consultation document.

6. CONSERVATION OFFICER - EXAMINATION SUCCESS

It was reported that Paul Mitchell, Conservation Officer in the Planning and Transport Department, had successfully completed the RICS Diploma in Building Conservation.

The Committee congratulated Mr Mitchell on his achievement.

REFUSALS APPENDIX

Application No. Promoter Location Development
01/98/0438 J O’Brien 24 Warslap Avenue, Arbroath Erection of a dwellinghouse - outline
03/97/1044 Ms Patricia Trinnion- Morgan George Hotel, 22 George Street, Montrose Fascia illumination (retrospective)
01/98/0310 Mr J Carr Land of Gagie Road, Kellas Erection of dwellinghouse (outline)
03/98/0019 Baillie Lite Limited 75-77 High Street, Monifieth Erection of advertising signs

APPROVALS

Application No. Promoter Location Development
01/98/0333 David Ritchie (Implements) Ltd Carseview Road, Suttieside Industrial Estate, Forfar Erection of hot dip galvanising plant and associated landscaping
Additional Condition: 12. That fume filters or other emission control measures be implemented from the outset to the satisfaction and standards required by the Scottish Environment Project Agency
(After slides had been shown and the applicant had answered questions)
01/98/0345 E Macari 84 East High Street, Forfar Change of use from retail to hot food takeaway
01/98/0470 Mr and Mrs A Napier 37 St James Road Forfar Extension to dwellinghouse
01/98/0348 Mrs V Powell Bonnyton Farm, Auchterhouse Erection of house and double garage
Additional Condition: 2. That none of the existing trees within the site be felled, lopped, topped or otherwise interfered with, without advance discussion with, and the prior written consent of, the Director of Planning and Transport.
(after slides had been shown and an objector heard)
01/98/0458 Kalasco Ltd The Westway, Hospitalfield, Arbroath Residential development (16 dwellinghouses)
Amended Condition: 4. That house building does not commence until a Road Bond has been lodged with Angus Council to the satisfaction of the planning authority.
Application No. Promoter Location Development
01/98/0228 Safeway Stores plc Burnside Drive/Guthrie Port, Arbroath Erection of supermarket and petrol station - reserved matters.
01/98/0465 Shell UK Ltd Cairnie Road, Arbroath Re-development of filling station, including restaurant/car wash/ drive through takeaway
01/98/0451 Bank of Scotland Alldays Store, Coupar Angus Road, Birkhill Installation of ATM facility
01/98/0337 D Geddes (Contractors) Ltd Ardownie Quarry, Monifieth Proposed recycling and waste transfer station
01/98/0468 Mr L Grubb 94 Grangehill Drive, Monifieth Replacement rear extension
01/98/0216 Mrs R Gray and Mrs I Nugent Inveraldie Inn, Inveraldie Erection of keg store
01/98/0413 Angus College Keptie Road, Arbroath Erection of polytunnel