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ANGUS COUNCIL

MINUTE of MEETING of the DEVELOPMENT CONTROL COMMITTEE held in the Town and County Hall, Forfar on Thursday 4 February 1999 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, ALEX SHAND, SANDY WEST and THOMAS I N YOUNG.

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

Councillor Mrs RITCHIE, Convener, in the Chair.

 

1. BUILDING WARRANTS

During the period 14 December 1998 - 22 January 1999 a total of 15 Amendments to Warrants and 104 Building Warrants had been approved with an estimated cost of £2,808,773.

2. PLANNING APPLICATIONS

There was submitted Report No 134/99 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(iii) Withdrawn Applications

To note that Application No 98/01354/COU by Mr Adrees for the change of use from licensed grocer to hot food takeaway at 2 Ivy Terrace, Forfar and Application No 98/01315/FUL by G Annandale for the erection of a dwellinghouse at Woodville Feus, Arbroath had been withdrawn.

(iv) Deferred Applications

After slides had been shown and an objector and the applicant’s agent had been heard, to defer consideration of Application No 01/97/2029 by Harvest Property Development Limited for a residential development of nine houses at Craigton Poultry Farm, Monikie.

(v) Approvals

To grant consent, subject to the conditions recommended by the Director of Planning and Transport, in respect of the applications detailed in List C of the Report and the Appendix to this minute.

3. ENFORCEMENT ACTION - LAND AT TORRAN HOUSE, DUBTON, ANGUS

There was submitted Report No 135/99 by the Director of Planning and Transport which detailed the circumstances relative to a recommendation to take enforcement action in relation to engineering works on land at Torran House, Dubton, Angus following the introduction onto the said land and storage thereon of a large quality of sand/soil.

The Committee agreed to take enforcement action in respect of the engineering works on land at Torran House, Dubton, Angus should the sand/soil not be removed by 30 April 1999.

4. TREE PRESERVATION ORDERS 1998

(a) No 1, Gayfield House, Hospital Road, Hillside, Montrose

There was submitted Report No 136/99 by the Director of Planning and Transport advising that in terms of Section 59 of the Town and Country Planning (Scotland) Act 1972, Provisional Tree Preservation Order 1998 No 1 had come into effect on 3 June 1998.

The Committee agreed to recommend that Tree Preservation Order 1998 No 1 be confirmed.

(b) No 2, Auction Mart, Edzell, Angus

There was submitted Report No 137/99 by the Director of Planning and Transport advising that in terms of Section 59 of the Town and Country Planning (Scotland) Act 1972, Provisional Tree Preservation Order 1998 No 2 had come into effect on 3 June 1998.

The Committee agreed to recommend that Tree Preservation Order 1998 No 2 be confirmed.

5. BUILDING CONTROL CHARTER

There was submitted Report No 138/99 by the Director of Planning and Transport which appended, for information, a copy of the Planning and Transport Department's Customer Care Charter for Building Control.

The Committee agreed that the Customer Care Charter for Building Control be adopted and made available to the general public.

6. DRAFT NATIONAL PLANNING POLICY GUIDELINE - PLANNING AND THE HISTORIC ENVIRONMENT

With reference to Article 9 of the Planning and Transport Policy Committee held on 28 January 1999, there was submitted Report No 94/99 by the Director of Planning and Transport which examined the draft National Planning Policy Guideline on Planning and the Historic Environment published recently by the Scottish Office, highlighting key points arising and considering the implications for development planning policies applying to Angus.

The Committee noted and approved the recommendation in the Report for its interest.

7. ST JAMES CHURCH, FORFAR

With reference to Article 6 of the minute of meeting of this Committee of 14 January 1999, there was submitted Report No 140/99 by the Director of Law and Administration on the outcome of attempted negotiations over the development of St James Church, Forfar.

The Report set out various options for the Council and concluded that it was regrettable that the Royal Bank of Scotland plc was reluctant to discuss further the proposals mooted by the Council for the redevelopment of this building. It was considered that the best option for redevelopment of the building was to seek to continue the present negotiations with the Bank and the proposed developer. In the event of such agreement failing, the option to pursue execution of works by the Council to make the building wind and watertight remained available.

