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ANGUS COUNCIL

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Thursday 21 October 1999 at 6.00 pm.

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

Apology: An apology for absence was intimated on behalf of Councillor DAVID LUMGAIR.

Councillor STEWART McGLYNN, Convener, in the Chair.

1. BUILDING WARRANTS

The Committee noted that in the period 20 September to 8 October 1999 a total of 6 Amendments to Warrants and 90 Building Warrants had been approved with an estimated cost of £953,156.

2. PLANNING APPLICATIONS

There was submitted Report No 1067/99 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 or where decided by the Committee, 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(iv) Withdrawn Application

To note that application No 99/00751/COU by C Ogg for the change of use from Landscape Gardeners to Tyre, Exhaust, Clutch and Brake Repair Centre at Unit 4, Prior Road, Forfar had been withdrawn by the applicant.

3. PLANNING APPEAL DECISION - 7 WEST PORT, ARBROATH

With reference to Article 2(ii) of the minute of meeting of this Committee held on 3 December 1998, there was submitted Report No 1068/99 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 illuminated signs at 7 West Port, Arbroath.

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

4. ENFORCEMENT ACTION

(a) Cairnie Road, Arbroath

With reference to Article 2(iii) of the minute of meeting of this Committee held on 7 May 1998, there was submitted Report No 1074/99 by the Director of Planning and Transport which detailed circumstances relative to a recommendation to take enforcement action in respect of the unauthorised erection of a wall, in excess of one metre in height, on land associated with a new dwellinghouse erected in Cairnie Road at its junction with Keptie Road, Arbroath.

The Committee agreed that enforcement action be taken.

The Convener ruled that the following matter be considered as a matter of urgency in view of the withdrawal of application No 99/00751/COU by C Ogg as detailed in 2(iv) of this minute.

(b) Unit 4, Prior Road, Forfar

There was submitted Report No 1098/99 by the Director of Planning and Transport which detailed circumstances relative to a recommendation to take enforcement action in respect of the unauthorised use of Unit 4, Prior Road, Forfar as a motor vehicle repair centre.

The Committee agreed that enforcement action be taken.

5. CONSULTATION ON MAJOR RETAIL APPLICATION, DUNDEE

There was submitted Report No 1073/99 by the Director of Planning and Transport which detailed proposals for a food superstore at Claypotts, Baldovie Road, Dundee.

The Report advised that an application had been made to Dundee City Council by Robert Turley Associates on behalf of Sainsburys Supermarkets for outline planning permission for a mixed use development comprising a food superstore (5,671 square metres gross), industrial units, fast food restaurant, petrol filling station, car parking, access and road improvements at Claypotts, Baldovie Road, Dundee. The Report concluded that the proposals for major retail and associated development at Claypotts, was contrary to the Development Plan. The proposal would also draw a considerable amount of trade from communities within Angus and a site immediately north of Monifieth had been identified in the finalised Angus Local Plan as a potential location for major food retailing, taking account of the sequential approach to out of centre developments and subject to satisfying various criteria.

The Committee agreed:-

(i) to object to application D24269 for a large foodstore and related development at Claypotts, Baldovie Road, Dundee on the grounds that the foodstore element of the proposal was contrary to:-

Government policy on retailing in NPPG8 where it had not been satisfactorily demonstrated why an exception to established development plan policies should be made, including satisfying the sequential approach with respect to existing shopping centres at Monifieth and Carnoustie within Angus which were directly affected by the proposal;

The approved Development Plan, including Tayside Structure Plan 1993, policies 4A and 7 which require, inter alia, that large out of centre foodstores would only be permitted where no suitable site was available in, or adjacent to town or district centres; and where a potential site adjacent to Monifieth had been identified in the finalised Angus Local Plan.

(ii) to request Dundee City Council in the event that they are minded to approve the proposal, that the application be notified to the Secretary of State as a significant departure from the approved Tayside Structure Plan 1993; and

(iii) to express concern that the proposed access arrangements appeared to introduce a new right turn facility from the A92 contrary to the strategy for upgrading the route between Dundee and Arbroath, and request that this be the subject of further consideration, including the results of any traffic impact assessment which might have been undertaken.

6. TELECOMMUNICATIONS DEVELOPMENTS: SCOTTISH PARLIAMENT (TRANSPORT AND THE ENVIRONMENT COMMITTEE) ENQUIRY

With reference to Article 12 of the minute of meeting of this Committee held on 30 September 1999, there was submitted Report No 1069/99 by the Director of Planning and Transport which advised that the Transport and Environment Committee of the Scottish Parliament had invited the views of Angus Council on the future of telecommunications development. The Report concluded that after many years of almost unrestrained, if not uncontrolled, telecommunications development, public concern and anxiety had reached an extremely high level and the potential for overdue change was now high. The enquiry into telecommunications developments by the Scottish Parliament appeared to offer a genuine opportunity and intention to improve on the current arrangements.

The Committee therefore agreed that the Report be submitted to the Transport and Environment Committee of the Scottish Parliament as representing the Council’s views on the future of telecommunications developments in Scotland.

7. BEST VALUE SERVICE REVIEW - DEVELOPMENT CONTROL

There was submitted Report No 1070/99 by the Director of Planning and Transport which advised the Committee of the outcome of the Development Control Best Value Service Review and sought Committee approval for the improvement plan prepared by the Review Team.

The Report noted that in terms of performance, the service compared very favourably with the other benchmarking partners and national standards. A large number of national indicators (Scottish Executive and Accounts Commission) indicated that Angus was one of the best performing authorities in Scotland.

The Committee welcomed the Report and agreed:-

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

(ii) to approve the proposed improvement plan outlined in Appendix 1 of the Report.

APPENDIX to the minute of meeting of the Development Control Committee of 21 October 1999 (Article 2 refers)

REFUSALS

Application No. Promoter Location Development
99/00402/OUT Guild Homes (Tayside) Ltd Plot 4, Firhills, Letham Grange, Arbroath Sub-Division of Single Plot to provide Two House Sites
(after slides had been shown, an objector and the local member, Councillor Gray, had been heard)
99/00802/FUL Brechin & District Charitable Trust Park Road Brechin Temporary Siting of Portacabin for Tourist Information
Reasons for refusal:-

1 That the proposed development would detrimentally affect the character and general amenity of the surrounding area.

2 That the proposed development would conflict with the quality and be injurious to the character of the adjacent conservation area.

3 That the proposal would be detrimental to the setting and architectural quality of the adjacent listed building.

(after slides had been shown)

Note: 1 Councillor Milne left the meeting during the consideration of the above application at 6.50 pm.

2 Councillor The Hon R J Leslie Melville declared an interest in the above application.

APPROVALS

Application No. Promoter Location Development
99/00925/FUL Mrs J Adam 12 Auchencairn Place Monifieth Erection of a Conservatory
(after slides had been shown, objectors and the agent for the applicants had been heard)
99/00902/FUL J Carswell The Paddock, Leysmill, by Arbroath Erection of Dwellinghouse
(after slides had been shown)
99/00894/FUL S & M Gray Milton Haugh Farm, Carmyllie Change of Use and Alterations to Farm Building to Form a Shop
99/00953/FUL Mr & Mrs R Littlejohn 6 Fowlis Easter Cottages, Fowlis, by Dundee Erection of Garage