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ANGUS COUNCIL

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Thursday 18 March 1999 at 6.00 pm.

Present: Councillors Mrs KATHLEEN RITCHIE, STEWART MOWATT, WILLIAM DOIG, FRANK ELLIS, ALEX KING, 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 Councillors Mrs RENATE LAMONT and ALEX SHAND.

Councillor Mrs RITCHIE, Convener, in the Chair.

Prior to commencing the business of the meeting, the Convener referred to the recent sad death of Ian Wilson, Committee Services Manager. She paid tribute to his work for the Council, and expressed condolences, on behalf of the Committee, to his wife and family.

1. BUILDING WARRANTS

The Committee noted that during the period 15 February to 5 March 1999 a total of 1 Amendment to Warrants and 72 Building Warrants had been approved with an estimated cost of £1,312,195.

2. PLANNING APPLICATIONS

There was submitted Report No 332/99 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, in respect of the applications detailed in the Appendix to this minute.

(iv) Debated Application

The Committee considered Application No 99/00133/ADV by A H Lilly for retrospective advertising consent for the erection of four flagpoles in the grounds of Castleton House Hotel, Glamis as detailed in Report No 332/99 (List B) by the Director of Planning and Transport, who recommended refusal.

Slides were shown and an agent heard.

COUNCILLOR RITCHIE, SECONDED BY COUNCILLOR KING, MOVED THAT THE APPLICATION BE REFUSED FOR THE REASONS SET OUT IN REPORT NO 332/99.

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

On a vote being taken, the members voted:-

For the motion:-

Councillors Mrs Ritchie, Mowatt, Doig, King, Middleton, West and Young (7).

For the amendment:-

Councillors Ellis, McGlynn, Milne and Selfridge (4).

The motion was declared carried.

3. NEWMILL OF GRAY, INVERGOWRIE, BY DUNDEE - CALA HOMES - OUTLINE APPLICATION FOR 243 HOUSES AND APPLICATION FOR 54 DETACHED HOUSES,

There was submitted Report No 338/99 by the Director of Planning and Transport which detailed proposals for a housing development at Newmill of Gray, to the west of Dundee.

The Report advised that an application had been made to Dundee City Council by Cala Homes seeking outline consent for the erection of 243 houses at Newmill of Gray. The same company had also submitted a detailed application for a first phase of 54 houses for the south- eastern part of the site.

The Report concluded that the proposals were premature given the forthcoming review of the Structure Plan which should set the framework and determine the scale and phasing of land release in a co-ordinated strategy for any additional major housing allocation to the west of Dundee. There was no shortfall of housing land in the Dundee Housing Market Area and there were a number of issues to be addressed including the particular concerns regarding primary school capacity to support any additional development.

It was also considered that the proposals were premature until the impact upon the employment land allocations at Balgarthno were assessed in relation to the issue of housing land release to the west of Dundee.

The Committee agreed to make an objection to the two applications to Dundee City Council on the grounds set out in Report 338/99.

4. PLANNING APPEAL DECISION - LAND AT FORMER SIDLAW HOSPITAL, AUCHTERHOUSE

There was submitted Report No 333/99 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 six houses on land at the former Sidlaw Hospital, Auchterhouse.

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

5. ENFORCEMENT ACTION

(a) Land at West Grange Road, Monifieth

There was submitted Report No 334/99 by the Director of Planning and Transport detailing the circumstances surrounding a recommendation to take enforcement action in relation to breaches of three of the planning conditions imposed on the consent granted to Wimpey Homes Holdings Ltd. on 15 July 1998 in respect of the formation of a temporary sales area on land at West Grange Road, Monifieth as detailed in the Report.

The Committee agreed that enforcement action be taken.

(b) Former Milton Park Filling Station, 82 Ferry Road, Monifieth

There was submitted Report No 335/99 by the Director of Planning and Transport detailing the circumstances surrounding a recommendation to take enforcement action in respect of a material change to use of land at 82 Ferry Road, Monifieth, from petrol filling station to taxi office.

The Committee agreed that enforcement action be taken.

(c) 9 Chapel Place, Montrose

There was submitted Report No 336/99 by the Director of Planning and Transport detailing the circumstances surrounding a recommendation to take enforcement action in relation to the removal of five sash and case windows and their substitution with UPVC double glazed units at 9 Chapel Place, Montrose.

The Committee agreed that enforcement action be taken.

(d) Land at Douglastown, Forfar

There was submitted Report No 354/99 by the Director of Planning and Transport which detailed the circumstances relative to a recommendation to take further enforcement action in respect of the setting down/storage area created by Messrs R S Hill, Joiners and Building Contractors, Douglastown, Forfar.

The Committee agreed:-

(i) to note the considerable planning history surrounding the piece of ground at Douglastown;

(ii) to take further action against a setting down/storage area created without the benefit of planning permission on land in the occupation of Messrs R S Hill, Douglastown, Angus;

(iii) that the action be deferred pending the firm presenting and implementing a programme of work that would ensure adherence to the terms of the appeal decision issued in 1997; and

(iv) to request the Director of Planning and Transport to submit a further report on progress at an early date following the Council elections.

