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ANGUS COUNCIL

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Thursday 7 May 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, SANDY WEST and THOMAS I N YOUNG.

Apology: An apology for absence was intimated on behalf of Councillor ALEX SHAND.

Councillor Mrs RITCHIE, Convener, in the Chair.

1. BUILDING WARRANTS

The Committee noted that in the period 6 April to 24 April 1998 a total of 63 building warrants had been approved and 6 warrants amended, with the estimated total value of the work amounting to £1,925,629.

3. PLANNING APPLICATIONS

There was submitted Report No 496/98 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 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 01/98/0206 by Buddon Limited for the erection of a residential development at Shank of Omachie, South of Mattock Road, Wellbank as detailed in Report No 496/98 (List C) by the Director of Planning and Transport, who recommended conditional approval.

After slides were shown, an objector and an agent for the applicant addressed the Committee.

COUNCILLOR MRS RITCHIE, SECONDED BY COUNCILLOR MOWATT, MOVED THAT THE APPLICATION BE CONDITIONALLY APPROVED, SUBJECT TO THE FOLLOWING AMENDED (4) AND ADDITIONAL (17) AND (18) CONDITIONS:

4 AFTER "SOUTHERN" INSERT THE WORDS " AND EASTERN BOUNDARIES" AND DELETE THE WORD "BOUNDARY".

17 THAT A PEDESTRIAN ACCESS ROUTE FROM THE PROPOSED HOUSING SCHEME TO THE PLAYING FIELD BE PROVIDED IN DISCUSSION WITH AND TO THE SATISFACTION OF THE DIRECTOR OF PLANNING AND TRANSPORT.

18 THAT PLOTS 1 AND 2 BE DELETED FROM THE CONSENT HEREBY GRANTED AND BE REPLACED BY A SINGLE DETACHED HOUSE TO BE THE SUBJECT OF A FURTHER PLANNING APPLICATION.

Councillor Ellis, seconded by Councillor McGlynn, moved as an amendment that the application be deferred to the next meeting to allow further consideration to be given to the concerns raised by the objector.

On a vote being taken, the members voted:-

For the motion:-

Councillors Mrs Ritchie, Mowatt, Doig, King, William Middleton, Milne, Selfridge, West and Young (9).

For the amendment:-

Councillors Ellis, Mrs Lamont and McGlynn (3).

The motion was accordingly declared carried, resulting in the application being approved subject to conditions.

- (b) The Committee considered Application No 01/98/0214 by Mr and Mrs Camber for the erection of a dwellinghouse at Plot 2 Westway, Arbroath as detailed in Report No 496/98 (List C) by the Director of Planning and Transport, who recommended conditional approval. Slides were shown and detailed discussion followed on the long history of the site and the problems which had arisen over the years. It was suggested that consideration of the application be deferred until details of the proposals for the development of the remainder of the site were received.

COUNCILLOR KING, SECONDED BY COUNCILLOR MIDDLETON, MOVED THAT THE APPLICATION BE DEFERRED TO THE NEXT MEETING OF THE COMMITTEE TO ALLOW DETAILS OF THE DEVELOPMENT PROPOSALS FOR THE REMAINDER OF THE SITE TO BE RECEIVED, INCLUDING ITS LAYOUT, AND THE PROVISION OF SERVICES AND ROADS.

Councillor Milne, seconded by Councillor West, moved that the application be conditionally approved.

On a vote being taken, the members voted:-

For the motion:-

Councillors Mowatt, King, Mrs Lamont, McGlynn and Middleton (5).

For the amendment

Councillors Mrs Ritchie, Doig, Milne and West (4).

The motion was declared carried resulting in the application being deferred.

(v) Deferred Applications

(a) After slides had been shown, an objector had been heard and members had expressed concern at the size of the site for two houses, to defer consideration of Application No 01/98/0174 by Framework Development Limited for the erection of two dwellinghouses at Eddie Avenue, Brechin, to enable the site to be accurately surveyed and the plots measured and, at the request of Councillor Milne that, the Director consider limiting the development to one house only.

(b) To defer consideration of Application No 01/98/0015 for the erection of 13 No Housing Development at Jubilee Park, Dundee Road, Letham.

Mrs Lamont declared an interest in the following application.

(vi) Application to be referred to the Secretary of State

The Committee considered Application No 01/98/0205 by Carnoustie Golf Course Hotel and Resort Limited for the erection of a 46 Unit Timeshare development and ancillary accommodation at the Links Parade, Carnoustie, as detailed in Report No 496/98 (List C) by the Director of Planning and Transport who recommended conditional approval.

