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ANGUS COUNCIL

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Thursday 30 September 1999 at 6.00 pm.

Present: Councillors STEWART McGLYNN, FRANK ELLIS, JOHN HENDERSON, ALEX KING, BRIAN MILNE, PETER MURPHY, BILL ROBERTON and SANDY WEST.

Apologies: Apologies for absence were intimated on behalf of Councillors KITTY RITCHIE and DAVID SELFRIDGE.

Councillor STEWART McGLYNN, Convener, in the Chair.

1. MINUTES OF PREVIOUS MEETINGS

The minutes of meetings of this Committee held on 13 July, 12 August and 2 September 1999 were submitted, approved as a correct record and signed by the Convener.

2. BUILDING WARRANTS

The Committee noted that in the period 23 August to 17 September 1999 a total of 8 Amendments to Warrants and 96 Building Warrants had been approved with an estimated cost of £3,873,761.

3. PLANNING APPLICATIONS

There was submitted Report No 944/99 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) Deferred Application

To note that application No 99/00681/FUL by Mr Buchanan for the conversion of former printworks to provide 10 flats at 94 High Street, Montrose had been deferred.

4. TEALING PARISH CHURCH - PROPOSED SECURITY MEASURES

There was submitted Report No 945/99 by the Director of Planning and Transport which outlined the derelict condition of the former Tealing Parish Church and proposed measures to make the building wind and watertight and secure against unauthorised access.

The Report indicated that the former Tealing Parish Church was a Category A listed building which contained some high quality sculptured stones. Unless measures were undertaken now, the building would deteriorate to the point where further works were necessary with greatly increased costs.

The Committee agreed that the Director of Planning and Transport be authorised to instruct work to make the former Church wind and watertight and to carry out associated pigeon control measures on the basis of the works and costs detailed in the Report.

5. ANGUS DESIGN AWARDS SCHEME 2000

There was submitted Report No 946/99 by the Director of Planning and Transport which outlined the development of a locally based Design Awards Scheme for Angus.

The Report proposed that the Council should initiate a pilot Awards Scheme in Spring 2000 with a view to making awards later that year. Successive Schemes would be run thereafter, probably on a two-yearly cycle. The Scheme would generate an awareness of the contribution that good quality design could make to the overall environment and further the Council’s aims of promoting environmental quality and furthering social inclusion.

The Committee agreed to launch the Angus Design Awards Scheme in the Spring of 2000, with the inaugural awards in late Summer/early Autumn 2000.

6. ENFORCEMENT ACTION

(a) Bridgend Cottage, Old Brechin Road, Lunanhead, Angus

There was submitted Report No 947/99 by the Director of Planning and Transport which detailed the circumstances relative to a recommendation to take enforcement action in respect of the erection of a boundary fence built in excess of one metre in height from ground level within 20 metres of a road at Bridgend Cottage, Old Brechin Road, Lunanhead.

The Committee agreed that enforcement action be taken.

(b) 26/27 High Street, Kirriemuir

There was submitted Report No 948/99 by the Director of Planning and Transport which detailed the circumstances relative to a recommendation to take enforcement action in respect of the erection of three downlighters, an unacceptable fascia panel and a large yellow painted sign on business premises at 26/27 High Street, Kirriemuir.

The Committee agreed that enforcement action be taken.

7. PLANNING APPEAL DECISIONS

(a) Land at Fishtown of Usan, by Montrose

There was submitted Report No 949/99 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 serving of an Amenity Notice by Angus Council in respect of land at Fishtown of Usan.

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

(b) Crossroads Cottage, Kinnell

There was submitted Report No 950/99 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 to operate three lorries from Crossroads Cottage, Kinnell.

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

(c) 1 Riverview Drive, Monifieth

There was submitted Report No 951/99 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 the erection of a house at 1 Riverview Drive, Monifieth.

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

8. ADVICE NOTE 19: HOUSE EXTENSIONS

There was submitted Report No 952/99 by the Director of Planning and Transport which detailed a proposal to introduce an addition to the series of free Advice Notes produced by the Department for public consumption, namely Advice Note 19: House Extensions. The Advice Note should assist the Committee to produce consistent decisions and to advise potential applicants and neighbours/objectors of the type of extension that was likely or unlikely to receive approval.

