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ANGUS COUNCIL

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Thursday, 5 February 1998 at 6.00 pm.

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

Also Present: Councillor IAN MACKINTOSH.

Apology: An apology for absence was intimated on behalf of Councillor SANDY WEST.

Councillor Mrs RITCHIE, Convener, in the Chair.

1. BUILDING WARRANTS

The Committee noted that in the period 23 December 1997 to 23 January 1998 a total of 83 Building Warrants had been approved and 8 warrants amended with the estimated total value of the work amounting to £7,785,318.

2. THE CATS HOTEL, BALRUDDERY, INVERGOWRIE

With reference to Article 5(ii) of the minute of meeting of the Development Control Committee held on 15 January 1998, the Committee endorsed the following reasons for the refusal of the planning application for the formation of an access road to car park and new entrance to cattery at the Cats Hotel, Balruddery.

1. That the access and car parking would, by reason of noise and general disturbance, reduce the degree of residential amenity of surrounding occupiers to a level less than could normally be expected in a rural area.

2. That the proposal is not in conformity with Policy P22 of the adopted Rural Areas Local Plan 1994 which seeks to protect and, where possible, enhance the quality and appearance of the countryside.

3. That the provision of a vehicular access at the point proposed is likely to produce an unacceptable traffic hazard due to the lack of visibility in either direction and the narrow width of the access track onto which the access is to be formed.

3. FLEDMYRE QUARRY - SECTION 75 AGREEMENT

With reference to Article 2(iii) of the minute of meeting of this Committee of 17 July 1997 when planning permission for an extension to the existing sand and gravel workings at Fledmyre Quarry, Montrose Road, Forfar was approved, subject to a Section 75 Agreement being signed to cover a variety of issues including public accessibility to the restored areas, it was reported that the landowner (who was not the applicant) had expressed concern regarding an uncontrolled public access to the area and was not prepared to sign the Agreement on that basis. Accordingly, the applicant had suggested a compromise involving the creation of a small scale car park and viewing area to allow appreciation of the restored land and any wildlife which had taken residence.

Having noted that the Director of Planning, Transport and Economic Development considered the proposal to be an acceptable compromise, the Committee agreed to approve the appropriate amendments to the terms of the Section 75 Agreement.

4. PLANNING APPLICATIONS

There was submitted Report No 183/98 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 or detailed in the Appendix to this minute (List B), in respect of the applications (except application no. 01/97/2082) 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 in addition to grant consent in respect of application no. 01/97/2082 all as appended to this minute.

5. PROPOSED MONTROSE TOWN SCHEME

There was submitted Report 170/98 by the Director of Planning, Transport and Economic Development advising that local authorities were empowered to enter into funding partnerships known as "Town Schemes" with Historic Scotland, and other funding partners, for the repair of historic buildings in Conservation Areas which were designated "Outstanding". The Report presented details of a suggested Town Scheme for Montrose and the procedure for implementation.

The Committee agreed:-

(i) to endorse the Report as a basis for working in partnership with Historic Scotland and Scottish Enterprise Tayside to develop a Town Scheme for a key section of the Montrose Conservation Area commencing on 1 May 1998; and

(ii) to delegate to the Director of Planning, Transport and Economic Development powers to administer the Town Scheme as detailed in the Report.

6. REVIEW OF CONSERVATION GRANTS BUDGET AND POLICY

There was submitted Report 171/98 by the Director of Planning, Transport and Economic Development indicating that experience in operating the Conservation Grants policy over several years had suggested that a more focused approach would draw down additional funds, facilitate a greater impact and further the Council’s key themes more productively and effectively than the current scheme.

The Committee approved the proposed changes to the Conservation Grants system and agreed:-

(i) that £20k of the annual budget of £45k be devoted towards Town Schemes or other partnership projects where match-funding could be obtained;

(ii) that the remaining £25k "General Budget" be focused on the specific conservation issues at the levels detailed in Appendix 1 of the Report;

(iii) that the Director of Planning, Transport and Economic Development continue to have delegated powers to administer the "General Budget" and to move the budget around in response to supply and demand, potential underspend etc;

(iv) that area allocations from the £20k "Large Scale Budget" should require Committee approval; and

(v) that individual grants awarded under such schemes should be administered under delegated powers and that the terms of the grants and the levels should be detailed in the relevant Committee report.