The Director of Planning and Transport outlined the application to the Committee, along with slightly amended plans which were circulated. Slides were also shown.

Mr Michael Johnston, from Carnoustie Golf Course Hotel and Resort Limited, addressed the Committee and stressed a wish to bring Carnoustie permanently on to the golf map, therefore putting Angus on the worldwide map.

Members were heard in support of the application which they stressed was a very important development. Although Carnoustie was to lose the original Dalhousie Clubhouse, it was considered that the benefits to be gained would outweigh the disadvantages.

The Committee unanimously agreed that the application be conditionally approved as detailed in the Report, subject to the deletion of Condition 2.

However, as the Council had agreed to a conditional sale of the Dalhousie site and, therefore, had a financial interest in the outcome of the planning application consideration, it was agreed that as there were objections to the proposals, and the Committee was minded to approve the planning application, the matter be referred to the Secretary of State.

4. PLANNING APPEAL DECISIONS

(a) 136 High Street, Arbroath

There was submitted Report No 497/98 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 of Angus Council to grant consent for a new shop front at 136 High Street, Arbroath.

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

(b) West Mains of Keithock, Brechin

There was submitted Report No 498/98 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 of Angus Council to grant consent for alterations to a dwellinghouse at West Mains of Keithock, Brechin.

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

(c) South Kingennie Farm, Broughty Ferry

There was submitted Report No 499/98 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 of Angus Council to grant consent for the erection of two houses at South Kingennie Farm, Broughty Ferry.

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

5. PLANNING APPEAL/PUBLIC INQUIRIES

There was submitted Report No 502/98 by the Director of Planning and Transport which sought permission to compile a list of planning consultants who were prepared to represent the Council at public inquiries where the Council's decision did not accord with the original recommendation of the Director of Planning and Transport. The Report noted that such a proposal would be in the interest of the Council and would ensure openness and fairness along with best value.

The Report also advised that the appeal against the refusal of the Council to grant consent for the development of residential units at Wesfield, Lindsay Street, Kirriemuir was to be determined by way of a Public Inquiry and recommended that the Council be represented by a planning consultant.

The Committee agreed to invite planning consultants to tender to represent the Council in respect of any planning inquiries where the Council’s decision did not accord with the recommendation of the Director of Planning and Transport..

6. USE OF CONDITIONS IN PLANNING PERMISSIONS

There was submitted Report No 500/98 by the Director of Planning and Transport which outlined the current Government policy regarding the use of conditions in planning permissions as set out in the Scottish Development Department Circular 4/98.

The Committee noted and adopted the terms of the Circular.

7. 2 UPPER ANDOVER HILL, BRECHIN

With reference to Article 4(a) of the minute of meeting of this Committee held on 16 April 1998, the Committee noted that the stables erected in the garden ground of 2 Upper Andover Hill, Brechin, had now been demolished.

APPENDIX

LIST B - REFUSALS

Application No. Promoter Location Development
01/98/0173 G Smith (Ewart Butchers) 14-16 High Street, Monifieth Installation of Roller Shutters
03/98/0012 Adlight Limited Somerfield Stores Ltd, 41 Castle Street, Forfar Erection of 3 No Illuminated Box Signs

LIST C - APPROVALS

Application No. Promoter Location Development
01/98/0308 Mr and Mrs D Campbell 46 Grange Road, Monifieth Roofspace Extension to Dwellinghouse
(after slides had been shown, an objector heard and a letter from the applicant was tabled)
01/97/2035 Tesco Stores Limited Canmore Works, Castle Street, Forfar Proposed Supermarket
(after slides had been shown)
Additional Conditions:
11. That prior to the commencement of any development on site a scheme for the reuse, where appropriate on the proposed new building, of the downpipes presently located on the Don Street frontage of the Canmore Works building be submitted to and approved by the Director of Planning and Transport.
(Councillors Ellis, Selfridge and Young left the meeting at this stage)
01/98/0006 East Angus Co-operative Society Limited Abbeygate Superstore, Academy Street, Forfar Extension to Superstore, Extension to Production Bakery Unit and Additional Car Parking
01/98/0186 Bank of Scotland 49 Barry Road, Carnoustie Installation of ATM Cash Machine
(after slides had been shown and an objector heard)
01/98/0213 Mr Lochrie 108 Dundee Street, Carnoustie Dormer Extension
01/98/0259 Mr and Mrs P Easton Cairnie Road, Arbroath Erection of a Bungalow