The Committee agreed to the adoption of Advice Note 19 as representing the Council’s policy in respect of house extensions and to authorise its publication.

9. ADVICE NOTE 24: RESIDENTIAL BOUNDARY TREATMENT

There was submitted Report No 953/99 by the Director of Planning and Transport which detailed a proposal to introduce an addition to the series of free Advice Notes produced by the Department for public consumption, namely Advice Note 24: Residential Boundary Treatment. The Advice Note would convey to potential applicants the types of structures that were likely to receive the support of the Council and conversely those that would not.

The Committee agreed to adopt Advice Note 24 as representing the Council’s policy in respect of boundary treatment to residential properties and to authorise its publication.

10. PLANNING APPLICATION CONSULTATION - EDZELL BASE, ABERDEENSHIRE

There was submitted Report No 954/99 by the Director of Planning and Transport advising the Committee that Aberdeenshire Council had formally consulted Angus Council on a planning application they had received to develop the disused RAF Edzell Base.

The Report indicated that an application had been made to Aberdeenshire Council by D M Carnegie, for outline consent only, but indicated an allocation for business park (12.4 hectares), general industry (22.4 hectares), storage and distribution (106.3 hectares), open storage (7.8 hectares) and conversion of barracks to 50 flats. The existing residential accommodation was excluded from the application.

The Report highlighted one issue in particular which gave some concern, namely the vehicular access to the site. The development, as proposed, had the potential to generate considerable flows of heavy goods vehicles in comparison with the single activity currently operating which had attracted Scottish Executive concerns as the trunk roads authority.

After hearing members in amplification of the concerns raised in the Report, the Committee agreed to formally express its objection to Aberdeenshire Council in respect of the application for outline consent for the development of the Edzell Base, pending satisfactory resolution of all access issues.

11. TELECOMMUNICATIONS INSTALLATIONS

There was submitted Report No 955/99 by the Director of Planning and Transport regarding the recent publicity surrounding a number of proposed telecommunications installations in Angus. The Report examined the powers available to the Council and suggested representations be made to COSLA and the Scottish Executive.

The Committee agreed:

(i) to approve the terms of the Report and authorise the Director of Planning and Transport to make representations on behalf of Angus Council to COSLA and the Scottish Executive, seeking greater planning powers in respect of telecommunications installations;

(ii) to approve the procedures suggested in paragraph 5.7 of the Report;

(iii) to call upon the Scottish Executive to review the current legislation regarding "permitted development rights" presently allowed for telecommunications installations by the telecommunications code system operators (as conveyed by Part 20 (Class 67) of Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992) with a view to removing these "permitted development rights";

(iv) to recommend that the development control legislation be amended so that each and every proposal for the siting of such telecommunications installations should require to be the subject of a detailed planning application to the local authority in whose area it lies, so that the provisions of the Town and Country Planning (Scotland) Act 1997 applied and that such applications should be the subject of full public consultation including neighbour notification and "bad neighbour" advertising as prescribed in the Town and Country Planning (General Development Procedure) (Scotland) Order 1992, Articles 9 and 12 (5) (b) respectively; and

(v) that the report be referred to the Policy and Resources Committee for consideration.

APPENDIX to the minute of meeting of the Development Control Committee of 30 September 1999 (Article 3 refers)

REFUSALS

Application No. Promoter Location Development
99/00806/ADV & 99/00805/LBC Blockbuster (UK) Group Ltd 18 High Street, Montrose Consent to Display Advertisements and Listed Building Consent
99/00789/FUL Mr and Mrs A Moore 17 Russell Street, Arbroath Proposed extension to dwellinghouse

APPROVALS

Application No. Promoter Location Development
99/00815/FUL A Darling 9 Dorward Place, Montrose Formation of Sun Lounge
99/00706/FUL Tayside Primary Care NHS Trust Forfar Infirmary Montrose Road, Forfar Siting of Temporary Eight Bed Ward
99/00791/FUL John McColgan 84 Hillrise, Kirriemuir Erection of Sun Lounge and Dog Run
99/00838/OUT J Robbins Collydean, Rosemill, Bridgefoot, by Dundee Erection of House
99/00843/FUL Mrs S Rodgers 112 Threewells Drive, Forfar Erection of Front Porch