The Committee agreed:

(i) to note the terms of Report No 140/99;

(ii) to remit to the Director of Law and Administration, in consultation with the Director of Planning and Transport, to pursue negotiations with the Royal Bank of Scotland plc and the prospective developer of the church with a view to securing redevelopment of the building and bringing it back into beneficial use; and

(iii) to remit to the Director of Law and Administration to report back to the meeting of this Committee on 18 March 1999 on the outcome of these negotiations.

8. SECTION 50 AGREEMENT (SECTION 75 AGREEMENT, AS AMENDED) AT PRESSOCK FARM, GUTHRIE, BY FORFAR

With reference to Article 3(iii) of the minute of meeting of this Committee held on 26 September 1996 (when it had been agreed, after several unsuccessful planning applications, to grant consent for the erection of a new farmhouse subject to a Section 50 Agreement being entered into linking the farmhouse with the agricultural holding), there was submitted Report No 172/99 by the Director of Planning and Transport indicating that the applicant had now written requesting that the Agreement be amended in order to allow him to offer the farmhouse as security for borrowing.

The Report advised that, to remove the clause restricting the occupation of a dwellinghouse to a worker essential to the day to day operation of the business, would not only result in the proposal being contrary to the Local Plan Policy for housing in the countryside, but would also result in a residential environment that might be unsuited to anyone other than someone directly involved in agriculture.

The Committee therefore agreed to refuse, under the present circumstances to vary the existing Section 50 Agreement over Pressock Farm, Guthrie in relation to Planning Application 01/96/1373.

9. PLANNING (HAZARDOUS SUBSTANCES) (SCOTLAND) ACT 1997

W J REID (FERTILISERS) LIMITED, MONTROSE

There was submitted Report No 176/99 by the Director of Planning and Transport which updated members on the circumstances surrounding the hazardous substances deemed consent issued to W J Reid (Fertilisers) Limited, and presented the various options open to the Committee.

The Report advised that, for five years, a large section of the town of Montrose had been subject to a development restraint, because of the presence of a fertiliser business in the vicinity of the harbour. Whilst Reids had co-operated and discussed possible solutions over the years, nothing tangible had emerged and, if it did, it would merely ease the problem rather than resolve it.

Accordingly, for the long term interest of Montrose, it was suggested that the Council should investigate the possible action under Section 12(2) of the Planning (Hazardous Substances) (Scotland) Act 1997, which allowed for a local planning authority to revoke a deemed consent if the substance to which that consent related had not, for at least five years, been present on the land in a quantity equal to or exceeding the controlled quantity prescribed in the Act. If successful, this might provide a long term solution by removing the potential planning blight that would otherwise threaten future developments in the south of the town.

The Committee agreed that the Director of Planning and Transport, in conjunction with the Director of Law and Administration, consider pursuit of the revocation of the deemed consent granted to Reids and report on progress in due course.

REFUSALS APPENDIX

Application No. Promoter Location Development
98/01305/FUL The British Red Cross Society 28 The Roods, Kirriemuir Replacement of Security Shutters with Electronic Shutters and Control Box
98/01333/FUL W Sutherland 4 Restenneth Place, Lunanhead, by Forfar Erection of Boundary Fence
98/01325/ADV TSB Bank (Scotland) Ltd TSB Bank, 3 Reform Street, Kirriemuir Erection of Advertising Sign

 

APPROVALS

Application No. Promoter Location Development
98/01270/OUT Transis Ltd Stracathro, Brechin Sewage Treatment Works and Travel Lodge
(after slides had been shown)
98/01243/FUL & 98/01244/LBC John Carswell Former Corn Exchange, Market Place, Arbroath Change of Use and Conversion of Store to Public House
98/01259/COU G B Gillon & Son Burnside Steading, Kilry, by Alyth Conversion of Farm Steading to Dwellinghouse
98/01237/FUL Mr and Mrs A Clark 58 Dunnichen Road, Kingsmuir Alterations and Extension to Dwellinghouse
98/01328/FUL Lothian & Borders Co-operative Society Ltd Abbeygate Superstore, Academy Street, Forfar Extension to Superstore, Extension to Production Bakery Unit, Additional Car Parking and Jet Wash.