7. TREE FELLING ASSOCIATED WITH THE STEWART MILNE RESIDENTIAL DEVELOPMENT AT MARYKIRK, HILLSIDE, MONTROSE

There was submitted Report 185/98 by the Director of Planning, Transport and Economic Development detailing the circumstances relative to a recommendation that the Procurator Fiscal be requested to take action in respect of the non-compliance with a planning condition imposed on a planning permission and the unauthorised felling of trees on a site at Marykirk, Hillside, Montrose.

After noting the history relating to the application and after hearing the local member, Councillor Ritchie, the Committee instructed the Director of Planning, Transport and Economic Development to present the breach of planning consent to the Procurator Fiscal with a view to an action being pursued.

8. PLANNING APPEAL DECISIONS

(a) Magungie House, Arbroath

There was submitted Report 176/98 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 house at Magungie House, by Arbroath.

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

(b) Woodville, by Arbroath

There was submitted Report 172/98 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 8 houses at Woodville Park, by Arbroath.

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

(c) Douglastown, by Forfar

There was submitted Report 175/98 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 use of land for storage of materials at Douglastown, by Forfar.

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

(d) Doocot Cottage, Finavon

There was submitted Report 174/98 by the Director of Planning, Transport and Economic Development on the outcome of an appeal against a condition imposed by Angus Council in granting consent for the change of use of a holiday cottage to shop at Doocot Cottage, Finavon.

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

(e) Bucklershead, Kellas

There was submitted Report 173/98 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 house at Bucklershead, Kellas.

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

APPENDIX

LIST B - REFUSALS

Application No. Promoter Location Development
01/97/1947 Graham Dear Woodside, by Arbroath Change of use of Paddock to Ostrich Farm and Erection of Ancillary Buildings

Additional grounds of refusal:-

3. That the proposed location is unsuitable for the proposed development due to the proximity of noise sources, namely the Condor military base and busy A933 main road, which are likely to disturb the birds to the detriment of their health and welfare.

01/97/2098 G T MacAulay Millburn House, Kirkton of Kingoldrum Outline Erection of Dwellinghouse
01/97/2079 Mr & Mrs G Curr Old Dronley Road, Backmuir of Liff, Muirhead Outline Planning Permission for two Houses

LIST C - APPROVALS

Application No. Promoter Location Development
01/97/2082 Southesk Developments 14 Trinity Road, Brechin Proposed Hot Food Takeaway

Additional conditions:-

1. That, to the satisfaction of the Director of Planning, Transport and Economic Development, all plant, machinery and equipment, including heating and ventilation equipment shall be installed, maintained and operated so as to prevent the transmission of dust, vibration or odours to any neighbouring sensitive premises.

2. That, to the satisfaction of the Director of Planning, Transport and Economic Development, all plant, machinery and equipment shall not create a noise level exceeding 5 dB(A) above the existing background level whilst in use.

3. That, to the satisfaction of the Director of Planning, Transport and Economic Development, suitable and sufficient refuse receptacle/storage facilities shall be provided.

4. That no live, taped or recorded music shall be played within the building.

5. That the external wall finishes shall be agreed in consultation with, and to the satisfaction of, the Director of Planning, Transport and Economic Development prior to the commencement of work.

(after hearing the agent and local member)
01/97/2115 D Scott The Beeches, Cortachy Road, Kirriemuir Change of House Type
(after slides were shown and Councillor Doig heard)
01/97/2104 D Whitton Oathlaw, by Forfar Outline Erection of Dwellinghouse
01/97/2074 Dalhousie Estates Brechin Castle Centre, Littlehaughmuir Farm, Brechin Visitors’ Centre, Entrance Pavilion, Extension to Café and Associated Car Parking
01/97/2094 N Penman Alehousehill, Friockheim, by Arbroath Erection of Garage
(after slides were shown)

LIST C - APPROVALS

Application No. Promoter Location Development
01/97/1963 Mr & Mrs J Riddell Newbarns Smithy, Inverkeilor Erection of Dwellinghouse - Outline

Additional condition:-

9. That no fewer than two off-street parking spaces shall be provided in association with the proposed development, to the satisfaction of the Director of Planning, Transport and Economic Development, prior to the occupation of the dwellings.

01/97/2107 Mr & Mrs D Morrison 54 Linefield Road, Carnoustie Rear Dormer
01/97/2066 G Graham Melbourne Park, Little Brechin, by Brechin Outline Erection of Dwellinghouse