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ANGUS COUNCIL

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Thursday 2 September 1999 at 6.00 pm.

Present: Councillors STEWART McGLYNN, FRANK ELLIS, ALEX KING, THE HON R J LESLIE MELVILLE, BRIAN MILNE, PETER MURPHY, KATHLEEN RITCHIE, BILL ROBERTON, DAVID SELFRIDGE and SANDY WEST.

Apology: An apology for absence was intimated on behalf of Councillor JOHN HENDERSON.

Councillor STEWART McGLYNN, Convener, in the Chair.

1. BUILDING WARRANTS

The Committee noted that in the period 2 August to 20 August 1999 a total of 10 Amendments to Warrants and 77 Building Warrants had been approved with an estimated cost of £2,128,450.

2. PLANNING APPLICATIONS

There was submitted Report No 882/99 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.

3. PLANNING APPEAL DECISION - 3-5 COMMERCE STREET, ARBROATH

With reference to Article 2(ii) of the minute of meeting of this Committee of 22 October 1998, there was submitted Report No 883/99 by the Director of Planning and Transport which detailed 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 replacement of windows at 3-5 Commerce Street, Arbroath.

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

4. ENFORCEMENT ACTION - GUTHRIE STREET, LETHAM

With reference to Article 3(iii) of the minute of meeting of this Committee held on 9 January 1997, there was submitted Report No 890/99 by the Director of Planning and Transport which detailed the circumstances relative to a recommendation to take enforcement action in respect of a breach of planning condition. The conditions had been imposed to protect an existing boundary hedge and required that no breaches be made in it without the prior consent of the planning authority.

The Report indicated that the hedging had been removed without consent and the occupier of a house which shared a common boundary with Plot 3 of the development site had complained.

After discussion, the Committee agreed to seek a prosecution through the Procurator Fiscal which might result in a fine and/or compensation to the complainer.

5. PLANNING APPLICATION - BRUCEFIELD HOUSE, CLIFFBURN ROAD, ARBROATH - PLANNING CONDITIONS

With reference to Article 2(iv) of the minute of meeting of this Committee of 12 August 1999 when it was agreed to grant approval of Application 99/00635/FUL for the erection of two dwellinghouses at Brucefield House, Cliffburn Road, Arbroath, the Committee approved the undernoted conditions recommended by the Director of Planning and Transport:-

(i) that all surface water be directed to a soakway to the satisfaction of the building control authority;

(ii) that the roof and external wall finishes be agreed in consultation with and be to the satisfaction of the Director of Planning and Transport prior to commencement of work;

(iii) that before work is commenced a sample of roof covering be submitted for the prior approval of the Director of Planning and Transport;

(iv) that a sample panel of the roughcast be prepared for the prior approval of the Director of Planning and Transport;

(v) that prior to the commencement of the development, details of the means of site enclosure proposed to be used, shall be submitted for the prior approval of the planning authority and be erected on or before completion of the development; and

(vi) that no development takes place until there has been submitted to and approved by the Director of Planning and Transport, a scheme of landscaping, including, where appropriate, an indication of all existing trees and hedgerows on the land and details of these to be retained and cleared, together with the measures for their protection in the course of development.

6. A92 PROJECT STATUTORY PLANNING PROCESS - CURRENT POSITION

With reference to Article 3 of the minute of meeting of Angus Council of 4 May 1999, there was submitted Joint Report No 891/99 by the Director of Planning and Transport and the Director of Law and Administration which updated the Committee on the current position in respect of the progress of the statutory planning process with regard to the A92 Project.

The Committee agreed:-

(i) to note the action which was being taken with regard to treatment of objections to the Council's application for planning permission by means of a Notice of Intention to Develop (NID) and the application for Listed Building Consent regarding the demolition of Battiesden Bridge, by Muirdrum, Angus;

(ii) to note that two late objections had been received from Sportscotland regarding the effect of the proposals on the Carnoustie Panmure Football Club pitch and pavilion facility and from Miller Hendry, Solicitors and Estate Agents on behalf of Mr and Mrs John Ramsay of Westbay Cottage, Elliot, by Arbroath in relation to the effect of the proposed upgrading of the A92 on their property and that these had been registered as detailed in the Report;

(iii) to note that due to the fact that objections have been received with regard to the proposals, the Director of Planning was required in terms of the Town and Country Planning (Development by Planning Authorities) (Scotland) Regulations 1981 to forward the NID to the Scottish Ministers at the Scottish Executive, together with details of the consultation exercise and copies of objections received; and that it was also a requirement that the application for Listed Building Consent regarding the demolition of Battiesden Bridge, Muirdrum, Angus be submitted to the Scottish Ministers at the Scottish Executive;

(iv) to note that the Scottish Ministers at the Scottish Executive might take the view that a Public Local Inquiry was necessary with regard to the proposals; and

(v) to note that Dundee City Council had received objections to the NID for the proposed dualling of the A92 within the local government area of Dundee and were therefore required to forward the NID in respect of the development within their area to the Scottish Executive together with additional information as detailed at (iii) above.

Councillor West declared an interest in the following item and took no part in the discussion.

7. REVIEW OF MONTROSE CONSERVATION AREA AND PROPOSED ARTICLE 4 DIRECTION

With reference to Article 7 of the minute of meeting of the Planning and Transport Policy Committee of 26 August 1999, there was submitted Report No 817/99 by the Director of Planning and Transport which detailed the outcome of the public consultation exercise for the review of the Montrose Conservation Area.

The Committee agreed:-

(i) to redesignate the Montrose Conservation Area as suggested in the Report; and

(ii) to authorise the Director of Planning and Transport to apply:-

(a) to Historic Scotland for outstanding status for the redesignated Conservation Area; and

(b) to the Secretary of State for Scotland for an Article 4 direction to bring permitted developments under Classes 1, 7 and 8 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 within the scope of planning control.

APPENDIX

REFUSALS

Application No. Promoter Location Development
99/00760/LBC & 99/00761/FUL H Niven Pitlivie Farmhouse, by Carnoustie Alterations and extensions to dwellinghouse
99/00715/FUL Mr & Mrs James Dorward 3 School Road, Arbroath Proposed extension to dwellinghouse
99/00702/ADV Going Places 203 High Street, Arbroath Erection of two illuminated box signs

APPROVALS

Application No. Promoter Location Development
99/00716/FUL Brechin Golf & Squash Club Brechin Golf Course, Land Adjacent to Trinity Overbridge (A90) Trinity, by Brechin Erection of Golf Clubhouse, Indoor Bowling Rink, Squash Court and Associated Car Parking
(After slides had been shown)
99/00659/FUL Mr & Mrs Soutar North Quilkoe, by Forfar Erection of a dwellinghouse
99/00731 Angus Community Care Charitable Trust Cliff House, Cliffburn, Arbroath Erection of 12 No Residential Units and Communal Facilities

Councillors Mrs Ritchie and Roberton declared an interest in the foregoing application.

99/00631/FUL Mr & Mrs P Giles 11 Tannage Brae, Kirriemuir Erection of Double Garage
99/00664/ADV Retail Media Ltd 35E St James Road, Forfar Erection of illuminated advertising sign
99/00331/OUT John D Crawford Hillhead of Hedderwick, Hillside, by Montrose Erection of dwellinghouse
99/00750/FUL Mr & Mrs Raisi 8 Kirk Square, Arbroath Construction of disabled access ramp
(After slides had been shown)
99/00582/FUL W Mackie Auchlishie, Kinnordy, by Kirriemuir Extension to Residential Home