6. ROYAL INCORPORATION OF ARCHITECTS IN SCOTLAND (RIAS) ILLUSTRATED ARCHITECTURAL GUIDE TO ANGUS

There was submitted Report No 337/99 by the Director of Planning and Transport advising that the RIAS were developing an illustrated architectural guide to Angus as part of an on-going, Scotland - wide project, but were unable to secure all the funding to publish the Angus volume.

The Report noted that the publication of a concise architectural guide to the substantial built heritage of Angus would open up the wealth of buildings in Angus to a much wider audience, and that its aims would also be consistent with the ongoing work to promote Angus on a corporate basis.

The Director of Planning and Transport advised the Committee that the RIAS were now seeking a grant of £1,000, rather than the £3,000 stated in the Report. The Committee agreed that a grant of £1,000 from the 1998/99 Conservation Grants Budget (Revenue) be awarded to RIAS to secure the publication of an illustrated architectural guide to Angus.

7. ST JAMES CHURCH, FORFAR

With reference to Article 7 of the minute of meeting of this Committee held on 25 February 1999, when it had been agreed that the Council take steps to make St James Church wind and watertight, there was submitted Report No 339/99 by the Director of Law and Administration updating the Committee on the matter.

The Report noted, with regret, that the Royal Bank of Scotland plc had not seen it to be in their interests as well as in the interests of the Council, the proposed developer and the public at large, to re-develop the building and bring it back into beneficial use. The urgent works necessary to keep the building wind and watertight had therefore now been undertaken, and the immediate threat to its condition had been removed. However, a watching brief would require to be kept on the building and a report made to the Committee with further proposals when appropriate circumstances arose.

The Committee agreed:-

(i) to note the terms of the Report; and

(ii) to homologate the action taken by the Director of Law and Administration in giving written authorisation to enter St James Church in terms of Section 76 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 as detailed in the Report.

The Convener ruled in terms of Standing Order 11 (2) that the following item be considered as a matter of urgency in view of the need to take action quickly.

8. PEAR TREE AT SERVITE HOUSING ASSOCIATION SHELTERED HOUSING SCHEME, HIGH STREET/WESTERN ROAD, MONTROSE

There was submitted Report No 363/99 by the Director of Planning and Transport which detailed the circumstances surrounding a decision he had taken, under powers delegated to him, to authorise the felling of a pear tree at the Servite Housing Association Sheltered Housing Scheme, High Street/Western Road, Montrose.

After hearing Councillor Crowe, the local member, speak in support of retaining the tree, the Committee noted:-

(i) the decision of the Director of Planning and Transport, taken under the powers delegated to him, to allow the pear tree to be felled; and

(ii) that any similar agreements to allow the removal of trees within a Conservation Area which were covered by a Tree Preservation Order, taken under delegated powers, would be notified to members via the weekly planning application list.

APPENDIX

LIST ‘B’ - RECOMMENDED REFUSALS

Application No. Promoter Location Development
99/00136/FUL Dr C Miller Whitehillfaulds, Auchterhouse Erection of Double Garage
(after slides had been shown and an agent heard)
99/00126/ADV 99/0127/LBC Clinton Cards plc 51 High Street, Montrose Erection of illuminated sign
99/00063/OUT C A Christie 28 Park Road, Brechin Outline Erection of dwellinghouse

LIST ‘C’ - RECOMMENDED APPROVALS

Application No. Promoter Location Development
99/00044/FUL Thrums Veterinary Surgery Pathhead Nursery, Forfar Road, Kirriemuir Erection of a Veterinary Surgery and associated car park.
98/01276/OUT Tay Developments Ltd. Fowlis Easter Conversion of Mill to form 10 flats and construction of 22 houses and formation of Village Green.
99/00107/COU Arbroath Project 7A Culloden Terrace, Arbroath Change of use from shop to Day Centre
98/01236/FUL Peter Jessop Balbeuchley Farm Steading, Auchterhouse Erection of Dwellinghouse
99/00097/FUL Peter Jessop Balbeuchley Farm Steading, Auchterhouse Conversion of Calving House to dwellinghouse
99/00130/FUL Alin Properties 44 Millgate Loan, Arbroath Change of Use of dwellinghouse and extension to form Funeral Service Rooms and flat.
99/00153/FUL Mr Howatson Finavon Hotel, Finavon, by Forfar Extension to Hotel
98/01230/FUL Miss K Treacy Floreat Hotel, Millgate Loan, Arbroath Conversion of guest house to six flats

Amend Condition

5. After "parking layout", insert: "proof of structural stability (by means of an engineer’s report)".

(after slides had been shown)
Application No. Promoter Location Development
99/00168/FUL Mr Lamont 1 Panmure Street, Monifieth Erection of garage
(after slides had been shown)
99/00150/FUL D Tassie 4 Rattray Street, Monifieth Permission for erection of dwellinghouse
99/00141/FUL Mr and Mrs R Madden 5A Kellas Road, Wellbank Alterations to Farm Roof conversion.